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Ordinance 2006-07 Recitals " ;; WHEREAS, on October 30, 1991, the Collier County Board; of COunty Commissioners adopted Ordinance No. 91-102, the Collier County Land Dl:litelopment Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superceded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and Page I of 42 Words slnwl; tl1rol,J(:11 are deleted: words underlined are added WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment to the LDC for the calendar year 2005; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on January 11, 2006 and February 8, 2006, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management , Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. S 163.3161 at saq.), and F.S. S 125.01 (1 )(t) and (1 )(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, S 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. Page 2 of 42 Words stnlek tl1rollgl1 are deleted; words underlined are added 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1 )(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. 7. Section 163.3194(1 )(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. Page 3 of 42 Words strlJek tl1rolJgl1 are deleted; words underlined are added 11 . Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, . recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to 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 SECTION 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS Section 1.04.04 Reduction of Required Site Design Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.04.04 Reduction of Required Site Design Requirements * * * * * * * * * * * * A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. 8. ~Jo lot, oven tholl€!h it may eensist ef ene or more aEljaeent 10ls ef resard, or yard elElstiR€! at tRe effoslivo dato of this lOe sRall thoreafter Be reallcoa in sizo, diR'leRsien, or area below tho R'liAiR'lllm rSElllireR'leAts set forth Ref-eiR, elleopt by reason ef a flertion BeiA€! acquired for pllBlic use in any R'lanner, iflslllding aeaication, condemnation, flllrshase and Ihe liI(e. yards, let area, ana let dime AS ions realleea in this mannor, may Be rodw:led By the same aR'lount involvod in tho dedication, eondoR'lAation, purchaso or similar motl:loe of aeElllisitioA, Bllt shall not f-oslllt in a front yard loss than tOA (10) foot iA eopth. lots or yares sreatod aftor tho offoetivo dato of this lOe shall moet at loast tho miAimllm roEllliromonts establishod herein. Page 4 of 42 Words stmek tl1rough are deleted; words underlined are added e. ReEllliroe off street parking assorein!ij to tho roquiromonts of this LDe shall not bo roducod iA ama or changod to any othor uso un loss tho pormitto9 or pormisE:ible UE:O that it sorVOE: is discontinuod or modifiod, or oquivalont roquirod off stroot parking iE: provided mooting tho roquiromontE: of thie: LDe. B. Minimum standards: nonconformities created by public acquisition. 1. All lots or yards created after the effective date of this Code must comply with the requirements then established bv this Code. 2. No lot. even thouqh it may consist of one or more abuttina lots of record, or yard. existinq at the effective date of this Code or lawfully existinq on the effective date of applicable amendments to this Code shall thereafter be reduced in its deqree of compliance. includinq its size, dimension, or area, below the minimum requirements then set forth in this Code, except by reason of a portion thereof beinq acquired for public use in any manner, includinq dedication. condemnation, purchase, and the like. a. Required yards on improved lots, lot area. lot coveraae on improved lots, and lot dimensions rendered nonconforminQ or more leqally nonconformina as a' result of beinq acquired for public use. may be reduced by the same dimension, area, or amount involved in the dedication, condemnation. purchase, or similar method of acquisition for public use, but shall not result in a front yard of less than ten feet (10') in depth. Accordinqly, the resultinq deqree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements will be deemed lawful unless or until the remaininq lot or yard is recreated, tvpically by re-development. re-plat or lot re-combination. at which time such lots and yards must comply with the requirements then established by this Code. Further, no conforminq lot otherwise qualifvinq for a lot split or lot line adjustment pursuant to Sec. 10.02.02. B.8: 10.02.02. B.12, 1.04.04 or 9.03.03.A.5 may be denied such approval solely on the qrounds that the resultinq lot or lots would be less than the required minimum area for such lot(s) in the applicable zoninq district as a result of acquisition, from [the effective date of this ordinance]. b. Other existinq site related leqal nonconformities. includinq those rendered more nonconformina as a result of acquisition for public use and which pertain to this Code's or other county code requirements, such as, but not limited to, stormwater manaqement, landscapinq or buffers. preserves, on- or off-site parkinq, architectural desiqn standards, etc., will be deemed leqally nonconforminQ, and all such resultinq nonconformities may be allowed to remain so nonconforminQ, unless or until the remaininq lot or yard is subsequently re-created or re-developed. at which time such site related nonconformities and development must comply with the then existinq requirements of this Code. c. In those circumstances where acauisition for public use of a portion of a lot or yard would result in one or more nonconformities that would require approval of a development order or permit in order to implement the terms of the acquisition. Le.. in order to cure or remedy the effect of an acquisition. ie.a.. an SOP or buildina permit reauired to relocate a prior existinq buildinQ), the County manaaer, or desiqnee. is authorized to approve such development order or permit so lonq as any prior existinq leqal nonconformity of the tvpe set forth in b. above would not be increased. Page 5 of 42 Words struek tl1rollgl1 are deleted; words underlined are added 3. This section may be applied to those acquisitions occurrinQ prior to the adoption of this ordinance so 10nQ as the purchase or dedication of the property has not closed, or the condemnation proceedinQ relatinQ to the property acquired has not reached final disposition. C. Other than provided for immediately above. required off-street parkinQ shall not be reduced in area or chanqed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parkinQ is provided meetinq the requirements of this LDC. SUBSECTION 3.B AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * ' * * * * * * * Conservation Collier lands: Lands acquired by Collier County. whether held in fee or otherwise. under the Conservation Collier Proqram for the purposes of conservation, preservation and provision of public qreen space. * * * * * * * * * * * * Floor area ratio (FAR): A means of measurement of the intensity of building development on the site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross a land area. See Figure 5. The Qross floor area of a buildinq clearly desiqned for a parkinq facility shall not be included in the floor area ratio calculation. * * * * * * * * * * * * Restaurant. drive-throuah: A fast food facilitv with one or more drive-throuqh lanes where food is ordered throuqh a speaker phone and a menu board located in the drive-throuqh lane. This type of facility has no indoor seatinq or food orderinq but may have walk-up windows and/or outdoor seatinq. Restaurant. fast food: An establishment where food is prepared and served to the customers in an ready to consume state for consumption either within the restaurant buildinQ, outside the buildinq but on the same premises. or off the premises and havinq anv combination of two or more of the followinq characteristics: a. A limited menu. usuallv posted on a siQn rather than printed on individual sheets or booklets; b. Self-service rather than table service by restaurant employees: c. Disposable containers and utensils; d. A kitchen area in excess of 50% of the total floor area; or e. A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purposes of this Land Development Code. Page 6 of 42 Words sImek tl1rollgl1 are deleted; words underlined are added Restaurant. sit-down: A restaurant where food is ordered from a menu normallv while seated at a table, and where table service is provided. Cafeterias are deemed sit-down restaurants for the purposes of this Land Development Code. Restaurant, walk-up: A fast food facilitv with one or more walk-up windows. This tvpe of facilitv has no indoor eatinq or drive-throuqh windows, but may have outdoor seatinq. * * * * * * * * * * * * Sian. abandoned: Anv siqn or siqn structure expresslv installed for the purpose of affixinq a siqn which bears no siqn or COpy for 90 consecutive days or more; or for a period of 90 consecutive davs or more, displavs information which incorrectlv identifies the business, owner, lessor, or principal activity conducted on the site; or which throuqh lack of maintenance. becomes illeqible or nearlv so; or is in a state of disrepair. Siqns displavinq an "available for lease" or similar messaqe or partiallv obliterated faces which do not identify a particular product, service, or facilitv, shall be deemed abandoned. (See section 5.06.00.) Sian, activated: Anv siqn which contains or uses for illumination any liqht, Iiqhtinq device, or liqht which chanqe color. flash. or alternate; or chanqe appearance of said siqn or any part thereof automaticallv; any siqn which contains movinq parts as part of its normal operation. such as rotatinq siqns, shall be considered an activated siqn. (See section 5.06.00.) Sian. advertisina: A siqn directinq attention to a business. commoditv, service, or entertainment conducted, sold or offered, either on-premises or off-premises. (See section 5.06.00.) Sian. alterations: Anv substantial improvement to a siqn, but shall not include routine maintenance, paintinq or chanqe of copy of an existinq siqn. (See section 5.06.00.) Sian. animated: Anv siqn which included action. motion, or the optical illusion of action or motion, or color chanqes of all or any part of the siqn facinq, requirinq electrical enerqv, or set in motion bv movement of the atmosphere. (See section 5.06.00.) Sian. area: The area of a siqn is the entire area within the periphery of a reqular qeometric form or combination of reqular qeometric forms comprisinq all of the displav area of the siqn and includinq all the elements of the matter displaved. The siqn area shall include the aqqreqate siqn area upon which the copy is placed and all parts of the siqn structure that bear advertisinq matter or are constructed in such a manner as to draw attention to the matter advertised. Siqns consistinq of detached letters shall also be measured as defined above. (See section 5.06.00.) Sian, awnina (aka canopv sian or marauee sian): A siqn suspended from or formina part of a shelter supported partiallv or entirelv for the exterior wall of a buildina or structure. (See section 5.06.00.) Sian. banner: A temporary siqn such as used to announce open houses. qrand openinqs or special announcements. (See section 5.06.00.) Sian. billboard: Anv sian structure advertisina an establishment. merchandise. service, or entertainment. which is not sold. produced. manufactured. or furnished at the propertv on which the sian is located. (See section 5.06.00.) Sian. bulk permit: A permit issued for any number of political sians. (See section 5.06.00.\ Page 7 of 42 Words struek throllgl1 are deleted; words underlined are added Sian. bulletin board: A board for postino notices such as those found at a school, church or other civic oroanization. (See section 5.06.00.) Sian, canODV: (See Awnina, sian.) Sian. chanaeable CODY: Any permanently enframed sian illuminated or not which is principally devoted to and desioned for chanoeable text and oraphics, includino electronically controlled public service, time, temperature, and date sions, messaoe centers, or reader boards. (See section 5.06.00.) Sian, Construction sian: A sian erected at a buildino site that displays the name of the proiect and identifies the owner. architect, enoineer, oeneral contractor. financial institutions and other firms involved with the desion or construction of the proiect. Sian, COD V: The letters, text. or other oraphics which compose the messaoe displayed upon the sian surface area. (See section 5.06.00.) Sian. directional: An on-premises sian oivino direction, instructions, or facility information such as parkino or entrance or exit sions. and which may contain the name, 1000, service or activity of an establishment. (See section 5.06.00.) Sian. directory: An on-premises sian of permanent character indicatino the name of five or more independent businesses associated with, or events conducted upon. or products or services offered upon the premises upon which the sian is maintained. This sian may be a freestandino (pole, monument or around), awnino, or wall sian as otherwise permitted by this code. Such sions may have chanoeable copy. (See section 5.06.00.) Sian. double-faced: A sian havino two displav surfaces, displavino the same COpy on both faces. which are parallel and back-to-back and not more than 24 inches apart. Double-faced sions shall be measured by only one side if both sides are advcrtisino the same business, commodity, or service. (See section 5.06.00.) Sian, electric: Any sian containino electric wirino, but not includino sions illuminated by exterior Iioht sources. such as f1oodliohts. (See section 5.06.00.) Sian. entrance or aate {a/Wa subdivision sian):Any community entry sian which is desioned to identify a subdivision or neiohborhood. includino but not limited to industrial and commercial parks. multifamily proiects, and sino Ie-family residential development. (See section 5.06.00.) Sian face: The area. display surface. or part of assion on which the copy of messaoe is placed. (See section 5.06.00.) Sian. flashina: A flashino sian is an activated sian on which any electric liohtino bv anv device is either alternated on and off or raised and lowered in briohtness or intensity. (See section 5.06.00.) Sian. freestandina: (See Pole sian.) (See section 5.06.00.) Sian, around (aka monument sian): A sian. eight (8) ft. in heioht or lower which is independent of support from anv buildino. that is mounted on freestandino poles or other supports. and shall include a pole cover that is between fifty (50) percent and one hundred (100) percent of the overall sion width. Page 8 of 42 Words sImek tl1lOllgh are deleted; words underlined are added Sian, Holidav decoration: An ornate embellishment placed specificallv for the purpose of celebratina a specific holidav. holidav event or holidav season. Sian. identification: A sian which contains no advertisina but is limited to the name, address. and number of a buildina, institution. or person and the activity carried on in the buildina, institution, or the occupation of the person. (See section 5.06.00.) Sian, illuminated: An illuminated sian is on which either: (a) provides artificial Iiaht throuah exposed bulbs. lamps, or luminous tubes on the sian surface; (b) emits Iiaht throuah transparent or translucent material from a source within the sian: or (c) reflects Iiaht from a source intentionallv directed upon it. (See section 5.06.00.) Sian, inflatable: Anv obiect made of plastic, vinvl. or other similar material that. when inflated with aas or air, represents. advertises, or otherwise draws attention to a products. service, or activity. (See section 5.06.00.) Sian. mansard: Anv sian which is attached to a mansard-style roof with the face parallel to the structure to which it is attached and which does not project more than 18 inches from such structure, or above the roofline. Mansard sians shall be considered wall sians.'(See section 5.06.00.) Sian. marauee: (See Awnina sian.) (See section 5.06.00.) Sian. monument: A detached sian tvpicallv containina desian elements such as a base columns, borders, toppers or caps, and a sian cabinet occupvina at least two-thirds of the total sian area. (See around sian) Sian, nonconformina: Anv sian or advertisina structure lawfullv in existence with Collier County on the effective date of this Code, which bv its heiaht, area, location, use or structural support does not conform to the reauirements of this Code. This definition shall not be construed to include sians specificallv prohibited bv this Code. (See section 5.06.00.) Sian. off-premises: (See Billboard.) (See section 5.06.00.) Sian. on-premises: A sian containina COpy relatina on Iv to the principal leaallv licensed business, proiect. service or activitv conducted or sold on the same premises as that on which the sian is 10cated.(See section 5.06.00.) Sian. outdoor advertisina: (See Billboard.) (See section 5.06.00.) Sian. Pennant: A piece of fabric or material which tapers to a point or swallow tail. which is attached to a strinq or wire, either sinaularlv or in series. Sian. permanent: A sian which is affixed to a buildina or the around in such a manner as to be immobile. (See section 5.06.00.) Sian. pole: A sian. eiaht (8) or more ft. in heiaht which is independent of support from anv buildina. that is mounted on freestandina poles or other supports. and shall include a pole cover that is between fiftv (50) percent and one hundred (100) percent of the overall sian width. (See section 5.06.00.) Sian. political: Anv sian which states the name and/or picture of an individual seekina election. or appointment. to a public office. or pertainina to a forthcomina public election. or referendum pertainina to or advocatina political views or policies. (See section 5.06.00.) Sian. Dortable: Anv sian which is desianed to be transported. includinq bv trailer or on its own wheels, even thouah the wheels of such sians mav be removed and the remainina chassis or support constructed without wheels is converted to an A or T frame sian. or attached temporarilv or permanentlv to the around since this characteristic is based on the desian of such sian. It is Page 9 of 42 Words strl;lsk tl1rol;lgl1 are deleted; words underlined are added characteristic of such a portable sion that the space provided for advertisino matter consists of a chanoeable COpy sion. (See section 5.06.00.) Sian, proiectina: Any sion which is attached to, and which proiects, more than 18 inches from the outside wall of any buildino or structure, excludino wall, marouee, and canopv sions. (See section 5.06.00.) Sian. Proiect Identification Sian: Shall mean a sion which provides identification or recoonition of a development only, individual tenants or outparcels are not permitted to use this type of sionaoe. (See section 5.06.00.) Sian. public service: Any sion intended to promote primarily a public purpose includino items of oeneral interest to the community welfare. It may also refer to a sion desioned to render a public service such as. but not limited to, time and temperature sions. (See section 5.06.00.) Sian. real estate: A sion which advertises the sale. lease. rental, or development of the property upon which it is located. (See section 5.06.00.) Sian, residential identification: A sion intended to identify a residential subdivision or other development. (See section 5.06.00.) Sian, revolvina (a/k/a rotatina sian): Any sion so erected or constructed as to periodically or continuously chanoe the direction toward which any plane containino the display surface is oriented. (See section 5.06.00.) Sian, roof: Any sion erected, constructed, or maintained either on the roof, or more than 18 inches above the roof of any buildino. (See section 5.06.00.) Sian, safetv: A sion used only for the purpose of identifyino and warnina of danoer. or potential hazards. (See section 5.06.00.) Sian, snipe: tree, fence POst, 5.06.00.) A sian made of any material and attached to a utilitv pole, stake. stick, mailbox. or any similar obiect. (See section Sian. special puroose: Directional, safety. and other sions of a noncommercial nature. (See section 5.06.00.) Sian structure: Any structure which supports or is capable of supportino any sian. Said definition shall not include a buildina to which a sion is attached. (See section 5.06.00.) Sian, temporarv: A sion intended to advertise community or civic proiects. construction proiects. or other special events on a temporary basis. for a desionated period of time. (See section 5.06.00.) Sian. V-pic: A sion describino a farm where the customer picks or purchases the produce directly from the premises on which they are orown or produced. (See section 5.06.00.) Sian. V-shaped: Two sinole-face freestandina sians that are constructed in the form of a "V" when viewed from above. provided the internal anole at the apex is not more than 90 deorees. and the two faces are not separated by more than six inches at the apex and displavino the same copv on both faces. (See section 5.06.00.) Sian. vehicle: Anv sion affixed to a vehicle other than a license plate. or other identification re~uired for access to restricted parkino areas. a reoistered 1000. trademark. or service mark. (See section 5.06.00.) Page 10 of 42 Words stmek lArollgl1 are deleted; words underlined are added Sian. wall. fascia or parapet: A sion affixed in a manner to any exterior wall of a buildino or structure. and which is parallel to and proiects not more than 18 inches form the buildino or structure wall. and which does not extend more than 18 inches above the roof line of the main buildino or from the point wherae the roof line intersects the parapet wall on which the sion is located. whichever is more restrictive. (See section 5.06.00.) Sian. wind: Anv sion or display includino, but not limited to. flaos, balloons. banners, streamers, and rotatino devices, fastened in such a manner to move upon beino subiect to pressure by wind or breeze, but shall not include official flaos, emblems. insionia, or pennants of any relioious, educational, national, state. or political subdivision. (See section 5.06.00.) Sian. window: A window sion which is painted on. attached to. or visible throuoh a window. excludino displays of merchandise, and shall not exceed 25 percent of the total window area in the same vertical plane at the same floor level on the side of the buildinQ or unit upon which the siQns are displayed. (See section 5.06.00.) * * * * * * * * * * * * , Sportina and recreational camps: A facility, public or private. which mav offer permanent or temporarv shelters such as cabins or tents and is primarilv enQaQed in providino campino, sportinQ or other recreational activities. Examples of sportino and recreational camps shall include boys' and qirls' camps. huntinq camps, fishinq camps, or summer camps. * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.01.00 GENERALLY Section 2.01.00 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.00 Generally +.-A. Parking and storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of recreational equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building. For the purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. 2.B. Parking, storage or use of major recreational equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single-family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section the rear yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. Page II of 42 Words stmek tl1rellgl1 are deleted; words underlined are added The following exceptions may be granted by the county manager or designee: 1. Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place on the street side thereof. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitor's family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 3. Parking of commercial vehicles or commercial equipment in residential areas. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: ~a. The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. ~b. The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. 3.<:. The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 4.d. Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2.03.07 kM. ~ Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. 4. Boats or other floating equipment used as dwelling units. Boats or other floating equipment being used as dwelling units or as commercial establishments may not anchor or tie up in waters under the jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. Page t2 of 42 Words sImek tl1rollgl1 are deleted; words underlined are added 5. Condominiums. This Code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condominium forms of ownership shall be subject to this Code as is any other form of ownership. Condominiums of any kind, type or use shall comply with the provisions of F.S. GCh. 718, as amended, known as the "Condominium Act." 6. Deed restrictions. This Code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing and administering this Code, shall be responsible for enforcing any deed restrictions. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, AND FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); aM 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if Page 13 of 42 Words s~flIek tlmmgll are deleted; words underlined are added applicable, the times and places of the permitting agency's scheduled public hearings7: and 9. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of maior improvements. Permitted minor improvements shall be limited to one (1) C1round siCln, not to exceed eiqht (8) feet in heiqht with a maximum siCln area of thirty-two (32) square feet: a parkinQ area, not to exceed twenty (20) parkinQ spaces: hikinQ trails: a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet: and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlyinQ zoninQ districts or land use desiQnations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoninQ district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and reQulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoninQ district providinQ for oil and C1as exploration as a permitted use pursuant to section 2.03.05 B.1.a.(8) of this 'code. B. Permitted essential services IN CON districts, RFMU sending lands, NRPAa~, HSAa~, AND FSAa~. 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; C. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP . e. Conservation Collier lands which provide for permitted nondestructive. passive natural resource based recreational and educational activities. exclusive of maior improvements. Permitted minor improvements shall be limited to one (1) around sian. not to exceed eiqht (8) feet in heiQht with a maximum sign area of thirty- two (32) square feet: a parkinQ area. not to exceed twentv (20) parkinQ spaces: hikinQ trails: a fullv accessible trail or trail section: educational kiosks not to exceed one hundred (100) square feet: and public...what about restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlvinQ zoninQ districts or land use desiQnations in any district where Page 14 of 42 Words strlolsk tl1rollgl1 are deleted; words underlined are added Conservation Collier lands are established. such that no expansion or diminution of the various zoninq district permitted uses is intended or implied bv these provisions. except as stated above for minor improvements. Oil and C1as exploration as defined and requlated in this Code remains a permitted use on or beneath Conservation Collier lands established in the CON zoninq district providinq for oil and C1as exploration as a permitted use subiect to section 2.03.05 B.1.a.(8) of this Code. C. Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A, governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-far-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2.01.03 A, safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. F. Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A, neighborhood parks shall be considered a permitted essential service. G. Conditional uses. The following uses require approval pursuant to section 10.08.00 conditional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRPAS2, AND RLSA designated HSAS2 and FSAS2. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall be allowed as conditional uses: a. Electric or gas generating plants; b. Effluent tanks; c. Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d. Hospitals and hospices; ami e. Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services~~ and Page t5 of 42 Words sImek tl1rollgl1 are deleted; words underlined are added 1. Conservation Collier lands which provide for permitted. nondestructive, passive natural resource based recreational and educational activities, when such sites require major improvements to accommodate public access and use. These major improvements shall include, but are not limited to: parkinq areas of 21 parkinq spaces or more: nature centers; equestrian paths; bikinq trails; canoe and kayak launch sites; public restroom facilities, qreater than 500 square feet: siqnaqe beyond that allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this Code and other nondestructive passive recreational activities as identified by the County Manaqer or desiqnee. The provisions for Conservation Collier lands in this Code do not affect the underlyinq zoninq districts or land use desiqnations in anv district where Conservation Collier lands are established, such that no expansion or diminution of the various zoninq district conditional uses is intended or implied by these provisions, except as stated above for major improvements. Oil and Qas field development and production as defined and requlated in this Code remains a conditional use on or beneath Conservation- Collier lands established in zoninq districts providinq for oil and Qas field development and production as a conditional use, subject to section 2.03.05 B.1.c.(1) of this Code. 2. Conditional essential services in RFMU sending lands, NRPAS~, CON districts, and RLSA designated HSAS~ and FSAS~. Within RFMU District Sending Lands, NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 C.2., in addition to the essential services identified as allowed conditional uses in section 2.01.03 G.1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; aM b. Safety Services limited to law enforcement, fire, and emergency medical services.; and c. Oil and Qas field development and production, as defined and requlated in this Code, remains a conditional use on or beneath Conservation Collier lands established in the CON zoninq district subject to section 2.03.05 B.1.c.(1) of this Code. * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.04.03 Table of Land Uses in Each Zoning District Section 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 16 of 42 Words strlolck 1l1mllgl1 are deleted; words underlined are added p = permitted . 0 ~ 0 '" "- '" ~ E = permitted with certain exceptions en , 0 a: ~ ~ Blank cell = prohibited (also see table of ~ 'E 'E 'E III III conditional and accessory uses) <( III "- "- Ql 0 "- ell ell -a ell C. C. 0 .. u () .. 0, 0:: 0:: g C) j .5 :; :; - 0 :; en :;; :;; en ell III " III .. .. .. .;: w 0:: 0:: 0:: j Ol 0 <( 0 e e e", () ell ~'" ell", ell~ .. - 'Co 'Co - III "w U. .- "- .- LL '0 .. - ::l:;; ::l:;; Land Use Type or Cateaorv j III ell en C) a: w a: a: a: a: a: a: . . . . . . . * . . . . . . . . Security Brokers. Dealers. Exchanqes. 6211-6289 Services Shoe Renair Shops or Shoeshine Parlors 7251 Shootinq ranoe indoor 7999 Sinnle-Familv Dwellinqs p P P P P p<o Social Serviees 8322-8399 . . . . . . . . . . * . . . . . Table 1. Permissible Land Uses in Each ZoninQ District * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.03 Specific Standards for Location of Accessory Buildings and Structures Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots Page 17 of 42 Words SlflJeillhrollgh are deleted; words underlined are added Setbacks Front Structure to Rear Side structure (If Detached) 1. Parking garage or carport, single-family SPS SPS SPS 10 feet 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/11 - 4. Swimming pool and/or screen enclosure SPS 10 feel' SPS N (one- and two-family) 5. Swimming pool (multi-family and , SPS 20 feet 15 feet N commercial) 6. Tennis courts (private) (one- and two-family) SPS 15 feet SPS 10 feet '-- 7. Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet 10 feet or 15 feet -,--~- '--- (See section 5.03.06(F)) 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists and lifts N/A N/A 7.5 feet SPS or 15 feet 12. Attached screen porch SPS 10 feet 4 SPS SPS 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet N/A or 15 feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 feet SPS 10 feet N - None. N/A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. * = 1 foot/foot of accessory height = 1 foot/foot of building separation 1 1/foot of accessory height = 1/foot of building separation. Page 18 of 42 Words stmek !l1r-ellgl1 are deleted; words underlined are added 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, exeept Isles of Capri and properties identified in the Goodland Zoninq Overlav which may eonstruct to a maximum of seven feet above the seawall with a maximum of four feet 01 stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determininq the setback for the rear vard accessorv setback on a parcel shall be no hiqher than the averaqe elevation of the top of seawall cap or top of bank on the two immediate adioininq parcels. 4 20 feet where floor or deck of poreh exceeds 4 feet in height above top of seawall or top of bank, except Isles of Capri and properties identified in the Goodland Zoninq Overlav whieh may construet to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The beneh mark elevation of the top of seawall cap or top of bank for determininq the setback for the rear vard accessory on a pareel shall be no qreater than the averaqe elevation of the top of seawall cap or top of bank on the two immediate adioininq parcels. SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.14 Same-Development in the ACSC-ST District Section 4.02.14 Same-Development in the ACSC-ST District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 Same Desian Standards for Development in the ST and ACSC-ST District~ A. All development orders issued within the ACSC-ST area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern. B. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida, Department of Community Affairs, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration. * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 4.03.02 Applicability Section 4.03.02 Applicability, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Anv division of land meetinQ the definition of subdivision which is not otherwise exempt bv this section shall reQuire the WinQ of a subdivision plat in accordance with the reQuirements of section 10.02.04 of this Code. SUBSECTION 3.1. AMENDMENTS TO SECTION 4.03.03 Exemptions Section 4.03.03 Exemptions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 19 of 42 Words stflJ<Jk tl1mllgl1 are deleted; words underlined are added 4.03.03 Exemptions . . . . . . . . . * * . * B. ^ Frlinor subdi'JisioA, as eofinoa in ehaf'ltor 1, for singlo family dotaQhod and duplex rosidential de':elopR'lent E:hall tJo oxemf'lt from tho roquiromontE: and procoduros for preliminary susdi'Jision f'llats; provided, howevor, nothing cont.:tinod horoin shall oxemf'lt such minor suseivision from tho roquiromonts and prGQeduros for improvomont plans and final susdivisioA pl.:tts, and whoro rOEjuirod susdivision improvomonts are contomplatod, tho posting of susdivision porformanco sosllrity. No buildiAg pormits Ehall bo issued prior to rocordation of tho final subdivision plat. e. 1', minor subdivision, as dofinea in ehaplor 1 for mulli family residontial development and all nonrosiaontial de"..elopment shall bo oxompt from tho requiremonts and procoduros for prolimin.:tl)' subdi':isien pl.:tts .:tnd improvomont pl.:tns; pro':idod, howo'Jor, nothing Gont.Jinod heroin sh.J1I oxompt such minor sllbdi\'ision from tho requiromontE and prosodllros for dosign requiromonts for access undor soction 4.04.00, wator m.:tnagement plans undor ehaptor e, final subdi'/ision platE undor tho !'lrocoduros set forth in ehaptor 10, and E:ito de'*'elopment plans .undor prosoduros sot forth in ehaptor 10, and whero requirod subdj':isilm improvomonts aro contomplatod, tho posting of subdi,..ision performanco security. No building pormits shall bo issued prior to recordation of tho final susdi'Jision plat. D. .'\n intogr.:ttod phasod develepment, as definod in eh.Jptor 1 and which has boon proviously .Jpprovod in accordansG with proGoduros sot forth in ehaptor 10, shall bo oxompt from tho reqllirements, standaras ana prosoduros for preliminary subdi':isioA plats (eh.Jptor 10) and improvomont pl.:tns (ehaptor 10); providod, howover, nothing containod horoin shall oxompt such intogratod phasod development from tho requiromonts and procoduros for dosign roquiromonts for access undor &Dction 4.04.00, wator managomont plans undor ehaptor 6, final subdivisiofl pl.:tts and subdi'JisieA porformanco socurity undor eh.Jptor 10, and major site de'/elepment plans undor ehaptor 10. No suilding pormits shall bo issuod prior to rocoraation of the final subdi'lision pl.:tt. Thoso provisions shall not roquiro that tho intorier assess '....ithin an intogratea phasod do\'elopmeAt DO difforont from tho conditionE in ehaptor 10 applicablo to sito de..'olepment plans. . . * * . . . . . . . . * SUBSECTION 3.J. AMENDMENTS TO SECTION 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use Section 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use All automobile parking or storage of automobiles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located. The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: Page 20 of 42 Words stmek tl1rollgh are deleted; words llnderlined are added A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic arid stabilization system covered bv pervious or imperviously troatod surface areas made of concrete. crushed stone. crushed shell. asphalt, pavers or turf parkina svstems specifically dosignod desianated for the parking of automobiles. The desianated parkina area 'NhiGh may not comprise an area greater than forty (40%) percent of any required front yard,.~ which. nonetheless. may not serve to limit a driveway to a width of less than twenty (20) feet. All parked automobiles shall utilize only the designated porviGlls or impervious surfase parking areas of the lot. B. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to stabilized porvious er imper':iously troalod surface areas made of concrete, crushed stone, asphalt, pavers or turf parkina systems specificallv desianated for the parkina of automobiles. The desianated parkina area shall whisl:l may not comprise an area greater than fifty (50%) percent of any required front yard,.;... oxsopt that this ~I:lall which, nonetheless will not serve to limit a driveway to a width te of less than twenty (20) feet,.. ana a Separate driveway! may be provided on each side of the two-family structur~ but, in no case. shall the combined area of both driveways and any other desianated parkina areas exceed fifty (50) percent of any reauired front yard. C. Multi-family (i.e. three (3) or more) dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to porvious or imperviously troatod stabilized surface areas made of concrete. crushed stone, asphalt. pavers or turf parkina systems designated for the parking and storing of. automobiles. Porviom; or imperviously troatod sllrfaco aAreas designated for the parking of automobiles shall not exceed a ratio of two and one-half (2:1/2) automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. * * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.06.02 Buffer Requirements Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.02. Buffer Requirements * * * * * * * * * * * * * C. Table of Buffer Yards Typos of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When a Alternative A buffer is located within a residential PUD and adiacent to a lake. the reauired trees may be clustered on common property lines to provide views. Clustered tree plantinos shall not exceed 60 feet between clusters. Page 21 of 42 Words stfllsk tl1Feligtl are deleted; words underlined are added 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Alternative B buffer is located within a residential PUD and adiacent to a lake. the required plant materials may be clustered to provide views. Clustered tree plantinqs shall not exceed 60 feet between clusters and the clustered hedqe plantinqs can be provided as a double row of shrubs that are a minimum of 30 inches in heiqht. When the adiacent lake exceeds 1500 feet in width the hedqe plantinq shall not be required. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.05 General Landscaping Requirements Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Deve!opment Code, is hereby amended to read as follows: C. Plant Material Standards * ~ * * * * * * * * * * * 7. lawn grass. Grassod aroas shall bo plantod '.\Iith spocios normally grown in porm:lnont la.....ns common to tho eollior eounty aroa. Graswd aFeaS may bo soddod, pluggod, spriggod, or soedod provided solid sod sh:::l1J-Be usod in sW:::llos or othor areas subject to orosion and provided furtllor, in areas whoro othor than solid sod or grass Good is usod, nurwgrass sood shall bo sown for immodi:::lto ground covorago until pormcmont covor:::lgo is aGI:lioved. Tho usa of drought tolorant spocios is advisod. 7. Lawn qrass. Grassed lawn areas shall be planted with turf qrass species normallv qrown for use as permanent lawns in Collier County. Lawns shall be planted usinq turf mass sod, pluas, sprias. or seed installation methods. All water manaqement areas and slopes steeper than 6:1 (6 horizontal to 1 vertical) shall be sodded. The use of drouaht tolerant turf species is encouraaed. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area. * * * * * * * * * * * * * I. Standards for lansssapo borms. 1\11 porimotor lamlscape borms ovor two foot in hoi!ijht shall moot or oxcood tho minimllm stanaards as sot forth horoin. /\11 grassod borms shall ha'Jo sido slopes no groator thaA four to ono. Berms plantod '1.'ith ground covor and landscapiA!ij shall havo sido slopos no groator t!:lan throo to ono. Tho too of tho sleJ'lo shall 130 sot l3ack a miAimum of fivo foot from tho edgo of all right of way and prop9rly lines. EXie;tin!ij nativo vogotation shall bo incorporalos inlo tho berms with all slopos fully slabilizod ans landscapos with trees, shrllbs, ans ground sevor. landscape borms shall not 130 plasod within easoR'lsnts 'Nithollt '.witton al'lpreval frem all ontilios slaimin!ij an iAtorest llndor Elais easeR'lont. a. lanassape serms leeatee! asjaeent te IAteFstate 76 rigRt ef '/,lay (I 76). I!lerms leealea aEljasoAt te I 7a rig!:lt ef '/Jay may !:lave a R'laximllR'l Ellepo ef 2: 1. Such berms sh:lll De plaAteEJ 'Nit" natj'JQ gfSldA8 se'ler S'Jar a ereSiGfl sQAtrsl fabris, aRa Aative trees plases at 26 foet on eentor, eElual in !:lei!ijht te the Roight of the serm ans locatos '....ithiA a miniR'l\;lm ton feet wido 10'/01 plaAting aroa. I. Treatment of Slopes: The followino landscape and enoineerino standards shall apply to all landscape areas except for Golf Courses. See: Slope Chart 4.06.05.1. and Slope Cross Sections 4.06.05.1. Page 22 of 42 Words atmel( tl1rollgh are deleted; words underlined are added Slope Chart 4.06.05.1. Slope Ratio Slope Treatment. See a. below. No Steeper Than 4:1 Grass. See Figure 3 below. (4 horizontal to 1 vertical) Trees, Ground Covers, Ornamental Grasses, and Shrubs. No Steeper Than 3: 1 Trees, Ground Covers, Ornamental Grasses, and Shrubs. See Figure 2 below. f--., , (3 horizontal to 1 vertical) Requires 50% surface coverage at time of installation and 80% coverage within 1 year and avoid soil erosion. Toe of slope shall be set back a minimum of 2 feet from sidewaiks and paved surfaces. No Steeper Than 2:1 Rip-rap or other forms of erosion and scour protection. See Figure 1 below. (2 horizontal to 1 vertical) Permitted only in concentrated, rapid flow water management areas or sloped areas less than 200 square feet with a maximum height of 30 inches. Slopes shall be stabilized with geo~textile fabric and be planted with ground covers or vines to provide 80% coverage within 1 year. No Steeper Than 1: 1 Permanent slope stabilization systems are required on all slopes steeper than 2:1 and no steeper than 1; 1 . ~. ", (1 horizontal to 1 vertical) Stabilization systems shall require engineered plans signed and sealed by a Professional Engineer, Architect, or Landscape Architect registered in the state of Florida. ~- Stabilization systems if visible from any road, access, or residence shali be set back from property line a minimum of 2 feet and be ~ndscaped to provide 80% opacity within 1 year. In addition when a system is iocated within a landscape buffer all buffer plantings shali be located on the high or elevated side In a minimum 5 foot Wide planting area with a slope no greater than 10:1. Stabilization systems shali not exceed 3 feet in height and shall not be located on lake banks or in lake maintenance easements. Set back requirements from sidewalks or paved surfaces shali be a minimum of 2 feet. Steeper Than 1: 1 Vertical Retaining Walls. See b, c, and d. below, See Also Alternative B below. Walis over 30 inches in height shall require engineered plans signed and sealed by a ProfeSSional Engineer, Architect, or Landscape Architect registered in the state of Florida. Wall shall be architecturaliy finished or provide a natural appearance. See e. beiow. ~- f-~---~-, . Walls if Visible from any road, access, or residence shall be set back from property ilne a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a wall is located Within a landscape buffer all buffer plantings shall be located on the high or elevated side of the wall in a minimum 5 foot wide planling area with a slope no greater than 10:1. a. Slopes adiacent to required preserve areas shall be planted with 100% Florida native species, shall provide swales to direct water flow awav from preserves, and meet setbacks as required bv section 3.05.07.H.3. of this Code. b. Perimeter water manaQement walls shall not exceed 3 feet in heiqht and shall be setback from propertv lines a minimum of 2 feet. In addition when water manaQement walls are located in landscape buffers the walls shall be consistent with section 4.06.02.0 of this Code. All water manaQement walls shall be landscaped to provide 80% opacitv within 1 vear. See FiQure 4 below. c. Water manaQement areas with continuous vertical walls exceedinQ 20 feet in lenQth and/or open vaults are prohibited. d. Vertical RetaininQ Wall requirements and standards do not applv to headwalls or bridQe abutments. e. Architectural finish requires color. texture. and materials that are in common with those used on surroundinQ structures. Exposed concrete walls are prohibited. Natural appearance requires color, texture. and materials that mimic or occur in nature. Page 23 of 41 Words struek tl1rslJgl1 are deleted; words underlined are added Slope Cross-Sections 4.06.05.1. ">"'" [ , '"", -------. -.....--.--[ j"' 'r- -~/""'" G;,~ON' G"OU~O ---------- """ PERIMETER BERM ALTERNATIVE "A' rACE OF G>BIONS""'LLBE PLANlCOTOP"OVID[OOll OP!J:JN W1THIN ONE YCAR <FF.<CL,SNO'P,AN]ED. GA~ION ,H'Ll H. SFT B^CK l' MIN. F~C" PRO?["N UN, I, , ~-i r-~~~ (MAX) ~:~~"NG I '~ ~____~- I I lXlSTING I /""..,,,. L.'''"'' -r-t~.",-------- - [J_l..~ PERIMETER BERM ALTERNATIVE "B" . /'~I'NT'NG 0'_ -j 'RUo !~-;-(.;"") II S;QF', ___-}'.<%:~~~~"_ ~ T~Ull~lNT '>.___~_---~ ~.A'/"'/~/"-/""'~K'- __---.____~_~- _yc::c=---____________________ PERIMETER BERM ALTERNATIVE "c" ... ;;;:'::::[" ,..,,'+~I:,..~l/~::''" ;:1::.." _ ..~%i~- . I --c,-=~_-__/;:1:,'"',,_ ,,~,;:; .-/ t _________-'~_.i_ -.-....;------------ -- PERIMETER BERM ALTERNATIVE "D" Page 24 of 41 Words strHel, tAfSHgA are deleted, words underlined are added (,f:)-,TcXlllf fABRiC I'[XISTING GROUND -1_ -------..,Y<<~7 FIGURE # 1 m ~~TR[ES'SHRUBS v/:<::;::?7/. & ORNAMENTAL ''$: y x/./, Gi'lASS[S :;;r-f ~"-" Jl -~~.\I' /-~~'5~'~~ _ _ _ _ _ _ _ _ _ _ _ ~--L' __ FIGURE #2 '" , --'-~-'~'i2/'~"'"'''' ~~~~~' ~~~'Y-- ~-.k \ ~ -'je /'EXISrING 4.1 -It:'''~JiJt GROUNf) -------------~~~-- FIGURE #3 ~.TS r , ~~1 1'- I xii \ I j: I/'R",AININGJ'D(JST,NG - ~lM~~ ~""" FIGURE #4 - PERIMETER WATER MANAGEMENT WALL ".T.S SLOPE TREATMENTS "rs Page 25 of 41 Words strHEk tl1roHgl1 are deleted, words underlined are added SUBSECTION 3.M. AMENDMENTS TO SECTION 4.07.02 Design Requirements Section 4.07.02 Design Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.02 Design Requirements * * * * * * * * * * * * * A. Minimum area. 1. The minimum area required for a PUD shall be ten (10) contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban coastal fringe areas as designated on the future land use map of the GMP, or when located within a neighborhood center as desiqnated on the qolden qate area master plan future land use map or Immokalee area master plan future land use map of the GMP, or when implementinq the residential mixed use neiqhborhood subdistrict or the commercial mixed use subdistrict in the future land use element of the GMP, where no minimum acreage requirements must be met. 2. For infill parcels, as dofinod in Chaptor 1 and tho GMP, the minimum area required for a PUD shall be two (2) contiguous acres. For purposes of the planned unit development aistrict only, the term "infill parcels" shall refer to property implementinq anv of the infill subdistricts identified in the future land use element or qolden qate area master plan element of the GMP, or property sharinq at least two common boundaries with parcels that are developed. 3. For a PUD subiect to the minimum area requirement of ten (10) contiQuous acres. an exception shall be made for properties separated bv either an interveninq planned or developed public street riQht-of-wav: provided, however. no portion of such separated properties shall be less than five (5) acres. For infill parcels, an exception shall be made for properties separated bv either an interveninq planned or developed public street riqht-of-wav. For a PUD with no minimum area requirement. as identified in section 4.07.02.A.1., that PUD may include properties separated bv either an interveninQ planned or developed public street right-of-way. SUBSECTION 3.N. AMENDMENTS TO SECTION 5.05.08 Architectural and Site Design Standards Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building Design Standards * * * * * * * * * * * * 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b. Exterior building colors. The use of solid black, gray, florescent, primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area, except that naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. Page 26 of 41 Words strHet through are deleted, words underlined are added c. Exterior building materials (excludinQ roofs). The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or rofloctivo metal panels, and ii. Smooth concrete block. d. Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. * * * * * * * * * * * * * E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code. * * * * * * * * * * * * * 2. Pedestrian pathways. a. Purpose and intent. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the building or project which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. The on-site pedestrian system must provide adequate directness, continuity, street and drive aisle crossings, visible interest and security as defined by the standards in this Section. b. Pedestrian access standards. Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while traveling from the parking space to building entries and from building entries to outparcels and to pathways along adjacent roadways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions. Pedestrian pathways must be a minimum of six five feet wide. e. Materials. Pedestrian pathways must be consistent with the provisions of Section 4.5 of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete, or stamped pattern concrete. f. Building perimeter path. A minimum 6 foot '.'lido 5 feet wide building perimeter path is required as specified below: i. A continuous building perimeter path interconnecting all entrances and exits of a building is required. Emergency "exits-only" are excluded. ii. If parking area is proposed along the building facade within 15 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building. Page 27 of 41 Words str~e1; tAre~gA are deleted, words underlined are added SUBSECTION 3.0. AMENDMENTS TO SECTION 5.06.04 Sign Standards for Specific Situations Section 5.06.04 Sign Standards for Specific Situations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non:residentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In QO case shall the number of pole or ground signs exceed two per street frontage. * * * * * * * * * * * * * q. Ground siqns shall provide a pole cover no less than 50 percent of the width of the siqn, with architectural desion features includinq colors and/or materials common to those used in the desiqn of the buildina to which the siqn is appurtenant. A minimum 100 square foot plantinq area shall be provided around the base of any around or pole siqn. consistent with the provisions of this section of the Code. Development of siqn plantinq area landscapinq shall be pursuant to Section 4.06.03 A. of this Code. * * * * * * * * * 11. Conservation Collier siqns. In addition to other siqns allowed bv this code. lands acquired for the Conservation Collier lands proqram shall be allowed to have one qround sian havinq a maximum heiqht of 8 feet and a maximum sian area of 32 square feet to identify the main preserve entrance. This sian shall require a permit and shall be allowed if there is no principle structure on the propertv. -1+.-12. Temporary signs. The erection of any temporary shall require permitting as established within section 10.02.06 G. 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. * * * * * * * * * * * * d. "Coming soon signs". A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of temporary use permit a tlllileiAlil permit or until the issuance of a permit for the permanent sign, whichever occurs first. A temporarv use permit will not be issued until a building permit for the princioal structure is applied for. The non- refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. Page 28 of 41 Words 5tmek thrElHgk are deleted, words underlined are added SUBSECTION 3.P. AMENDMENTS TO SECTION 6.06.03 Streetlights Section 6.06.03 Streetlights, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.03 Streetlights A. Streetlights shall be designed and installed utilizing the IES standards for each street, intersection at required intervals along each street not to oxcood 100 feet and at the end of each cul-de-sac: and may bo roquired at inlorvals along oach streot. Such lights may bo roquirod on intorior streets, 3110ys, bounGafy streets, assess paths and tho Iiko. The IES standards for this street lighting are" tper IESNA RP 8.00t7,except as below: 1. 1'. minimum of 1.1 foot candles at tho Gontor of oach intornal project intorsoction is roquirod. 2. 1'. minimum of 1.1 foot candlos along internal roadways is rocommonded but not requirod, B. At the entry/exit of any subdivision located on a public eounly collector or arterial street, the following additional standards shall apply: 1 . At the points where the edges of pavement of the entrance road meet the intersecting right-of-way line, the illumination level shall be at or between, a minimum of 2.0 foot candles and maximum of 5.0 foot candles. 2. At tho contorlino of tho ontranco road and a minimum of right of way Iino, tAo illumin3tion 10'101 shall bo a minimum of 3.5 foot candlos. A full cutoff fixture is required on both sides of each entrY or exit outside of the intersectinq public riqht-of-wav. C. ^II li@ht lovols shall bo moasurod at a minimum of approximatoly four (1) foot above tho p3vomont on a moonloss night. All sidewalks not directlv liohted bv street liohtino that interconnect developments must be liohted to pedestrian level standards per IESNA RP-8-00. SUBSECTION 3.Q. AMENDMENTS TO SECTION 9.04.02 Types of Variances Authorized Section 9.04.02 Types of Variances Authorized, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following; height, area and size of structure; height of fence; size of yards and open space; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of and minimum setback for signs; minimum requirements for off- street parking facilities; and for site alterations. reaardless of predevelopment veaetation. on lots within the Plantation Island Unit One. Plantation Island Unit Two and Plantation Island Unit Three Subdivision (unrecorded.) B. Variances for site alterations. reaardless of predevelopment veaetation. on lots within the Plantation Island Unit One. Unit Two and Unit Three subdivisions (unrecorded). Page 29 of 41 Words stnlek throHgh are deleted, words underlined are added 1. Pursuant to the & 380.032(3) Aqreement between the Board of County Commissioners and the Department of Community Affairs dated April 26, 2005. reQardinq Plantation Island Subdivision within the Biq Cypress Area of Critical State Concern, a variance from the requirement of subsection 4.02.14 CA. of the Land Development Code shall be authorized for site alterations, includinQ dredQinQ and fillinQ, of up to 2.500 square feet, reqardless of predevelopment veqetation, on a Qroup of adiacent lots under common ownership, includinq on a sinqle lot if only one lot is owned, within Units One, Two and Three of the Plantation Island Subdivision (unrecorded) located in Section 29, Township 53 South, RanQe 29 East. in Collier Countv. Florida utilizinQ the procedure as set forth in section 9.04.03 of the Land Development Code and where the proposed development is desiQned consistent with Biq Cypress Critical Area reQulations to have a minimum adverse impact on the critical area's water storaQe capacity. surface water and estuarine fisheries as authorized bv Rule 28-25.011, Florida Administrative Code. SUBSECTION 3.R .AMENDMENTS TO SECTION 10.02.01 Pre-Application Conference Required Section 10.02.01 Pre-Application Conference Required, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.01 Pre-Application Conference Required A. Subdivision review procedures. 1. Preapplication conference. Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. a. Preapplication. A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: * . . . * . . . * * . . . b. Issues of discussion. Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: . . . . . . . . . . . . . iv. Application contents. In conformance with the requirements of this section, the County Manager or his designee shall establish the contents of the preliminary or final subdivision plat required to be submitted for the proposed development. This shall include descriptions of the types of reports and drawings required, the general form which the preliminary or final subdivision plat shall take, and the information which shall be contained within the preliminary or final subdivision plat and supporting documentation. Page 30 of 41 Words str..d; tllroHgll are deleted, words underlined are added v. Application copies and fees. The County Manager or his designee shall identify the number of copies of the preliminary or final subdivision plat application that are required to be submitted for the proposed development, along with the amount of the fees needed to defray the cost of processing the application. * * * * * * * * * * * * * SUBSECTION 3.S. AMENDMENTS TO SECTION 10.02.02 Submittal Requirements for All Applications Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * * B. Subdivision exemptions. Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or his designee. After a determination of completeness, the County Manager or his designee shall approve, approve with conditions or disapprove the request for exemption based on the terms of the applicable exemptions. To the extent indicated, the following shall be exempt from the applicability of this section. * * * * * * * * * * * * * 2. Minor subdivisions for sing!o fam!!}' fk1t:Wf1Od :::md du~lox ros!dont!3.! dO'lolopmont. ^ minor subdi':ision, as solinod in articlo 6, for singlo family dolachod and suplex rosidontial development shall bo oxompt from tho roquiromonts and procoduros for proliminarj subsi'lision plats; providod, howovor, nothing containod horoin shall oxompt such minor susdivision from tho roquiromonts and procoduros for improvomont plans and final susdivisien plats, and whoro roquirod subsivisioR improvomonts aro contomplatod, tho posting of subdivision porformanco socurity. ~Jo buildiRg pormits shall bo issuod prior to rocordation of tho final subdivision plat. 3. 1"f/AS..- E:l:Jbai'.:iEionE tot ml:JJtif:J.mi,'y ,W'ssioorrt.b.! :lAd non.~Ds,idont:':J..' dO'Jolopmont. ^ minor subdi':ision, as ElefiA9E1 in artislo 6, for multiplo family rosiElontial development ans all nonrosisElfllial de':elopment shall bo oxempt frOR'l tho roquirom9nts and proc9duros for proliminary sllbdivision plats and improvoment plaRs; provides, he'llo',<or, nothing contain9d horein shall 9xempt such minor subdivision from tho reElllimm9nts aRs preseallros for dosign roquiromonts fer assess llnaor t!:le eellior eOllnty eonsIrllstien SIansarss MaRllal, 'IIater managom9nt plaAs unser t!:lo eelli9r eellnty eOnSIn:lSIieA Stansarss Manllal, final &ubdi'Jision plats llRser sestieAs 10.02.94 ans 10.92.06, and sito dO'*<8lepR'lent plans unsor sestion 10.02.9:5, ans '....!:lero roquirod subdivision impre'lements are sentemplates, t!:le posting of subdi':isien p9rformanso sesllrity. ~Je building pormits shall se issuod prior to reserElatieA ef the final subdi'Jision plat. Page 31 of 41 Words stfllck through are deleted, words underlined are added 4. Integrated phased de':elepmeAts. An integratod phasod de'.<elepment, as dofinod in soclion 1 .08.00 and which has boon pre'iiously approved in accordanco with soction 10.02.04 A5., shall bo oxompt from tho requirements, standards and procedures for preliminary subdi'Jision plats (soction 10.02.04) and improvemont plans (section 10.02.05 E.); provided, howovor, nothing contained horoin shall oxompt such integr.:lted phasod development from the roquiromonts and procoduros for design roquirements for assess according to tho eollior eounty eonstruction Stand.:lrds Manual, Viator man.:lgemont plans according to the eollior eounty Construction Standards Manual, final SUBdivision plats and subdivision porlorm;:mco socurity undor soctions 10.02.04 and 10.02.05, and major sito se\'elopR'l9Rt plaRs undor soction 10.02.0d. No building porFRilC shall bo issuod prior to recordation of tho final subdivision plat. Those provisions shall not roquiro that tho intorior access within an intogratod phasod development bo difforont from tho conditions in section 10.02.03 applicablo to cite de'Jelopment plaRs. * * * * * * * * * * * * * SUBSECTION 3.T. AMENDMENTS TO SECTION 10.02.03 Submittal Requirements for Site Development Plans Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a. Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership. provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04.B.4 &,c. Underground construction; utilities, communications and similar underground construction type activities. s,-d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. Page 32 of 41 Words 5tfHsl; lhr"ugh are deleted, words underlined are added the. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provider:! by section 5.04.04. *"g" Project entryway signs, walls, gates and guardhouses. ~h. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. * * * * * * * * * * * * SUBSECTION 3.Q. AMENDMENTS TO SECTION 10.02.04 Submittal Requirements for Plats Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. * * * * * * * * * * * * * 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: * * * * * * * * * * * * * t. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. SllS!:l illustratieRs shall shew a typical GwelliRg uRit R'loetin!ij reElllires setbaGks fer a typical let. For fee- simple residential lots. the illustration shall portrav the tvpe of unit Page 33 of 41 Words strHc); thrBHgh are deleted, words underlined are added identified bv LDC definition and developer's description to be placed on each lot (example: Lots 1-20, sinole-family attached (patio home\. and show a typical unit on typical interior and corner lots, depictinG setbacks (includinG preserve setbacks, if applicable) and/or separation of structures. Also for fee simple residential lots, the illustration shall portray the location of tvpical units on atvoical lots (such as cul-de-sac, hammerhead and all irreGular lots). For non-residential lots (e.G.. multi-family amenity lots or parcels, commercial/industrial lots), the illustration shall portray setbacks & buildinQ envelope. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit (e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. lot aroaE: 3nd lot dimonE:ionE: may bo shown on a logond 3S opposod to a notation on oach lot. 6 table shall be provided showinG lot area and lot width for each irreGular lot, reGular corner and interior lots may show only typical width and area. * . . * . . * . . * . . . 4. Effect and limitation of approval of preliminary subdivision plat. a. Pr-oeonditien for impre'lDment p!3.AS :1Afi fin;}! sllbdivision p!:lt. Only aftor 3ppro\'31 of tho proliminary sllbdivisiQn pbt E:hall tho applicaRt bo ontitlod to submit to tho county tho impro'loment planE: 3nd final sllbdi'1isiQA pl3t aE: roquirod by lhiE: E:oction. No impro'/omont plans or final sllsdivisien plat E:hall be acceptod fer reviow unloE:s the preliminary subdi',isioR pl3t haE: boon appro'.'od and rem3inE: valid and in offoct. fha. No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat, and the county shall not be estopped to subsequently deny approval of the improvement plans and final subdivision plat based on changes in federal, state or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or desirability of the preliminary subdivision plat, nor shall the county be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. &.-b. Time limitations. Refer to the provisions of 10.02.05 A. d. FW.':1tieAship te site devolopmont plans. .^,nythin~ containod olsowhoro in this eoao to tho sOAlrary notwithstaRdin~, no major final or minor sito ~e':elepment plan may 130 acsoptoafor COnGllrront rovio'tl with a proliminary &ub~i',i6ieA plat, howovor approval shall so withhold until the proliminary 6ub~i,..i&ieA plat is a.pprevod O)U;lQt=lt \~:nere ne preliminary .YIaEili"Jislsn J9lat is rsql:Jirod llndor a minor 6ub~I,,16ien. Fllrt!:lor, ne final site ~e'/elepR'lent plaA (whet!:ler miner er final) s!:lall se apprevee prier te approval of the final plat sy t!:le saara ef eemR'lissieRers, hewover, no buil~iAg pormit will se issl,jee I,jRtil t!:le plat is reseraee, exeopt fer development amonitio6 &~Gh 38 ell:JB RQI;.ISeS, s'/Jimmin€l flOel&, gllara housos ana the like, llpen appreval ef the plat sy t!:le beare of county eemmissienefS aAe pursuant to susmissien ef a sito ~e'..elepmeAt plaA, or a tomperary use permit as may se pormiltod sy 8.04.04 of this eeao. Page 34 of 41 Words strHek IArollgh are deleted, words underlined are added a.c. Relationship to zoning and planned unit developments. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision; provided, however, the zoning or planned unit development application and the preliminary subdivision plat may be processed concurrently at the written request of the applicant to the County Manager or his designee. hd. Approval of improvement plans and final subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof. Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E. and 10.02.04 B.3. shall be the subject of a preliminary work authorization as set forth herein. A preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreemen't between the applicant and the county. * * * * * * * * * * * * * B. Final plat requirements. * * * * * * * * * * * * * 4. Final subdivision plat submission requirements. The submittal of final plats for which no preliminarv subdivision plat is contemplated must include, apart from the final plat and/or improvement plans, that information required for review of preliminarv subdivision plats in accordance with Section 10.02.04 A.2. For onlv those final olats incorooratina townhouse develooment on fee simole lots. the followinq additional information. prepared bv a reoistered enqineer (and landscape architect for landscape plan), must be provided either separately or in coniunction with the information required by section 10.02.04 A.2. of this Code: a. Landscape plans. siqned and sealed. in accordance with section 1 0.02.03.B.1.c of this Code b. Zoninq data as follows, prepared on maximum size sheets measurinQ 24 inches by 36 inches. drawn to scale: i. A coversheet which includes: a) The name of the development. b) The zonina district. and PUD name and ordinance number. if apolicable. c) A leaal description of the orooertv. both orior to. and after. subdivision. d) The name. address and ohone number of the aaent preoarina the plat. and the name. address, and phone number of the oroperty owner. Page 35 of 41 Words stn'GI; thrElHgh are deleted. words underlined are added e) A vicinity map. clearly identifyinQ the location of the development. ii. A site plan, providinQ the followinQ information in table format a) Total site acreaQe. b) Total square footaQe of impervious area (includinQ all parkinQ areas. drive aisles, and internal streets) and its percentaQe of the total site area. ~ Total number of units, units per acre. and a unit breakdown bv square footaQe and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. d) All required and provided setbacks and separation between principal and accessory structures. e) Maximum building heiQht allowed by zoninQ district and heiQht proposed. , f) ZoninQ and land use of the subiect property and adiacent properties, includinQ properties abutting an adiacent riaht-of-wav or right-of-way easement. Q) A parkinQ summary. showinQ number of spaces required. and number of spaces provided. h) Preserve area required and provided. i) Illustrative information (drawinQ) accurately depictinQ the followinQ: 1) Name and aliQnment of existino/proposed rights- of-way of all streets borderinQ the development: the location of all existino driveways or access points of the opposite sides of all streets borderinQ the development: and the location of all traffic calminQ devices. 2) Location and confiQuration of all development inQress and eQress points. 3) Location and arranQements of all proposed principal and accessory structures. 4) Name and aliQnment of existinQ/proposed rights- of-way for all internal streets and allevs. 5) Directional movement of internal vehicular traffic and its separation from pedestrian traffic. 6) Location of emeraencv access lanes. fire hydrants and fire lanes. 7) Location of all handicapped parkinQ spaces. 8) Location of trash enclosures or compactors. if applicable. 9) Location and proposed heiQhts of proposed walls Page 36 of 41 Words strue!; tAroHgh are deleted, words underlined are added or fences. 10) Location of sidewalks and pathways. desiqned in accordance with section 1 0.02.03.B.1.i. xiii. of this Code. 11) Location of sidewalk parkinq in accordance with section 10.02.03 B.1.i.xv. of this Code. 12) Location of all required preserves with area in square feet. 13) Anv additional relevant information as mav be required bv the County Manaqer or desiqnee. 5. Contents and Substance of Final Subdivision Plat. The final plat itself must sRaII be drawn on only standard size 24-inch by 36-inch sheets of mylar or other approved material in conformance with F.S. ch. 177. The final plat shall be prepared by a land surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than one inch equals 100 feet. The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform, at a minimum, to the following requirements: a. Name of subdivision. The plat shall have a title or name acceptable to the County Manager or his designee. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision, it shall carry the same name as the existing subdivision and as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the name of the subdivision is not consistent with the name utilized for any zoning action for the subject property, a general note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. b. Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision. The subtitle shall include the name of the county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or the like. * * * * * * * * * * * * * C. Relationship of Plats to Site Development Plans No site development plan mav be accepted for concurrent review with a preliminarv subdivision plat. Once the preliminarv subdivision plat has been approved. site development plans may be submitted for review concurrent with the submittal of the final plat. No site development plan mav be approved until the final plat receives administrative approval. and no buildina permits may be issued until the final plat is recorded. except for those development amenities which are excluded from the provisions of section 10.01.01 in accordance with Page 37 of 41 Words SffiI€k-t1mmgA are deleted, words underlined are added section 10.02.03.A.2. of this Code. Where no preliminary subdivision plat is contemplated, one (1) Site Development Plan may be submitted for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. Approval of the SOP will be withheld until the final plat has received administrative approval. and no buildinQ permits may be issued until the final Plat has been recorded. SUBSECTION 3.R. AMENDMENTS TO SECTION 10.02.06 Submittal Requirements for Permits Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits D. Agricultural land clearing. 1. Land clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statues, shall be required for all agricultural operations except as exempted by Sec. 10.02.06 0.1.1. of this Code. a. Application. An application for an agricultural clearing permit shall be submitted in the form established by the County Manager or his designee. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: * * * * * * * * * * * * * vii. Tho property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee, stating that within two years from the date on which the agricultural clearing permit is approved by the County Manager or his designee, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the teA-year twenty-five year period required by viii. below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. viii. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of teA twentv-five years from the date of approval of the agricultural clearing permit by the County Manager or his designee, unless for any such conversions in less than teA twenty-five years, the converted land shall be restored with native vegetation to the degree required by this Code. Page 38 of 41 Words str~e" tRre~gR are deleted. words underlined are added SUBSECTION 3.S. AMENDMENTS TO SECTION 10.02.13 Planned Unit Development (PUD) Procedures Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures * * * * * * * * * * * E. Changes and amendments 1. Substantial/insubstantial changes. Any substantial changers) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial changers) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: * * * * * * * * * * * , k. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.+2. 13. SUBSECTION 3.T. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for Public Hearings before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board Section 10.03.05 Notice Requirements for Public Hearings before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAD and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county at least 2+ .1Q days in advance of the hearing. This notice shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the Page 39 of 41 Words strHsk tllfslIgll are deleted, words underlined are added boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. * * * * * * * * * * * * * SUBSECTION 3.U. AMENDMENTS TO SECTION 10.08.00 Conditional Use Procedures Section 10.08.00 Conditional Use Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 10.08.00 Conditional Use Procedures K. Conditional use application processing time. An application for a conditional use will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure, bv certified mail. return receipt requested: however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this 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 Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 40 of 41 Words slruek IArslIgA are deleted, words underlined are added SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of February, 2006. ATTEST: "'''''''''' DWIGHT#.~~~:'~LERK /k)::.:~;:~ ":::;::'::~it~ :. ~}:: .~.. ;~ ') . :<; = By:_T.'~-'. ,i '1'[ _ ~::I .:. - . . . ':~.t~I's;'ih ~~7~~r.ks If...tIIre only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , .DC By: ~>~ FRANK HALAS, C -- Approved as to form and legal sufficiency: Marjori Student-Stirling Assistant County Attorney ~ This ordinance filed with the *~n'tory of S.l.at"r's Office tf)e ~day of ~1O ,'~no \0 and acknowledgeme~,.t>fl^thot :;:w'eived~~ ~oy B _~_ ~\cli t.Q.O l.0c.. Page 41 of 41 o.puiYT.... Words struek ttlrsHgtl are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-07 Which was adopted by the Board of County Commissioners on the 8th day of February, 2006, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of February, 2006. DWIGHT E. BROCK :."':~ .,;...... Clerk of Courts and"C'l:e'rk, \. . 1--". "" Ex-officio to Bo!i.rd';'ot..~ "". County commisE;io@rs '. "l~~ a:::. 'O'<P~.';. . .:}iJc 'Y<l '. " ,/~ '" By' Heidi R. R~~ih6.=fu~(~"~~>'" ",,,,,'1\'" Deputy Clerk