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Backup Documents 12/17/1997 S DECEMBER 17, 1997 BCC Public Nearing NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, DECEMBER 17, 1997, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALb: SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.6. INTERPRETATIONS, ARTICLE 2, ZONING DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5 SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPLACING ZONING MA!? B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING MAP D., IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Tlerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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. f/forms/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: Jody Kuehne , Deputy Clerk 1 J ............. November 20, 1997 Robert Mulhere Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Notice of Public Hearing to consider Ordinance amending the Land Development Code Dear Petitioner: Please be advised that the above referenced petition will be considered b~r the'Board of County Commissioners on Thursday, December 17, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, December 11, 1997. You are invited to attend this public hearing. Sincerely, ~y Clerk ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLI.IER COUNTY LAND DEVELOPMENT CODE, WHICll INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE I, GENERAL PROVISIONS, DIVISION 1.6. INTERPRETATIONS; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMIttED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING. DIVISION 2.5. SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS. INCLUDING, BUT NOT LIMITED TO THE DE$1NITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPI.ACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING MAP D., IMMOKALEE AIRPORT; SECTION FOUR. CONFLICT AND SEVERABILITY; SEC'I'ION FIVE, INCI.USION IN TilE LAND DEVELOPMENT CODE~ AND SEC~FION SIX, EFFECTIVE DATE. WHEREAS, on October 30. 1991. thc Collier County Board of County Commissioners adopted Ordinance No. 91-102. thc Collier Cotmiy l.and Development Code (hereinafter LDC) , which has been sub~qucntly amended; and WHEREAS, thc LDC may not be amended more than two limes m each calendar year pursuant to Section 1.19. l., LDC; and WitEREAS, this is thc second amendment to the LDC, Ordinance 91-102, in this calendar year; and WHEREAS. on March 18, 1997, thc Board of County Commissioners adopted Resolution 97-177 catablishing local requirements and procedures for amending thc LDC; and WHEREAS, all requirements of Resolution 97.177 have bccn mci; and WHEREAS. thc Board of County Commissioners, in a manner prescribed by law, did hold advertised public hcaringz.gn' ]December 3, 1997 and December 17, 1997, and did take action concerning these amendments to thc LDC; and WHEREAS, all applicable substantive apd procedural requirements of thc law have been met. NOW, TItEREFORE BE IT ORDAINED by thc Board of County Commissioners of Collier County, Florida, thai: SECTION ONE: RECITALS Thc foregoing recitals arc true and correct and incorporated by reference herein as if fully scl forth. SECTION TWO: FINDINGS OF FACT of fact: I. Collier County, pursuant to Sec. 163.3161, CA aea;l., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is requital to prepa~ 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 arc 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 thc total unincorporated area shall be based on; be related to. and be a means of imp!cmemation for, the adopted Comprehensive Plan as required by thc Act. 4. Sec. 163.3194(1Xb), Fla. Stat.. requires that all land development regulations enacted or amended by Collier County be consisten! with thc adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at thc 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. Stal., slates 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 ar&. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1Xa), 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 Comprellensive Plan if the land usea, densities or intensifiea, in the Comprehensive Plan and ifil meets all other criteha 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 co~istent with the Comprehensive Plan if the land tm:a, dermtiea or inmmitiea, capacity or size, timing, and other aspects of development are compatible with, and ~ the objectiv~ policies, land use~, densities or intensities in the Comprehensive Plan and if it meeta all ~ c~ii~ia enumerated by the local government. Wo~ds ~k-~iVNB~ arc deletecL words .n,4~,,~a arc ~ which became effective on November 13. 1991 and may be amended twice annually. 1 I. Collier Co,nty 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, warn' md 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 ~'e 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 ma/ntain 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 ~'ith 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 INTERPRETATIONS DIVISION Division 1.6. Interpretations. of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION !.6. INTERPRETATIONS Sec. 1.6.1. Authority. The planning services director shall have thc authority to make all interpretations of the text of this code, the boundaries of zoning distric:s on the official zoning atlas, and to make all interpretations of the text of the growth management plan and the boundaries of land use districts on the future land use map. The chief building official shall have the authority to make all interpretations of the text of this code on matters related to the building code, building permit requirements, building construction administrative code or building permits. In cases where interpretations of both the building official and planing services director are requested jointly, any conflict shall be resolved by the community development and environmental services administrator. Sec. 1.6.2. lnitl~tion Words ~ are &'leted. words ~ are An interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. Sec. 1.6.3. Procedures. 1.6.3.1 Submission of request for interpretation. Before an interpretation shall be provided by the planning services director, or chief building official, whichever is applicable, a request for interpretation shall be submitted to the planning services director or chief building official, whichever is applicable, in a form established by him. A fee for the request and processing of the request shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. 1.6.3.2. Detu,~fination of completeness. After a request for interpretation has been received, the planning services director or chief building official whichever is applicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, determines that the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The planning services director or chief building official, ~vhichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. 1.6.3.2.1. Notification of affected property owner. Where a site speci tic interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. 1.6.3.3. Rendering of interpretation. After the request for interpretation has been determined complete, the planning services director or chief building official, whichever is applicable, shall review and evaluate the request in light of the growth management plan, the future land use map, the code and/or the official zoning atlas, and building code related matters, whichever is applicable, and render an interpretation. The planning services director and the chief building official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 1.6.3.2. Sec. 1.6.4. Form. The interpretetion shall be in writing and shall be sent to the applicant by certified mail return receipt requested. See. 1.6.5. Official record. The community development and environmental services administrator shall maintain an official record of ali interpretations rendered by either the planning services director or chief building official, which shall be available for public inspection during normal business hour~. 1.6.5.1. ,a-.:.- -c: ....... ;~- Notice ofintert~retation.. Thc community deeelopment and environmental services administrator shall provid-.- public notification upo,, the issuance of an interpretation. For general interpretations of the buildinl; code. Comprehensive Grovdh Management Plan or Land Development Code, Words ~,~ds-4l,,r~k are deleted, ~tords ~ are ,~ckled. Page 4 noticc of thc~ intcrprctation and appeal timc-framc shall be advertised in a newspaper of general circulalion in the County. For interpretations affecting a specific parcel of land, notice of the interpretation and appeal time-frame shall bc advertised in a newspaper of general circulation, and mail notice of thc interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. 1.6.5.2. Effective time limits of an inte~_ retation. An interpretation rendered by the o¥annine services director or the building official, as the case may be. shall remain in effect until the appropriate code is amended to clarify_ the applicable provision or provisions which warranted the interpretation are amended, or until such time as the interpretation is adopted, modified, or rejected as a result of an atmeal to the board of appeals and/or the building board of ad_iustments and anneals, by the applicant or other individual or entity_ identified in sec. 1.6.2. of this e,,,ode. During the time the interpretation is rendered and the time the a.mpropriate code is amended, or in the case of an ap..ueaJ, until such time as the board of zoning . .at~eals and/or the building board of adjustments and ap.r~,als has rendered its findin_e, no further request for interpretation regarding the same issue shall be .~zrmitted. Sec. i.6.6. Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the planning services director or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or a~_erieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division I. 18 or to the board of zoning appeals for all other matters in this code. For the purpo, scs of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interp, retation is effective. An aggrieved 9r affected party is defined as any person or ~oup of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Mans_cement Plan~ Land Development Code. or building code(s}. As provided for in Florida Statures./5 163.3215(2). the alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons~ A request for appeal shall be filed in writin_e. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support 9.~D..e,a~ A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning services director or chief building official, whichever is applicable, and public testirr, ony in light of the growth management plan, the future land use map, the code or the offici;fl zoning atlas, or building code related matters, whichever is applicable. The board of zomng appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services director's or chief building official's interpretation, whichever is applicable, with or without modifications or conditio;~s, or reject his interpretation. The board of zoning appeals or the building board of adjt~o-,;.ment,¢, and appeals, whichever is applicable, shall not be authorized to modify or reject the plannir~g services director's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or thal the interpretation is contrary to the growth management plan. lhe future land use n,ap, thc c~<le or the officia; zoning atlas, er building code, whichever is applicable. code, whichever is applicable. W~rd,, o,¢~,&,-4-~:F,~ ar,' deleted, ~,'ords Rll.~,,ilil~d afc :.ddcd. SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES, CONDITIONAl, USES, DIMENSIONAL STANDARDS DIVISION Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards. of Ordinance 91-102, as arncnded, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Se~. 2.2.12. 2.2.12.2. 2.2.12.2.1. Commercial professional district (C-I) and commercial professional transitional district (C-IFF). Permitted uses. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as othea'wi~ provided for within this section, are permitted as of right, or aa ~ a~ry to permitted uses in the C-l commercial professional district and thc C-I/T commercial professional transitional district. Permitted Uses. i. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521). Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372, 7374-7376, 7379). 4. Child day care services (8351 ). Group care facilities (category ! and II, except for homeless shelters); carc units except for homeless shelters; ami nursing homes; a~isted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4-193 F.A.C. all subject to Section 2.6.26. O]~Jc~f~ Engineering, architectural and surveying services (groups 078L 8711 - 8713). 7. Health Services (8011-8049). Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, ad.,.l!t ,,:;d har:dicapped only). 9. Insurance carriers, :.gents and brokers (group 6311-6399, 6411 ). i0. Legal services (811 I). I I. Management and public relations services (groups 8741-8743, 8748). 12. Miscellaneous pe~nal services (7291). 13. Museums and art galleries (8412). 14. Non depository credit institutions (groups 6141-6163). Words s4n~*41~,~ are deleted, words I~der!me4 are ~dded. Page 6 2.2.12.3. 15. 16. Real estate (group 6531-6541 ). Any other commercial usc or profcssional scrviccs which is comparable in naturc with thc foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business. and are purely associated with activities conducted in an office. ConditJonal uses. Thc following uses are permissible as conditional uses in the commercial profcssional/transitional district (C-I, C-I/T), subject to the standards and procedures established in division 2.7.4. Civic, social and fraternal associations (8641). Dcposilory institutions (groups 6011-6099). Educational services (821 !-8231 ). 5. 6. 7. Health services (801 !-8049). Homeless shelters, as defined by this code. Increased building height to a maximum orS0 fect. Mixed residential and commercial uses subject to the following criteria: A site development plan is approved pursuant to division 3.3 that is designed to protect thc character of thc residential uses and of thc neighboring lands; The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; The residential uses arc designed so that they are compatible with thc commercial uses; d. Rc~tdcntial dwelling units ate located above principal uses; Residential and commercial uses do not occupy the same floor of a building; The number of residential dwelling units shall bc controlled by the dimensional standards of the C-I, C-1/T district, together with thc specific requirement that in no instance .~hall the residential uses exceed 50 percent of thc gross floor area of thc building or the density permitted under the growth rh:,nagement plan; g. Building height may not excced two stories; Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; Words .,~h are dclclcd, words ~ arc ]dried. Page 7 Sec. 2.2.14 2.2.14.2.1. A minimum of 3u percent of thc mixed usc development shall be maintained as open space, Thc following may be used to satisfy thc 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 bc used unless existing native vegetation is maintained); the mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential us~s through such measures as, but not limited to, minimizing noise associated with commcrcia! uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular acccssways and parking areas from residential units, to thc grcatcst extent possible. 8. Nursing and personal care facilities (8082). 4.0 9. Religious organizations (86611. ~-~ lC). Soup kitchens, as defined by this code. ~. 11. Veterinarian's office (0742). excluding outdoor kenneling. Commercial inlermedlate district (C-31 Permitted uses Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience districl. 2. Apparel and a,.:ccssory storics (groups 5611-5699). 3 Auto and home supply stores (5531 ). Business services (groups 731 I, 7313, 7322-7338, 7361-7379, 7384. 7389 except auctioneering service, field warehousing. bottle labeling, packaging and labcling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consuraption are subject to Iocational require, nents of section 2.6.10. 6. Food stores (groups 5411-5499). 7. General merchandise stores (groups 5311-5399). Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 9. [Reserved.] 10. Home furniture, furnishing, and equipment stores (groups 5712- 5736). Word~ sm~e41we~h arc deleted, words ~derl~d are added. I i. Libraries (8231 ). 12. Marinas (4493), subject to section 2.6.22. 13. Membership organizations (861 !-8699). 14. Miscellaneous repair services (groups 7629-7631). 15. Miscellaneous rmail (groups 5912-5963, except pawnshops and mer. ohaadi.~, 5992-5999). 16. Museums and art galleries (8412). 17. Non-depository credit institutions (groups 6111-6163). 18. Paint, glass and wallpaper stores (5231). 19. Personal services (groups 72 i 1, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251,7291 ). 20. Public administration (groups 9111-9199, 9229, 9311,9411- 9451,9511-9532, 9611-9661). 21. Retail nurseries, lawn and garden supply stores (5261). 22. Veterinary services (groups 0742, 0752 excluding outside kenneling). 23. Videotape rental (7841). 24. United States Postal Service (431 ! except major distribution centers). 25. Any usc which was permissible under thc prior GRC zoning district and which was lawfully existing prior to the adoption of this code. 26. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of thc district. 2.2.14.3. Conditional Uses. The fol!owing uses are permissible as conditional us~,~ i:: the commercial intermediate district (C-3), subject to the standards and proctxlures established in division 2.7.4. Sec. 2.2.15. 2.2.15.2. 4-~11. Vocational Schools (8243-8299) General commercial district (C-4). Permitted uses. The following uses, aa identified with a number from the Standard Industrial Classification Manual (1987), or aa otherMse Wo~ds ~ arc deleted, wotd~ ~ arc ~klcd. Page 9 providcd for wilhin this section, arc permitted as of right, or as uses accessory to permitted uscs in thc general commercial district (C-4). 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this code, all permitted uses in thc C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services, indoor fgroups 791 i-79,~!, 7991- 7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in Section 2.6.28. 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: [Size of vehicles.] Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. I, Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent w211 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 ',/all shall be located within a landscaped Luff'er as specified in section 2.4.7. All walls shall be protecte,l by a barrier to pgevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. 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 Words ~~ are deleted, words ~ are added. Page 10 10. !1. 12. 13. 14. 15. 16. 17. 18. 19. 20. covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auetioneering, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (2752, excluding newspapers). Communications (groups 48124841) including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. Engineering, accounting, research, management and related services (groups 8711-8748). Glass and glazing work (1793). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; a~l nursing homes; assisted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4-193 F'.A.C. all subject to Section 2.6.26. Hospitals (groups 8062-8069). Health Services (Groups 8051-8059. 8062-8069, 8071-8072 and 8092- 8099). Marinas ~r4493, ,~499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622-7041, 9699 except agricultural equipment repair, awning repair, beer pump coil :lerating and repair, black..',mith shops, catch basin, septic tank and c~spool cleaning, coppersmithing, farm machinery repair, fire equipment x .~air, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler clearfing, tinsmithing, tractor repair). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. Words ~r'~ '~-~:i~h a.e deleted, words underli~ arc added. Page 1 I See. 2.2.16. 2.2.16.2.1 See. 2.2.23. 2.2.23.2.1. 21. 22. 23. Personal services (groups 7215, 7217, 72!9 726! ~ except crematories, 7291-7299). Real estate (group 6512). Social serdces (groups 8322-8399, except for homeless shelters and soup kitchens). 24. [Rcserved.] 25. Vocational schools (groups 8243-8299). 26. Any other gencral commercial use which is comparable in nature with the foregoing uses including buildings for rte~ail, service and office purposes consistent with the permitted use~ and intent and purpoa¢ s~atement of the district. Industrial distrtct (I). Permitted Uses Agricultural services groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum orS00 feet from a residential zoning district, 0721, except that aerial dusting and spraying, dim control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum orS00 feet from a residential zoning district, 0722-0724, 0761,07812 0783). 27. Personal services (groups 7211-72-1-951. 7291). Airport overlay dlstrtct (APO): special regulations for specified arens iu and around the airports in Collier Count3'. Primary zone. An area longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. The width of each primary zone is as follows: Airpor~ Naple~ Marco Island Eve~glades lmrnokale~ PRiMARY ZONE WIDTH (FEET) Runway Type Width D ~.t 14-32 O~h~ than uffii~/nofl-precision instrumem ,4-~5.23 O~her ~han u~ilitylprecision ins't~nt 1.000 I ?-35 Otb~ ~an Ul~tilitylnon-pr~cision inslrumen! 500 I ~-33 Utility/v~sual 250 9-2? C~her than utility/mm-pr~ision instrumenl 18-J6 Olher Ihan utdity/non-prccision instrurn~l 4-22 Utility/visual 250 Primary zone height. No structure or obstruction will be permitted within the primary zone that is not part of the landing and takeoffarea and is of greater height than the nearest point on the runway centcrline. Word~ ..... ...... ~' ...... ~- ~' are deleted, words ~ a~e added. Pa~e ! 2 2.2.23.2.2 Horizontal zone. The m ~'ound each public use airport with an outer boundary, the perimeter of which is con~xucted by ~.-inging area~ of ~3x~ified radii from the center of each end of the primary zone ofeach airport's runways and connecting the adjacent ar~s by lines tangent to those arcs. The radius of each arc is as follows: ^imons Island 2.2.23.2.3. 2.2.23.2.4. HORIZONTAL ZONE RADIUS (FEET) Runway Type Radius : ~..~: 14-32 O~c~ lhin utility/non-precisio~ instrument 10,000 ; 225-23 O0~w th~n utility/precisio~ irt~'~-~'~t 10,000 1%35 ~ than Ulttility/non-lm~'ision inm'ument 15-33 Uldil,//vis~ll 9-27 Ot~ than utility/~o~-preciaion maxnanem 10,000 18-56 Other than utility/mm-precisio~ inmnsment 10,000 4-22 Utility/ritual 5.000 Horizontal zone height. No structure or obstruction will be l:~'mitted in the horizontal zone that has a height greater than 150 feet above the airport height, unless a Federal Aviation Administration Determination Of No HaTard To Air Navi?ation has been issued. Conical zone. Thc area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Conical zone height. Height limitations for structures in the conical zone ar~ 150 feet above airport height at thc inner boundary with p~,afitted height increasing one foot vertically for every 20 feet of horizontal distanc~ measure:! outward from thc inner boundary to a height of 350 fcct above airport height at the outer boundary. Approach zone. An area longitudinally centered on thc extended runway centerlin¢ and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end. Approach zone width. Thc inner edge of thc approach zone is thc same width az the primary zone. Thc outer width of thc approach zone is prescribed for the most precise approach existing or planned for th. al runway end expanding uniformly to the following widths: Airports N~ples Marco Island Everglades APPROACH ZONE WIDTH (FEET) Runway Tyg~ Width !3 3 ! ! 4-32 Other than utility/non-precisio~ instrument 3.~00 4-5 O~her than utilitytnon-precifion ins~umenl 3,500 ~23 Other than utility/precision inatmmcnt 16,000 17-35 ~ Uli61ity/non-precision instrument ~4~9]300 15-33 Ufility/vi~al 1,250 ~ Other than utility ~/pr~naion in_ntrament 16.000 -9-27 Oth~: than utiliry/non-pr~i$ioo instrument 3~00 Worda ......... re. ar~ delcte~l, worda ~ ar~ added. Page 13 IS Other ~ uhlnY,~on-preciao~ :mint 3,51X) ],6 Other Ihan utility/visual I..500 ,4-22 Ulihty/visual 1.250 ,4ppro~ch zone [¢ng~h~. The approach zone extends for the applicable horizontal distance as follows: Airgorts Naple~ Marco Island Everglade~ Immokalee APPROACH ZONE LENGTH (FEET) Runway Type ! ~ ~. ! 14-32 Other than utility/non-precision instrumcm I 0,000 45 Other than utility/precision instrument I 0.000 ~1~23 Other than utility/non-precision instrument 50,000 17-35 ~ Lltltility/non-precision instrument .~,.t?~__ I0.000 15-33 Utility/visual 5,000 0-27 Other than utility/non-precision instrument 10,000 9 Other than ufilirv/n~recision instnm',enl 18 Other than utility/non-precision instrument 10,000 36 Other than utdity/visual 5,000 4.22 Ulility/visual 5,000 /ipproach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Airports Naples Marco Island Everglades Immokalee APPROACH ZONE }{EIGHT Runway Typ~ W :,~*,~ J~ ! ~! J4-32 O~her lh~ uldtty/non-~ision in~t 34:1 4~ ~h~ than utih~/non*~ision in~m~nt 34: I ~ ~h~ t~ utih~/~s~on in~t 50:1/40: 17.35 ~ ~gtdt~/non-~ision in~m~nt 20:1 15-33 Ut di~/visuaJ ~: I 9~ ~hcr ~ utthly/=ca ~ision in~t 50:1/40:1 ~ ~ ~ utili~/non-~ision ~t 34' I 18 ~hc: th~ utili~/n~-~ision lns~t 34: I ~6 ~h~ than utili~/vi~al 20: I 4-22 Utditytv~sual 20: Precision instrument runway(s). One foot vertically for every 50 horizontally for the ftrst I0,000 feet increasing to one foot vertically for every 40 feet horizontally for additional 40,000 fe~t. A~on-precLsion instrument runways. One foot vertically for ever 34 fe~t horizontally. Words s~r-'eE :~..'m:g~ are deleted, wo~d~ ~ are added. Page 14 3. I/tsual mtnways. One foot vertically for every 20 feet horizontally. 2.2.23.7. Exemptions. _ Development of the Marco Shores Golf Course Community that gomports with the location and height requirements of Ordinance 81- 6. as amended y Ordinance 85 - 56 and Ordinance 94 - 41. is exemnted from the provisions of Section 2.2.23.2. By virtue of the following: [ An agreement between Johnson Bay Development Co.rporation. Collier County Ai.rport Authority. and the Board of County_ Commissioners. ii. Prior issuance of a Federal Aviation Administration Determination Of No Hazard To Air Navigation SUBSECTION 3.C: AMENDMENTS TO I.ANDSCAPING AND BUFFERING DIVISION Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. 2.4.3.1. landscape plan required. Prior to the issuance of any preliminary subdivision plat, final sitc development plan, or building permit, an applicant whose dcvclopment is covered by the requirements of this section shall submit a landscapc plan to the development services director. The landscape plan shall be~gar~-b~m~ bcar thc seal ora Landscape Architect registered in the State of Florida;, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan. This plan is not required to be pre;~arz'J by an~ bear thc scal ora landscape architect SUBSECTION 3.D: AMENDMENTS TO SIGNS DIVISION Division 2.5.. Signs, of ordinance 91-102, as amended, the Collier County Land Development Code. is hereby amended to read as follows DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.2. Sign.~ within non-residential districts: 2.5.5.2.1. Development standards. Maximum allowable height. All signs within non-residential zoned districts and as applicable ~o non-residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for within this section. Height shall be measured from the lowest centerline grade of the nearest Words ::.",:'zk :~:~u~:~ are deleted, words underlined are added. Page 15 2.5.$.2.+2. 2.5.5.2.~fi. public or private R,O.W. or easement lo the uppermost portion of the sign structure. Minimum setback. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwi~ noted below or as provided for in section 2.1.13. Real estate sign~: The following signs classified as real estate signs shall be permitted in non residential districts subject to the following: One ground or wall "For Sale," "For Rent," or similar sign with a maximum area of tv:e four squ~ feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One ground or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. Real estate signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction ar,,.; no closer than 15 feet from any property line, and subject to the folio, wing: One ground or wall sign, with a maximum of 12 square feet, may be used as a construclion sign by the general contractor of the development or as a permit boar4, within each front yard for each parcel less th~:n one acre in size. (No building permit required.) One ground or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acre in size. (No building permit required.) One ground or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of 10 acres in size. Words ~."-':-~ :h:'~.~,:'i;h are deleted, words I~ arc '~dded. Page 16 uric i~ruunu or wall sign, wlU~ a maximum ol 4 squ;~ lull m slzco ntap bc used ~ a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (NPR) All construction signs must be removed prior to the issuance of certificate of occupancy. 2.5.5.2.~. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non:residentially zoned districts subject to the restrictions below: 2.5.5.2.-3~.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or two ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, business pa.,'ks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more ind .ependent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. Setbacks: 15 feet from any property line, public or private fight-of-way, or easement, unless otherwise noted below or as provided for in section 2. i .I 3, and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15-foot setback from all project boundaries and public fight-of-ways and easement, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians, unless otherwise noted below or as provided for in section 2.1.13. The 15-foot setback requirement may be adminis,ratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. The planning services director's decision to reduce the required 15-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of- way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is umlikely to be widened to the extent that reduction in the required se:back will result in the sign being any closer than 30 feet to the edge ~f pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, :t would be prudent to allow for a reduction m the required setback so as to most appropriately locate the sign structure; or, Words .':..':-.::~ :~:==~;~ a~e deleted, words ~ are added. Page 17 I 1/20/97 d) Thc extent of thc reduction is thc minimum amount necessary to providc relief from thc applicable conditions cited above. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.3.1., which may be 25 feet in height. l lcight shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. Spot or floodlights shall be permitted only where such spot or floodlight is non:revolving and said light shines only on the owner's premises or signs and away from any fight-of-way. 2.5.5.2.:3~a.2. I I/20/97 Pole or ground signs within regional shopping centers. One pole or ground sign is permitted for each regional shopping center having a frontage of 150 feet or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number ofpole or ground signs exceed two per street frontage. Additionally, one directory sign with a maximum size of 250 square feet will be permitted for a single entrance on each public street. cfa 15 .Ccc= :~tback from al! ~rc.~: ~-'-'nda~= -~ p~:b!!c eld. air. aerie, n=, cr traffic ~e.."~rdc tc mctcv.':'.c cr p~:~a.':.:. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for t~c~ ground signs, except for approved directory signs. Setbacks: 15 fect from any property line, public or private right-of-'vay, or easement, with the exception of directory signs which may be Iocat~ within the medians afpfivate streets or easements, provided that there is a minimum ora 15-foot setback from all project boundaries and public rights-of-way and easement.,;, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. The 15-foot setback requirement may be administratively reduced by a maximum often feet by the planning services director upon submission of the administrative varia,~ce fee and a written request. Where the planning services director approves such a reduction, the height of the sign shall be reduced by an amount equal to the amount of variance Words :::~.::k :~:o~4~ ate deleted, words underlined are added. Page 18 2.5.5.2.33.3. being requcsted. The planning services director's decision to reduce thc required 15-foot setback shall bc based on the following: a) Whcre it can be demonstrated that within thc adjacent right-of- way the area between thc property line and the edge of pavement is excessively wide and that thc actual paved area is unlikely to be widened to thc extent that reduction in thc required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from thc perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate thc sign structure; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.3.2., which may be 25 feet in height. lt¢ight shall measure from the lowest centerline grade of the nearest public or private fight-of-way or easement to the uppermost portion of the sign structure. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. Wall. mansard, canopy or awning signs. One wall, mansard, canopy o; awhing sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Comer units within multiple occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within shopping centers may by allowed one additional wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any sign. Worth ::r'.;.:~ '..~.::::~S are deleted, words ~ are ~ddcd. Page 19 2.5.5.2.~,j.4. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. Projecting signs shall not project more than four feet from the building wall to which it is attached. Projecting signs shall not extend above the roofline of the building to which it is attached. Projecting signs shall not project into the public fight-of-way. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2.~a.5. Under-canopy signs. In addition to any other sign allowed by this code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 2.5.5.2.~_1.6.Accent lighting. In addition to any other sign allowed by this code, accent lighting may be allowed subject to the following requirements: No more than two tubes or strands of continuous accent lighting will be allowed per wall ora structure. Accent lighting cannot exceed one and one-half inch in diameter per tube or strand, and shall not be used to outline doors and windows, or attached to columns and vertical corners of structures. Accent lighting must have the approval of the community development services administrator or his designee except as prohibited in section 2.5.7 of this code. Installation of accent lighting shall require a building permit. Accent lighting must comply with the Collier County current clectfical code and must be installed by a licensed electrical sign contractor to approved electrical source. 2.5.5.2.~a.7. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD z,~ning districts, and specifically required rot PUDs contain in a commercial component. Sign classes and sizes for plana.ed unit developments should be the same as the standards found within this code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 2.5.5.2.~-,~.8. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Three non-commercial flags may be displayed at the entrance of a commercial, office, industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only offa roadway that is designated a collector or arterial in the traffic element of the growth management plan. and all entrances with flags are at least 300 feet apart. Four Words st~-.:-:~ :~:.w_-g~ are &leted, words und~d are added. additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the planning services director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the planning services director determines that the display of the extra flags is essential to the theme and design of the development. Ali flagpoles with a height in excess of 15 feet above finish grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. On single-family or duplex lots flagpoles shall not exceed ~ 30 feet in height above ~ finished grade. For all other residential zoned parcels, flagpolc~ shall not exceed 35 feet in height from the ,%L:5 finish~ grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed ~ 35 feet in height above fin:.:~ finished grade. t...:,.~:-- :s ...,.:.t. ,~.~. ...... ~"~ In all other zoning districts, flagpoles shall not exceed 8,0 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30% of the length of the pole Io which it is affLxed. 2.5.5.2.~a.9. Temporary signs. The erection of any temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applican's for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this code. 2.5.5.2.3~a.9.1. Political signs. Political campaign signs and posters shall be permitted subject :o thc following requirements: Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sigt, or on the pole supporting the sign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. Political campaign signs or posters within residentially zoned or used properly shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. Words :..':-.:'c~. '.~:.-:.::g~ are deleted, words ~ are ,tided. Page 21 Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign, and shall be located no closer than 15 feet to any property line. The number &such signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue. All supports shall bc securely built, constructed and erected to conform with the requirements of this code. Thc maximum height of any political campaign sign or poster, except those that may bc affixed to a wall, shall be limited to eight feet. Political signs shall be erected not more than 60 calendar days prior to an election or political event, and shall be removed within seven calendar days after thc election, event, or after thc campaign issue has been decided. 2.$.5.2.~.a~.9.2. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Thc banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.3~a.9.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 15 feet to any property line. Such signs shall require a building permit. 2.5.5.2.e3~a.I 0. Special purpose signs (on-site). Due to thc unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to lhe public. Special purpose signs shall be permitted as follows: 2.5.5.2.:3~. ! 0. I. Theater signs (on-site). In addition to the signs otherwise permitted by this code. a theater shall be permitted a changeable message sign, the surface of which shall not exceed 100 square feet in area. Such sign shall require a building permit. 2.5.5.2.:~. 10.2. Automobilc service stations. In addition to the signs otherwise permitted r,y this code, automobile service stations shall be permitted one changeable message sign not to exceed ten square feet in area for the purpose r0fdisplay, ng gasoline prices only. Such sign shall be affixed to the structure ora pole on the property. Such sign shall require a building permit. 2.5.5.2.-3~. 10.3. Time and temperature signs. One time and temperature sign having a surl3ce area not exceeding 18 squa?e feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure ora pole or ground sign. Such sign shall require a building permit. 2.5.5.2.3Za. 10.4. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, and located internal to the subdivision or development, may be allowed subject to the approval of the community development and environmental services administrator, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development, directional or identification signs maintaining a common architectural theme maybe combined into a single Words sl~ are deleted, words ~ are added. Page 22 sign not to cxcccd six fccl in height and 64 square feet in area. Such signs shall rchirc a building permit. For signagc to bc located along thc Golden Gate Parkway, ~c division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and thc Golden Gate Master Plan. 2.5.5.2..a~J, I I. On-premise signs within agricultural districts. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commerciai uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 2.5.5.2.3,da. I 1.1 · One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed I O0 square feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 2.5.5.2.34.1 1.2. Seasonal farm signs (on-site). One temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding 40 square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2..X~. 11.3. U-Pie signs. One U-Pie sign located at the entrance or date of each street frontage. Thc maximum allowable sign area for each U-Pie sign shall not exceed 32 square feet, and shall be located a minimum of 15 feet from any property line, public or private fight-of-way or easement. 2.5.5.2.34.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Coruer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not ~. more than 20 percent of the total square footage of the wall tv, which it is affixed, and shall not in any case exceed 250 square feet in ~rea per sign. 2.5.5.2.34.12 Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator, or his designee, if thc following retirements are met: Off-premises directional signs shall only be permitted in non- residentially zoned, or agricultural districts. No more than two off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or usc which is not visible from the arterial roadway serving such building, structure, or uses, provided: Each sign is not more than 12 square feet in area with a single- faced display area only. Double-faced signs shall not be permitted. Words ~.:'~::~ :h:::'.:gh arc deleted, words und~l~ed are added. Page 23 Thc sign is not more than eight lc-ct in height above the lowest center grade of the arterial roadway. 3. Thc sign is located no closer than i $ feet to any property line. Thc applicant must submit with thc permit application notarized, written permission from the property [owner] where the off-site sign is located. The sign shall only be located within 1,000 fee~ of the intersection of the arterial roadway serving the building, structure, or use. Off-prcrnises directional signs shall not be located closer than 50 from a residentially zoned district. Off-pr~nises directional signs shall not be located closer than 1 O0 feet from another off-premises directional sign. 2.5.5.2.-2~. 13. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Sec. 2.S. lO. Continuation of nonconforming signs. 2.5.10.3. A non-conforming permanent on-premises or off-premises sign shall not be replaced by another non-conforming sign except that substitution or interchange of letters, ~,:*,~ pa:~:l:,, ~-'~ ~a!.~*,~ s.~...~ e,r '~: ........ ~'~ .... .~:~t on non- conforming signs shall be permitted through the period of non-conformity established by this code. SUBSECTION 3.E: AMENDMENTS TO SUPPLEMENTAL DISTP$CT REGULATIONS DIVISION Division 2.6., Supplemental District Regulations of Ordinance 9 I-102, as amet.ded, the Collier County Land Development C'ode, is hereby amended to read as follows: Sec. 2.6.35. 2.6.35.6.2. DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Communication towers. Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use subject lo other applicable provisions of this section, including separate requirements and shared use provisions. Towers that exceed those specified maximum heights require conditional use approval. i. All commcrcial,.3Zu,~l~ and industrial zoning districts: Any tower up to 75 feet in height is a permitted usc subject to Words: .':'a:~ :~:e::g.s: are deleted, words ~ are added. Page 24 minimum yard requirements. Any tower that exceeds 75 feet in hcight up to a hcight of 185 feet is a lawful u~e only if pe,,;itted or otherwise provided in thc respective zoning district and the base of such tower is separated from thc nearest boundary of any parccl of land zoned RSF-! through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5. (Thc minimum s~paration distance is 2 ½ times thc height of thc tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2.7.5. SUBSECTION 3. F: AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2.. Subdivisions, of Ordinance 91-102, as amended, thc Collier County Land Devclopment Codc, is hereby an~ended to read as follows: DIVISION 3.2 SUBDIVISIONS* Sec. 3.2.8 Improvement plans. 3.2.8.4.16. Streets. Pavement samples: The developer shall provide core sarnnles of both thc base course and surface course of the completed public and private. roadways prior to preliminary_ approval. The core samnles shall be taken at a maximum of 300 feet intervals and arran_cements shall be made lO immediately replace the areas so removed with materials and construction to conform to the .specifications and to the line and _made of the imrnediate surroundings' pavement surface. The cote samnles shall be taken by an .a~proved testing laboratory_ and/or professional engin,~,q' and certified as to location taken and thickness measured. A tolerance of ¼ inch for pavement surface and V~ inch for base may be accepted. Any deviations more than these tolerances wiil result in withholding preliminary_ acceptance until such time that t~e pavemen! is brought up to County standards~ 3.2.8.4.22. Water management. I I. Plans and specifications. Thc master drainage plan shall include thc drainage plans and details for all lots. ^ ,, ~ The master drainage plan shall show proposed finished grade elevations at all lot comers and breaks in grade. Thc engineer shall state on thc water management calculations the basis for wet season water table selection. Thc engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. Word~ ~m~ are deleled, wor~ 1~ are added. Page 25 SUBSECTION 3.G: AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4, Explosives, of Ordinance 91-102, as ~rnended, thc Collier County Land Dcvclopmcnt Code, is hercby amended to read as follows: DIVISION 3.4 EXPLOSIVES* Sec. 3.4.7.Permit application review procedures. 3.4.7.1.3. Pre-Blast inspee, tions L Prior to detonation of explosives a list of all pre-blast insnections .t~,~'formed shall be provided to En?ineerin_~ Plan Review and lnspec, tion Services. Pm-blast i .nspeefions are required for structures if one of~c following conditiona have been satisfied: The calculated scaled distance of the structure is ! 50 feet or less fi'om the pendin_~ blasL as determined by u$in? the Scaled Distance = D WI/2 This ratio is used to predict ~ound vibrations and js to. ual to the distance 'D" from the blast to the _maim of concern divided by the ~uare root of the charge weight 'W" in pounds of explosives ~ delay: For all t_ .vpes of blasting shall be required within 300 feet of blastmg perimeters. 2. Pre-blast insneetions shall be conducted by an ind.ependent seismolo_~t, vibration en~neer, structural en_~ine~, or 'digit r .epresentafive. The pre-blast survey i~tion shell eonsitt of complete documentation of all visible interior and exterior defects observed at the structure. The irt .?ecfion docum .~fioq shall be prepared on 8 ¼ x 11 or 8 ½ x 14 sheet(s} ofp _aper. Th.' flgg_lZf. Alg_~ .specfion must be indicated on the documem~ion Interior and/or exterior 35 mm photo_~aphs of the structure ~es containin_~ defects must be identifiable as to the location and date taken. A list of all pre-blast survey, s shall be received by F.n_~incering Plan Review and Irmoection Services no later than five (5) day5 prior to the nlanned commencement ofblastin_~. A locatinn i~p. indicatin~ the ~treet~ and ~O'uetures involved shall be aubmitted together with this list_ 3.4.7.1.4. Pre-blast notificaticn: V,'o~ds ~ m ~eleted, ~ aaaed~ are added. Page 26 Thc applicant ~hzll notify residents who have not received a pre- blast inspection oftbe .t~mding blast at least five (SI days prior to the commencement of the initial blast Notification shall be distributed to all pro.tx.~des containing structures within a radius calculated for a scaled distance of 150 feel The written notification shall describe the blastine which will take place, its effect on the residents, their ability to obtain a prg- blast survey_ and how to ex)ntact the user or his or bet r .epresentative with any blast related complaints or ¢laim~, Property owners shall be ~ven a five {5} day window to rcspn, nd to the availabiliw and their desire to obtain a pm-blast survey. If blastin_e ia su .spended in an area for a period of ninety_ days or lon_~er, re-notification of all residents within the radi,,c calculated for a scaled distance of 150 feet shall be aeeomplishg~l at least seven (7} days prior to the re-commencement of blasting_ Sec. 3.4.10. Issuance. 3.4. I 0. 1.2. Comprehensive general liability (including, but not limited to explosive hazard, collapse hazard, underground property damage, contractual liability) bodily injury, pemanal injury: $SL~.~'Y~.~t~ $I.000.000.00 each occurrence and aggregate; property damage:..~v..,vvv.vv¢¢nnnc~r~n S 1.000.000.00 each occurrence and aggregate. Sec. 3.4.13. Restrictions for the use and handling of explosives. 3.4.13.5. 3.4.13.5.1. P. 75 I { -' ..... k Wnrds ,,4~nw~-4bF~ a~e deleted, wot'da IlflS;JCZJ~tlG,d aft .~tded. Page 27 Il shall be unlawful for any .n~'son_ to blast, fire. detonate or use any amount of exnlo,:ive within the territorial limits of the county withou~ first obtaining a blasting _~-rrnit as hereinafter provided by thi~ section: provided that in any event it shall be unlawful for any _nerson to bla~. fire, detonate or use any amount of exnlosives which would result in a resultant peak particle veloci _fy in excess of 0.5 inches ~ second when measured on the ~ound at thc nearest building or structur~ not owned by the perrnittee, or at a location identified by the seismologist of record and thc Planning Services Director. or desi_maee. SECTION 3.h: AMENDMENTS TO DEFINITIONS SECTION Division 6.3. Definitions. of Ordinance 91-102, as amended, the Collier County Land Dcvclopmcm Code. is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Antique stores: Establishments engaged in the retail sales of artifacts, collectibles or objecte having special value because of their age. _especially a work of art or handier'afl item that more than 100 years old_ or kee~_ ,~al~es cherished for their age or a.~aeiation with a .r~xrsorl, place, event or time, Pawn shoos: Establishments which are willing to provide loans to customers in exchange for merchandise which is typically held a.s a pledge against the payment of the loan and which engaged in the retail sales of second-hand or used merehandis{, S?gn, director)': An on-premises sign of permanent character indicating thc name of t'.;'e five or more ~ ii:[d.qllZC, lld.~aLbusinesses associated with, or event conducted upon. or products or services offered upon the premises upon which such sign is maintained. This sign may bea free-standing ~pole. monument or ~ound), awning, or wall sign as otherwise permilled by this code. Such signs may have changeable copy. (See division 2.5.) Sign, roc¢ Any sign erected, constructed, or maintained eider on thc roof. of an7 more than 18 inches above the roofi of any building, (See division 2.5) Sig., sc,a//,~r, fitsct..l:zrauca~t: A sign affixed in a manner to any exterior wall of a building or slructure which is parallel to and projects not mor~ than 18 inches from the building or structure wall. and which does not extend ~ more than 18 inches above the rool]ine of the main building or from the point where the roof line intersecLs the parapet wall on whl:~h the sign is located, xD'hichever is more restrictive. ( See division 2.5) Used merchumlise storea: Establishments engaged in the retail sales of second-hand merchandise typically consisting of hounqhold items including clothing, home furnishing. books and musical inslllallr, ll~ SECTION FOUR: CONFI.ICT AND SEVERABILITY In thc 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 oftbe remaining portion. Wotd.~ -.'..--gcc_ :Fc:g;h are deleted, words ~ are added. Page 28 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE Thc provisions of this Ordinance shall become and be made a part of thc Land Development Code of Collier County, Florida. The sections of lhe 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 ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CI.ERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY Words ~ are deleted, words ~ are added. Pal~e 29 A~davit of Publication State of Fkxida *ARTICLE 6, DIV~ ~ I~ITJON~,OF*.*ANT IQU E STORE, iDIRECTORY, SIGN; M3Uq(~ ISI:AND AIRPORT, ZO1 'D~; S(~CTION FOU R, COl .;~y:J:~lon'.who decides to apl:, Ir~CIu~:f~s th~ testimom/ar "-BCC PUbl!c Hearing NOTIC£ O .}CON$1D£RATION/ADOPTION '~~ AMENDING O~DiNANC[ NUMBER 91-102, ~ AM[NOED, THE COLUER ~N~ ~N~D~~[~ ~D[, ~ICH I~UDKS THE ~MPRENENSIV[ ZONING RKGU~T~S ='~[[~NIN~R~T[O ~R~ OF ~IER COUN~ FL~IDA, BY PR~DI~ FOR: SE~ION ~J~~; SE~ION ~O, RNOIN~ OF FA~; ~[CTION THREE, A~ION OF AM~ "~[~O,~HE'~ND'DEVEL~PMK~T ~E, MORE SP[ClFI~LLY AMENDING THE FOLLOWING · ~~~[~L' PR~IS~D~t~- 1.6 IN~RPRETAT~NS ARTtC~ 2t ZONING OIVI- ~~NG DIS~ICT~, P~M~D US~S, ~NO~IO~L U~[S, DIMENS~NAL STAN- b~D~ON 2.4.~~PI~,~D BUFFERING, DIVISION ~.5 SIGNS, DWlS~ 2.6 3~ENTAL D~R~ R~U~T~;A~ICL[ 3, DIVISION 3.2. SUSDIVIS~S, DIVISION 3.4. ~4 '~ICLE 6, D~ [~ 6~. O~INITI~S, INCLUDING, ~T~OT LIM~KD TO THE ~F. TIQUE ST~E ;,:PAWN S~, ~[D MERCHANDISE STORES, R~F SIGN, WALL ~ORY, SIGN; ~PENDIX D, AIE~RT ZONe, BY R[~ Z~I~ M~ B., AIRART, Z~ lNG MAP C:, ~~DES AIR~RT, Z~l~ ~P D., IMMO~LE[ IFL~ AND SEVE~BILI~; SE~ION F~[, INCLUSI~ IN THE ~ND ~ON,SIX~FFE~E DATE. · ~ ~ e~u~ ~ ~ ~bm r~d ~ th~ p~eedin~ Is made, whi~ ~RD OF ~ COMMISSIONERS TIMOTHY L. HAN~, CHAIRMAN ~IGHT E. BR~K. C~RK · : ' "' COLLIe. gq .... a .... ._ ,... .- COUNTY FLOR/DA · ., . . . , ~,' ~'~ ' ";': l 4*lA.; C) 0 0 c- Z 0 ORDINANCE NO. 97- 83 AN ORDINANCE AMENDING ORDINANCE NUFIBER 91-102. AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE.. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COI.LIER COUNTY, F1.ORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION TIIREE, ADOPTION OF AMENDMENTS TO TIlE LAND DEVEI.OPMENT CODE, MORE SPECIFICAI.I.Y AMENDING TIlE FOLI.OWING: ARTICLE I, GENERAl. PROVISIONS, DIVISION 1.6. INTERPRETATIONS; ARTICLE Z, ZONING, DIVISION 2.Z. ZONING DISTRICTS, PERMI'I'I'ED USES, CONDITIONAL USES, DIFIENSIONAi, STANDARDS, DIVISION Z.4. LANDSCAPING AND BUFFERING, DIVISION ~.5. SIGNS; ARTICLE 3, DIVISION 3.Z. SUBDIVISIONS. DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCI.UDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SllOPS, USED ,'*IERCIIANDISE STORES, ROOF SIGN, WALl, SIGN AND DIRE¢'FORV SIGN; APPENDIX D, AIRPORT ZONING. BY REPI,ACING ZONING FlAP B., FIARCO ISI.AND AIRPORT, ZONING ,MAP C.. EVERGLADES AIRPORT, ZONING FlAP D., IMMOKAI.EE AIRPORT; SECTION FOUR. CONFIJCT AND SEVERABILITY; SECTION FIVE, INCI.USION IN TIlE LAND DEVEI.OPMENT CODE; AND SECTION SIX. EFFECTIVE DATE. WiIEREAS. on Ocwl'~.r 30. 19'11. thc Collier County Board of Counly Commissioners adopted Ordinance No 91-1o2. lhc Collier County l,and Development ('ode (hereinafter LDC) . v,'hich has bccn subsequently amended; and WIIERF. AS. thc LD(' ma)' not tx: amcnd~:d more than Iwo hmcs in each calendar vcar pursuant to Section I. 19. I,. LF~'; and WIlEREAS, this is thc ~sccond amendment to thc I,IX', Ordinance 91-102. in Ihis calendar ycar; and WIIEREAS. on March 18. 1~)7. thc Bo;u'd o1' County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amcndin§ thc LDC; and WIIEREAS. all requsrcmcnt~ o£ Rcsolulion 97-1"/7 have been mci; and WltEREAS. thc Board of County Commissioners, in a manner prescribed by law. did hold advcrliscd public hcarings on December 2, 1997 and December 17. 1997. and did lake action concerning thcsc amendments lo thc LDC; and WliEREAS. all applicahlc substanfivc and procedural requirements of thc law have bccn mcL NOW. TltEREFORE BI:, Fr ORDAINED by thc Board of County Commissioners of Collier County. Florida, that: SE(TFION ONE: RECITAI.S Thc foregoing recitals arc truc and correct and incorporated by reference hcrcin as if fully scl forth. SECTION TWO: FINDINGS OF FACT Thc Board of ("ounty Commissiontn3 ol'Collier County, Florida, hereby makes thc following findings of fac~: I. Coll~ Counly, punuant m Sec. 163.3161, ct ll~a., Fla. Stat., thc Florida Local Government Comprehensive Planning and [~and Devclopmenl Regulations Act (hereinafter the ~AcI~). is required to prepare and adopt a Comprehensive Plan. 2. After adoplion of thc Comprehensive Plan, the Act and in particular Sec. 163-3202(!). Fla. Sial.. mandates that Collier County adopl land development regulations that are consistent with and implement thc adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is thc intent of thc Act that the adoption and en£orcernenl by Collier County of land devclopmcnl regulalions for the lolal unincorporated area shall bc based on; be rclaled Io, and Ix: a means of implernenlation for, Ihc adopted Comprehensive Plan as required by thc Act. 4. Sm:. 163.3194~IXbL Fla. Stat.. requires that all land development regulations enacted or amended by Collier County be consistent with thc ~4:lopted Comprehensive Plan, or element or portion thereof, and any I.~nd dc-,'clopment rcgt~latmns existing at thc time of adoption which ate not consistent with the adopted (:omprt'hen.~i¥c ['lan. or clement or portion thereof. ~hall be amended so as Io be consistent. .Sec !()3.3202(3), Fla. Sial.. states that thc Act shall bc construed to encourage the ,,:: of innovative land devclnpmenl regulations. 6. On January I¢). 1989, Collier County adopted thc Collier County Growth .V, anagem~.-nt Plan {hereinafter thc "Growlh ~4anal~ement Plan" ot "GMP") as its Comprehensive Plan pu:'suant to Ihc reqmremc-n~,~ of Sec. Ih34 '~161 ct 3alU Fla. Slat.. anti Rulc (~J-5, F A.C. 7 Sec ]t'~3.3194(IXa), F~a. Sial.. mandaic~ that after a Comprehensive Plan. o, clernenl or portion thereof, h~ b~.¢n adoptcd iff confonnily %~,ith thc Act. all development undcrlaken by, and .~ii actions taken in rcgatd In dcvcl(~pmenl orders by, governmental agencies in regard to land covered by such Comprehensive Plan or clement or porlion thereof ~hall be consistent with such Comprehensive P!an or element or portion thereof. 8. Pursuant to Sm:. 163.3194(3Xa,. Fla. Stat., a development order or land d~velopment regulation shall bc consistent with thc Comprcl'cnsiv¢ Plan if thc land uses, densities or intensities, in thc Comprchensivc Plan and il' ~t meets all olher criteria enumerated by the local government. 9. Section 163.3igad3Xb). Fla. Stat., requires that a development approved ot undertaken by a local government shall be consistent with thc Comprehensive Plan if the land ~ densities or intensities, capacity or ~ize, timing, and olher aspecls of development are compatible with, and further the objectives, policies, land uses, densities or ~nlensities in the Comprehcnsivc Plan and if it meets all other criteria enumerated by thc l(<al govc'mmcni. Wofda ~d,-~l~d~ ~:c deleted, wo~ds gadCZJ,J,13~ are added. 10. On OctoheT ]0. 1991. Collier County adopted thc Collier County Land Dcwclopment Code, which hecamc cfl'cctivc on Novcmher ! 3, 1991 and may he amended twice annually. I 1. CollieT County finds that the Land Development Code is intended and necessary to prescr,'c and enhance thc present advantages that exist in Collier County; encourage thc most appropriate usc of land. water and resources, consistent with thc public interest; oveTcomc present handicaps; and deal effectively with future problems thai may result from thc usc and devclopmcn! of land within thc Iolal unincorporated arc of Collier County and it is intended Ihat this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prtwent thc overcrowding of land and avoid thc undue concentration of population; facilitate the adequatc and cfficient provision of transportation, watcr, sc'weragc schools, parks, recreational facilities, housing, and other requircrncnts and services, conserve, develop, utilize, and protect natural resources within Ibc jurisdiction of CollieT County; and protect human, environmental, social, and economic resources; and maintain through orderly gro,nlh and development, thc character and stability of present and future land uses and development in Collier County. 12. It is thc inten! of thc ~)ard or County Commissioners of Collier County Io implement the Land Dc~cl~nlen! C'ndc in accordance ~ith thc provisions of thc Collier County Comprehensive Plan, Chaplet 125. Flu. Stat.. and ('haplcr 163. Fla .Sial.. and through these amendments to the Code. SECTION TilREE: ADOFI'iON OF AMENDMENTS 'FO Tile LAND DEVELOPMENT CODE SUBSECTION 3. A: AMENDMENTS TO INTERPRETATIONS DIVISION [hvJsmn 1.6 Intcrprclallons, of (J~chnancc 91-102. as amended, the Collier Counly Land Dcvclopnlcm ('~lc. is hcrcby amended Io read as follows: DIVISION !.6. INTERPRETATIONS Sec. 1.6.1. Authority. Thc planning services director shall havc '.he authority to makc all interpretations of the text of this codc, thc boundancs of zoning distri~.ts on thc official zoning atlas, and to make all interpretations of thc text of thc growth n,anagcment plan and the boundaries of land usc districts on the £uturc land usc map. Thc chicfbuilding ol'ficial shall have thc authority to makc all interpretations of the text of this code on mat[ers rclatcd lo thc building code, building permit requirements, building construction ~lministrativc code or building Ix'rrnits. In cases wheTc interpretations of both the building official and planing services director arc requested jointly, any conflict shall bc resolved by the community development and environmental services admimstrator. 1.6.2. Initiation are Mck-d. An intcrprctation may hc rcqucslcd hy any affcctcd person, rcsidcn!, d~.~ cl,,p~.r. :,:.~t ,~ ncr. govcmmcnl agency or dcpatlmcnt, or any person having a conlrac~ual inlcrc,,I ~:~ ;.~;~,] m Collicr Counly. Sec. 1.6.3. Procedure~. 1.6.3.1 Submission of request £or intcrprctation, l'}cfi)re an mtcrp~cta:;,,~ -.~;,~ii bc providcd by thc plannin~ services director, or chic£ building o ~'~q c~,~.i. ~ hichcvcr is applicablc, a rcqucst for intcrpr~ation shall bc submitted t, ~hc p1;mnin~ serviccs dircctor or chicfbuilding official, whichever is applicable. ~ :~ form cstablishcd by him. ^ fcc for ~hc request and processing of thc rcgu~:<t shall b~ cstahlishcd at a rate scl by thc board of county commissioners l'ro~ timc to time and shall bc chargcd to and paid by thc applicant. 1.6.3.2. Dclcrrnination ofcomplctcncss. After a rcquest for mtcrprclah-~ h;~s bccn rcccivcd, lhc pi;inning services director or chicf building offict.~l ~, hichcvcr is applicable, shall dctcrminc whcthcr thc request is complctc. Il' thc planning scrviccs director or chief or building official, whichever is applicable. dctcrmincs Ihat thc rcqucst is not complete, hc shall scrvc a ~'ri~tcn notice on the applicant specifying thc dcficicncics. Thc planning ser,, ices director or chief building official, v, hichcvcr is applicablc, shall takc no further action on rcqucst for intcrprctation until thc dcficicncics arc rcmcdicd. 1632.1. Noldicalion of'afFected prch-',crl) o~.'ncr. Where a ,mc specific interpretation has bccn rcqucsted by a pan)' other than thc afl'cctcd pru~'rL~ o,.,.ncr. ('olhcr County ~hall n~t~ fy thc prol'~.~ly owner that an mtcrprctat~,,n h,~. h..c:~ rcquc'~tOJ conccrmng thcir properly I t~ 3.3. Rcndcrmg of intcrprcla~on. After thc request for Interpretation has hccn dctcrmmcd complctc, thc pl,~ning scr','iccs direclor or chief building ofl',lc~al. ~'h~chcvcr is applicable, shall rcv~cv, and cvaluatc thc rcqucst in light of thc grow ~h management plan. [he future land u.~ map. thc code and ~r ,'~e official /onmg atlas, and budding ccdc rclatcd matters, whichever is applicablt and render ar~ mtcrprctatmn ! hc planmng sc~'~ccs dircctor and the chief but ding ~H'fic~,H may c,msuh ~ ill~ thc county atlomcy and other c,unl.~ ]cp ~mc.~ts bc6)rc rendering an mh.'rprctat~on, Prior to thc re]case h~ thc apph:ant ot'a,ny tnlcrprctati,n, thc ~ntcrprctalion shall bc rcvicwcd by thc county atto,n~cy tor legal form and sufficiency. [ntoprctations made pursuant Io this section shall bc rendered within 45 days of ~,~suancc ora determination of completeness made pur~,uanl to ~cclion i 632 Sec. !.6.4. Form. Thc ~ntcrprctation shall bc in v, ntmg and shall bc sent to thc applicant by certified mail return receipt rcqucstcd. Sec. 1.6.5. Official record. Thc community dcvc[opmcnt and cnvlronmcntal sctx'~ccs administrator shall maintain an official rec-rd of all interpretations rcndcrcd by either thc planning scr~'ices director or chief building official, which shall be available lbr public inspcclion during normal business hours. 1.6.5.1. N:;;ize cf i.'::z:Tr ::.t.;:i;;.-; ,¥ottce ofmlerpretati02;.. Thc community development and environmental services administrator shall prov:de public notification upon the i~suance of an interpretation. [-'or general interpretations of the building code, Growth Mana_t, ement Plan or Land Development Code, notice of the-Gede Words -.:.-_-:~ ".S.-::::;E are deleted, words laal;Ir, zllag~ are added. Page 4 intcrprctation and appeal time-frame shall be advertised in a ncwspapcr of general circulation in the County. For interpretations affecting a specific parcel of land, notice of thc interpretation and appeal time-frame shall be advertised in a nev,'sp:,per of general circulation, and mail notice of thc interpretation shall be sent to all properly owners within 3(~ feet ortho property lines of the land for which the interpretation is effective. 1.615.2. Effective time limit~ of an interpretation. An interpretation rendered by thc planning services director or thc building official, as the case may be. shall remain in effect until thc appropriate code section is mended to clarify the applicable provision or pro,¥isions which warranted the interp, retation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the board of zoning ap.re:als and/or the building board of ad_iustments and ap. peals, by the a.rmlicant or other individual or entity identified in sec. 1.6.2. of this code. From the time the interpretation is rendered and the time the appropriate code section is amended, or in the case of an appeal, until such time aa the board of zoning a..r.meals and/or the building board of ad_iustments and appeals has rendered its findin~ no fmnher request for intcxprctation regarding the same issue shall be permitted_ Sec. 1.6.6. Appeal Io board of zoning appeals or building board ofadjustmcnts and appeals. Within 30 days after receipt by thc applicant or affected properly owner of a written interpretation sent by certified mail return receipt requested by the planning services director or chief building official, or within 30 days of publication of public notice ofinterp, retafion, the applicant, affected pro.t~y owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical code~ a.s shown in division 1.18 or to the board ofzoning appeals for all other matters in this code. For thc pu _rposes of this ~ection. an affected property owner is de£med a~ an owner of property located within 300 fcct of the property lines of the land for which the interpretation is effective. An ag_re'lever or affecled party is defined as any .t~'rson oi group of .tx'rsorm which will suffer an adverse effect to an interest protected or furthered by thc Collier County GrQ~a,h Management Plan. I.and Devekm. merit Code_ or building code(_s~. The al[.~ adverse interest may be shared in common with other member~ of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A ret~ue~t for appeal shall be filed in writing. Such request shall state the basis for the apl~ai and shall include an), pertinent information, exhibits and other backup information in supi:,ort ofth~ A fee for the application and processing of an appeal shall be established at a rate set by thc board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments avd appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning services director or chief building official. whiche','er is applicable, and public testimony in light of the growth management plan, the future land u~ map. the code or the official zoning atlas, or building code related matters, whichever is applicable. Thc board of zomng appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services direclor's or chief building official's interpretation, whichever is applicable, with or without modi fications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planning services director's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the code or the official zoning atlas, or building code, whichever is applicable. SUBSEC'FION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMri'FED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION Word~ ~.h-q~*~te~ are deleted, word~ ~ are a4ded. Division 2.2., Zoning Districts, Permitted Us~s, Conditional Uses, Dimensional Standards, of Ordinance 91-I02, as amcnded, thc Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.12. commercial professional 2.2.12.2. l. Commercial professional district (C-l) and transitional district (C-If T). I0. 11. 12. 13. 14. 15. 16. Permitted Uses. Accounting, auditing and bookkeeping services (8721). Automobile parking (7521). Business ~-rvicea (groups 731 I, 7313, 7322-7331, 7338, 7361, 7371, 7372, 7374-7376, 7379). Child day care servicer (8351). Group care facilities (category I and II, except for homeless shelters); care units except for homeless shelters; nursing homes; assisted living facilities pursuant to s. 400.a02 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4.193 F.A.C. ali subject to Section 2.6.26. Offices for g ,;'ngineering, architectural and surveying servicr, s (group.~ 0781.8711 - 8713). Heahh Sen'ices (8011-8049). Individual and family social services (8322 activity centers, eld,:rly or handicapped; adult day care centers; and day care centers, adu~ and handicapped only). Insurance carriers, agents and brokers (group 631 i-6399, 6411). Legal services (811 I). Management and public relations services (groups 8741-8743. 8748). Miscellaneous personal services (7291). Museums and aa galleries (8412). Nondepository credit institutions (groups 6141-6163). Real estate (group 653 i -654 ! ). Any other commercial u~ or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the opo'ational functions o£ a business, and are purely associated with activities conducted in an office. Wo~ds ~ are dekned, words underlined arc added. Pagt- 6 2.2.12.3. Conditional uses. Thc following uses are permissible as conditional uses ir the commercial professional/transitional district (C-I, C-I/T), subject to the standards and procedures established in division 2.7.4. I. Civic, social and fraternal associations (8641). 2. Depository institutions (groups 601 I-6(Y)9). 3. Educational services (8211-8231 ). 4. ttealth services (8011-8049). 5. l lomeless shelters, as defined by this code. 6. Increased building height to a maximum orS0 feet. 7. Mixed residential and commercial uses subject to the following criteria: A site development plan is approved pursuant to division 3.3 that is designed to protect the character of thc residential uses and of the neighboring lands; bo The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and t~,~e of equipment; The residential uses are designed so that they arc compatible with the commercial uses; d. Residential dwelling units are located above principal uses; Residential and commercial uses do not occupy the same floor of a building; Thc number of residential dwelling units shall be contro,lcd by thc dimensional standards of the C-I, C-I/T district, together with thc specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of tile building or the density permitted under thc growth managcmer.t plan; g. Building height may not exceed two stories; Each rcsidential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; jo A minimum of 30 percent of the mixed use ~levelopment shall be maintained as open space. The following may be used to satisfy lhe 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); Words e~ueh.d~,,,%~ ate deleted, words underlined arc ',u:lded. Page 7 See. 2.2.14 2.2.14.2.1. Thc mixed commercial/residential structure shall bc designed to enhance compatibility of thc commercial and residential uses Ibrough si,ch measures as, but not limited to. minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular acccssways and parking arcas from residential units, to the greatest extent possible. 8. Nursing and personal care facilities (8082). 4..0 9 Rcliglous organizations (8661). 44 ID Soup kitchens, a.s defined by this code. 44 Il. Veterinarian's office (0742), excluding outdoor kcnncling. Commercial intermediate district (C-3) Permitted u.~c.~. Unless othcnvisc provided for in this section, all permitted uses of the C-2 commercial convenience district. 2. Apparcl and accessory stories (groups 5611-5699). 3. Auto and home supply stores (5531 ). Business services ('groups 731 I, 7313, 7322-7338, 7361-7379, 7384. 7389 except auctionecring sen'icc, field warehousing, holtlc labeling, packaging ami labeling, salvaging of damaged merchandise, .*crap steel cutting and sliuing). I!ating places {5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to Iocational requirements of sect/on 2.6.10. 6. Food stores (groups 5411-5499). 7. General merchandise stores (groups 53 11-5399). (;rt,up care facilities (Category I and I1, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 9. [Rescrvcd.] lO. tlomc furniture, furnishing, and equipment stores (groups 5712- 5736). I I. Libraries (8231 ). 12. Marinas (4493), subject to section 2.6.22. 13. Membership organizations (8611-8699). 14. Miscellaneous repair services (groups 7629-7631 ). ............... t--. are deleled, words ~ndetlined are ~-dd,..d. Page lO 17. )~. 19. 20. 21. 22. 23. 24. 25. 2(). %li~,ccllancou.~ retail (groups 5912-5963, except 5992-5999). Museums and art galleries (ILl 12 ). Non-depository credit institutions (groups 6111-6163). Paint, glass and wallpaper stores (5231 ). Pcr.~nai services (groups 7211,7212.7215, 7216 non-industrial dry cleaning only, 7221-725 I, 7291). Public administration (groups 9111-9199, 9229, 931 I, 9411- 9451,9511-9532, 9611-9661). Retail nurseries, lawn and garden supply stores (5261). Veterinary services (groups 0742, 0752 excluding outside kenneling). Videotape rental {7841 ). United Statca Postal Service (4311 except major distribution centers). Any use which was permissiblc under thc prior GRC zoning district and which was lawfully existing pr/or to the adoption of this code. Any other gcncral commercial use which is comparable I~, nature with the foregoing uses including buildings for rctail, serv, ce and office purposes consistent with the permitted uses and purpose and intent statement of the district. 2.2.143 12115,97 ('ondtttotud u.ves. '[he following uses arc permissible as conditional uses in thc c()mn)crc)al mtcnncdiate district (C-3), subject to the standards and procedures csh~bl)shcd in division 2.7.4. Amusements and r,:creation services (groups 791 I, 7922 community theaters only, 7933, 7991,7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of b,:ach chairs and accessories only). Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-prem:se consumption are subject to the Iocational requirements of section 2.6.10. Y } tomeless shelters, as defined by this codc. 4. }{ospitals (groups 8062-8069). 5. Justice, public order and safety (groups 9211-9224). o. Social services (8322-8399). Woed~ ,,~f~,~ ',4~-~rgh are deteted, words ~ are added. Mixed residential and commercial uses, subject lo thc following criteria: A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; The commercial uses in thc development may be limited in hours of operation, size of delivery trucks, and type of equipment; Thc residential uses are designed so that they are compatible with the commercial uses: do Residential dwelling units arc located above principal uses; Residential and commercial uses do not occupy the same floor ora building; Thc number of residential dwelling units shall be controlled by thc dimensional standards of thc C-3 district, together with the speci tic requirement that in no instance shall the residential uses exceed 50 percent of thc gross floor area of the building or the density permitted under thc growth management plan; g, Bt, ilding hcight may not cxcccd two stories; ho Each residential dwelling unit shall contain thc following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; A minimum of 30 percent of thc 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); ko Thc 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 tl,e greatest extent possible. 8. Motion picture theaters, except drive-in (7832). Words '-'..".:ok :.¥.='.:gh arc deleted, word~ underlined arc added. Page I0 Sec. 2.2.15. 2.2.15.2.1. 12/I 5~97 Permitted usc with less than 700 square feet gross floor arca in the principle structure. I 0. Soup kitchens, as defined by this code. Vocational Schools (8243-8299). General commercial district (C4). Permitted uses. Unless other~,'ise provided for in this code, all permitted uses in the C-3 commercial intermediate district. Agricultural ser~'ices (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services, indoor (groups 7911-7941, 7991- 7993. 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in Section 2.6.28, 3571, 5599 new ','chicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting rc,:idcntial zoning districts shall be subject to the following criteria: ao .¥ize of vehicles. Cay, rashes dcsigned to serve vehicles exceeding a capacity rating of one ton shall not bc allowed. b. Minimum .vardv. 1. Fron! yard setback: 50 feet. Side yard setback: 40 feet. 3. Rear yard.,etback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot linc 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. Words .~rv~.~g~ are deleted, words ~ are added. Page I1 1 2/I 5,97 10. 11. 12. 13. 14. 15. 16. 17. ,ltcmtcctural theme along each building facade. Noise. A cam'ash shall be subject m Ordinance No. 90-17. ('oilier County Noise Control Ordinance (Code ch. 54. art. [V]. Wa.~hing and polL~hing. 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 thc building, but may not be located in any required yard area. I/ours of operation. Carwashcs abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auctionccfing, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (2752, excluding newspapers). Communications (groups 4812-4841) including communications ~w, vcrs up to specified height, subject lo section 2.6.35. Eating and drinking establishments (5812, 5813) cxcluding bottle clubs. All establishments engaged in the retail sale of alcoholic t'evcrages for on-premise consumption are subject to thc Iocational requirements of section 2.6.10. Engineering, accounting, research, management and related s,:rviccs (groups 8711-8748). Glass and glazing work (1793). Group care facilities (category ! and Il, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to s. 400.402 F,S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4.193 F.A.C. all subject to Section 2.6.26. t lcalth Services fGroups 8051-8059, 8062-8069. 8071-8072 and 8092- 8(;')9 I. ltotcls and ~notels (groups 7011, 7021, 7041 v,'hcn located within an activity center). Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lightcrage, mar/ne salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning :md repair, blacksmith shops, catchbasin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery Words -arueg-.~-~ are deleted, wor~ ~ are added. Page 12 Sec. 2.2.16. 2.2.16.2.1 clcaning, repair of scrvicc station equipment, boilcr cleaning, tinsmithing, tractor repair), 18. Misccltaneou.,; retail (groups 5912-5963, 5992-5999). 19. Motion picture theaters (7832). 20. Public or private parks and playgrounds. 21. Pcr~nal services (groups 7215, 7217, 72!9 7261 ~ except crematorics, 7291-7299). 22. Real estate (group 6512). 23. Social services (groups 8322-8399, cxccpt for homclcss shcltcrs and ~up kitchens). 24. [Rcscrvcd.] 25. Vocational schools (groups 8243-8299). 26. Any other general commercial use which is comparable in qature with the foregoing uses including buildings for retail, servio, and office purposes consistent with thc permitted uses and intent and purpose statement or Ihe district. Industrial district (I). Pcrmilted Uses o 8. 9. I0. Agr/cultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum orS00 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or withou! fertilizing) shall be a minimum orS00 feet from a residential zoning district, 0722-0724, 0761,0781~,, 0783). Apparel and other finished products (groups 2311-2399). Automotive repair, service, and parking (groups 7513-7549). Building construction (groups 152 I- 1542). Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389. including auction moms (5999), subject to parking and landscaping for retail use). Communications (groups 4812-4899 including communications towers up to specified heights, subject to section 2.6.35}. Constn.~clion-special trade contractors (groups 1711 - 1799). Depository and nondepository institutions (groups 6011-6163). Eating places (5812). Educational services (8243-8249). Words -.;.--,::~ :~r=-;g.t; art deleted, words ilg.{,]r. IlJll~ are :'dded. I I. Elcclronic and olhcr electrical cquipmcnt (groups 3612-3699). 12. F. nginccrin$, accounling, rcscarch, managcmcnl and related services (groups 8711-8748). 13. Fabricated metal products (groups 3411-3479, 3491-3499). 14. Food and kindred products (groups 2011-2099 except slaughtering plants). 15. Furniture and fixtures (groups 2511-2599). 16. Heavy construction (groups 1611-1629). 17. tlealth services (801 i accessory to industrial activities condu,:ted on-s~:c only). 18. Industrial and commercial machinery and computer equipment 1351 I - 3599). 19. Leather and leather products (groups 3 ! 31-3199). 20. Local and suburban transit (groups 4111-4173). 2 I. Lumbcr and wood products (groups 2426. 2431.2499). 22. Mc~uring, analyy, ing, and controlling instrumcnts; photographic, medical and optical goods; watches and clocks (groups 3812-3873). 23. Membership organixations (groups 861 I, 8631 ). 24. Miscellaneous manufacturing industries (groups 3911-3999). 25. Motor frc|ght transportation and warehousing (groups 4212, 4213-4225, 4226 cxccpt oil and gas storage, and petroleum and chemical bulk stalions). 26. Paper and allied products (2621-2679). 27. Personal services (groups 7211-724-~.~i. 7291). 28. Physical fitness facilities (7991). 29. Printing, publishing and allied industries (groups 27l 1-2796). 30. Railroad transportation (401 l, 4013). 3 I. Rubber and miscellaneous plastics products (groups 302 I, 3052, 3053). 32. Stone, clay, glass, and concrete products (groups 3221,3251, 3253, 3255-3273, 3275, 328 I). 33. Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 2297, 2298). 34. Transportation equipment (groups 3714, 3716, 3731,3732, 3751,3761, 3764, 3769, 3792, 3799). Word~ ~..._.::u_ II~q~h are deleted, words lalld~dia~ are 35. 36. 37. 38. 39. 40. 41. Transportation by air (groups 4512-4581 except airporls and flying fields). Transportation services (groups 4731-4783, 4789 except stockyards). United States Postal Service (4311 ). Welding repair (7692). W'holcsale trade-durable goods (groups 5012-5014, 5021-5049, 5063- 5092. 5094-5099). Wholesale trade-nondurable goods (groups 51 I 1-5159, 518 I, 5182, 5191 except that wholesale distribution of chemicals, fcrHl:zcrs, insecticides, and pesticides shall be a minimum orS00 feet fi'om a residential zoning district (5192-5199). Any other use which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statem,.'mt of the district. Sec. 2.2.23. 2.2.23.2.1. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. PrimaO, ;.one. An area longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for thc most precise approach existing or planned for either end of the runway. The widlh of each prima,-')' zone is as follows: Irr~l, alee 2.2.23.2.2 PRIMARY ZONE WlDTII (FEET) ~,~n.,, ~ Type W~dlh ~' ~-l' ,[ ! 4-2~-2~ (~her ~han ul:hly/~cc~smn Ins~ru~n~ 7- t~ 9-27 ~het Ihan ~./6 4- 22 I Jt~ ht y/~s~l 250 Primary zone height. No structurc or obstruction will be pcrmitted within thc primary zone that is not part ofthe landing and takeoff area and is of greater height than the nearest point on thc runway ccnterline. IIorizontul zone. Thc area around each public usc airport with an outer boundary, the perimeter of which is constructed by swinging areas of spcci fled radii from thc center of each end of the primary zone of each airport's runways ami connecting the adjacent arcs by lines tangent to those arcs. Thc radius of each arc is as follows: IIORIZONTAL ZONE RADIUS (FEE'F) Words ~i~,,~4~ art' deleted. ~o~ds ~ ~rc t Jdcd. Id,md F.v~rldar~ 2.2.23.2.3. Horizontal zone heigfit. No structure or obstruction will bc p,=cmittcd in thc horizontal zone that has a height greater than 150 feet above :he airport height, unless a Federal Aviation Administration Determination ~£ No Ha.Tard To Air Navigalion has been issued. Conical zone. The area extending outward from thc periphery of thc horizontal zone for a distance of 4,0(3') feet. ('omcal :one height, licit'fit limitations for structures in thc conical zone are 150 feet above airport height al lhe inner boundary with pcrmiued height increa.sing one foot vertically for every 20 feet of hori,'ontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. ,4ppr,xtch zone. An area longitudinally c~ntcrcd on the extended runway ccntcrline and extending outward from each end of thc primary surface. An appr.ach zone is designated for each runway b~cd upon thc typc of approach av:filahlc or planned for that runway end. Approach zone ,tdth. ]'he inner cdgc of thc approach zone is thc samc wuhh as thc primary zone. Thc outer width of thc approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to thc following widths: APPROACI[ ?'ONE WIDTH {FEET} LI.I 14.:12 (.~ho' Ihan uldl~V,'non ~ccl~ion In~ru~nl 7- t 5 ~ ~g Ug~*l~ty/n~-~s~ ms~ru~nl 5- I ~ I;ld..'/s ~s~l 1.250 1.22 [hd,y'~ ~*ual 1,250 Approach zone lengths. Thc approach zone extends for thc applicable horizontal distance as follows: W,nds ,,a~..-¢. k '~' ........ ...... ~,,,~- ar.:' rick'lcd, ssorch ~ are :.:tried. Approach zone height. Permitted height limitation within thc approach ;,one shall not exce¢-d thc runway end height at thc inner edge and incrca.ses uniformly with horizontal distance outward from thc inner edge as follows: N,~ptel E,,, et glades Irrsm(;,k alcc 2.2.23.7, APPROACJ! ZONE tIEIGHT Runway Type ~'k.qh }lcight 11-,~,~ L't'J2 ~ th~ msl~ty/~-~i~ m~m~t 34: I 4) ~ ~ unhly/non-~ccm~ instm~nl 34 I 32~ ~ lh~ ulilily/~isi~ ~slm~nt 50:1/40. I 1705 ~ ~dt~tn~-~cc~s~ mslm~t 20.1 I 5-3 ) L~m)~Iy/¥iJ~l 2(X I 4.22 I;lflffy/s ~mal 20 I /'recision instrument runway(s). One foot vertically for every 50 feet horizontally for thc first 10,000 feet increasing to one foot vzrtically lbr every 40 feet horizontally for additional 40,000 Feet. Non.precision tnstr~tment runways. One foot vcnically for ever 34 feet horizontally. 3. Visual runwuvs. One foot verlically for every 20 feet horizontally. E_~em?Uon.s. _ ..Development of the Marco Shore~ Golf Course Community that comports with the location and height r~uirements of Ordinance 81- 6. · s amtmded y Ordinate 85 - 56 and Ordinance 94 - 41. is exempted /mm thc.vzgy.:~ml,'i_o.f_5.~ion 2.2.23.2. By vi~uc of the follo~y, ing: 'A'(nds ,,4a~d~*e,~eh arc deleted, words ~ arc added. Page 17 1~15~7 l~.2~[Lghg/alglllgllt between Johnson Bay Development Com. oratiom Collier County .A ir po. rt Authority. and the Board of County C. xmxmi~0j~~gust 8. 1995. ii. Pr~r ilauma~.~: of a Federal Aviation Administration Determination O£ No lizard To Air Navigation SUBSECTION 3.C: AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as Collier County Land Development Code, is hereby amended to read as follows: ar,~ended, the DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development pi,m, or building permit, an applicant whe-.c development is covered by thc requirements of this section shall submit a landscape plan to the devclopment services director. The landscape plan shall I~ff~'~r~v,d bear the seal ora Landscape Architect registered in the State of Florida-,, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan. This plan is not required to I~p~y ~ bear the seal ora landscape architect. SUBSECTION 3.D: AMENDMENTS TO SIGNS DIVISION Division 2.5., Signs. of O~'dinance 91.102, as amended, the Collier County Land Development Code, is hereby amended to read a.s follows DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.2. Signs within non-residential districts: 2.5.5.2. I. Dcvcl.pmcnt standards. Maximum allowable height. All signs within non-residential zoncd districts anti as applicable to non-residential designated portions of PUD zoned properties ar:: limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for within this section. Iteight shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. Minimum setback. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 2.1.13. Words ~ :~rc.:,.~ arc delete& words ~ are ad(led. Page I S 12/I 5,"/7 2.5.5.2.;2. Real estate signs: The following signs classified ns real estate signs shall be permitted in non residential districts subject to thc Following: One ground or wall "For Sale," "For Rent," or similar sign witl', a maximum area of:we _foursquare feet in size per street frontage k,, each parcel, or lot less than one acre in size. (No building permit required.) One ground or wall "For Sale," "For Rent," or similar sign, v.,ith a maximum 32 square fcc', in size, per street frontage for each parcel, or lot one to ten acres in size. ('No building permit required.) ()nc ground or wall "For Sale," "For Rent," or similar sign, with i, maximum of 64 square feet in size, per street frontage for each parcel or lot in excess often acres in size. Real estate signs shall not be located closer than 1 $ feet from any propcn, y line. In thc case of undeveloped parcels where the existing vcgetatinn may not allow the location of thc sign 15 feet from thc property line, thc planning services director may allow a reduction in the amount of thc required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. Real estate signs shall bc removed when an applicable temporary usc permit ha~ expired, or within seven days of any of thc following conditions: ownership has changed; or, thc property is no longer for sale. real or lea.se. A sign advertising that a properly ha~ been sold or leased shall not be displayed for more than 30 days after it is erected. Con.,tr~wtion signs. Ail sups)tls for such signs shall bc securely built. constructed, and erected and shall be located on the site under construction and no clo~er than 15 feet from any properly line, and subject to thc following: One ground or ',,,'all sign. with a maximum of 12 square feet. may bc used as a construction sign by the general contractor of the d~'clopment or as a permit board, within each front yard for c.',ch parcel less than one ;~crc in si/c. INo building permit rcquircd.~ One ground or wall sign. w~th a maximum of 32 square bt' used as a construction sign by thc general contr~tor of thc development or as a permit board, within each front .,, :,~'d for e~h pz.,"c.:l one to ten acre in si?e. INo building pen-nit rcquirtxt One ground or ~,'all sign. with a maximum of 6~ .,,qua,re feet m s~ze. mas' be used as a construction sign by the general comractor of the dcvclopmen! or as a pcrmil board, within e~ch front .'.~d for e-'ach p,.xrcel m excess of I0 acres in size. ()nc ground or v, all sign. ~,'ith a maximum of 4 ~ua~e ft"et m size. ma)' he used as a construction sign by each contractor. Ice, ding restitution, or other similar company involved with the dcvclopmem, regardless of ?arccl size. (NPR) All construction signs must bc removed prior to the issuance of certificate of occupancy. arc delete(l, ',~ord~, ~;ndcdl. lKd ;arc a~hic,l 2.5.5.2.3~. 2.5.5.2.3~.1. On-prcmi.~c signs. On-premise pole signs, ground signs, projecting signs. ,.','all signs, and mansard signs shall be allowed in all non:rcsidcnlially zoned districts subject to thc rcslrictions below: I'oh, or grouml sign.t. Single-occupancy parcels, shopping centers, offize complexes. I',usincss parks, or industrial parks having Frontage of 150 feet or more on a public street, or combined public street frontage of 220 lit, car feet or more for comer lots, shall be permitted one pole or two ground sign.-,. In addition, multiple occupancy parcels such as shopping centers, office complexes, busincss parks, or industrial parks containing 25,000 square :'cot or more n f gross leasable floor area. and eight or more independent busincs ~cs ,,,,'iii be permitted one directory sign with a maximum size of 250 square feel l'or a single entrance on each public street. Maximttm alloy, able sign area: I(X.~ square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two grot,nd signs, except fi~r approved dircclory signs. Sctbacks: 15 feel from any property line, public or private right-of-way, or casement, unless otherwise noted below or as provided for in section 2. I. 13.. and with the exception of directory signs v,'hich may be located v,'iWin thc medians of private streets or casements, provided that there is a minimum ora 15.foot .setback from all project boundaries and public right.of-ways and casements, and their location presents no visual obstructions, or traffic hazards to motorists or pcdcslrians, unless ~lhcrwisc noted below or as provided For in section 2.1.13. 'lhc 15-fo, of setback requirement may be administratively reduced by a maximum often feet by thc planning services director upon submission of thc administrative variance fcc and a written rcqucst. The planning scr,.'iccs director's decision to reduce the required 15-foot setback shall be based on the fifllowing: Where it can be demonstrated that within thc adjacent right-of- way thc area between thc property linc and the edge of pavement ~s excessively wide and lhat thc aclual paved area is unlikely to be widened to thc extent that reduction in the rcquircd setback will result in the sign being any closer than 30 feet to the edge of pavement; Where duc to thc existing site conditions and improvements, it can bc demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of thc site from the perspective of vehicular parking and ,.'chicular and pedestrian ingress and egress; c) Where due t,', thc natuTe and location of existing landscape features and/or specimen trees, it would bc prudent to allow For a reduction in the required setback so as to most appropriately locate thc sign structure: or, d) The extent of thc reduction is the minimum amount necessary to provide relief from thc applicable conditions cited above. 5,1aximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.~3..I., which may be 25 feet in height. I teight shall measure from the lowest centerline grade of the nearest Words ,,a.,-.:~:t ;.h:'::::gh arc deleted, words underlined are a,tded. public or private right-of-way or easement to the uppermost po,lion of sign str~ctur¢. 'Fhc maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-t~,pe construction with not more than one display on each facing, and such sign structure shall be considered as one sign. Spot or floodlights shall bc permitted only where such spot or floodlight is non:revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.3:J.2. Pole or ground signs within regional shopping centers. One pole or ground sign is permitted for each regional shopping center having a frontage of 150 feet or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum ora 1,000- foot separation between such signs, and all setback requirements arc met. In no case shall thc number of pole or ground signs exceed two per street frontage. Additionally, one directory sign with a maximum size of 250 square feet will be permitted for a single entrance on each public street. 1 Maxirnum allowable sign area: 100 square feet for each pole or g,'ound signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. Setbacks: 15 feet from any property line, public or private right-ol:way, or ca.scment, with thc exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum ofa 15-foot setback from all project boundarics and public rights-of-way and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. Thc 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. Where thc planning services director approves such a reduction, the height of thc sign shall be reduced by an amount equal to the amount of variance being requested. The planning services director's decision to reduce the required 15-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent fight-of- way thc area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback Wmd,~ ~.~r;ve~ :.~eh art deleted, words underlineql are rdded. 2.5.5.2.3~.3. will rcsuh in thc sign being any closer than 30 fcct to :he cdgc of pavement; b) Where duc to the existing site conditions and improvements, it c;m be dcnmnstratcd that adherence lc) tile required 15-fo,)t setback ,,,,'ill have a dclcterious cf feet on thc safety o f user'.: of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) Thc extent of thc reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.-3aa.2., which may be 25 feet in height. }{eight shall measure from the lowest centerlinc grade of thc nearest public or private right-of-way or easement to the uppermost portion of Ihe sign structure. Thc maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than onc display on each facing, and such sign structure shall be considered as one sign. Spot or floodlights shall bc permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any fight-of-way. Wall. mansard, canopy or awning signx. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of, way, shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined ama on one wall. in addition, outparccls within shopping centers may by allowed one additional wall sign facing the shopping center if the additional sign is not oriented towards any public fight-of, way. Retail businesses with a floor area of larger than 15.000 r,,quar,z feet and a front wall length of more than 200 linear feet, arc allowed three v. all signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. Thc maximum allov.'ablc display area for signs shall not be more than 20 percent of the total 'equate footage of the visual facade of thc building to which the sign will be attached and shall not, in any case, exceed 250 square fcct in area for any sign. 2.5.5~2.~a l'roiccnt~g stgns. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square fcct of display area. Projecting signs shall not project more than four feet from the building '.,.'all to which it is attached. arc deleted, words underlined arc a tried. Page 22 2.5.5.2.~ 5. 2.5.5.2.-3,j.6. 2.5.5.2.~.7. 2.5.52.~.8. Projecting signs shall not extend above thc rooflinc of thc buildb~g to which it is attached. 3. I'rojccting signs shall not project into thc public right-of-way. Projecting signs which project over any pedestrian way shall bc elevated to a minimum height of eight feet above such pedestrian way. Undcr-tanopy signs. In -,Kldition to ~y other sign allowed by this code, one under-c;mopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six .square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. Accent lighting. In addition to any other sign allowed by this code, accent lighting may be allowed subject to the following requirements: No more than two tubes or strands of continuous accent lighting will be allowed per wall ora structure. Acccnt lighting cannot exceed one and one-half inch in diameter per tube or strand, and shall not be used to outline doors and windows, or attached to columns and vertical comers of struclures. Accent lighting must have thc approval of thc community development services administrator or his designee except as prohibited in section 2.5.7 of this co~le. Installation of accent lighting shall require a building pcTm il. Accent lighting must comply with the Collier County current electrical code and must be installed by a licensed electrical sign contractor to an approved electrical ~urce. Sigt~.~ ss.tthin phtnned unit developments (PUDs). Pursuant to the purpose and intent ~fthis division, creative, flexible and uniform comprehensive sign plans pr~v~ding fi~r size. location, t)'pc, and common architectural design standards, arc encouraged within all PUD z~ming districts, and specifically required for l't;i)s conta~n~g in a commercial component. Sign classes and sizes for pl:~nncd unit developments should be the same as the standards found within ~h~s c,,dc fi~r thc zoning district thc development most closely resembles, unless such planned unit developments have comprehensive sign standards contained m thc PUl) document. Fht~.s Residential propcrlics that have bccn issued a ccrti ficatc of occupancy may display up lo three non-commercial flags. Three non-commercial flags may be displayed at thc entrance of a commercial, ol-ficc, industrial or residential development. Where these developments have multiple entrances, any entrance may ha¥c up to three flags each, provided: the development is at least ten acres in size. any entrance with flags is providing ingress/egress only offa roadway that ss designated a collector or arterial in the traffic element of thc growth management plan. and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags arc not visible to motorists along any frontage roadways. Thc four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by thc planning services director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the planning services director W~,rd~; -.;~.~'k :.~:::~:i~k are deleted. ~..orcls ~ are added. [,~lgc 23 determines that thc display of thc extra flags is csscntial 1o thc thcmc and design o£ thc development. All flagpoles with a hcight in cxccss of 15 fcct abovc finish grade o, that cxlcnd more than ten feet from any building that they are attached Po shall be subject to thc building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles arc located ~t a distance exceeding their height plus five feet from all slructurcs (except those designed solely for storage), property boundaries, utility lines and poles, and pcdcstriardvehicular accessways and roadways open It) the general public or the residents of that community. On single-family or duplex lots flagpoles shall not exceed -2 3.0 fcc: in height above ¢m~,h finished grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the fi~ grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed ~- 35 feet in height above finish finished grade. got-,~~~,~agi',o!~ shall nc: exc,,--~ 25 ~t,44'~n~sh grade er extend ,m, or~ :hah 29 f~', from any b,~,qng :e w,h.k~'F, ey are, at:achM. In all other zoning districts. flagpoles shall not exceed gO 50 feet in height from the fi,ished grade. nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30% of thc length of the ~le to which it is affixed. Temporao' si,~'ns. Thc oration of any temporary sign shall require permitting as established within ~ction 2.6.33 unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fcc established for said permit. Temporary signs shall be allowed subject to thc rcstrictions imposed by this scclion and other relevant paris of this code. 2.5.5.2..1~.9. I. I'ohttctd.~tgn.~. Polilical campaign signs and posters shall bc permitted subject to thc foll,)wing requirements: Prior t~) thc erection, installing, placing, or displaying ora political sign a bulk temporary permit shall be obtained. Thc permit number shall appear on every sign or on the pole supporling thc sign. Thc fcc for said bulk permit shall be as adopted by resolution by the board of county commissioners. Political campaign signs or posters within residentially zoned or used propcr~y shall not exceed four square feet in size. and shall not be located closer than five feel to any property line. Political signs placed within rcsidcmial districts shall require written permission from the property owner. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign. and shall bc located no closer than 15 feet to any properly line. Thc number of such signs shall be limited lo two signs for each lot or parcel per bulk permit issued for each candidate or issue. V,'t~rd,~ ~,~ :~a:,,~h ar.-' &bled. words underlined are [)age 24 All supporls shall bc sccurcly built, constructed and crcctcd to conform ..,.'ilh thc requirements of this code. Thc maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. Political signs shall be erected not more than 60 calendar days prior to an election or political event, and shall be removed within seven calendar days after thc election, event, or after the campaign issue has been decided. 2.5,5,2.-3fi.9.2. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Thc banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5,5.2,,-1~a,9.3. ,5'p¢cwl events sign~. A special cvcnts sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 15 feet to any property linc. Such signs shall require a building permit. .$'pt,cial purpose signs (on-site). Duc to the unique and varied nature of thc following uses, additional signs may be required to provide the desired level of sen'ice to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.3-~. 10. 1. l'h,'alcr .stgn.~ {on.~ite). In addition to thc signs otherwise permitted by this co{lc, a theater shall be permitted a changcahle message sign, thc surface of ,ahich shall not excccd 1(~.~ square feet in area. Such sign shall require a building permit. 1{I.2. ,,haomohtle service stations. In addition to thc signs otherwise permitted by this code, automobile sen'ice stations shall bc pcrmdtcd one changeable message ~ign not to exceed ten square feet in area for thc purpose of displaying gasoline prices only. Such sign shall be affixed to thc structure ora pole on thc property. Such sign shall require a building permit. 2.5.5.2.3-J 1~1.3. l)mc ami temperature .~igns. Onc time and temperature sign having a surface area m~t exceeding I 8 square feet shall bc permitted al. each industrial. commercial or other nero-residentially/oned property. Such signs may be affi~ cd lo the structure ora pole or ground sign. Such sign shall require a buihlmg pcrnfit. 2.5.5.2.34.10.4. £'ommcrcial. husmeas park and industrial directional or identification Stl;nS. Dirc<.tional or identification signs no greater than six square feet in size, and Iocaled internal to the subdivision or development, may be allowed subject to thc approval of thc community development and environmental services administrator, or his designee. Such sign shall only bc used to identify thc Iocati{m or direction of approved uses such as sales centers, information centers. or Ibc individual components of the development, directional or identification signs maintaining ~, common architectural theme maybe combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along thc Golden Gate Parkway, ,ee division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. Word'~ ,.*,ru~k :Em,:gh are deleted, w,rds ~ are' added. ['age 25 12/I , ,"17 2.5.5.2.3.4. I I. O, -premi.~c si~n,* within agricuhural districts. On-premises signs shall bc pcmlittcd wifl~in agriculturally zoned or used properly, for agri-commc~cial uses defined within thc Colher County zoning ordinance only, and subject Io thc fi~lhr, ving rcstriclions: 2.5.5.2.~.J I.I · ()nc pole or ground sign identifying thc I'arm organization, located at thc entrance or gate of each street I'rontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 1 ¢~'.} .square feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or casement. 2.5.5.2.3:t. 11,2..¥easonalfi~rm signs (on-site). One tcmporao' pole or ground sign identifying thc farm. farm organization, entrance, or gate not exceeding 40 square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exfxmation of crops to various parts of the county. Such signs shall be permitted for a perio, d not to exceed 30 days and may bc issued only r, vice in any calendar year. Such signs shall require a building permit. 2.5.5.2.3-3.11.3. U-Pie signs. One U-Pie sign located at thc entrance er &,'~e of cach strcct frontage. The maximum allowable sign area for each U-Pie sign shall not exceed 32 square feel and shall be located a minimum of 15 feet from any property line. public or private fight-of-way or easement. 2.5.5.2..!,:1,11,4. Wull. mansard canopy or awning sign.~ within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within thc Collier County 7oning ordinance only. and subject to the following restrictions: ()nc wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Comer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not bc more than 2{1 percent of£he total square foolagc of the wall to v.'hich it is affixed, and shall nol in any case exceed 250 square feet in area per sign. ()f/./~rt'nH.,ic~ du'ccttonal.~tgnx. Off-premises directional signs arc pcmfittcd qubjecl Io review ami approval of the design and location of such signs by the c,mmunily development and environmental services administrator, or his designee, if Ibc fifllov,'ing retirements ;irc mci: ()fl-premises dircclional signs shall only be pcmfillcd in non- residentially zoned, or agricultural districts. No more than tv.'o off-premise directional signs shall bc pertained. identifying ~hc location and nature ora building, structure, or usc which is not visible from !he arterial roadway serving such building, structure. or uses, provided: Each sign is not more than 12 square fcct in area with a single- faced display area nnly. Double-faced signs shall not be pcm~ittcd. Thc sign is not more than eight feet in height above thc lowest comer grade of thc arterial roadway. 3. The sign is located no closer than 15 feet to any property line. W,,rd., ..~.~w&~h,a~g~ a:e delcwd. ,.,.'ord.~ ~IO~:LIIB.~ are added. Page 26 2.5.5.2.3d,. 13. q3~c applicanl must submit with thc permit application notarizcd. written permission from thc propcrty ~'ncr where the oil-site sign is hx:atcd. 'thc sign shall only be located within 1,000 feet of thc intersection of thc arlcrial roadway serving thc building. structt,rc, or usc. ()ff-prcnuscs directional signs shall not bc located closer than 50 feet from a residentially zoned district. Off-prcmiscs directional signs shall not be located closer than feet From another off-premises directional sign. Illuminated.,i£n.,. All illuminated signs shall have electrical components, connections, and installations that conform to !he National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manncr as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties: not be reflective ur phm, phorcsccnt: have a steady nonfluctuating or nonundulating light source. Sec. 2.5.10. Continuation of nonconformlnll signs. 2.5.10.3. A non-conforming permanent on-premises or off-premises sign shall not bc replaced by another non-conforming sign except that substitution or interchange of letters, p.o~e~pan:?,, e.,"sl.T~;,nted-beard~ or d:,s.moum~,!e material on non- con fi~rming signs shall be permitted through thc period of non-conformity cstabli~hcd by this code. SUBSEC-FION3.E: AMENDMENTS TO SUBDIVISIONS DIVISION l)i','mon 3.2.. Subdivisions, of Ordinance 91-I02. as amended, thc Collier County Land Dcvcloprncnl ('odc. is hcrchv amended Io rcad as follov,'s: I)IVISION 3.2 SUBDIVISIONS* Sec. 3.2.8 Improvement plan,~. 3.2.8.4.1 6. Strcct,, /'avcmcnt Jam?Icj: Thc developer shall provide core samples of both tt~:_ha3c com'g_am~urfgtcc course of thc complelcd public and private raadwaYJ-P-nor to L, rcliminau aplx~val. Thc core samples shall be taken at a maxiraum_af_~rY) feet intervals and arrangements shall be made to immediately replace the areas so removed with materials and construction to conform to_the spc.cifications and to thc linc and grade of ;h~~9.~dings' pavement surface. The core samples shah bc tal~en by an__ag, proved testing laborato.12f_aaddor professional cng.ill, qcl and cr, llificd as to location taken and thickness n.l~asurcd. ~ toley, ixnce of !4 inch for_.,uavcmc~surfacc and V~ inch for basc cour..s..c may bc ~cepted. Any deviations more than Lkc.~c tolerances will result in withhokLing prel. imina~~nfil such time that thc pavement Words ~-k*k~,~,~ k art' tlcleted, words, ll,l:ll~L[JJ, lfdt are ~,ddcd. P~ge 27 12.1~, 3.2,8.a.22. H'alcr management. Il. Plans and specifications. The master drainage plan shall include the drainage plans and details for ali Iota. ,t ,.-:.-, t~, &-ainage '~-'-:' .... ~' .... ~ cH ~ The master drainage plan shall show proposed finished grade elevations at all lot comers and breaks in grade. The engineer shall State on the water management calculations the basis for ,,,,'ct season water table selection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their re~aormibility to maintain the system. SUBSECTION 3.F: AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4.. Explosives, of Ordinance 91-102, as amended, thc Collier County Land Dcvclopmcnl Code, is hereby amended to read as follows: DIVISION 3.4 EXPLOSIVES* Sec. 3.4.7.Permit application review procedures. 3.4.7.1.3. P~;' L~ "-'~"':~ Ar ;gFD.:~;'~. '~' '~'~ r .......... t.~.. · · Pre-Blare irmae, ctiorvl L Prior to detonation of explosives a list of all pre-blast in.spccfions performed shall be provided to Engineering Plan Review and ~on S~cea. Pre-blast insy~gctions are required for ,ItruCdalLll~[_one of the following conditions has been satisfied: ~.tl:LC_algU.c~ture is within a distance of 150 feet times the :ill. mlLt_.llZ~ot of thc charge away from thc blast_ az illustrated by the following forglul~ D= 150 x W 7: (Where '"D" equals thc dialaac, g_ia..f~ ~_ "W" equals thc weight of tlm.c&;~i~l~m~ds of ~:&i~losives .mr dclay.~ If thc structure is within 300 feet of the blast pcrrnitted 2. pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, stn~ural engineer, or their representative. ~he pre-blast survey inspection shall consist of gomplete documentation of all visible interior and exterior defects obsepeed at the structure. Tl'.e inspection documentation flqtall be prepaced on 8 % x ll or 8 ¼ x 14 sheet(s) of paper. The date of the irmp~tion must be indicated on the documentation. Word,~ ,~t~,~-~ arc deleted, words ~ ate added. Pag: 28 1 2;I 3.4.7.1.4. Lalcrior and/or exterior 35 mm photo~aphs of the st~cture and ill~Url~llilll~s containing defects must be idcntifiablc ,~s to thc L~ ariel, and~llalgAak~ list.9.1'_011 pre-blast surYeys shull be received by Emz;.atr..fi.ag lLLiln P,c~icw and Inspection Services no later than five {53 days l~rior to the planned commencement of blasting. A location map i. rldicatirlg the streets and structures involved shall be submitted L '~hc applicant shall notify residents who have not received a pre- l/[,7~5i.i~llcction of the pending blast at least five ($1 days prior to thc commencement of the initial bl~t. Notification shall be distributed to all properties containinu ~tructures within a radius calculated for a scaled distance of 150 Ibc written notification shall dcscribc thc blasting which will take place, its effect on the residcnls, their ability to obtain a pre- b. la. st surYey and how to contact the user or his or her n..'presentativc with any _blast related complaints or claims. l~Lo.~rly owners shall be: given a five ¢5/day window to rcs.re>nd tO_lglr._l.yailabillty and their desire to obtain a pre-blast survey. If blasting is suspended in an area for a period of nincty (90~ &l.Y_LO.r_12~er. re-notification of all residents within the radius C,.alc, lll~d for a scaled distance Of 150 fccl shall be accomplished al.l~aal.lc~'~ll.J~ays prior to the re-commencement of blasting. Sec. 3.4.10. 341{ 12 ('mnprchcnsi,,c general liability (including, but not limited to cxplosivc hazard, collapse hazard, underground properly damage, contractual liability) ~)dily injury., personal injury: S-5./~Mgg-hOO 51.0(.39.000.00 each occurrence and aggregate; property damage: SUi~..~y)....~29 r..~) each occurrence and aggregate. See. 3.4.13. Restrietion,t for the u~e and handlinl~ of explosives, 3.4.13.5. 14e,.~:!:am ..... ~' ~"'":~ ....~^-:'" Blastinu r>cmfit and limits. 3.4.13.5.1. Word,, 12,1 ~, q, 7 -0.75 inch N-em'esl ?~'rr,,anen', -olraetur: c:her than it shall be unlawful for any .t)~rk to blast fire. dclonate or use any imlount of explosive within thc territorial limits of the county without first obtaining a bli~ing permit aa hereinafter provided by this section: provided that in any event it shall be unlawful for any person to blast fire. d.c, lonate or use any amount of explosives which would result in a ccsullimt _m:ag_gllrliclc velocity in excess of 0.5 inches per second when mr.a.s.ugd on thc ground al thc nearest building or structure not owned bz_thc,~crmittcc, or at .a2.0roation identified by thc seismologist of record and_Ibc PI~~ ' ' SECTION 3.G: AMENDMENTS TO DEFINITIONS SECTION Division 6.3. Definitions, of Ordinance 91-102, as amended, thc Collier County Land Dcvclopmcnt ('ode. is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS d.odi~lue ato~'a: £lhlbJishmcntl engaged in the rc.,iail sales of artifacts, collcctibles or objects l:mJng..a~~ausc of tlw, k_agr,~s~cially a work of art or handicraft item that is m.om.lhaa.~ old. or keepsakes cherished for their age or association with a person. l~litc c. cvcnt.c, r3Jm~;, Sign. directory: An on-premises sign of permanent character indicating thc name of t-¥,,o-five or more per~m~,-o, ind.g~businesses associated with, or events conducted upon, or products or scr-;iccs offered upon the premises uixm which such sign is maintained. This sign may be a free-standing f. pole. monument or _m'ound~', awning, or wall sign as otherwise permitted by this code. Such signs may have changeable copy. (See division 2.5.) .¥tgn. roo[: Any sign erected, consti'xicled, or maintained either on the roof, ofany ........ ~.,,;b~;...e, or m.ozr.2&aa~ inches above the roof of ~y building. (See division 2.5) Stgn. woll -,.,, [u.scta .C~rpvd~q2gl: A sign affixed in a manner to any exterior wall of a building or structure ~ hich is parallel to and projects not more than 18 inches from the building or structure wall. and wi,ch docs not extend Ms,~;-e, l.h~ more than 18 inch~ above thc roof line of 12'15 9'1 Words ...~_,;:u ~a::...:.;:i;~ a:c deleted, winds ~ arc added. Page 30 thc main bui]dJ, ng 0r from thc ~oint where thc roof line intersects thc parapet 0,rc~b~fihhng on ~,'hich i~ l,h~_~ilal is located, l~:lichcver is more restrictive. ( Sec division 2.5) ~'j£d,21gmr~ai!i.se xtores: Establishrm:tll3_;Ilg~~ctaii~i~Lcs of s~:ond-hand mcff&~~,'..of..h~sehold itemsjncluding clo~h2me_fumishin:-'s. SECTION FOUR: CONFI.1CT AND SEVERABII.ITY In thc evcm this Ordinance conflicts with any olhcr Ordinance of Collier County and other applicable law, thc more restrictive shall apply. I1' any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a scparale, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SEC'FION FIVE: INCI.USION IN Tile COLIAER COUNTY LAND DEVELOPMENT CODE 5he providons of ~his (ffd:nance shall become anti be made a pan of the Land Developmem Code of Collier County, Florida. The sections of the Ordinance may be rcnumbered or relcttered to accomplish such, and thc word "ordinance~ may be changed to 'section', 'articl¢', or any other appropriate word. SECTION SIX: EFFECTIVE DATE Thins Ordinance shall become effective upon filing with the Deparlmcnt of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this / .~z2:~__._ day of ATTEST: ;: D'~IGttT,,E. BR?CK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS 1'O FORM AND LEGAl. SUFFICIENCY MARSIIDRIE M. STUDF. NT ASSISTANT COUNTY A'ITORNEY Wen'ds ,,~4~- :~r:~mizk :,re deleted, words ~ are added. Page .31 12/I ~,.97 APP. 5, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ~'O,*.~l,"lO ',tAP 9. VIARCC ;SL/,ND AIRPORT LDCD: 4. Iii I 2 APP. O, APP. I APPENDIX D - AIRPORT ZONING ZONING MAP C. ~VERGLAOES AIRPORT \ LOCO: 5 APP. D. APP, ' COLLIER COUNTY LAND DEVELOPMENT CODE ZOI',/!NG VAP 9. IMMOKALEE AIRPORT i "'"1:) 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 copy of: ORDINANCE NO. 97-83 Which was adopted by the Board of County Commissioners on the 17th day of December, 1997, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of December, 1997. DWIGHT E. BROCK Clerk of Courts a~d;~iefk ~'~ ;. . , ~ '.'~ Deputy Clerk Issuc~ ~ 'onsJ(icred fi)r l)r(~osc(i Donalion or Purchasc of Real Properly by Colhcr Coun[y Rcmo~'al of dor~lcd real pro, ny from tax roils (2 parccls, each: $369.10 x 2 ~" $73g.20 and w.~tcr & sewer asKssrnents $7.16.69 x 2 '" $1,473.38.) (Sec copics of 1997 tax bills, attached.) Notc: water and sewcr asKs~ments may cxtcnd out a t"cw more ycars rc: thc East & ,South Water .~nd Sewer Project, and is a calculable out~tandin~ obligation for an owncr of record. A "IM,: conu-m~t- is ordered to determine am/issues of ownership and encumbrances, such as rmts~andin~ licr~, judsrnenu or pending lawsuiu (cost approxirnalcly $150.00, ~akes about 2 weeks un]e~ expedited). Parks and Recreation D~ar~c'n! check - Is parcel truly lo become "park" propo'vy? Is there a "park" need at ~i~ I~ati~7 h ~ ~e c~iv~ ~ ~cal for park "~ation~ Is d~at~d pro~y to ~ ~s~c. ~auti~at~ ~, a~ c~si~cd ~blic ~ ~cc of ~ Bayshore Avalon MS~? C~n~ liabili~ f~ ~eating a hke in ca~ of in~ ~ ~ath on C~n~ pr~. F. nvirr~rnental ch~ck - Co~mly's Pollution Control Department typically dots owner - approved site and ~t-ports on environmen~l suitability of prolx'rty. Natural Resources check - review s~t¢ for exotic trees and plants, protected species, permittability for pl'ojected u~ or dcv¢loprnent ! 24,25~ 2 LE~ 'L 34102-7056 PAID ; 97/12./01 1,061.56 ! -' 01:)0006L840640003 0000),10579 O000OO0000 00000 L __T_~._~ ~ ~'_ _'--Z,T,...-?._~_.. C . t 3.72~5 90.40 ~ ' ~~~ --, ~_~.~ .~ ~.~ ~ ~-.~ ..... ~'~ 15.215~ 36'!.I0 2 UTD 3~10787 ~ 52.98 Fl 736.69 ~ ~ * C L F '2 14 5 ~ ~ - 9 / /P - ~FT Of LOT $U6 OR $258 PG [ GUY ~,'~ARLTON - TA~'.C~LECTOR $; 0000061~40480005 COUNTY CLAIMS CHECK LIST SUBJECT: PROPERTY: FOLIO: CtILUMSKY. DALE E. (TR) N G* T C L F 32 14 50 25 S 136.72 FT OF N 273.44 FT OF W 425 FT OF LOT 618z~880c~5 THE FOLLOWING DEPARTMENTS HAVE BEEN INVESTIGATED FOR CLAIMS: PUBLIC RI;'.CORDS ( ) County Claims ( ) None O.FL Book __ Pg Item: O.R. Book Pg Item: O.R. Book Pg. Item: O.R. Book __ Pg ,, Item: UTII.ITY CLAIMS (u,vC"ounty Claims ( ) None Account No. '~ Impact Fccs: Monthly Water & Sewer: Water & Sewer Special Assc~ment SOl. ID WASTE ( ) County Claims (t,rNone 1991 1992 1993 i 995 1996 other 1994 (1997 and succeeding years on County Tax Roll) EMS BILLING ( ) County Claims Amount WEEDfNUISANCE LIEN ( ) County Claims Amount CODE ENFORCEMENT LIENS ( ) County Claims Amount PAVING ASSESSMENTS ( ) County Claims Amount ( ) None ( ) None ( ) None ) None ORIGIN: Staff AUTttOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTblENT: Planning Services Department LDC PAGE: LDC 3:81 LDC SECFION: Section 3.4.7.1.3 and Section 3.4.7.1.4 CttANGE: Change the language in Section 3.4.7.1.3. from making pre-blast surveys an option for the blaster to making pre-blast inspections a requirement of the blaster. Changing Section 3.4.7.1.4 to provide requirements for pre-bi~.st notification. REASON: Provide improved communication and awareness to rcsidenu within close proximity of blasting sites. FISCAL & OPERATIONAL IMPACTS: There will be no fiscal or operational impact on the County. For those developers not already completing a pre-blast inventory, this additional requirement will have some additional fiscal impact. RELATED CODES OR REGULATIONS: None CL"PC FINDINGS (as of November 13, 1997 Public Hearing): Thc Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.4.7.1.3. pre-Blare i .nspec'fiom: L 12/17/97 4:21 PM l~l:i.~_[ll~etonation of explosives a list of all pre-blast i _nspectiorm I~:rformed shall be ~m'ovided to Engineering Plan Review and In_specfion Services. Pre-blast i .nspccfions are required for structures if one of the following conditions have been satisfied.' If 12te structure is within a distance of 150 feet times the .~ilWze root of thc charge away from the blast, as illustrated bY the following formula: D - 150 x W s (Where '"D' equals the distance in feet and "W" ea_ual~ the wei_~ht of the charge in poun&.~ of explosives per delay3 3.4.7.1.a. For aH t_,,.'pcs of blasting shall bc required within 300 feet of blasting perimeters. ~c-blast inspections shall bc conducted by an independent ae. jsmologist, vibration engineer, structural engineer, or their ~¥e. The pre-bl~t sun'ey inspection shall consist of complete docum~tafion of all visible interior and exterior defects observed at the structure. The inspection documentation shall be prepaxed on 8 % x 11 or 8 V~ x 14 shectis] of paper. The date of the insgccfion must bc indicated on the documentation. Interior and/or ~xterior 35 mm photo~aphs of the structure and appurtenances containing defects must be identifiable as to the location and date &.list of all pre-blast surveys shall bc received by Engineering Plan Review and inspection Services no l~cr than five ~5) days prior to the ptanned commencernent of blasting. A locafiorlJ:aglLilZlkaLi~ I/l~tructures involved shall be submitted together with l'~'c- b 1AZtLIIQ/i fi C a,/[QJ:L IllA~anishall nodfy residents who have not received a prc- Maat_m~gtg~Aig. n._of the pending blast at least five ¢5) days prior to thr._c, ommamcann~Lo f the initial blast. Notification shall be distributed to all properties ~c~ntaining slru.~tures within a radius calculated for a scaled distance of 150 ftr..t. 3. The written notification shall describe the bl=ting which will take ~lace. its effect on the residents, their ability to obtain a pre-bias{ ~itow to contact the user or his or her representative with any blast related complaints or claims. Properly owners shall be ~ a five {5~ day window to respond to thc availability and their If blasting is suspended in an area for a period of ninety {90) day,, or longer, re-notification of all residents within the radius calculated for a scaled distance of 150 feet shall be accomplished at least seven ~7] days prior to the re-commencement of blasting. 12/17/97 4:2I ?,'4 2 Prc-bl~z~ion: L Thc applicant shall notify residents who have not rcccivcd a prc- I~last ins_~cction of the pending blasl, at least five (5) days prior to thc commencement of the initial blasl. ~otification shall be distributed to all properties containine ~tructurcs within a radius calculated for a scaled distance of 150. The written notification shall describe the blasting which will take place, its effect on the residents, their ability to obtain a pre-blast survey_ and how to contact the user or his or her rep. resentative with any blast related complaints or claims. Property owners shall be given a five ¢5} day window to res?ond to the availability and their desire to obtain a i~r~-blast survey_. If blasting is suspended in an area for il l~criod of ninety ¢90) days or longer, renofificafion of all residents within the radius calculated ~: a scaled distance of 150 shall be accomplished at least seven ~7~ days prior to the recommencement of bla.tti.n& 3.4.7.1.3 . 3.4.7.1.4. LEK' AMENDMENT/TEK/md/It:I~{ARIE'S LDC 12/17/97 4:21 PI4 3 LI'GiSLATIVI' CO~'I$UL?A P~ T DAVID W. NAM, P.A. ATTORN£Y AT LAW I~lO GOLF ?£~'~1AC£ D~IV£ tALLAHA~[[, FLORIDA 32301 December 16, 1997 TIE L£ PHON r. ~9o4! 224-9<) I 9 F'AC$1MIL£ 224-0281 Ms. Marjorie Student A~t. Collier County Attorney 2800 North ti~rseshoe Drive Naples, Fl. 34104 Re: Preparmion of l.and Plan's by Lands~..ape Architects. Dear Ms. Student: It has come to my attention that nurserymen in the Collier County area suggest that an exemption fi.om tl~ requirements of licens~rc as landscape architects under chapter 481, part I1, Florida Statutes, creates an entitlement to submit land plans at the county level. First, let mc review what is required to obtain a ccrtificate'a,~ a nurseryman or nursery stock dealer under chapter 581, Florida Statutes. Ccrtificati<)n as a nurscrym,'m or nursery stock dealer merely requires an application, payment of an annual fee of $25. and an inspection of'the nursery mateai.al at the time application is made Thc exemptkm for nurserymen From Ihe requirements of licensure as land.<~apc architects applies to the preparation of plav,.s a~ an adjunct to the rn~'keting and sale of nursery product. The suggestion that cournie~ mu~! elevate nurserymen ba~ed on this exemption and allow them to prepare land plans ix ir~con'ec~ [m~dscape Arch3teets must demomtrme educational and practical skills and experience prior to sirtin8 f'(~' a Ou'ee day examination and upon pas.,~ge are registered and regulated as professionals by the State Board of l~and~=ape Architecture. While nur~,-ryn'~n mc not prohibited from preparing plans, as an adjunct to thc marketing or sale of their nursery product by the landscape architectural practice act; mere exemption from these licensure requirements in no way constitutes authorization for nurserymen to prepare land plans in any jurisdktion In short, a h~.al juri.~liction is free to establish land planning criteria which recognize those professionals who can best uphold the community standard for land planning and development.- ~-'-D'~d~d ~V. Nam, General Counsel Florida Chapter of the American Society of' l.and.~cape Architect~ 2 State of Florida Department of Agriculture and Consumer Services 1911 S.W. ~athSac2:tlPo~Off~c~gox 147100, C, am,:.ral~ Fl~'~da 32614-710010$2) 372.350:5 Foc Duc: $ ~ c~clc or money or6er peyab~ ~o d~ I~.t~n et ~ lndumy. COe RIS g FACTOR ............... ................. n[,[,aa ..................... Illll[ ........ Florida House of Representatives BUSINESS REGULATION & CONSUMER AFFAIRS 16, 1997 ] ilI 2~0 ~ ~ Drtv~ Nnpit;, FL 34104 32399-1300 (~4)~ ColLier ~, Fto~ld~ Petltto~ No. (if ~o,~, Pet{,l~: (.~ ~ ~,~): Flannin3 S~rvice5 Debt. 2800 N. Horseshoe Drive Naples, Fla. J~elrirva bPfo~e: /'~7 i~ ~ k[~ ~ O~her Board of C~unt¥ 3301 E. ?amiami Na~l~. Fla. /rail O IlTRI Krt ION [ NITIt,KT 10111 ICC or I~l: InlIIKI~ ~ to~e ~~llnOlvlslm~ ~1 ~n Ii ~ to ~ At~ ~f~ ~tm to ~ ~. T~ ~'s ~fl~ wilt ~ -- file; ~ =lq II~IIw ~ ~lllmL to Cl~'l e. Or:beY' beof*i~tm~ ffl, ftfo, cJee ~lvtfJlm lad lo mm'mw find S,ldt ~ t~ C~dtt'J OfflcJ'. re'tJif~mf · ~ fee file. MA i11111111111111111111111111111111111111111111111111111111111111 Iii11111111111111111111111111111111111111111i111111111111111111 12:31 ~68C~16[ November 25, 1997 14s. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider an Ordinance amending Ordinance 91-102, as amended the Collier County Land Development Code Dear Judi: Please advertise the above referenced notice one time on Sunday, November 30, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. ~00551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is here~y given that on ~%q~AY, DECEMBER 17, 1997, 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 ORDLNANCE ANfF..NDING ORDINAi~CI; NUNI~I~R 91-102, AS Af~'~ED, TrEE CO1~ .TI~.~. COUNTY I.,AIN'D D~,rJ~I.,OFiVI2EDFr CODF., v~iIICH lq~CLU'DE~ ~ CO~~N3~ ~~ON8 ~R ~ ~CO~~D ~A OF COLLAR CO~, D~ BY ~O~G FOR: SE~ON ~~ ~~ON OF ~~~ TO ~ FOL~~G~ ~~ ~, G~ ~O~]O~S, D~S~ON 1.6. ~~TA~O~; ~~ ~ ~G, D~O~ 2.2. ZO~G DIS~~ ~~D US~, CO~O~ USES, D~E~8IO~ ST~~$, D~SIO~ 2.4. ~SC~ B~~G, D~SION 2~, ~I~ D~ION 2.6 DI~~ REG~ONS; AR~E 3, D~SION 3.2. 6.3, DE~ONS, ~D~G, B~ N~ L~D TO DEACONS OF ~Q~ ~O~ PA~ S~O~, USED ~R~~E STOR~ ROOF SIGN, W~L SIGN DI~ORY 8I~N; ~ND~ D, ~ORT D~G, BY ~~NG ~G ~ B, ~CO ~~ MMORT, ZON~G A~ORT~ $E~ON FO~ CO~LIC ~ S~ON ~ ~.UNION ~ ~ ~D DE~OP~ CODE; Petition LDC-97-2, Robert Mulhere of the Planning Services Department, representing the Board of County Commissioners of Collier County, Florida, requesting amendments to Ordinance 91-102, as amended, the Collier County Land Development Code. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail interested parties are invited to attend and be heard. 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 ba~ed. BOARD OF CO~;~f CO~4ISSIONERS COLLIER CO~;TY, FLORIDA TIMOTHY L. HANCOCK, CHAIR~UkN ~t;IGHT E. BROC'K, CLERK By: /s/E]iie Hoffman, Deputy Clerk (SEAL) co~ DEv'i~.OFT~'ENT ^h"D - SERVICES UiVlS10,"i 1800 N. HORSESHOE DEIfVE NAYLES, FL 3~94Z C]T~, gTATE: TOTA~ PAGES INCLUDINO gPECIAL ~NSTRUCTION: NOTICE OF INTEI~ TO CONSIDER ORDINANCE ~otice is hereby given that on ~X, ~ER 17r 1997, in the Boardroom, 3rd Floor, Admini"{trdtion Bui~ding~ 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: Petition LDC-97-2, Robert Mulhere of the Planning Services Department, representing the Board of County Commissioners of Collier County, Florida, requesting amendments to Ordinance 91-102, as amended, the Collier County Land Development Code. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested ~arties are invited to attend and be heard. 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 CO~;TY COMMISSIONERS COLLIER COUNTY, FLORIDA TI14OTHY L. HA}ICOCK, CHAIP3tAN D~IGMT E. BROCK, CLERK /s/Ellie Hoffman, Deputy Clerk ~LirO Of COL~T¥ Cc~qqIssIO~A$ IK) BCTX ~,1:~0'16 (~.~t), of ColLier ~(t~ tn ~td CottCer ~ty, ft~t~, ~ ~t ~ec~t~ t~ firat ~tl~tt~ ~ t~ ~Lt~t~ In t~ .aid AD S~AC[: 131.(Z~ INCH ir IL/D 0~: 11/30/?? ORDINANCE NO. 9'7-. ,, AN ORDLNANCE AYI'F. IN'DI~G ORDIN~CE I~J]VIBER 91-102, AS ~~ED, TIlE COLLAR CO~ L~D ~I~LOP~ CODS, REG~.ATIONS FOR ~ U~CO~ORATED ~A OF COLLAR COU~, ~.O~D~ BY PROLOG FOR: SE~ION ~TAI~: SE~O~ ~O, ~D~GS OF FA~: SE~ON TIg~EE, ADO~O~ OF Ab~~S TO TI~ L&~ DE~.LO~EN-F CODE, ~O~ S~C~LY ~E~G FOI.I.OWING: ARTICLE I, GE~E~ P~O~SIONS, D~SION 1.6. I~E~Itr. TA~ONS; ~TICLE 2, ZO~G, D~SION 2.2. ZONING DIS'~I~S, PE~~D USKS, CO~ON~ USES, DIb~NSIONAL STA~~S, D~SION 2.4. I,~SCAPING BU~~G, D~SION 2~. SIGNS, D~SION 2.6 SUPPLE~N~ DIST~I~ ~G~A~O~S; AR~ 3, D~SIOH 3.2. 5UBD~5IO~5, DI~SION 3.4. E~LOS~S; ~CL~ 6, 6.3. DE~IO~S, I~CL~G, B~ ~OT L~D TO bI[RC~IANDISE STORF-q, R~g SIG~, WALL SIGN DIRE~ORY SIGN; ~PE~ D, ~ORT ~NING, BY ~PLACING ZO~NG MAP B., M~CO ISL~ M~ORT, ZONING MAP C., EVERGLADF~ ~ORT, ~NG b~ D. I~O~EE AIRPORT; ~E~ON FOU~ CO~l~ ~ SE~ILI~; SEC~O~ ~, IN~USIO~ ~ ~ L~D DE~LOP~E~ CODE; AND 5E~ION SIX, E~~VEDATE. ~{ERE~5. on Oclo~ 30. 1091. ~ Collf~ Co~ Board of Co~ Com~ion~ ~opt~ No. 91-~02. Ibc Coll~ Coun~ L~d D~elopm~i C~e (h~einafi~ LDC) , which h~ ~iERE~.~. d)e LF)C may ~1 bc ~dcd mor~ ~ ~o times in e~h c~cnd~ yc~ p~t to 1.19.1.. I.DC; WHEREAS, lhls ss Ih~ second ~m~t lo I}~ I. DC, ~c~ 91 -102. in ~is cslend~ yem; ~d ~[IRE~f. on M~rch I S, 1997, ~ Bo~d of C~ ~ssion~s ~opled Resolution 97-1 es~l~hlnR I~sl r~ult~s ~ pr~l~s for ~ln[ ~ ~C; ~d WIIERI!A.f. ~11 t~uit~m of R~oluti~ 97-17~ have ~ mci; md %'}[E~AS, the rsostd of Courtly Commt~e~, in a m~ pr~c6bed by law. did hold public he~r~n~ on Decemb~ 2. 1~7 ~ Dec~b~ 17. 1997. a~ ~d taka ~tion concc~n8 an,~te to t~ El)C; and ~iEREAS. all a~licabic substsa6vc and pr~d~al requirements ot~e law have be~ m~. NOW. ~R~FORE BE IT O~AINED by the ~oard ofCo~ Commission~ of Colli~ Count. S F.~ION ONE: 1~ CITAL.~ 'I~c torcgolns rcci~ls ~ tmc m~ co.cot and it~o~o,at~ by rcr~rcnc, herein as if fully s~ fo~h. ~}i~ION TWO: FINDINGS OF I 1/1 i~97 Word, s4e~ob~ ~r. d~l~-d, words ~ ,uc idled. ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, TIIE COI,LIER COUNTY LAND DEVELOPMENT CODE, WIlICII INCLUDES TIlE COMPREIIENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FI.ORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, ,MORE SPECIFICALLY AMENDING TIlE FOLLOV~qNG: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.6. INTERPRETATIONS; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL .USES, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCIIANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPI,ACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING MAP D., IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN TIlE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WttEREAS. 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 WItEREAS. thc LDC may not be mended more than two times in each calendar year pursuant to Section I. 19.1., [.DC; and WItEREAS, this is the second amendment to the LDC, Ordinance 91-102, in this calendar year; and WItEREAS. on March 18, 1997. thc Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and Wtt EREAS, all requirements of Resolution 97-177 have been met; and WttEREAS. the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings ,'m- December 3. 19q7 and December 17, !997. and did take action concerning these amendments to the LDC; and WItEREAS, all applicable substantive and procedural requirements of the law have been met. NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida. that: SECTION ONE: RECITALS Thc foregoing recitals arc true and correct and incorporated by rcfe:-cncc herein as if fully set forth. SECTION TWO: FINDINGS OF FACT Worth s~z-~ :~:~-'i:,h arc deleted, words ~ arc added. The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, ct Ir, ll., Fla. Stat., the Florida Local Government Comprehensive Planning ,'md 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 S~c. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement thc adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcernent 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., re, quires 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 "Grow-th Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Soc. 1634.3161 1:1 ~ff, R. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(I)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with thc Act, all development undertaken by, and all actions t~,en in regard to development orders by, goverru'nental 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(3Xa), 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 governmcm sFua[1 be consistent with thc Comprehensive Plan if the [and us~s, densities or intensities, capacity or size, t~rning, 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 entunerated by the local government. I0. 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. I1. 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, thc 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 TltREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A: ,,~',IENDMENTS TO INTF, RPRETATIONS DIVISION Divixion 1,6. Interpretations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.6. INTERPRETATIONS Sec. 1.6.1. Authority. Thc planning services director shall have thc authority to make all interpretations of the text of this code. the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the growth management plan and the boundaries of land use districts on the future land use tnap. The chief building official shall have the authority to make all interpretations of the text o/'this code on matters related to the building code, building permit requirements, building construction administrative code or building permits. In cases where interpretations of both the building official and planing services director are requested jointly, any conflict shall be resolved by the community development and environmental services administrator. Sec. 1.6.2. Initiation Wo~ds em~e~hnm~ are deleted, words ~ ~ added. Pa~e 3 government agency or department, or my person having a contractual interest in land in Collier County. Sec. 1.6.3. Procedurea. 1.6.3.1 Submission of request for interpretation. Before an interpretation shall be provided by the planning services director, or chief building official, whichever is applicable, a request for interpretation shall be submitted to the planning services director or chief building official, whichever is applicable, in a form established by him. A fee for the request and processing of the request shall be established at a rate set by the board of co,tory commissioners from time to time a~d shall be charged to ,and paid by the applicant. 1.6.3.2. Determination of completeness. Afl~-'r a request for interpretation has been received, the planning s~,~-v'ices director or chief building official whichever is applicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, determines that the request is not complete, he shall serve a v, xitten notice on the applicant specifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. 1.6.3.2.1. Notification of affected ~ owner. Where a site specific interpretation has been requested by a party other than the affect, ed property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. 1.6.3.3. Rervtering of interpretation. After the reque~-t for interpretation has been determined complete, the planning ~'r',4ce~ director or chief building official, whichever is applicable, shall review and evaluate the request in light of the growth management plan, the future land use map, the code and/or the official zoning atlas, ~md building code related mane'rs, whichever is applicable, and render an interpretation. The planning services director and the chief building official may consult with the county attorney and other county departments before renderin8 an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and ~fficiency. Interpretati~ made pursuant to this section shall be rendered within 45 days of issuance ora determination of completeness made pursuit to section 1.6.3.2. Sec. 1.6.4. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Sec. 1.6.5. Official record. The community development and environmental services administrator shall maintain an official record of all interpretations rendered by either the planning services director or chief building official, which shall be available for public inspection during normal business hours. 1.6.5.1. .Ne,'~[~ vf i.~:~-"p~.,,--',k~.~ Notice ofinte~_retatio~.. ~e co~uni~ developm~t ~d ~m~ml ~ic~ ~~r a~l p~de public notification ~n the iss~ce of~ ~t~iom F~ g~ ~t~tio~ of ~e building ~e. Co~reh~ve ~ Ma~t pl~ or ~d D~elopm~t C~e, W~ ~ ~ ~e~ ~ ~ ~ ~d. I I/18~17 notice of the-C-o~ interpretation and appeal time-flame shall be advertised in a newspaper of general circulation in the County. For intm'pretations affccting a specific parcel of land, notice of the interpretation and appeal timc-framc shall be advertised in a newspaper of general circulation, and mail notice of the interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. ~__.___Eff~ctive time limits of an inte~, retation. An interpretation rendered by the I/[l~i. ag services director or the building official, as the case may be. shall r~maia2~ffect until the appropriate code is amended to clarify_ the applicable provision or proy~c,t~:arranted the interpretation~e amendccL or until ~. time as3he interpretation is adopt, ed. modified, or rejected as a result of an ar~pc'.xl to the board of app_cals and/or the building board of adjustments and i~IZ:~C~'Lt or other individual or entity identified in sec. 1.6.2. of this code. During the ti_rn_e_lhe interpretation is rendered and the time the it~ro.~riate code is arnended, or in the case of an appeaL until such time as the board of zoning agp. eals and/or the building board of adjustments and appeals I~ rendered iLs finding, no further request for interpretation regarding the same issue shall bc pcrmittcd. Sec. 1.6.6. Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property owner of a S,,Titten interpretation sent by certi fled mail return receipt requested by the planning services director or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected prog. crt¥ owner, or ae_trr'ieved or adversely affected parly_ may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes ,'ks shown in division 1.18 or to the board of zoning appeals for all other matters in this code. For the puCDoses of this section, an affected property owner is defined aq an owner of property located within 300 feet of the property lines of the land for which the. intelllI, glation is effective. An ag_mfeved or affected party is defined as any person or _m'oup of persoll$...zt21~~zgrse effect to an interest protected or furthered by the Collier C. xllIIID' Growth Management plan Land Development Code. or building code(si. As provided [.~/..ilz~~:s. ~ 163.3215f2~. the alleged adverse interest may be shared in cornmorl with other member~ of the community at large, but shall exceed in de~ee the general interest in community good shared by all per~ons, Arcquest fgr appeal shall be filed in writing. Such request shall state the basis for the appeal ired shall include an5' pertinent information, exhibits and other backup information in support of the a?peaL A fee for the application and processing oran appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by thc applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever ts applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning services director or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the code or the olT, cial zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever ts applicable, shall adopt the planning services director's or chief building official's interpretation, whichever is applicable, with or w/thout modifications or conditions. or rcjcct his interpretation. The board of zoning appeals or the building board of adiu~tments and appeals, whichever is applicable. ~cdl no! be aulhodz~ ~o mod/£v or~ :,be pt~.~.~i~,~ services director's or chief building official's interpretation tmless sucl~ board finds that the determination is not supported by substantial competem e~tider~e ot that the interCretation is ~-x,mt~ a,-) m tnt growth management plan. the ~ langl ute reals, l. hec. txte ~r lhe r~ffmia} ,.'~mng ~tas, ur omiuing c~xle, ~mcne,,'er ts applicable. code, whichever is applicable. Words ~,,~,41,~ are deleted, words ~ :,ce added. SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USF.~, DIMENSIONAL STANDARDS DMSlON Division 2.2.. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County La. nd Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.12. Commercial professional district (C-I) and commercial professional tr~n.sitlonal dhtrict (C-l/T). 2.2.12.2. Permitted sues. 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 district and the C-IFF commercial professional transitional district. 2.2.12.2.1. Permitted Use& I. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521). Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372, 7374-7376, 7379). 4. Child day care services (8351). Group care facilities (category I and H, except for homeless shelters); care units except for homeless shelters; and nursing homes; assisted Jiving facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities parsuant to s. 651 F.S. and ch. 4-193 F.A.C. all subject to Section 2.6.26. ~ Engineering, architectural and surveying services (~'oups 0781. 8711 - 8713). 7. Health Services (8011-8049). Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 9. Insurance carriers, agents and brokers (group 6311-6399, 641 I). I 0. Legal services (8111 ). 1 i. Management and public relations services (groups 8741-8743, 8748). 12. Miscellaneous personal services (7291). 13. Museums and art galleries (8412). 14. Non depository credit institutions (groups 6141-6163). Wcnths ~.r~ls-~4~ ate &:leted, wo~'da ~hne~l a.¢ added. 2.2.12.3. I ! / I 8/07 15. Real estate (group 6531 o6541 ). 16. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the adminim'ative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. Conditional uses. The following uses are permissible as conditional uses in the commercial professional/transitional district (C-1. C-I/T), subject to the standards and procedures established in division 2.7.4. 1. Civic, social and fraternal associations (8641). 2. Depository institutions (groups 6011-6099). 3. Educational services (8211-8231 ). Health services (8011-8049). 5. ttomclcss shelters, as defined by this code. 6. Increased building height to a maximum of S0 feet. 7. Mixed residential and commercial uses subject to the following criteria: A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and of the neighboring lands; Thc commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; The residcnlial uses are designed so that they arc compatible with the commercial uses; d. Residential dwelling units are located above principal uses; Residential and commercial uses do not occupy the same floor of a building; The number of residential dwelling units shall be controlled by the dimensional standards of the C-l, C-i/T 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 kcight may not exceed two stories: Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; Words *w~k '..h::::;5 sre deleted, words ~ are added. Page 7 Sec. 2.2.14 2.2.14.2.1. A minimum of 30 percent of the mixed use development shall be maintained ~s open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); the mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating p. edestfian and vehicular accessways and parking areas from residential units, to the greatest extent possible. Nursing and personal care facilities (8082). Pm~r. al c--r':i:~ (726t-~. Religious organizations (8661). 44 10. Soup kitchens, as defined by this code. ~3. i1. Veterinarian's office (0742), excluding outdoor kenneling. Commercial intermediate district (C-3) Permitted taes. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. Apparel and accessory stories (groups 5611-5699). Auto and home supply stores (5531 ). Business service~ (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, botlle labeling, packaging and labeling, salvaging of damaged merchandise, .scrap steel cutting and slitting). Eating places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to Iocational requirements of section 2.6. i 0. Food ste~ e~ (groups 5411-5499). General merchandise stores (groups 5311-5399). Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. [Reserved. ] Home furniture, furnishing, md equipment stores (groups 5712- 5736). Wo~d~ ~ ~re &{eted, words Page 8 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25, 26. Libraries (823 I). Marinas (4493), subject to section 2.6.22. Membership organizations (8611-8699). Miscellaneous repair services (groups 7629-7631 ). Miscellaneous retail (groups 5912-5963, except pawnshops and buildin~ materials. ,~" ~4~: .... :'~ :eze, n~ha,-,d ~, 5992-5999). Museums and art galleries (8412). Non-depository credit institutions (groups 6111-6163). Paint, glass and wallpaper stores (5231). Personal services (groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). Public administration (groups 9111-9199, 9229, 9311,9411- 9451, 9511-9532, 9611-9661). Retail nurseries, lawn and sarden supply stores (5261). Veterinary services (groups 0742, 0752 excluding outside kenneling). Videotape rental (784 ! ). United States Postal Service (431 ! except major distribution centers). Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this code. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the pemfitted uses and purpose and intent statement of the district. 2.2.14.3. Conditional Uses. ~I~e following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures est:~blished in division 2.7.4. Sec. 2.2.15. 2.2.15.2. 4411. Vocational Schools (8243-8299) General commercial district (C4). Permitted uses. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise Words ~ ~c dclcted, words ~ iu'c ~dded. Page 9 2.2.15.2.1. provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the general commercial district (C4). Permitted use& Unless otherwise provided for in this code, all permitted uses in the C-3 commercial inte~inediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). 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, opcq-ation of party fishing boats, canoe rental. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in Section 2.6.28, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: [Size of vehicles.] Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. I. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with le.~s than 150 feet of frontage on a dedicated street or highway. d. l,ot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not les,~ than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. 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 wash/ag and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at le~t two sides and shall be Words ~ ~c delete& words undta'linecl are added. Page 10 I0. Il. 12. 13. 14. 15. 16. 17. 18. 19. 20. the building, but may not be located in any required yard area. Hour~ of operation. Carwashes abutting residential distr/cts shall be closed from 10:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231-5261 ). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (2752, excluding newspapers). Communications (groups 48124841) including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the Iocational requirements of section 2.6. I O. Engineering, accounting, research, management and related services (groups 8711-8748). Glass and glazing work (1793). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes; assisted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4--I 93 F.A.C. all subject to Section 2.6.26. Hospitals (groups 8062-8069). Health Services (Groups 8051-8059. 8062-8069, 8071-8072 and 8092- 8099). Mar/nas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine w'reck/ng, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair. furnace and chimney cleaning, industr/al truck repair, machineD. cleaning, repair of service stat/on equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneou~ retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. I 1/18/97 Worth ~ are dele*ecL wor~ u~.,~l~ are added. Page 11 Sec. 2.2.16. 2.2.16.2.1 Sec. 2.2.23. 2.2.23.2.1. 21. Personal sun-vices (groups 7215, 7217, 72!9 726'~ 7.2L9.,_22~ 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). 26. Any other general commercial use wh/ch is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district. Industrial district (I). Permitted Uses Agricultural services groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of S00 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, .spraying crops, dtming crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722-0724, 0761,0781~,, 0783). 27. Personal services (groups 7211-724-9~). Airport overlay district (APO): special regulations for specified areas in and around the airports In Collier Count)'. ?rimar3.' zone. An area longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. The width of each primary zone is as follows: A ~r'porla Naple~ Masco Island Ev~gladcs Invnokal~ PRIMARY ZONE WIDTH (FEET) Runway Type W}d, th · ti 31.]._4~ O~e'I tha~ utihD//non-J'n'e~$~on instrument 500 a4gl.5_-2.3. Oh~ th~n utility/ptecisiofl in.vlxumem 17-35 ~ ld~ltility/non-preci~ion insn'ument 500 15-.13 Ia~litylvin~al 250 9-27 O~he, O~an utilily/n~.,-precision instrument 18-36 O,.h~ than uttlity/no~-ptecision in~rurnem 500 4-22 Utility/vinml 250 Primal. zone height. No structure or obstruction will be permitted within the primary zone that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerline. 1 I/I 8/97 Wor~ ~ ~zc dcictcd, word~ ~ ~.~ added. Page 12 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 52314261 ). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (2752, excluding newspapers). Communications (groups 4812-4841) including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. Engineering, accounting, research, management and related services (groups 8711-8748). Glass and gta2ing work {1793). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; ami nursing homes; assisted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4-193 F.A.C. all subject to Section 2.6.26. Hospitals (groups 8062-8069). ltealth Service~ (Groups 8051-8059, 8062-8069, 8071-8072 and 8092- 8o99). Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Misccllaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair. furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. 11/18/97 Words .... ........ u ,u ..... ~.u ~rc d~l~d, words ~ ~rc ridded. Page 11 Sec. 2.2.16. 2.2.16.2.1 Sec. 2.2.23. 2.2.23.2.1. 21. Per~nal services (groups 7215, 7217, 7219 726! 7219. 72,31 except crematories, 7291-7299). 22. 23. Real estate (group 65 ! 2). Social services (groups 8322-8399, except for homeless shelters and soup kitchens), 24. [Reserved.] 25. 26. Vocational schools (groups 8243-8299). Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district. Industrial district (I). Permitted Uses Agricultural services groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722-0724, 0761,0781~,, 0783). 27. Personal services (groups 7211-72-I-951. 7291). Airport overlay district (APO): special regulations for specified areas in and around the airports in Colller County. Primary zone. An area longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. The width of each primary zone is as follows: A irpOrl~ N~plel M~co Island Everglades PRIMARY ZONE WIDTH (FEET) Runway Type W~th 1~-44.]_4.-32 Other 0zan utllipff/non-prec*sio~ inso~mem 500 ~,4~ -$zZ3. Other than utility/precision in.sm~men! 1.000 17-35 ~ l~tility/noc~prz~ision ins~'umem 500 15-33 Ut ,lity/vi:mal 250 9-27 O~her tt~n utdity/m~¥precir~on instrument :$~;}1.000 18-36 CRber than utditytnon-I~'ecLsion in~nmwm 500 4-22 Utility/ritual 250 Primary zone height. No structure or obstruction will be permitted within the primary zone that is not part of thc landing and takeoff area and is of greater height than the nearrst point on the runway centcTline. 11118./97 Words ~,~,Nt41u,~ are deleted, won:Is ~linvd are added. Page i 2 2.2.23.2.2 Horizontal zone. The ~ around each public use airport with an outer boundary, the perimeter of which ia constructed by swinging areas of specified radii from the center of each end of the primary zone of each airport's runways and connecting the adjacent arcs by lines tangent to those arcs. The radius of cach arc is as follows: Marco Island Immokalec 2.2.23.2.3. 2.2.23.2.4. HORIZONTAL ZONE RADIUS (FEET) Runway Type Radius !~ ~ t. 14-32 O~hcr than utilit),/no~-pr~ision instrument 10,OO0 4-~5-21 ~ than u~ility/precisio~ instrumt 10,000 17-3 5 ~ Ugtilitytnon-prec/sion itmium~t ~..t2~.. 10.0~ I 5-33 Utili~/tvisual 5,000 9-2'/ O0~r I~ uu'.LV//~e~pr~cision i~t I O,O(K] 18-36 ~ than utqity/non-la'~nsion insmm'~'nt IO,OOO 4-22 Utility/visual Horizontal zone height. No ~ructur¢ or obstruction will be pertained in the horizontal zone that has a height greater than 150 feet above the airport height, unless i Federal Aviation Administration D~t~-rnination Of No Ha2ard To Air Navieation has been issued. Conical zone. The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Conical zone height. Height limitations for structures in the conical zone are 150 feet above airport height at the inner boundary with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. Approach zone. An area longitudinally centered on thc extended runway cc-mcrline and extending outward from each end of thc primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that nmway end. Approach zone width. The inner edge of thc approach zone is the same width as the primary zone. Thc out~ width of the approach zone is prescribed for the mom precise approach existing or planned for that runway end expanding uniformly to the following widths: A ~rtx:~s M as'co Island E vctll'.,ck-s Imrnok,tl~ I !/18/97 APPRO,~CIt ZONE WIDTH (FEET) Runway Type .t_~ .a~. 14-32 Other, term utility/noa-preosion instrument 4-5 ~ ~ u~litylno~-P~msion in~'umem 17-35 ClOut ~ ~dity,'n<m-preci,6on instrument I 5-33 Utility/visual -9.-27 Other ~ utiliry/n~o~ insmm'~nt Wot& ~ Lrc &le~l, w~& ~ t~ ~ Page 13 Width 33OO 3.5OO 16,000 1,250 A~rports Naples M~'co I s h~d Irrn'nok alct Na~lcs ML, co lrnrnokale¢ I I O~a ~ unlity~.~n.p~-ision instrun'~n! 3,~00 .16 O0~r th~n miliw/vimal 1,500 4-22 Utility/visual 1,250 /tpproach zone lengtAs. The approach zone extends for the applicable horizontal distance as follows: APPROACH ZONE LENGTH (FEET) Runway TyT~ W -~ '~ Len _t,~h ! 3 ~ 14-32 ~ ~ utili~/non-~ision in~t I ~ ~ ~ utili~t~isi~ i~t 10.~ ~ ~ ~ ~il~/n~-~si~ i~t 50.~ I 5 -33 Uti li~ 5.~ ~ ~ ~ ~li~t~ ~t 50.~ 36 ~ ~ ~l~/~ ~,~ ~22 ~l~/~ 5,~ .4pproach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: APPROACH ZONE HEIGHT Runway Type W~¥Elgigtg ~'~4¢l.tt.:~ O0~t ~ ~alitytno~-pttealoa ~-~x-~! 34:1 4~ ~ ~ ~li~si~ in~l 34: I ~ ~ ~ utdi~t~~ i~t 5~. I/~:1 15-33 Utiliw~ 20:1 9-~ ~ ~ mili~/~s~ ~t 50:1/40: I 36 ~ ~ miliwl~l 20: I 4-22 Utlli~/vi~ 20: I Precision instrument runway(s). One foot vertically for every 50 feet horizontally for the first 10,000 feet increasing to one foot vertically for every 40 feet horizontally for additional 40,000 feet. Non-precision in~tn~ment runways. One fc, ot vertically for ever 34 feet horizontally. Wor~ :_'c'_':-~ '~_'.~-.:~ are deleted, word~ ~ are added. Page 14 3. Visual runways. One foot vertically for every 20 feet horizontally. 22.23.7. Exemption~. _ Development of the Marco Shores Golf Course Community that comports with the location and height requirements of Ordinance 81- 6. il~ amended y Ordinance 85 - 56 and Ordinance 94 - 41. is exempted from the provisions of Section 2.2.23.2. By virtue of the following: An a_m'eement between Johnson Bay Development Co.rporatiom Collier County Ai.rport Authority_. and the Board of County Commissioners. ii. Prior issuance of a Federal Aviation Administration'Determination Of No Havm'd To Air Navigation SUBSECTION 3.C: AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION Division 2.4. Landscaping and Buffeting, of Ordinance 91-I02, as amended, the Collier County Land Development Code. is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section shall submit a landscape plan to the development services director. The landscape plan shall b,p~~ bear the seal of a Landscape Architect registered in the State of Florida;, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan. This plan is not required to {e~-~r-q~l--by--u~ bear the seal of a landscape architect SUBSEC-ff'ION 3.D: AMENDMENTS TO SIGNS DIVISION Division 2.5.. Signs, of Ordinance 91-102. as amended, the Collier County Land Development Code, is hereby amended to read as follows DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.2. Signs within non-residential districts: 2.5.5.2. I. Development standards. Maximum allowable height. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for within this section. Height shall be measured fi.om the lowest centerline grade of the nearest Words :~--';k '..%-:ggh arc deleted, words ~ are added. Page 15 11 / 18/97 2.5.5.2.¢2. 2.5.5.2.23. 11/I 8;97 public or pfivale R.O.W. or easement to the uppermost portion of the sign structure. Minimum setback. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line. unless otherwise noted below or as provided for in section 2.1.13. Real estate signs: The following signs classified as real estate signs shall be permitted in non residential districts subject to the following: One ground or wall "For Sale." "For Rent," or similar sign with a maximum area of,'wc foursquare feet in size per street fro?rage for each parcel, or lot less than one acre in size. (No building permit required.) One ground or wall 'For Sale.' 'For Rent,' or similar sign. with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required. } One ground or wall 'For Sale,' 'For Rent.' or similar s:gr~ b-:th a maximum of 64 square feet in size. per street frontage for each parcel or lot in excess often acres in size. Real estate signs shall not be located closer than 15 feet from any property line. in the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed: or, the property is no longer for sale, rent or lease. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. Constructton signs. All supports for such signs shall be securely built, conq~ructed, and erected and shall be located on the site under construction and no closer than 15 feet from any property line, and subject to the following: One ground or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) One ground or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acre in size. (No building permit required.) One ground or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within ezch front yard for each parcel in excess of 10 acres in size. Words :~;:k '..¥:'.:g?. are deleted, words tm&rlM~ are added. Page 16 One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. 0',I'PR) All construction signs must be removed prior to the issuance of certificate of occupancy. 2.5.5.2.~. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in ali non:residentially zoned districts subject to the restrictions below: 2.5.5.2.~.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or two ground signs. In addition, multiple occupancy parcels such az shopping centen, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area. and eight or more ind .epe'ndent businesses will be permitted one directory, sign with a maximum size of 250 square feet for a single entrance on each public street. Maximum allowable sign area: I00 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in section 2. I. 13, and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15-foot setback from all project boundaries and public fight-of-ways and easement, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians, unless otherwise noted below or as provided for in section 2.1.13. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. The planning services director's decision to reduce the required 15-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of- way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavemcv, t; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress aqd egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, Word~ r.~'~:ck '..~gh ~'e deleted, wor~, undated are added. Page 17 11118/9'/ d) Thc extent of the rcduction is thc minimum amount necessary to provide relief from the applicable conditions cited above. Maximum allowable hcight: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.3.1., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private fight-of-way or easement to thc uppermost portion of the sign structure. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. Spot or floodlights shall be permitted only where such spot or floodlight ss non:revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.3~.2. 1 I/I 8,'97 Pole or ground signs within regional shopping centers. One pole or ground sign is permitted for each regional shopping center having a frontage of 150 feet or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. Additionally, one directory sign with a maximum size of 250 square feet will be permitted for a single entrance on each public street. ,V.-~i:'n.,.:m a!!a'::aS!e :i~n -"--'~: 100 ~.qu-"---e f~:. cxoepcgof-~pr-o.,~ ~.,~em,,. -,a v. ~P-.,Y line, public cr pm'ate ngh: cf ':.'ay;, er ~,-m, mt, "-~ ..... ~'~":-- nc;~ Ne!ow-cf ac, prc':id~ r~.: .... ~ini~ ~r. ~ · r~, =t~rcm al! Frcject ~ ..... ~ ~ - ~' Maximum allowable sign area: I00 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum ora 15-foot setback from all project boundaries and public rights-of-way and easements, and their location presents no visual obstructions, or traffic haTards to motorists or pedestrians. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. Where the planning services director approves such a reduction, the height of the sign shall be reduced by an amount equal to the amount of variance Worda ;~.::~ '&:-g;:g~ arc delete& words ~ are added. Page ! 8 2.5.5.2.~.3. I~:ll~g icque.~l, cO. [ 11¢ pla. ntullg .~CrVlCC$ cl~l'¢ctol $ tle:cl$1on to re.duce tile required 15-foot setback shall be based on the following: a) Whcrc it can be dcmonstratcd that within the adjacent right-of- way the area between the property llne and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; h) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety.of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) Thc extent of the reduction is the minimum amount necessary, to provide relief from the applicable conditions cited above. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.3.2., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side. or in V-t)Te construction with not more than one display on each facing, and such sign structure shall be considered as one sign. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. Wall. mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Comer units within multiple occupancy parcels, or single occupancy parcels where there is double frontage on a public right, of-way, shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition. outparcels within shopping centers may by allowed one additional wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any sign. 1 I/I g/97 Words :m.':t' '..~'~'.:g~ are deleted, words ~ are added. Page 19 2.5.5.2.~_L4. 2.5.5.2.32a.5. 2.5.5.2.3.~.6. 2.5.5.2.34.7. 2.5.5.2.3aa.8. 1 I/18/97 Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. Projecting signs shall not project more than four feet from the building wall to which it is attached. Projecting signs shall not extend above the roofline of the building to which it is attached. 3. Projecting signs shall not project into the public right-of-way. ,4. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. Under-canopy signs. In addition to any other sign allowed by this code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. Accent lighting. In addition to any other sign allowed by this code, accent lighting may be allowed subject to the following requirements: No more than two tubes or strands of continuous accent lighting will be allowed per wall ora structure. Accent lighting cannot exceed one and one-half inch in diameter per tube or strand, and shall not be ttsed to outline doors and windows, or attached to columns and vertical comers of structures. Accent lighting mm have the approval of the community development services administrator or his designee except as prohibited in section 2.5.7 of this code. Irmallation of accent lighting shall require a building Accent lighting must comply with the Collier County current electrical code and must be installed by a licensed electrical sign contractor to an approved electrical source. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and comrnon architectural design standardz, are encouraged within all PUD zoning districts, and specifically required for PUDs contain in a commercial coml:mnent. Sign classes and sizes for planned unit developments should be the same as the standards found within this code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. Flags. Residential properties that have been issued a certificate of occupancy may display up to three nonq:ommereial flags. Three non-commercial flags may be displayed at the entrance ora commercial, office, industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only offs roadway that is designated a collector or medal in the traffic element of the grow'da management plan, and all entrance, with aaz~ ~e at least 300 feet apart. Four Words ~ are deleted, word~ ~ ar: added. Page 20 additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the planning services director, provided: all proposed flags would not be visible lo motorists along any frontage roadways and the planning services director determines that the display of the extra flags is essential to the theme and design of the development. Ail flagpoles with a height in excess of 15 feet above finish grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be.designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. On single-family or duplex lots flagpoles shall not exceed i! 30 feet in height above ,qnL~ fi~hed grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the fini.~ fi~shed grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed ~ 35 feet in height above fiv3sh ~ grade. Fer a!! zthz-r r~!~z'n.,ti:! :zn"M-4ot:, flag"~!~ :ha!! no: :x~,2,:-2 25 f~,: in ........ ~, te ........ tkey ar,-{m~-h~. In all other zoning districts, flagpoles shall not exceed g0 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30% of the length of the I:~le to which it is affixed. 2.5.5.2.3~.9. Yemporary signs. The erection of any temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applicants for tempora~ sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and o~her relevant pans of this code. 2.5.5.2..-x¢.9. I. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary pemdt shall be obtained. The peru:it number shall appear on every sign or on the pole supporting the sign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. 11118,'97 Words :..':".::k '..hr:ugh are deleted, words ~ are added. Page 21 Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feel per sign, and shall bc located no closer than I $ feet to any property line. The number of such signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue. All supports shall be securely built, constructed and erected to conform with the requirements of this code. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. Political signs shall be erected not more than 60 calendar d. ays prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. 2.5.5.2.~fi.9.2. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.~.9.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, spoiling events, or any public, charitable, educational event. Such sign shall be located no closer than 15 feet to any proper~y line. Such signs shall require a building permit. 2.5.5.2.~.10. Special purpose signs (on-site). Due to the unique and varied nature of the following uses. additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.~.10. 1. Theater signs (on-site). In addition to the signs otherwise permitted by this code, a theater shall be permitted a changeable message sign, the surface of which shall not exceed 100 square feet in area. Such sign shall require a building permit. 2.5.5.2.3,~. 10.2. Automobile service stations. In addition to the signs otherwise permitted by this code, automobile service stations shall be permitted one changeable me~sage sign not to exceed ten square feet in area for the purpose of displaying ga.solJne prices only. Such sign shall be affixed to the structure ora pole on thc prope~y. Such sign shall require a building permit. 2.5.5,2.~. 10.3. Time and temperature signs. One time and temperature sign having a surface area not exceeding 18 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure ora pole or ground sign. Such sign shall require a building permit. 2.5.5.2.~4.10.4. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, and located internal to the subdivision or development, may be allowed subject to the approval of the community development and environmental services administrator, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development, directional or identification signs maintaining a common architectural theme maybe combined into a single Words '~.~-'ck '..~-~g~h ~rc deleted, words ~ arc added. P,ge 22 1 I/I 8/97 sign not to exceed six feet in height and 64 square feet in area. Such signs shall rehire a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. 2.5.5.2.-Ma. I I. On-premise signs within agricultural districts. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 2.5.5.2.3-fi.I 1.1. One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet, and shall be located a minimum of I $ feet from any property lines, public or private right-of-way or easement. 2.5.5.2.34.11.2. Seasonal farm signs (on-site). One temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding 40 square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.32a. I 1.3. U-Pic signs. One U-Pic sign located at the entrance or date ofeach street frontage. The maximum allowable sign area for each U-Pie sign shall not exceed 32 square feet, and shall be located a minimum of 15 feet from any property line, public or private right-of-way or easement. 2.5.5.2.34. I 1.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Comer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maxim~mn allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 2.5.5.2..:q. 12. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator, or his designee, if the following retirements are met: Off-premises directional signs shall only be permitted in non- residentially zoned, or agricultural districts. No more than two off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided: Each sign is not more than 12 square feet in area with a single- fac,:d display area only. Double-faced signs shall not be permiued. Words :wzgk '..~,:zW, h arc dclctcd, words U~ arc addcd. Page 23 I 1/18~97 Thc sign is not more than eight feet in height above thc lowest center ir, fade of thc arterial roadway. 3. The sign is located no closer than 15 feet to any property line. Thc applicant must submit with the permit application notarized, written permission from the property [owner] where the off-site sign is located. The sign shall only be located within 1,000 feet of the inter~ection of the arterial roadway serving the building, structure, Or rise, Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. Off-premises directional signs shall not be located closer than 100 feet fi'~m another off-premises directional sign. 2.5.5.2.;;.~.13. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motofict$ or occupants of adjacent properties; not be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Sec. 2.5.10. Continuation of nonconforming signs. 2.5.10.3. A non-conforming permanent on-premises or off-premises sign shall not be replaced by another non-conforming sign except that substitution or interchange of letters, p~ p..:-...~ ~.~.a% ^..4: ...... ~.~ .......:~ ................... '~ ................. ~ or~ non- conforming signs shall be permitted through the period of non-conformity established by this code. SUBSECTION 3.E: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 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: Sec. 2.6.35. 2.6.35.6.2. I 1/18/97 DIVISION 2.6. SUPPLE3,1ENTAL DISTRICT REGULATIONS Communication tower~. Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use subject to other applicable provisions of this section, including separate requirements and shared use provisiors. Towers that exceed those specified maximum heights require con( itional use approval. 1. All commercial, business park.~ and industrial zoning districts: Any tower up to 75 feet in height is a permitted use subject to Words :_"--:~ '.?_-:;;i,b, arc deleted, words ~ are added. Page 24 minimum yard requirements. Any tower that exceeds 75 fec~ in height up to a height of 185 fee~ is a lawful use only if pertained or otherwise provided in the respective zoning district and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, V1L MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The minimum separation distance is 2 I/2 times the height of the tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2.7.5. SUBSECTION 3.F: AMENDMENTS TO SUBDIVISIONS D'IVISION Division 3.2.. Subdivisions, oF Ordinance 91-102, as amended, the Collier County, Land Development Code. is hereby amended to read as follows: DIVISION 3.2 SUBDIVISIONS* Sec. 3.2.8 Improvement plans. 3.2.8.4.16. Streets. Pavement samples: The developer shall provide core sarnples of both lhe base course and surface course of the completed public and private roadways prior to preliminary_ _ .a~:,mval. The core samples shall be taken at a maximum of 300 feet intervals and arrangements shall b~: made to immediately replace the areas so removed with materials and construction to conform to the ~. ~ifieafions and to the line and _made of the immediate surroundings' pavement surface. The core samples shall be taken by an approved testing laborato _ry and/or professional en?ineer and certified aa to location taken and thickness measured. A tolerance of IA inch for pavement surface and 'A inch for base course may be accepted. Any devialions more than these tolerances will result in withholding preliminary, acceptance until such time that lhe pavement is brought up to County standards. 3.2.8.4.22. Water management. 11. Plans and specifications. The master drainage plan shall include the drainage plans and details for all lots. a ~,.~:~! I~, A,~: .... .4~*~'1 I..- ................ t, ....... ma:,- ~ uz~t4~ ~ The master drainage plan shall show proposed finished grade elevations at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. Thc crgineer of record prior to final acceptance, shall provide docu, c~entation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 1/18/97 Words ~ are deleted, words ~ are added. Page 25 SUBSECTION 3.G: AMENDMENTS TO EXPLOSIVES DMSION Division 3.4, Explosives, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.4 EXPLOSIVES* Sec. 3.4.7. Permit application review procedures, 3.4.7.1.3. Pre-Blast inspections L Prior to detonation of explosives a list of all pre-blast insgections performed shall be provided to Engineering Plan Review and Inspection Services. Pre-blast inspections are reo. uired for structures if one of the following conditions have been satisfied: The calculated scaled distance of the structure is 150 feet or less from the pendin? blast, as determined by using the following formula: Scaled Distance = D WI/7 Thi~ ratio is used to predict ~ound vibrations and ex,.ual to the distance "D" from the blast to the point of concern divided by the ~uare root of the charge weight ~W'" in .ootmdx of explosives per delay; For all _.types of blasting shall be required within 300 feel of blasting perimeters~ 2. Pre-blast inspections shall be conducted by an ind _ependent seismolo~st vibration en~neer, structural engineer, or their rep. resentative. The pre-blast survey_ irmpection shall consi~ of complete documentation of all visible interior and exterior defects observed at the structure. The inspection docu~ shall be prepared on 8 ~ x 11 or 8 V: x 14 sheet(si ofp .aper. The, dal~on must be indicated on the documentation Interior and/or exterior 35 mm photogyaphs of the struet'ur~ and ikl2ll3fftena, tmex containin_~ defects must be identifiable a.~ to thc' A list of ;xll pm-blast surv .eys shall be received by En~ncerin_¢, Plan Review and In _specfion Services no later than five {51 daF prior to the planned commencement ofblastin?. A location ITtan indicatin_c, the streets and structures involved shall be submitt~ together with this list 3.4.7.1.4. Pre-blast notification: Words ~ are dele*ed, worda tmae'dim.M are added. Page 26 I 1/1 gD7 L 3. The applicant shall notify residents who have not received a pre- blast inspection of the pending blast at least five (5) days prior to the commencement of the initial blast. Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of 150 feet. The v, xitten notification shall describe the blasting which will take place, its effect on the residents, their abilib~l~z~:La_ll!~ blast survey and how to contact the user or his or her representative with any blast related complaints or claims, Property owners shall be ~ven a five (5~ day window to res'po, nd to the availability_ and their desire to obtain a pre-blast satyr. If blasting is suspended in an area for a period of ninety ¢90~ day.'~ or longer, re-notification of all residents within the radius oak ulster for a scaled distance of 150 feet shall be accomplished at least seven (7] days prior to the re-commencement of blasting. Sec. 3.4.10. Issuance. 3.4.10.1.2. Comprehensive general liability (including, but not limited to explosive hazarck collapse hazard, underground property damage, contractual liability) bodily injury, personal injury: $599,O~r~9.rv.m. SI.O00.000.O0 each occurrence and aggregate; property damage:~,vv,vvv...v'rcrmncmt~ $1.000.f7)0.00 each occurrence and aggregate. Sec. 3.4.13. Restrictions for lhe use and handling of explosives. 3.4.13.5. ;:~u!tant ---~' _....:A,_ :':l,city, Blastin~ hermit and limits. 3.4.13.5.1. Worda :...:.::_t. :~...:_.[~ are dclcled, words ~ arc added. Page 27 1 I/I &'97 It shall be unlawful for any per,'~n, to blast, fire. detonate or use any amount of explosive within the territorial limits of the county without first obtaining a blasting permit as hereinafter provided by this $~tlon: provided that in any event it shall be unlawful for any person to blast. fire. detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the _m'ound at the nearest building or structure not owned by the permittee, or at a location identified by the seismologist of record and the Planning Services Director. or desi_maee. SECTION 3.he AMENDMENTS TO DEFINITIONS SECTION Division 6.3. Definitions, of Ordinance 91-102, as mended, the Collier County Land Development Code, is hereby mended to read as follows: DIVISION 6.3. DEFINITIONS Antique stores: Establishments engaged in the retail sales of artifacts, collectibles or ob_iect~ having special value because of their age. especially a work of art or handicraft item that more than lOX) years old. or kcegsakes cherished for their age or association with a per~o.a. 121~e- event or timc~ Pa~¥n shop.,E,_E, stablishments which are willing to provide loans to customers in exchang~ for merchandise which is _typically held as a pledge against the payment of the loan and which are ~l..~es of second-hand or used merchandise, Sign. dircctor~': An on-premises sign of permanent character indicating the name of t,,vo-five or more ~ iml~endenLbusinesses a~ssociated with. or event conducted upon, or products or services offered upon the premises upon which such sign is maintained. This sign may bea free-standing Llmi. c~,_monument or ~und~, awning, or wall sign as other,vise permitted by thi~i C._c~. Such signs may have changeable copy. (See division 2.5.) Sign. roof'. Any sign erected, constructed, or mainlained eider on the roof, -of any S::ilging or more than 18 inches above the roof. of any building. (See division 2.5) Sign. ~vall ~.fuscia ~: A sign affixed in a manner to any exterior wall ora building or structure which is parallel to and projects not more than 1 8 inches from the building or structure wall, and which does not extend &~%v: :h~ more than 18 inches above the roof line lhr..main building or from the point where the roof line intersects the parapet wall on which bt thc sign is located. ~'hichever is more restrictive. ( See division 2.5) Used merchundise stores: Establishments engaged in thc retail sales of second-hand ~lly consisting of household items including clothing, home furnishings~ books and musical instruments. SECTION FOUR: CONFLICT AND SEVERABILITY In thc 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 hy 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. Words :~_.e~_ :F.:egv. h are deleted, words Kallr, LKa.~ are added. Page 28 I 1/18~97 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE Thc 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 ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATFEST: BY: TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICI~CY MARJORIE M. STUDENT ASSISTANT COUNTY AI-fORNEY I Il18/97 Words :~_ ._%-z-.al,k ar~ deleted, words ~ are added. Page 29 APP. D, APP. I COLLIER COUN~'Pr' LAND DEVELOPMENT CODE ZOI"JINO MAP B. MARCO iSLAND AIRPORT /" LDCD: 4 ~. ,-,~-r. , ~,r"~t:..NDIX D - AIRPORT ZONING ZO;.IING MAP C. EVERGLADES AIRPORT APP. D, APP, ; ZONING COLLIER COUNTY LAND DEVELOPMENT CODE. IMMOKALEE AIRPORT LDCD: 6