Backup Documents 12/02/1997 SDec~-her 2, 1997
COLLIER COUNTY
BOARD OF ~ C(]9~SSIONERS
AGENDA
Dec~mher 2, 1997
5:05 P.M.
NOTICE: Ar.r. PERSONS WISHING TO SPEAK ON ANY AGENDA ITE~ MUST REGISTE~
PRIOR TO SPEAKING.
REOUESTS TO ADDP. ESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA I~UST BE SUBMITI~D IN WRITING WITH EXPLANATION TO
T~R COUNTY AI~EENISTRATOI~ AT ?.RAST 13 DAYS PRIOR TO THE DATE
OF THE ~ AND WILL B~ HEARD UNDER "PUBLIC PETITIONS".
ANY PERS(H~ WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL
NEED A RECORD OF THE PROCEEDINGS P~R'fAINING T~r~RETO, AND
T~]~OR~ MAY NEED TO ENSURE THAT A VERBATIM RF_XL~RD OF THE
~ UPO~ WHICH THE APPEAL IS TO BE BASED.
1%r.?. REGI~"&'~, PUBLIC SPF2%KERS W17.?. BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
ASSISTF/) LISTENING DEVICES FOR THE HF_ARING IMPAI~ ARE
AVAILABLE IN THE COUNTY .~,'~4MISSIONERS' OFFICE.
1. /~/OCATION
2. PLEDGE OF ALLEGIANCE
3. AU%'ERTISED PUBLIC HEARINGS - BCC
ao
An Ordinance amending Ordinance 91-102, as amended, the Collier
County Land Development Code, which includes the Comprehensive
Zoning Regulations for the unincorporated area of Collier
County, Florida, by providing for: Section One, Recitals:
Section Two, Findings of Fact; Section Three, Adoption cf
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
Map B, Marco Island Airport, Zoning Map C, Everglades Airport,
Zoning Map D, Immokalee Airport; Section Four, Conflict and
Page 1
December 2, 1997
Severability~ Section Five, Inclusion in the Land Development
Code~ and Section Six, Effective Date.
Second public hearing to be held on Deck--er 17, 1997
Page 2
CoLLIe~ Ccuxy, ftorlck
IEmZST FOI L~GAL )~FEITtSlIIG Of IqlLIC I~IZ~S
11
To: CLerk ~o the Soerd: PleM4 pike the foLLovtni M ,:
(SI~ clear Iy)
Ptttcio~ No. (If none, gi~ t~tef aeacrlptian): GDC-97-2
Petitioner: (#~me&~dcl~ess): Plnnn~n~ ~nrv~n~s D~t. 2800 N. Horseshoa Drive
Naples, Fla.
Hum & ~dress of ~y persoys) :: :)e n~tiffecl ~ Ct.k's Office:
Cl~ ~re s~e ~, zc:~ s~te~t) 3301 E. Tamiami Trail
Nelri~ ~f~e: ~ ~ ~ ~her
N~Mr(s) to
or [fli[(y r~ir~ ~ ~ ~her
9r~ Text: CI~
5DC Amendment (Se~ attached ti:le)
Board of County CD. missioners
List Aero,merits:C1) CZ) (3)
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(m~) 774-84o8 ,
(813) 774-8406
Ti.ma Iont:** //,*~_F---
November 20, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider an Ordinance Amending the
Land Development Code
Dear Judi:
Please advertise the above referenced notice one time on Monday,
November 24, 1997. This advertisement should be no less than
one-quarter page and the headline in the advertisement should be in a
type no smaller than 18 point. The advertisement should not be placed
in that portion of the newspaper where legal notices and classified
advertisements appear.
Kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Sincerely,
Jody Kuehne, Deputy Clerk
Encl.
Acct. No. l13-138312-649100/Planning Services
DECEMBER 2, 1997
BCC Public ~e&=ing
NOTICE OF CONSIDERATION/ADOPTION
AN ORDINANCE AMenDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELO~{ENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, A/)OPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWINGARTiCLE 1, GENERAL PROVISIONS, DIVISION 1.6.
INTERPRETATIONS, ARTICLE 2, ZONING DIVI'ION 2.2. ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5 SIGNS, DIVISION 2.6
SUPPLE~D~NTAL 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 MAP
B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING
MAP D., IM~4OKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION
SIX, EFFECTIVE DATE.
The Board of County Convnlssioners of Collier County, Florida, proposes to
enact the Ordinance amending Ordinance 91-102, the Collier County Land
Development Code by 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, RECIT;tLS; 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 MERCHARDISE STORES, ROOF SIGN, WALL SIGN ~{D
DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPLACING ZONING MAp B.,
MARCO ISLA2~D AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING F~P D.,
IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE LAND DEVELOPMenT CODE; AND SECTION SlX, EFFECTIVE DATE,
which will be effective within the unincorporated area of Collier County,
Florida, and as stated in said ordinance. The unincorporated area of
Collier County is shown on the ~p in this advertisement.
A Public Hearing on this regulation will be held on WEDNESDAY, DECEMBER
2,1997, at 5:05 P.M., in the Board of County Coramissioner~ Meeting Room,
3rd Floor, Building "F," Collier County Government Center, 3301 East
Tamiamt Trail, Naples, Florida. Final Adoption of the ordinance will be
considered at a second public hearing on December 17, 1997.
AIl interested parties are invited to appear and be heard. Copies of the
Proposed Ordinance are available for public inspection in the Current
Planning Section, Community Development Services Center, 2800 N. Horseshoe
Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M
Monday .,
-1-
through Friday. Any questions pertaining to this regulation should be
directed to the Current Planning Section.
If a person decides to appeal any decision made by the Collier County Board
of County Cont~issioners with respect to any matter considered at such
meeting or hearing, he will need a record of the proceedings, and fo: such
purpose, he may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which appeal is
to be based.
f/forms/L45
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
, Deputy Clerk
-2-
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
by the Board of County Commissioners on Tuesday, December 2, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Monday, November
24, 1997.
You are invited to attend this public hearing.
Sincerely,
Jody Kuehne, Deputy Clerk
Encl.
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, Tile COLLIER COUNTY LAND DEVELOPMENT CODE,
WilICH INCLUDES THE COMPREitENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 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 TltE
DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED
MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND
DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY
REPLACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING
MAP C., EVERGLADES AIRPORT, ZONING MAP D., IMMOKALEE
AIRPORT; SECTION FOUR., CONFLICT AND SEVERABILITYI
SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
WHEREAS, on October 30, 1991, thc Collier County Board of County Commissioncrs adopted
Ordinance No. 91-102, the Collier County Land Development Code (hercinafler LDC) , which has been
subsequently amended; and
WHEREAS, thc LDC may not bc amended more than two times in each calcndar year pursuant to
Section 1.19. I., LDC; and
WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, in this calcndar year; and
WHEREAS, on March 18, 1997. the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WI] EREAS, all requirements of Resolution 97-177 have been mcr; and
WHEREAS, thc Board of County Commissioners, in a manner prcscfibed by law. did hold
advertised public hearings on December 3, 1997 and December 17, 1997, and did take action concerning
these amendments to thc LDC; and
WHEREAS, all applicable substantive and procedural requirements of thc law havc bccn met.
NOW, THEREFORE BE IT ORDAINF. D by thc Board of County Commissio,crs of Collier Counly.
Florida, that:
SECTION ONE: RECITALS
Thc foregoing recitals a.'e true and correct and incorporated by rcfcrcncc hcrcin as if fully set forth.
SECTION TWO: FINDINGS OF FACT
are deleted, wotdsunderlined ate added.
Page I
The Board of County Commissioners of Collier County, Florida, hereby makes the following findings
of fact:
I. Collier County, pursuant to Sec. 163.3161, et il{i., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Compreh~msive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of thc Act that the adoption and
enforcement by Collier County of land devclopment regulations for thc total unincorporated area shall be
based on; be related to, and be a means of implementation for, thc adopted Comprehensive P!an as required
by the Act.
4. Sec. 163.3194(1){b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with thc adopted Comprehensive Plan, or clement or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent with
thc adopted Comprehensive Plan, or clement 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 thc usc 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 ct lt~. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(IXa), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3XbL Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
Words -..~-.--~ '.-~:::gh are deleted, words underlinegt ai'e added.
Page 2
I I/20/97
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
1 I. 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 ~uture problen~ 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, comforL 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 n'ansportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within
the jufiMiction of Collier County; and protect human, environmental, social, and economic resources; and
maintain through orderly growth and development, the character and stability of present and future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A: AMENDMENTS TO 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 i.6. INTERPRETATIONS
See. !.6.1. Authority.
The planning services director shall have the authority to make all interpretations of the text of
this code, thc boundaries o£zoning districts on the official zoning atlas, and to make all
interpretations o£ the text of the growth management plan and the boundaries of land use
districts on the future land use map.
The chiefbuilding official shall have the authority to make all inte retat' .
code on matters related to the buildimz code ~-..:,-,: .... .rp ~ons o£the text ol'this
construction administrative code or b;ildi~; ;e"r~'~'~.g permit requ,rements, building
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
Words ameek-41~ are deleted, words lmdertined_ are added.
Page 3
I 1/20/97
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.
See. 1.6.3. Procedures.
1.6.3.1
1.6.3.2.
1.6.3.2.1.
1.6.3.3.
Submission of request for interpretation. Before an interpretation shall be
provided by thc planning services director, or chief building official, whichever
is applicable, a request for interpretation shall be submitted to thc planning
services director or chief building official, whichever is applicable, in a form
established by him. A fcc for the request and processing of the request shah be
established at a rate set by the board o£county commissioners from time to time
and shall be charged to and paid by the applicant.
Determination of completeness. After a request for interpretation has been
received, the planning services director or chief building official whichever is
applicable, shall determine whether the request is complete. If the planning
services director or chicfor 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, whichever is applicable, shall take no further action on the
request for interpretation until the deficiencies arc remedied.
Notification of affected property owner. Where a site specific interpretation has
been requested by a party other than the affected property owner, Collier
County shall notify the property owner that an interpretation has been requested
concerning their property.
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 ligh! 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 atlorney for
legal form and sufficiency. Interpretations made pursuant to Ibis section shall be
rendered within 45 days of issuance of a determination of completeness made
pnrsuant to section 1.6.3.2.
Sec. 1.6.4. Form.
The intcrprelalion shall be in writing and shall be sent to the applicant by ccrlified mail relurn
receipt requested.
See. 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. I. ~o:A- ~ r: .......... :. . .
............... r ....... 31ottce q£mte~.retatlp2t.. The community development
and environmental services administrator shall provide public notification upon
the issuance of an interpretation. For general interpretations o f the building
code.J2omprehensive Growth Management Pla,, or Land Development Code.
winds ~ are deleled, words underline3 are added.
Page 4
11/20/97
notice of thc CcEc interpretation and appeal time-frame shall bc advertised in a
newspaper of general circulation in thc County. For interpretations affecting a
specific parcel of land, notice of the interpretation and appeal time-frame shall
be advertised in a newspaper o~'general circulation, and mail notice of thc
interpretation shall be sent to all property owners within 300 fcct of thc property
lines of the land for which the interpretation is effective.
1.6.5.2.
Effective time limits of an interpretation. An interpretation r~ndered by the
planning 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 interpretati0n is ~opled. modified, or rejected as a result of an
ap~al to the board of appeals and/or the building board of adjus!~
appeals, by the applicant or other individual or entity identified in sec. 1.6.2. of
this code. During the time the interpretation is rendered and the time the
appropriate co4~ is amended, or in the case of an appeal, until such time as ttg
board of zoning ap~als and/or the building board of ~justments and appeals
ha~ rendered its finding, no further r~uest for interpretation regarding the.sang
issue shall be permitted.
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 owneT ora written
interpretation sent by certified mail return receipt requested by the planning services director or
chief building official, or within 30 days of publication ofpublic notice of interpretation, the
applicant, affected properly owner, or aggrieved or adversely affected party_ may appeal the
interpretation to the building board of adjustments and appeals for matters relating to building
and technical codes as shown in division 1.18 or to the board of zoning appeals for all other
matters in this code. For the purposes of this section, an affected property owner is defined a~
an owner ofproperty located within 300 feet of the property lines of the land for which the
intemretation is effective. An ag~m'ieved or affected party is defined as any person or croup of
persons which will suffer an adverse effect to an interest protected or furthered by Ih~Collicr
County Growth Management Plan. Land Development Code. or building codeCsi. As provided
for in Florida Statures. ~ 163.3215(21. the alleged adverse interest may be shared in common
with other members of the communiW at large, but shall exceed in de~ee the general interest
in community good shared by all persons.
A r~uest for appeal shall be filed in writing. Such r~uest shall state the basis for thc apoeal
and shall include any pertinent information, exhibits and other backup informalion in support
of the appeal. 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 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 eonlifl~tntetptt~ff6~. 6~f~t~ffl~it~serviees director or chiefbuildin official.
whtchever ~s appheable, and publ|e test|mony in light of the growth management plan, the
future land use map, the code or the official zoning atlas, or building code related matters,
whichever is applicable. The board of zoning 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 conditions.
or reject his interpretation. The board of zoning appeals or the building board of adjusm~ents
and appeals, whichever is applicable, shall not be authorized to modify or reject thc planning
services director's or chief building officiars interpretation unless such hoard 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.
code, whichever is applicable.
I 1/20/97
Words ::.-..-:~ '..h:.-:.::g~ are deleted, words underlined are added.
Page 5
~u~v~ I lO,Ak, U~I~, DIMENSIL)f4AL STANDARDS DIVISION
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is
hereby ~nended to ~ as follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
See. 2.2.12. Commercial professional district (C-l) and commercial professional
transitional district (C-I/T).
2.2.12.2.
Permitted uses. The following uses, as identified with a number from the
Standard Industrial Classification Manual (1987), or as otherwise
provided for within this section, are permitted as of right, or as uses
accessory to permitted uses in the C-I commercial professional district
and the C-Iff commercial professional transitional district.
2.2.12.2.1.
Permitted Uses.
I. Accounting, auditing and bookkeeping services (8721).
2. Automobile pafi:ing (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 !I, except for homeless shelters);
care units except for homeless shelters; a~! 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.
Offices for Engineering, architectural and surveying services {groups
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 631 i -6399, 641 I ).
I 0. Legal services (8111 ).
1 I. Management and public relations services (groups 8741-8743, 8748).
! 2. Miscellaneous personal services (7291 ).
13. Museums and art galleries (8412}.
14.
Non depository credit institutions (groups 6141-6163).
Wordl ~ ar~ deleted, wotde ~ are added.
Page 6
1/20/97
15. Real estate (group 6531-6541).
2.2.12.3.
16.
Any other commercial use or professional services which is comparable
in nature with the foregoing uses including those that exclusively serve
the adminia~rative aa opposed to the operational functions of a businc~a,
and are purely associated with activities conducted in an office.
Conditional gge~. The following uses are permissible as conditional uses in the
commercial professional/transitional district (C-l, C-l/T), subject to the
standards and procedures established in division 2.7.4.
2.
3.
4.
Civic, social and fi'aternal associations (8641).
Depository institutions (groups 6011-6099).
Educational services (8211-8231).
Health services (8011-8049).
Homeless shelters, as defined by this code.
Increased building height to a maximum of 50 feet.
Mixed
residential and commercial uses subject to the following criteria:
A site development plan is approved pursuant to division 3.3 that
is designed to protect the character of the residential uses and of
thc neighboring lands;
bo
Co
The commercial uses in the development may be limited in hours
of operation, size ofdelivery tracks, ~d type of equipment;
The residential uses are designed so that they are compatible
with the commercial uses;
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-UT 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;
Building height may not exceed two stories;
Each residential dwelling unit shall contain the following
minimum floor areas: efficiency and one-bedroom, 450 square
feet; two-bedroom, 650 square feet; three-bedroom, 900 square
feet;
The residential dwelling un/ts shall be restricted to occupancy by
the owners or lessees of the commercial units below;
11/20/97
Words _---_ :_-~_ ~.:c;;e,L am d~leted, words ~ ar= 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 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
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 commereia! uses; directing commercial lighting
away from r~idential units; and separating pedestrian and
vehicular accessways and parking areas from residential units, to
the greatest extent possible.
Nursing and personal care facilities (8082).
Religious organizations (866 !).
44-10. Soup kitchens, as defined by this code.
~ .LL Veterinarian's office (0742), excluding outdoor kenneling.
Commercial intermediate district (C-3)
Permitted u~es.
Unless otherwise provided for in this section, all permitted uses
of the C-2 commercial convenience district.
Apparel and accessory stories (groups 561 !-5699).
Auto and home supply stores (553 I).
Business services (groups 7311, 7313, 7322-7338, 7361-7379,
7384, 7389 except auctioneering service, field warehousing,
bottle 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 arc
subject to iocational requirements of section 2.6.10.
Food stores (groups 541 !-5499).
General merchandise stores (groups 5311-5390).
Grot,p care facilities (Category ! and II, exccpl 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).
Words s~m~h~nn~.h are deleted, words undo. X]~ are added.
Page 8
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Librariea (8231).
Marinas (4493), subject to section 2.6.22.
Membership organizations (8611-8699).
Miscellaneous repair services (groups 7629-763 i).
Miscellaneous retail (groups 5912-5963, except pawnshops and
buildin~ materialnj :!! ..:::: ~.--..2L~g '::!'&
n~n~mdi~, 5~92-5999).
Museums and att galleries (8412).
Non-depository credit institutions (groups 6111-6163).
Paint, glass and wallpaper stores (523 i).
Personal services (groups 721 I, 7212, 7215, 7216 non-industrial
dry cleaning only, 7221-7251, 7291).
Public administration (groups 911 I-9199, 9229, 93 ! I, 94 i 1-
945 I, 9511-9532, 961 !-9661).
Retail nurseries, lawn and garden supply stores (5261).
Veterinary services (groups 0742, 0752 excluding outside
kenneling).
Videotape rental (7841).
United States Postal Service (4311 except ~najor distribution
Any use which was permissible under thc 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
ofrice purposes consistent with the permiued uses and purpose
and intent statement ofthe district.
2.2.14.3.
Conditional Uses. The following uses are permissible as conditional uses in the
commercial intermediale disa'ict (C-3), subject to the standards and procedures
established in division 2.7.4.
$~.2.2.15.
2.2.15.2.
1 !/20/97
-!~1 I. Vocational Schools (8243-8299)
General commercial district (C-4).
Permitted uses. The following uses, as identified with a number from the
Standard Industrial Classification Manual (1987), or as otherwise
Word~ ~ are deleted, words ~ are added.
Page 9
2.2.15.2.1.
/20/97
provided for within this section, arc permitted as of right, or as uses
accessory to permitted uses in the general commercial district (C-4).
Permitted wes.
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 (groups 7911-794 I, 7991-
7993, 7997, 7999), outdoor (7999), including only fishing piers and
lakes operation, houseboat rental, pleasure boat rental, operation of
fishing boats, canoe rental.
Automotive dealers and gasoline service stations (groups 5511, 5231,
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.
1. 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 wall constructed with a decorative finish,
six feet in height shall be erected along the lot line opposite the
residential district and the lot lines perpendicular to the lot lines
opposite the residential district for a distance not less than 15
feet. The wall shall be located within a landscaped buffer as
specified in section 2.4.7. All walls shall be protected by a
barrier to prevent vehicles from contacting them.
Architecture. The building shall maintain a consistent
architectural theme along each building facade.
Noise. A carwash shall be subject to Ordinance No. 90-17,
Collier County Noise Control Ordinance [Code ch. 54, an. IV].
h. Washing and polishing. The washing and polishing operations
for all car washing facilities, including self-sen, ice car washing
facilities, shall be enclosed on at least two sides and shall be
Words :.'r-':k '.%-:'.:g~ are deleted, words underlined are added.
Page 10
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. Carwashe~ abutting residential districts shall
be closed from 10:00 p.m. to 7:00 a.m.
Building materials, hardware and garden supplies (groups 5231-526 I).
Busine~ services (grour~ 7311-7352, 7359 except airplane, industrial
truck, portable toilet and oil field equipment renting and leasing, 7361-
7397 except armored ear 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 o£ alcoholic beverages for
on-premise consumption are subject to the Iocational 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; 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).
Health Services (Groups 80514059, 8062-8069. 8071-8072 and 8092-
8099).
Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, steamship
leasing), subject to r~ction 2.6.22.
Miscellaneous repair services (groups 7622-7641, 7699 except
agricultural equipment repair, awning ~'pair, 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.
1 !/20/97
Words ......... .'==~., are deleted, words UI~ are added.
Page t I
See. 2.2.16.
2.2.16.2.1
See. 2.2.23.
2.2.23.2.1.
21.
22.
23.
Personal services (groupa 7215, 7217, 7 ....... 7219. 7261 except
crematori~s, 7291-7299).
Real estate (group 6512).
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 S00 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 72i 1-72-I-951. 7291).
Airport overlay district (APO): special regulations for specified areas in
and around the airports in Collier 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:
Airporls
Naples
Marco Island
Everglades
Imrnokalee
PRIMARY ZONE WIDTtl (FEET)
Runway Type Width
! ~ 3 ! 14-32 Other than utility/non-precision instrument 500
4..~5-23 Other than ulility/preeision insWument 1.000
17-35 ~ Uulility/non-precision instrument 500
15-33 Utility/visual 250
9-27 Other than utility/~,m~-precision instr~rnent .-~,O 1.090
18-36 Other than utility/non-precision inslrument 500
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 takeoff area
and is of greater height than the nearest point on the runway centerline.
11/20/97
Words-~..~..'-- L :.¥...~_.~.~ are deleted, wo~ch ~ are added.
Page 12
2.2.23.2.2
Horizontal zone. The ama around each public use airport with an outer
boundary, the p~imeter of which is construcied 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
each arc is as follows:
Marco Island
Eve'glades
Immokalee
2.2.23.2.3.
2.2.23.2.4.
HORIZONTAL ZONE RADIUS (FEET)
Runway Type Radius
.ga-a4-14.32 Other I~m '.~flity/non-I~eCi~le~ frn~'ument 10.000
4-a~23 Other than ufil~lpr~ion ina'mmem 10,000
1%35 ~ Ugflllynon-precision instrurnem f
15-33 Utility/visual 5,000
9-27 O~he~ th~n utility/mm-po.n:ision inslrumem I 0,000
18-36 Other Ihan ufiliBt/non-preclsion instrument I 0,000
4-22 Utility/visual $.000
Horizontal zone height. No structure or obstruction will be permitted in
the horizontal zone that has a height greater than 150 feet above the
airport height, unle~ a Federal Aviation Administration Determination
Of No Hazard To Air Navi~tion 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.
dpproach zone. An area longitudinally centered on the extended runway
centerline 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. The inner edge of the approach zone is the same
width as the primary zone. The outer width of the approach zone is
prescribed for the most precise approach existing or planned for that
runway end expanding uniformly to the following widths:
Naples
Marco Island
Everglades
Immokalee
1
APPROACH ZONE WIDTH (FEET)
Runway Type Width
!.-. 2! 14-32 Other than utility/non-precision instrument 3,500
4-5 O~'het than utility/onn-wecision inslmmont 3,500
g32~ C~her than utility/precision instrurn~t 16.000
1%35 ~ Ul~ility/non-~ecision instrument
15-33 Utility/visual 1.250
9 C~he~ than utilitytmecision in~a'umell! 16.000
· -9-2'/ Othen' Ihan utililyhm~-ptecimton instrument 3,500
Words ~ m'e deleted, wordl ~ are added.
Page 13
N~les
Island
Everslades
lmmokalee
Airports
Naples
Marco Island
Everglades
Irnmokalee
11/20/97
I a Other than utildy/no~-precisio~ instrument 3 ~
~22 ~ilt~ I
Appr~ch zone !~. ~e ~ach ~ne ~t~ for ~e applicable
~~ di~ u foll~s:
APFROACH ZONE LENOTH (FEET)
dpproach 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 iv. ncr
edge as follows:
APPROACH ZONE HEIGHT
Type
O~' than mili~y/no.-pm,.-ision ins~mmmt
Other than mili~y/non-pr~lsio, ins~mmem
Other dmn utilitylpre~isio~ insm~mem
4~
17-35
15-33
9-,3-7
36
~ Uutilily/non-precision in.run.-n!
UfllityMsuaI
Other than ufility/ne~-precision instrumenl
Othe~ than utilitv/nen-_o~.eisie, in~'runx~_t
Other than ufilW/Inon-precision instrurnt~t
O~-v than ulility/visual
.W-idl~Ht~_ehl
34:1
34: I
50: II40: I
20: I
20: I
50:1/40: I
34: I
34:1
20: I
20:1
Precision instrument runway(s). One foot vertically for every 50 feet
horizontally for the first IO,O00 feet increasing to one foot vertically for
every 40 feet horizontally for additional 40,000 feet.
Non-precision instrument runways. One foot vertically for ever 34 feet
horizontally.
Words slm~,4hn~ are deleted, win'ds .ndetlin~l ar~ added.
Page ]4
2.2.23.7.
3. Visual runways. One foot vertically for every 20 feet horizontally.
Exemptions. _
Development of the Marco Shores Golf Course Community that
comports with the location and height requirements of Ordinance 81- ~.
as amended y Ordinance 85 - 56 and Ordinance 94 - 41. is exempted
from the provisions of Section 2.2.23.2. By virtue of the followine:
I An a~eement between Johnson Bay Development Co.rporatiol~,
Collier County Ai_rport Authority. and the Board of County
Commissioner,s,
ii. Prior issuance of a Federal Aviation Administration Determination
Of No Hazard To Air Navigatioll
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 BUFFER/NG
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. 'Die landscape plan shall
~ 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 ~ bear the seal 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
See. 2.5.5. Permitted signs.
DIVISION 2.5. SIGNS
2.5.5.2.
2.5.5.2.1.
Signs within non-residential districts:
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 from the lowest centerline grade of the nearest
.... ~.~ are wot are added.
Page 15
2.5.5.2.~.
2.5.5.2.~.
11/20/97
public or private R.O.W. or easement to the uppermost portion of the
sign structure.
Minimum setback. Ail signs within non-residential zoned districts and as
applicable to non-residential designated portions of PUD zoned
properties shall not I~ located closer than 15 feet from the property line,
unless oth~nvise noted below or as provided for in section 2.1.13.
Real estate sign~: The following signs classified as real ~tate 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~,n~ foursquare feet in size per street frontage for each
parcel, or lot less than one acr~ 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 often acres in size.
Real estate signs shall not be located closer than 15 feet from any
property line. In the case ofundevcloped parcels where the existing
vegetation may not allow the location of thc sign 15 feet from thc
property line, the planning services director may allow a reduction in thc
amount ofthe required setback however, in no case shall said sign be
located closer than five fcct from any property linc unless authorized by
thc board of zoning appeals through thc variance process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any o~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.
Constr~tction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction and
no closer than 15 feet from any properly 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 each front yard for each parcel
in excess of I0 acres in size.
Words .......... t,.. are deleted, words underlined 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 ~imilar company involved with the development, regardless o f
parcel size. (NPR)
All construction signs must be removed prior to the issuance of
certificate of occupancy.
2.5.5.2.~.
On-premise sigms. 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.~.I.
Pole or ground signs. Single-occupancy parcels, shopping centers, office
complexes, business pares, 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 as shopping centers, office
complexes, business parks, or industrial parks containing 25,000 square feet or
more of gross leasable floor area. and ei?.ht or more independent 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 right-of-way,
or easement, unless otherwise noted below or as provided for in section
2. l. 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 ora 15-foot setback from all project boundaries and public
right-of-ways and easement, and their location pr. esents no visual
obstructions, or traffic baT~rds to motorists or pedestrians, unless
otherwise noted below or as provided for in section 2.1.13.
The ! 5-foot setback requirement may be administratively reduced by a
maximum often feet by the planning services director upon submission
of the administrative variance fee and a written requ~t. The planning
services director's decision to reduce the required 15-foot setback shall
be based on the following:
a)
Where it can be demonstrated that within the adjacent right-of-
way the area between the property line and the edge of pavement
is excessively wide and that the actual paved area is unlikely to
be widened to the extent that reduction in the required setback
will result in the sign being any closer than 30 feet to the edge of
pavement;
b)
Where due to the existing site conditions and improvements, it
can be demonstrated that adherence to the required 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,
Words ~ are deleted, words und~l~ed are added.
11/20/97
Pa~e 17
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 2.5.5.2.3.1., 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
thc 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 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 bom any right-of-way.
2.5.5.2.~.2.
Pole or ground signs within regional shopping centers. One pole or ground sign
is permitted for each regional shopping center having a frm,'~age of 150 feet or
more on a public street. Additional pole or ground signs ma f be permitted
provided that there is a minimum ofa l,O00-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.
.1:
1 !/20/97
Maximum allowable sign area: 1 iX) 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, with the exception ofdlrectory signs which may be located
within the medians of private streets or easements, provided that there is
a mmsmum of a 15-foot setback from all project boundaries and public
rights-of-way and easements, 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 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
Words ~ are deleted, words ~ are added.
Page 18
2.5.5.2.~.3.
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 the area between the property line and the edge of pavement
is excessively wide and that the actual paved area is unlikely to
be widened to the extent that reduction in the required setback
will result in the sign being any closer than 30 feet to the edge of
pavement;
b)
Where due to the existing site conditions and improvements, it
can be demonstrated that adherence to the required 15-foot
setback will have a deleterious effect on the safety of use~ of the
site from the perspective of vehicular parting and vehicular and
pedestrian ingress and egress;
c)
Where duc to the nature and location of existing landscape
features and/or specimen trees, it would be prudent to allow for a
reduction in the required setback so as to most appropriately
locate the sign structure; or,
d)
The extent of thc reduction is the minimum amount necessary to
provide relief fi'om 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 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 fight-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. 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 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 fee~ and a front wall length ofmore 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 oftbe 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.
! 1/20/97
Words :~.:':k r.F..-:'-gh are deleted, words llllt;[grdJll~t are added.
Page 19
2.5.5.2.:~.4.
2.5.5.2.~.5.
2.5.5.2.&~.6.
2.5.5.2.~.7.
2.5.5.2.g.~.8.
1 i/20/97
Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not ~xceed 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 thc roofline of the building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs which project over any pedestrian way shall be elevated
to a minimum height ofeight feet above such pedestrian way.
Under-canopy signs. In addition to may 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 are~ 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 requir~nents:
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
atlached to columns and vertical comers 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 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 common architectural design standards,
are encouraged within all PUD zoning districts, and specifically required for
PUDs contain in a commercial component. 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 thn~ non-commercial 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 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 ~e4heo~ are deleted, word~ underlined are added.
Page 20
additional flags may be displayed within a development provided the flags are
not visible to motorists along any fi'ontage roadways. The four internally
displayed flags may be ineressed 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.
All 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 aceessways 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 Ev,!e& fi~sh~ grade. For all other residential zoned
parcels, flagpoles shall not exceed 35 feet in height from the
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 ;t 35 feet in height above .~n!:~ finished grade.
k..i~:v._....~, .... .v ;:'~!:~ :~' =:'z :~=:~M, In all other zoning districts,
flagpoles shall not exceed gO 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~/o of the length of the
pole to which it is affixed.
2.5.5.2.~.9.
Temporary signs. The erection of any temporary sign shall require permitting as
established within section 2.6.33 unless otherwise indicated herein. Applicants
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~.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 permit shall be obtained. The permit number shall
appear on every sign or on the pole supporting the sign. The fee for said
bulk permit shall be as adopted by resolution by the board of county
commissioners.
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.
11 ~otg?
Words :~-':k '.F. rc::;L ate deleted, words underlined 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 feet per sign, and
shall be located no closet 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.
Ali supports shall be ~ecurely built, constructed and erected to conform
with the requirements ofthis 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 feel
Political signs shall be erected not more than 60 calendar days prior to
an election or political evenL and shall be removed within seven
calendar days after the election, event, or after the campaign issue has
be~n decided.
2.5.5.2.3,~.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~.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.~. 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 penn?ted as follows:
2.5.5.2.3~. 10. 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. Automobile service stations. In addition to the signs otherwise permitted by
this code, automobile service stations shall be permitted one changeable
message sign not to exceed ten square feet in area for the purpose of displaying
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 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.~.,~. 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 ~nng4hn~agh are deleted, words ~ are added.
Page 22
I 1/20/97
sign not to exceed six feet in height and 64 square feet in area. Such signs shall
rchire a building permit. For signage to be located along thc Go]den Gate
Parkway, se~ division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gale
Master Plan.
2.5.5.2.~. 1 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:
2.5.5.2.8~. 1 I. 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 15 feet from any property
lines, public or private right, of-way or easement.
2.5.5.2.-3d~.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.-3~.i 1.3. U-Pie signs. One U-Pie sign located at the entrance or date of each 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.
2.5.5.2.8~. 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:
2.5.5.2.~.12.
One wall or mansard, canopy or awning sign shall be permitted for each
principal use structure on the pan:el. 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 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.
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 retiiements 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 ora 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-
faced display area only. Double-faced signs shall not be
permitted.
Words _,~-_-:~ '--~":~:7~, a~ deleted, words ~ are added.
Page 23
11/20/97
The sign is not more than eight feet in height above the lowest
center srade of the arterial roadway.
The sign is located no closer than 1 $ f~et to any property linc.
The applicant must submit with the permit application notarized,
written permission from the property [owner] where the off-site
sign is located.
The sign shall only be located within 1,000 feet of the
interaection of the arterial ruadway serving the building,
Off-pr~mises dire~ional signs shall not be located closer than 50
feet ~ a n:sidentially zoned district.
4. Off-premises directional signs shall not be located closer than
100 feet from another off-premises directional sign.
2.5.5.2.~.13. Illuminated signs. Ail 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 n manner ns 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. 2.5.10. 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, ~-'ezt~.:r ~---::!:, :.-:~ Fai::.::~ be-_'--2_:, :r d!c.-:..c::.-A,,~ on 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.
11/20/97
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Communication towers.
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
usc provisions. Towers that exceed those specified maximum heip_,hts
require conditional use approval.
I. All cornmcrcial,=l~,~,l~ and industrial zoning districts:
Any tower up to 75 feet in height is a permitted use subject to
Words smaob41~,e~h are deleted, words ~ are added.
Page 24
minimum yard requir¢i-aents. Any tower that exceeds 75 feet in
height up to a height of 185 feet is a lawful use only ifpetmitted
or otherwise provided in the respective zoning district and the
base of such tower is separated from the nearest boundary of any
parcel ofland zoned RSF-I through RSF-6, RMF-6, E, RMF-I 2,
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. Cl"he minimum separation distance is 2 ~ times the
height of the tower.) Towers which do not meet the separation
recluir~nent 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, the Collier County Land
Development Code, is hereby amended to read as follows:
See. 3.2.8
3.2.8.4.16.
DIVISION 3.2 SUBDIVISIONS*
Improvement plans.
Streets.
be taken by an approved testin? lahorato _ry and/or profess~IlgJ.~agill~:
and certified as to location taken and thickness measured:
I '
is brought up. to Coun _fy standards~
3.2.8.4.22.
I 1/20/97
Water management.
I 1. Plans and specifications.
The master drainage plan shall include the drainage plans and
details for all lots. ~ .~!:a! '~' ~Z::.:~: .~-,.:~ ~v
.. .~. a ~, ...... ma>' ~-- =zed fc~
~pe64i',~=eese~ 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.
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 responsibility to maintain the system.
Words ~ at~ deleted, worde ~ m'e added.
Page 25
SUBSECTION 3.G: AMENDMENTS TO EXPLOSIVES DIVISION
Division 3.4, Explosive~, of Ordinance 91-I02, aa amended, the Collier County Land
Development Code, is hereby amended to rr. ad as follows:
DIVISION 3.4 EXPLOSIVES*
8ce. 3.4.7.Permit application r~wf~w
3.4.7.1.3. ~ ,.: -'-, - e ~ ~-' .... ,. - r ........ ~"'" !.~: ~t~:..
Pre-Blast in~ectin¢,,
L
Prior to detem,6on of explosives a list of all pre-blast insp. ection.n
performed ~h~ll be .m, ovided to Engineerin? Plan Review ~d
.Inspecfon gervlee~. Pre-blast in.spections are required for
structures if one of the following conditions have been satisfi~l:
The calculated sealed distance of the structure is 150 fee~
or le~ fiorn the .t~nding blasL as determined by using fi, c,
follm~in? forrm, l.~'
Scaled Distance = D
WI/~
This ratio is used to predict _m'ound vibrations and
~ual to the distance "D" bom the blast to the point of
concern divided by the so. ustc mot of the charge weieht
"W" in potmds of explosives per delay;
For al{ _.types of blastin_e shall be r~.uired within 300 fcc4
ofb{astin? perimeters.
Pre-blast ' .mspections shall be conducted bv an independer, t
seismolo~aL vibration en~neer, structural ~.'n_eineer. or thei[
representative. The pre-blast surv~ inspection shall consist
complete documentation of all visible interior and exterio~
defects observed at the structure. The inspection documentatiotl
shall be prepared on 8 ~x Il or8 ~ x 14 sheetfs) ofpaper. The,
date of the in _spection must be indicated on the documentation.
Interior and/or exterior 35 nam photographs of the structure
~purtenanees contalnin? defects must be identifiable as to
location and date talc~tn~
3.4.7.1.4.
A list of all pre-blast surveys shall be received by Engineering
Plan Review and In~.npection Services no later than five (5) day..
prior to the planned commencement ofblastinv. A location ma~
indicatin? the streets and structures involved ~hall be submitted
together with this lisL
Pre-blast notification:
Words ~ ar~ deleted, worde ~ are added.
Pale 26
11/20/97
1.
L
The applicant shall notify_ r~idents who have not received a pre-
blast in .spection of the pending blast at least five (5) days prior to
the commencement of the initial blast.
Notification ~hall be distributed to all properties containing
_structures within a radius calculated for a scaled distance of 150
feet.
The written notification shall describe the blasting which will
take place, its effect on the residents, their shill _ty to obtain a pre-
blast survey and how to contact the user or his or h~
representative with any blast related complaints or claims.
Property_ owners shall be given a five (5) day window to respo, nd
to thc availability, and their desire to obtain a pre-blast survey.
If blasting is suspended in an area for a period of ninety. (90~
days or longer, re-notification of all residents within the radius
calculated for a sealed distance of 150 feet shall be accomplished
at least seven C'/)_ da_va prior to the re.-eommencement of blasting.
Sec. 3.4.10. Issuance.
3.4.10.1.2.
Comprehensive general liability (including, but not limited to explosive
hazard, collapse hazard, underground property damage, contractual
liability) bodily injury, personal injury: $SLY2,~%Y~.~c~2 $1.000.000.00
each occurrence and aggregate; property damage:..~vv,vvv,vve~c~nc~t~
$1.000.000.00 each occurrence and aggregate.
Sec. 3.4.13. Restrictions for the use and handling of explosives.
3.4.13.5. R~::!'."':: __A~. _~:~, .... ,A.:,.. l~lg..~.la~ ~
3.4.13.5.1.
M=imum Ve!ec?,y
ecn:ml!~ 55' th:
preductien ':,'at= '::ell.
9.75 !rick
.... t-,-J .................._ , ......,
Words s~ are deleted~ words ~ are added.
Page 27
11/20/97
It shall bc unlawful for any person, to blast, fire. detonate or usc any
amount of explosive within the territorial limits of the county without
first obtaining a blasting _t~Tnit ~ hereinafter provided by this section:
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 veloci _ty in excess of 0.5 inches per second when
meaanred on the _m'ound at the ne~est building or structure not owned
~ the permittee, or at a location identified by the seismologist of record
and the Planning Service~ Director. or deal?nee.
SECTION 3.h: AMENDMENTS TO DEFINITIONS SECTION
Division 6.3. Definitions, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 6.3. DEFINITIONS
Antique storex: Establi.~hmenta engaged in the retail sales of artifacts, collectibles or ob.leers
having .mecial value bee_ a-se of their age..e~eeially a work of art or handicraft item that is
more than 100 years old. or keepsakes cherished for their age or a~sociafion with a person.
Pawn shops: Establishments which are willing to provide loans to customers in exchange for
merchandise which is _t~. ically held as a pledge against the payment of the loan and which are
~gaged in the retail sales of second-hand or used merchandise.
Sign, directory: An on-premises sign of permanent character indicating the name o f.'wz five or
more p:r'~r.: er independent businesses associated with, or event conducted upon, or products
or services offered upon the premises upon which such sign is maintaindd. This sign may bea
free-standing (oole. monument or ground), awning, or wall sign as otherwise permitted by this
code. Such signs may have changeable copy. (See division 2.5.)
Sign, roof'. Any sign erected, constructed, or maintained either on the roof, cf =ny b::!!ding or
more than 18 inches above the roof. of any buildimz. (See division 2.5)
Sign. wall o~.fascia or parapet: A sign affixed in a manner to any exterior wall of a building
or structure which is parallel to and projects not moro than 18 inches from the building or
structure wall, and which does not extend ~ mor~ than 18 inches above the roof line of
the main building or from the point where the roof line intersects the parapet wall on which i4
the si_tn is located, whichever is more restrictive. ( See division 2.5)
Used merchandise stores: Establishments 'engaged in the retail sales of second-hand
merchandise typically consisting of household items including clothing, home furnishings.
I:l~oks 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 by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
I I/20/97
Words :~.::~ -'Ycr.;:g~ are deleted, worda ~ are added.
Page 28
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shsll become and be made a part of thc 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.
SEC'I'ION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Deparm~cnt of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of ,1997.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Tn~ L. HANCOCK, CHA~
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
1 !/20/97
Wolds ~ a.~ deled:d, words !I~ are added.
Page 29
Collier County
To:
Re:
From:
Bob Mulhere
Landscape Architect Signing arid Sealing of Landscape Plans
Nancy~iemion
Date: November 3, 1997
Landscape Architects sign and ~ planting plans submitted as part of SDP review.
It is important to note only commercial, large scale rcaidential subdivisions and
multifamily are subject to SDP review. Single family, two family and mobile home
dwelling units are exempt from this requirement.
certification (registration) requirements. O~r'e~tY mlnimtm~ code l~mciscape plans
require a professional who has knowledge of site planning, drainage as well as
public health, safety and welfare issues.
2. In reference to the State exemption allowing property owners to prepare
their ow,~ landscape plans, it is important to note that professional knowledge is
needed to prepare landscape plans. (Again as it pertains to commercial, residential
November $. 1997
subdivisions and multifamily projects submitted for SDP review). It has been
demonsn'atcd that persons who do not have minimum knowledge of'landscaping
require ,:x~ensive time learning the code (they will not learn it on a one time
submittal of their property). Ultimately the county Landscape Architect is put in a
position of telling the property owner what to do; this crosses the line of reviewing a
project and becomes design of the project. The county is not only subject to
liability issues but is also using tax payer dollars to help pr:pare a plan that should
be financial responsibility of the property owner.
3. In reference to the State exen'~ption allowing Nurserymen to "engage in the
preparauon of plans or drawings as an adjunct to merchandising his product" again,
minimum knowledge of landscape design and our codes are necessary. Currently,
there is no method of determining (other than Landscape Architectural registration)
which nurserymen have knowledge beyond the production of plants. Some
nurserymen in our county such as Squares Nmsery have Landscape Architects on
staff or team up with registered Landscape Architects. Other nurserymen such as
Wayne Hook of Green Heron Landscapes have obtained landscape architectural
licensurc.
4. From a county staffing standpoint, curr~tly we have only one individual
reviewing plans fo; minimum code compliance. Due to the high volume of
submittals, it is important that the landscape plans submitted be at a minimum level
of sufficiency in order to be processed in a timely fashion. Landscape plans that are
not prcpared by a Registered Landscape Architect typically do not to meet code and
require extensive review time.
5. Collier County is a place where the .'q~ common denominator" is not
acceptahle. For example, the county requires a building architect to sign and seal
architectural plans for commercial projects. As such we should continue to expect a
Landscape Architects' seal on landscape plans. Lee County is an example of a
county that does not uphold minimum standards and it suffers because of it.
It is for the above I.e~that it'~s ~rtant thai we uphold our current requirement
o~'~'Landscape Plan "beating the ~al of a landscape amhitect registered in the State
of Florida."
END OF .MEMORANDUM
nl~, m,. ,h,,"., '::s I.andscal~ ArchilecLs S&S/9-22-97
'O.'a~ nc .
LANDSCAPE CODE REVIEW TASK FORCE
MINUTES OF MEETING
May 29, 1996
PRESENT:
Nancy L. Siemion. Landscape Architect
Kimberly Polen, Environmental Specialist
Kevin Dugan, Environmental Specialist
Mike Kirby, Environmental compliance Investigator
OTi~RS PRESENT: George Bother, Landscape Architect
George Fogg, IBIS
Sid Showalter, Showalter Landscaping & Irrigation
FROM: Nancy L. Siemion,{~dscape Architect
1. Pruning Standards- by Mike Kirby
Mike Kirby requested that we continue to reference in our Landscape Code the National
Arborists Association Pruning Standards for Shade Trees (Revised 1988) instead &adopting
the more recent 1995 standards. The reason for this is that the newer standards are not
enforceable. Sid Showalter motioned that we reference the 1988 standards in our code.
George Fogg seconded. Unanimously approved.
2. Landscape Maintenance Issue- by Mike Kirby
Nancy Siemion shall meet with county attorney to find a legal way to make landscape
maintenance people be trained. George Bother stated that adequate code enforcement
is necessary. Nme)' Siemion is to contact Crsil Borman regarding mandating proper
3. Greenspace Definition: by Nancy Siemion
Nancy Siemion bought a recent project involving greenspace to the Task Force's attention.
She requested that greenspace be redefined. The Task Force agreed the "Greenspace" section
of the code is fine as it is. It was agreed by all that landscape islands do not count towards
greenspace. Cn'eenspace is intended to separate vehicular use areas from the building and to
be used for employee picnic areas and outdoor seating areas for public.
George Bother recommended that a Landscape Code Review Board be established to
address those projects that have conflicts. Nancy Siemion suggested that high profile
projects be reviewed for design as well.
END OF MEETING
cc: Landscape Code Task Force List
NI.~ew~.'~fa~ Coda Task Fo~e :5/29/96 Minu~ea ~
The Difference Betw=cn Lar~;ce~e Plans Pre-n~-red as an Adjunct to
Merchandising a ProduCt' ~nd Those Preoared as Part
of the SDP Process
~lerchandisina Plans
Plans prepared as an adjunct to merchandising plant material are typically graphic
representations used to sell a landscape product ( i.e., plants) to a homeowner. By law, they
cannot be done for a fee and, basically, cannot be dona separately from the nursery function
of selling plants produced by the nursery.
Landscape Plans submitted to Collier County as part of the SDP process ara very technical.
These plans must address drainage and utility easements. Landscape plans may show
topography that affects overall site drainage systems. Existing on-site vegetation may either
be required to be preserved or appropriately mitigated. Design of specific outdoor areas
required by County commercial guidelines effect the siting of buildings and parking areas. In
addition, construction (planting) details are required by County code.
Landscape plans must address public health, safety and welfare issues. These issues include,
but are not limited to, handicap accessibility requirements, hazardous plants (slippery fruits,
shallow roots adiacent to sidewalks, we~k wooded trees that break up in a wind storm, and
poisonous plants) and appropriate consideration of landscaping so that it does not block the
line of vision from vehicles, bicyclists and pedestrians.
The preparation of landscape plans also requires a detailed knowledge of plant material
including its survivability (salt tolerances, cold tolerances, invasiveness, xeriscape
requirements and growth habits).
Plans must also be accurately drawn to scale, contain landscape code calculations, and a
complete plant list.
Ro: E~imm~ To yo~ i~Xlm~ ~ Historical P~q~x~i~ of Coll~ County
ORIGIN: Community Development & Environmental Services
AUTHOR: Bob Mulhere, AICP; Marjorie Student, Assistant County Attorney; Nancy L.
Siernion, L. A.
DEPARTMENT: County Attorney/Planning Services
LDC PAGE: Page 2.138
LI)C SECTION: 2.4.3.1
CHANGE: Amend Section 2.4.3.1 which contains req~ents for landscape plans.
REASON: In October of 1996, as part of a comprehensive review of thc Collier County
Landscape Code, staff submitted for consideration by the Board of County Commissioners, an
amendment to Section 2.3.4. which then required that landscape plans required in conjunction
with Site Development and Subdivision plans (except for one and two family residential) be
s/gned and sealed by a landscape architect, or otherwise be prepared by persons authorized to
prepare landscape ph.x~s or drawings for submittal to government entities as outlined in Florida
Statutes. The change recommended at that time, as a result ofthe ad hoc committee rex4ew of
the landscape code, and supported by the Development Services Advisory Committee, the
Planning Commission, and ultimately the Board, was to strike through the reference to other
persons authorized to prepare landscape plans, and to requ/re that a signed and sealed plan be
submitted in conjunction with all SDPs (excluding one and two family projects). Staffs position
was that such plans, as requh'ed by the LDC, are complicated and require an in-depth knowledge
of specific plat materials, micro-climates, irrigation design and specifications, and interaction
with the engineering and architectural professionals so as to result in a coordinated and
complimentary site design. Such plans may show topography which affects the overall site
drainage. ExistinE on-site vegetation may either be preserved or appropriately mitigated. Design
of specific outdoor areas required by the County's commercial architectural standards may affect
the siting of buildings and parle, lng areas. Landscape plans are required to prox4de details on
methods ofpreservat/on and construct/on (planting). It has been the collective experience of the
two landscape architects employed by the County, Mr. Joe Delate, ASLA and Ms. Nancy
Siemion, ASLA, that the quality and consistency of plans submitted beating the seal and
signature ora landscape architect is significantly higher, and that considerably less staff
oversight and rex4ew is necessary for plans besxing such a seal.
The County has a minimum landscape code in order to protect and promote the public health
safety and welfare, as well as the aesthetics ofthe built environment in Collier County. As
stated, such plans can be very detailed and complex and require a combination of education,
training and experience. Both the State and the County have identified licensure and registration
as a landscape architect as a measure of defining the necessary combination of education,
training and experience to prepare or supervise and review the preparation of such plans.
Mr. Raymond C. Pellefier, President of Ray's Lawn and Garden submitted correspondence and
information to staff'regarding the requirement in the LDC that landscape plans submitted to the
County for review in conjunction with a Site Development Plan be signed and sealed by
registered landscape architect. Mr. Pelletier contends that the State statutes provide for an
exemption for licensed nurserymen. The County Attorney's Office, after reviewing the
information submitted by Mr. Pelletier, as well as the applicable statutes, opined that the County
could require that such plans be signed and sealed by a registered landscape architect. The
County Attorney's Office further opined the exemption in the State Statutes under Chapter
481.329 (5) applies only to "the preparation of plans or drawings as an adjunct to merchandising
of his product", namely nursery stock. Landscape plans required as part of the County's Site
Development Review Process are different form plans prepared as an adjunct to merchandising
nursery stock.
The County Attorney's suggested that, for the purpose of clarity, thc words "be prepared by and"
be struck through. At the first CC'PC heating, the Planning Commission supported the concept of
requiring a landscape architect's signature and seal on such plans, but recommended the
language in thc Code be amended to read as follows: Thc landscape plan shall be prepared or
re~ew~ by and bear the seal ora Landscape Architect registered in the State of Florida.
At the November 25, 1997, CCPC hearing, after listening to comments by several members of
the public, the Planning Commission voted (4-3) to recommend amending Section 2.4.3. from
the current language to read as it did prior to the change made last year. Both the staff
recommendation and the CCPC recommendation are provided below for the Board's
consideration.
It should be noted that thc requirement to submit a signed and sealed landscape plan does not
apply to single-family, duplex or mobile home development, nor does it apply to Site
Improvement Plans. In calendar year 1996, 2705 approvals were granted for single-family
homes, duplexes, mobile homes, and Site Improvement Plans. During that same year, 201 Site
Development Plans were rtwiewed. Thus, of the total permits reviewed that have a required
landscape element, only 7% fell in the category requiring the landscape architects seal and
signature. In calendar year 1997, through November, 8% of the permits reviewed which have a
required landscape element required the signature and seal of a landscape architect (234 of a total
of 2,755 permits reviewed).
Additionally, a staff analysis of the number of reviews required prior to approval of a landscape
plan reveals that the number of reviews has decreased with requirement that landscape plans
submitted in conjunction with an SDP be signed and sealed by a landscape architect. In 1996,
60% of the landscape plans submitted ~ signed and sealed by a landscape architect.
During that year, 29% of landscape plans submitted were approved on the first submittal. That
number increased to 43% in 1997 when landscape plans were required to bear the seal and
signature of a landscape architect. Additionally during 1997, the number of plans requiring
three or more submittals prior to approval decreased by 50% (75 plans required three or more
reviews in 1996 versus 36 plans in 1997).
FISCAL & OPERATIONAL IMPACTS: This proposed change may ,,,,,ill not have a fiscal
impact to Collier County. However, landscape plans that are not reviewed (signed and sealed)
by a Landscape Architect do require additional stafftimc to review as they typically do not meet
minimum code requirements. This does have a fiscal impact as substantially more time is
required to rc-wiew such plans.
NOTE: The Development Services Advisory Committee reviewed this proposed amendment
and supported the amendment as proposed by staff.
RELATED CODES OR REGULATIONS: None.
Staff recommendation to amend the LDC as follows:
Sec. 2.4.3. Procedure~
2.4.3.1.
Landscape plan required. Prior to thc issuance of any preliminary
subdivision plat, final sitc 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~pt~t--~' =.-.d bear the seal of a Landscape
Architect registered in the State of Florida~ The landscaping required for
single-family, mo-family, and mobile home dwelling units, shall be
shown on the building permit plot plan end .'ri:..:-_. -'--r._. is not required to be
prepared by emi nor bear the seal of a landscape architect.
Planning Commission Recommendation to the Board to amend thc LDC is as follows:
2.4.3.1.
Landscape plan required. Prior to the issuance of any preliminary
subdivision plat, final site development plan, or building po'mit, an
applicant whose development is covered by the requirements of this
section shall submit a landscape plan to the planning services director.
The landscape plan shall be prepared by and bear thc seal of a landscape
m'chitect registet~ in the State of Florida .or otherwise be pr~_ ared by
.ocrscms snd~ori~,d to _m'e~_ ere lnndse _.n~e .~Isns or drawings for submittal to
government entities as outlined in F.S. ch. 481. pr. Il (F.S,_~I~.0.1_~
sea_.) (I.nnthen~_ Archltecturel. The landscaping required for single-
family, two-family, and mobile home dwelling units, shall be shown on
the building permit plot plan ~ ~ is not required to be prepared
by and nor bear the seal of a landscape architect.
IriS/c/my doc's/LDC 2.4.3.1/9-22-97