Backup Documents 02/08/2006 LDC
BOARD OF COUNTY
COMMISSIONERS
SPECIAL MEETING
(LDC ADOPTION)
February 8, 2006
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
Board of County Commissioners/Land Development Code
AGENDA
February 8, 2006
5:05 p.m.
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Tom Henning, Commissioner, District 3
Donna Fiala, Commissioner, District 1
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK
TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
Page 1
February 8, 2006
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
REGULA nONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA.
Ordinance 2006-07 - Adopted w/changes 5/0; Motion taken to Deny 10.03.05-
Approved 5/0
Additional LDC Amendments: 1 st Public Hearing regarding
108.02: Definitions for GAP Housing (p. 124 and 124A) and
2.06.03: Affordable Housing Density Bonus Rating System and other amendments
not covered during the January 11 BCC-LDC meeting
-Continued to 2nd Public Hearing to be held on February 28, 2006 during the
BCC-Regular Meeting
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 2
February 8, 2006
01/12/2005 10:55
23%435%8
COLLIER CTV ZONING
PAGE 02/05
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
~.-- -~
To: Cl.rk to the Board: Pl..... ploc.the following a, a:
Normal legal Advertisement
.*.****..w*.*..**..**.***~~"*..*~.******w*.****..*~*****~
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Date 1-/l-0l.4
Originating Dept/ Div: Comm.Dev.Serv.lPlanning
?erson:
petition No. (If none, give brief description): 1005 Cyetel LDC Amendments
petitioner: (Name /!l. Addres.): Catherinc Fabacher, Principal Planner, Zoning and Land Deve;opment, 2S00 Nort" Horseshoe Drive,
Naples, Fla. 341 ()4
Nl.l!le & Address of any person(s) to be notified by Clerk', Office: ([fmor. .pace i. needed, .ttaeh .eparate sheet)
Hearing before
Bce 1L-
BZA
Other
Re"".sted Hearing date: ~ Based on advertisement appearing ,.j,. day, hefore hearing.
Ncwspaper(s) to be u.ed: (Complete only if important):
xxx Napl.. Daily News
Other
o Legally Required
proDosed Text: l1ndude 101m d..erlntion &. <ommon location & Slze:(See Attach.d Ad)
Does Petition Fee include advertising co.t? ~ Ves
1 t:l-I 38312-649\ 10
Reviewed by:
o No If Yes, whet account should be charged for adverti.ins cost,.
~ ~/Ob
Dole
API'roved by:
County Manaier
Date
DISTRIBUTION INSTRUCTIONS
A. For bearing. bcfore BCe or BZA: Initiating person to .omp..te o.e coy and obtain Division Hesd approval before
submitting to County Mlnag.r. Note: If1e&al doeument i. involv.d, b. sure that any necessary legal review, or request
for .ame, i, submitted to County Attorney before submitting to County Manager. Tbe Manag.r's otTi.. will distribute
eopi..:
o County Manager agenda tile: to
Clerk's Office
o Reque,ting Division
o Orillina.
BOther heannss: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USE ONLY:
Date R.eceived: ~ Date cfpublic hcaring, __ Date Advertised:._
January 12, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish the following public notice, as a Display advertisement , 'I.
page, with map attached, Legal Notice in your edition of February 2, 2006,
and furnish proof of publication of the advertisement to the Collier County
Development Services Building, Department of Zoning and Land
Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104,
Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINALS to
Margie Student-Stirling, Esquire, Collier County Attorney's Office, 2800
North Horseshoe Drive, Suite 300, Naples, Florida 34104 and the Minutes
and Records Department, Bldg. F, 3301 E. Tamiami Trail, Naples, FL 34112.
Kindly send the Affidavit of Publication, in triplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Heidi R. Rockhold,
Deputy Clerk
P.O.lAccount # 113-138312-649110
Department of Zoning and Land Development Review
January 12, 2006
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish the following public notice, as advertisement for a Display
advertisement, 'I. page, with map attached, Legal Notice in your edition of
February 2, 2006, and furnish proof of publication of the advertisement to the
Collier County Development Services Building, Department of Zoning and
Land Development Review, 2800 North Horseshoe Drive, Naples, Florida
34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINALS
to Margie Student-Stirling, Esquire, Collier County Attorney's Office, 2800
North Horseshoe Drive, Suite 300, Naples, Florida 34104 and the Minutes
and Records Department, Bldg. F, 3301 E. Tamiami Trail, Naples, FL 34112.
February 8, 2006
BCC PUBLIC HEARING
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on February 8, 2006, at 5:05 P.M., in the Board of
County Commissioners' Meeting Room, 3rd Floor, Harmon Turner Building "F,"
Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners, proposes to take under advisement
amendments to the Collier County Land Development Code, the title of which is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT
REGULATIONS FOR THE UN-INCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER 1 GENERAL PROVISIONS,
INCLUDING: SEC. 1.04.04 REDUCTION OF REQUIRED SITE
DESIGN REQUIREMENTS, SEC. 1.08.01 ABBREVIATIONS, SEC.
1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND
USES, INCLUDING, SEC. 2.01.00 GENERALLY, SEC. 2.01.03
ESSENTIAL SERVICES, SEC. 2.03.01, RESIDENTIAL ZONING
DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC.
2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT,
SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES,
SECTION 2.06.03 AHDB RATING SYSTEM; CHAPTER 4 - SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING: SEC.
4.01.03 LOT DIMENSION MEASUREMENT STANDARDS, SEC.
4.02.03 SPECIFIC STANDARDS FOR THE LOCATION OF
ACCESSORY BUILDINGS AND STRUCTURES, SEC. 4.02.14
DESIGN STANDARDS FOR DEVELOPMENT IN THE ACSC-ST
DISTRICT, SEC. 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL
SUBDISTRICT (NC), SEC. 4.02.17 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT
(W), SEC. 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN
THE BMUD - RESIDENTIAL SUBDISTRICT (R1), SEC. 4.02.19
DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-
RESIDENTIAL SUBDISTRICT (R2), SEC. 4.02.20 DESIGN
STANDARDS FOR DEVELOPMENT IN THE BMUD -
RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN
STANDARDS FOR DEVELOPMENT IN THE BMUD -
RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT
(RNC), SECTION 4.02.35 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD - MIXED USE SUBDISTRICT
(MXD), SECTION 4.02.36 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD - RESIDENTIAL SUBDISTRICT
(R), SECTION 4.02.37 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER
COMMERCIAL OVERLAY DISTRICT (GGDCCOD), SECTION
4.03.02 APPLICABILITY, SEC. 4.03.03, EXEMPTIONS, SEC.
4.05.03 SPECIFIC PARKING REQUIREMENTS FOR
RESIDENTIAL USES IN MIXED USE URBAN RESIDENTIAL
LAND USE, SEC. 4.06.02 BUFFER REQUIREMENTS, 4.06.05
GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.07.02
DESIGN REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL
STANDARDS, INCLUDING SEC. 5.05.08 ARCHITECTURAL AND
SITE DESIGN STANDARDS, SEC. 5.06.04 SIGN STANDARDS
FOR SPECIFIC SITUATIONS, SEC. 5.06.06 PROHIBITED SIGNS,
SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SEC. 6.06.03
STREETLIGHTS; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS INCLUDING, SEC. 9.04.02 TYPES OF
VARIANCES AUTHORIZED; CHAPTER 10 - APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING:
SEC. 10.02.01 PRE-APPLICATION CONFERENCE
REQUIREMENTS, SEC. 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL
REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC.
10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, 10.02.06
SUBMITTAL REQUIREMENTS FOR PERMITS, 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC
FACILITY ADEQUACY, SEC. 10.02.13 PUD PROCEDURES, SEC.
10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS,
SEC. 10.08.00 CONDITIONAL USES PROCEDURES; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
PUBLICATION AS THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Some items for the
February 8, 2006, public hearing will be continued to the regular Board of
County Commissioners meeting on February 28, 2006. Copies of the proposed
ordinance are available for public inspection in the Department of Zoning and
Land Development Review, Community Development Services Center, 2800 N.
Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00
P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Board of
County Commissioners with respect to any matter considered at such meeting
or hearing, he will need a record of the proceedings, and for such purpose he
may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Patricia L. Morgan, Deputy Clerk
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Heidi R. Rockhold
From:
Sent:
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Subject:
ClerkPostmaster
Thursday. January 12. 2006 2:52 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT874167.txt; LDC 2006 Cycle II Amendments
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ATT874167.txt
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LDC 2006 Cycle II
Amendments
This is an automatically generated Deliver)' Status Notification.
Your message has been successfidly relayed to the.f()llowing recipients, but the requested
delive/:v status notifications may not be generated by the destination.
I egals(jl;,n apl es news. com
Heidi Rockhold
Heidi R. Rockhold
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday. January 12. 2006 2:53 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT874176.txt; FW: PDF file LDC-2006-Cycle II (5 day Ad) Map
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legals (O)napl es news. com
Heidi Rockhold
Heidi R. Rockhold
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday. January 12. 2006 2:52 PM
Heidi R. Rockhold
Delivered: LDC 2006 Cycle II Amendments
Attachments:
LDC 2006 Cycle II Amendments
B
LDC 2006 Cycle II
Amendments
<<LDC 2006 Cycle l/ Amendments>> Your message
To: legalsCi.ljnaplesnews.com
Subject: LDC 2006 Cvcle 11 Amendments
Sent: TIm, 12 .Ian 2006 /4:52:08 -0500
was delivered to thej{)!luwing reClf)ient(s):
legals on Thu, /2 Jail 2006 14:52:05 -0500
I leidi Rockhold
Heidi R. Rockhold
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday. January 12. 2006 2:54 PM
Heidi R. Rockhold
Delivered: FW: PDF file LDC-2006-Cycle II (5 day Ad) Map
Attachments:
FW: PDF file LDC-2006-Cycle II (5 day Ad) Map
f-71
L::..J
FW: PDF file
LDC-2006-Cycle I... <.. "F' IF.. I)[J/;'./z'I".' I [J(' ?()()6 (' I 1/ (5 I 4 I '1 }7
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To: legals@naplesnews.col1l
Subject.. FW: PDFfile LDC-:!006-Cycle If (5 day Ad) A4ap
Sent: Thu. 12Jan ]006 14:53: 15 -0500
was delivered to thefollowing recipient(s):
legals on Thu, /2 .Ian 2006 14:53:37 -0500
Heidi Rockhold
LDC 2006 Cycle II Amendments
Page 1 of1
Heidi R. Rockhold
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Thursday. January 12, 2006 2:59 PM
To: Heidi R. Rockhold
Subject: RE: LDC 2006 Cycle II Amendments
OK
-----Original Message--m
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us]
Sent: Thursday, January 12,20062:52 PM
To: legals@naplesnews.com
Subject: LDC 2006 Cycle II Amendments
Legals,
Please advertise the above mentioned notice on Thursday, February 2, 2006. An
additional email willfollow with the requested LDC map.
<<LDC- 2006- Cycle II (5 day Ad).doc>> <<LDC- 2006- Cycle II (5 dayad)2-8-06.doc>>
Ilquestions, please call.
77wnk you,
Heidi R. Rockhold
Clerk 10 Ihe Board o/County Commissioners
Millules and Records Departrnent
(Phone) 239-774-841 J
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl.us)
1/12/2006
Naples Daily News I Collier County Board of County Commissioners
Page I of2
fl"I,IUJ<: .t'lPII,'.t~ rl'~.LI(:..N(~m:r: J>11~J,!(:N,~r!rr:
February 8, 2006
BCC PUBLIC HEARING
NOTICE OF LANO oeveLOPMENT CODE CHANGE
Notice is hereby given U1aloll February 8, 2006, at S:llS P,M,. in Ihe Board 01 COiJOty COmmissioners' Llll<lting
Room. 3" Floor, Harmoo Tumer Building 'F: COllier County Government Center. 3301 Easl Tarniami Trail.
Naples, FIOIida, lne &lard 01 COunty Commissiollers, proposes to lake under advir.emenl amendments to lbe
Collier Counly land Oevelopmenl Code. the lille 01 which 1$ as lollows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA. AMENDING ORDINANCE NUMBER. 04-41, AS AMENDED, THE COlLIER
COUNTY LAND DEVELOPMENT CODE, ~VHICH INCLUDES THE COMPREHENSIVE !.AND
DEVELOPMENT REGULATIONS FOR THE UN.INCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE. RECITALS: SECTION TWO, FINDINGS OF
FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 . GENERAL PROVISIONS.
INCLUDING: SEC. 1.04.04 REDUCTION OF REOUIRED SITE DESIGN REOUIREMENTS, SEC,
1.0801 ABBREVIATIONS, SEC. 1.08.02 DEFINITIONS: CHAPTER 2 - ZONING DISTRICTS AND
USES. INCLUDING, SEC. Ull.00 GENERALLY. SEC. 2.01.03 ESSENTIAL SERVICES, SEC.
2.0301. RESIDENTIAL ZONING DISTRICTS. SEC. 2.03.07 OVERLAY ZONING DISTRICTS,
SEC, 2.04,03 TABLE OF !.AND USES IN EACH ZONING DISTRICT, SECTION 2.05,01 DENSITY
STANDARDS AND HOUSING TYPES. SECTION 2,06.03AHDB RATING SYSTEM; CHAPTER 4-
SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING: SEC 4,01.03 LOT DIMENSION
MEASUREMENT STANDARDS. SEC. 4.02,03 SPECIFIC STANDARDS FOR THE LOCATION
OF ACCESSORY BUILDINGS AND STRUCTURES. SEC. 4.02,14 DESIGN STANDARDS
FOR DEVELOPMENT IN THE ACSc..ST DISTRICT. SEC. 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (NC). SEC.
4.02.17 DESIGN STANDARDSFORDEVELOPMENTINTHE BMUD,WATERFRONTSUSDISTRICT
(W). SEC. 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL
SUBDISTRICT {R 1}. SEC. 4.02. HJ DE SIGN STANDARDS FOR DEVELOPMENTlN THE BMUD-
RESIDENTIAL SUBDISTRICT (R2). SEC, 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN
THE BMUD - RESIDENTIAL SUBDISTRICT (R3}. SECTION 402,21 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD- RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT
(RNC), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD _ MIXED
USE SUBDISTRICT (MXD~ SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN
THE GTMUD - RESIDENTIAL SUBDISTRICT (R). SECTION 4.02.37 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY
DISTRICT (GGDCCOD). SECTION 4.03.02 APPLICABILITY, SEC, 4.03.03, EXEMPTIONS,
SEC, 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR RESIDENTIAL USES IN MIXED USE
URBAN RESIDENTIAL LAND USE. SEC. 4.0602 BUFFER REQUIREMENTS. 4.1)6,05 GENERAL
LANDSCAPING REQUIREMENTS. SEC. 4.07.02 DESIGN REQUIREMENTS: CHAPTER 5
. SUPPLEMENTAL STANDARDS. INCLUDING SEC. 5,05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS, SEC, 5.06,04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SEC.
5,06.06 PROHIBITED SIGNS, SEC. 5.06.07 ENFORCEMENT AND PENALTIES: CHAPTER 1)-
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS.
INCLUDING SEC. 6.06.03 STREETLIGHTS; CHAPTER 9 - VARIATIQNS FRQM CODE
REQUIREMENTS INCLUDING, SEC, 9.04.02 TYPES OF VARIANCES AUTHORIZED: CHAPTER
10 - APPLICATION, REVIEW, AND DECISION,MAKING PROCEDURES. INCLUDING: SEC.
10.02,01 PRE.APPLlCATION CONFERENCE REQUIREMENTS, SEC 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS. SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS.
10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS. 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SEC. 10.02.13 PUD PROCE[)LJRES.
SEC. 10.03.05 NOTICE REOUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.08.00 CONDITIONAL
USES PROCEDURES: SECTION FOUR. CONFLICT ANO SEVERABILITY; SECTION FIVE.
PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX.
EFFECTIVE DATE
All interested pIlrties are inviled to appear and be heard, Some lIems for the Febroal)' 8. 2006,
publ;.: hearing will be cOIl~nued to the rElllular Board of CoUOly Commissioners mooting 011
February 28. 2006. Coples of the proposed ordinarn:e are avaHable lor pub~c inspeClion in the
Depatlinellt 01 ZOlling and Land Development Review. Community Development Sel'Vic:e:s Center.
2800 N. Horseshoo Drive, Naples. Florida, betwll<ln tne hours 01 8:00 A.M. and 5;00 P.M.. Mon<lay
through Friday, ... . ...............
,....'"
If a person decides to appeal any decision
mad e by the Collier County Board or Counly
Commissi(ulefS wilh respect \() any maUer
coosidered al such meeting or hearing. he win
need a record 01 the proceedings, and for such
purpose he may need to enllOre that a verba~m
record 01 Ihe proceedings is made. which
record includes the testimony and ellk! ence
upon which the appeal is 10 be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS. CHAIRMAN
DWIGHT E. BROCK, CLERK
By; Patricia L. Morgan. Deputy Clerk
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http://display.naplesnews.com/rop/ads.aspx?advid=338715&adid=2540616&cat=3349
2/2/2006
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34 J 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florid:J; distributed in Collier and Lee counties of Florida: that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper
timers) in the issue February 2nd. 200'
Atliant I'urth....... says that the said :;\aples Daily :'\~ws is II newspaper
published al Naples. in said Collier County, Florida, and that the said
newspap<:r has heretof'lxe been continuously puhlish..:d in said Collier
County, Florida; distributed in Collier and l.ce counties of Florida,
each day and has been enh::red as second class mail matter at the post
o1lice in Naples, in said Collier Count)', Florida, for a period of ]
Jiear next preceding the first publication orthc attached copy of
advcrtiscmcnt~ and amant further says that be has neither paid nor
promiscd any p(''fson. firm or corporation any disl,;ount. rchat.:.
l,;()1llmission or rdund for the pllJT>ose of securing this advertisement for
publication in the said nCWSpapL'f.
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( Signature of afliant)
Sworn to ,md subscribed before me
This Feb ary 2nd, 200G
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(, ignaturc of notary public)
""~~"~~'" Harriett Bushono
:~~';;;:"i~:% M' COMMISSION # DD234669 EXPIRES
.;..Ji!k.'iI-' M/24. 2007
:;i.....b.~.'. "'JNI)WiHRUTROl' FA!NINSURANCE,INC
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JlUBI IC,JIIOTlc.JL._" ..,,,lill.,1~U"'N01JCE PUBLIC NOTICE"
February 8, 2006
BCC PUBLIC HEARING
. . .NOTlCEI!~~~v~~'m;~ CHAH~
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Notice il ~.Irtby g.iven th~on F.e bMtYm '. ; ~lI' '.~...'i;~ t!'IlI:.'."D;!. ~fIo. njrIliHIb.. ne~' Meetin,9
Room, 3 FloOr, Harmon 'I'Ui1* IMdil ..,. .,;.., \~ . . .wlllJQ1'&I/;Tanllaml Trail,
Naplel, Flolkla, the !lolInj of COUnty C, . t61like 'a ent emllldmentl to tha
Colliar County Lanal)evelopment CoeIe, the title of wh ch il IS 1011Owl:'
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ANOROINANCE OFTftS . "OAAOOF COUNTY CQMMISSIONERSOF COLLIER COUNTY.
FLQRIOA,lMtENllllMU,GlROINANeE NUMBER;~1. Jl\S AMENDED, THE COLLIER
COUI'tTY 1,.A1iIDj~TjCOOE, WHICH II'tCLUOES THE COMPREHENSIVE LANO
DEV 'ELOP. MfiNTg.GU.V<it. SFGRTHEU'N.INCO. RPORATEDA. REA OF COLLIER COUNTY,
FLORIDA,SVPROVI .., .:' S~TIOI'tOl'tE, RECITi\LS;SECTIONTWQ, FINDINGS OF
FACT; SECTION. .... PTION OFAMENDMENTS TO THE LANODEVELOPMENTCODE,
MORE SPEClI'ICAI.~V .NOINGtHE FOLLOWII'tG: CHAPTER 1 . GENSRAL PROVISIONS,
INCLUDING: S~. t, . '.I!tEQUCTIONOF REQUIRED SITE DESIGN REQUIREMENTS, SEC.
1.08.01 A8BREVlATIO '.0.1,08;02 DEFINITIONS' CHAPTER:2 - ZONING DISTRICTS AND
USES,INCLUOIN~ .\}-;O"''OO GJ;NERALL'!t SEC. 2.01.03 ESSENTIAL SERVICES. SEC.
2.03.01, RESIDENt, liIG DISTRICTS, ~EC. 2.03.01 OVERLAY ZONING DISTRICTS.
SEC. 2.04;03 TABL'lISIi!SIN EACH ZONING DIS.TRICT, $SCTION 2..05.01 DENSITY
STANDA.ROSANO .T'I:'~lS$, SECTION 2.08.03AHDtI RATING SYSTEM; CHAPT~ 4-
SITE DESIGN AND . TSTANPARDS,IIIIeI.UDING: SEC. 4.01.03 LOT DIMENSION
MWURiMiIIIT ~llS, SEC. 4.02.,03 SF!EC1FtC STANDARDS FOR THE LOCATION
OF"AeO!SSOItY BUILDINGS AND STRUOTURES. SEC. 4.02.14 D.ESIGN STANDARDS
FOR. OE_IEN~. . SC-ST DIST.RICT~SEC. 4.o2.160ESlGN STANO."'ROS-FQR
DEVEL .:ftII':... :,,.g;;NE1GH~IDtOOO'eoMM&RCIAL SUBDISTRICT,(NC), SEC.
4.02.17DESI NSTA. IWSFGROEVeLOf'MENTINtHEIIilUO.WATERFR.O N. TSUBDISTRICT
(Wl. SEC. 4.02.18. DESIGN $TANPAADS FOR OM.' LOPMEN'I'#llTHE BMl,lO ...R~Ii./lNTIAL
SUBDISTRICT (R1). SEC. 4,Q2.19 oesrGlfliTANDARDS f'OR DEVELOPMEtilTlNTHEBMUD-
RESIDENTIAL SlJ8OISTRlOT(R2),.SEC.4.02,:20OSSlGN STANDAROS f'ORDliVELOPMENt IN
THEBMUD - RESID!:NTIAL SUBDISTRICT (R3), SECTION 4.02,21 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD-RESIDENTIALNEIGHBORHOOD COMMERCIAL SUBDISTRICT
(RNCl, SECTION 4.02.35 Dl!SIGNSTANDARDS FOR DEVELOPMENT IN THE GTMUD - MIXED
USE SUBDISTRICT {MXO), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN
THE GTMUD - RESIOENTlAL SUBDISTRICT (R), SECTION 4.02.31 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY
DISTRICT (GGOCCOD), SECTION 4.03.02 APPLICABILITY, SEC. 4.03.03, EXEMPTIONS,
SEC. 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR RESIDENTIAL USES IN MIXED USE
URBAN RESIDENTIALI;ANDUSE, SEC. 4.06.02 BUFFER REQUIREMENTS, 4.06.05 GENERAL .
LANDSCAPING REQUIREMENTS, SEC. 4.01.D2. OESIGN REQUIREMl!NTS; CHAP.:rER 5
. SUPPLEMEN'I'Al. STANDAROS. INCLUOING SEC.. 5.ll5;OlI ARCHITSCTURl'L AND .$Il"E
DESIGN STANDARDS, SEC. 5.06.04 SIGN STANDARDS FOR SPEClFICSITUATlbNS, SEC.
5.06.06 PROHIBITED SIGNS, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS.
INCLUDING SEC. 6.~.o3. STREETLIGHTS; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS INCLUDING, SEC. 9.04.02 TYPES OF VARIANCES AUTHORIZED: CHAPTER
10 - APPLICATION, REviEW, AND DECISION-MAKING PROCEDURES, .INCLUDING: SEC.
10.02.01 PRE-APPLICATION CONFERENCE REQUIREMENTS. SEC. 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02,03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS,
10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, 10.02.07 SU8MITTAL REQUIREMENTS
.FOR CERTIFICATES OF PUBlIC FACILITY ADEQUACY, SEC. 10,02.13 PUP PROCEDURES,
SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.08.00 CONDITIONAL
USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
PUBLICATION AS THE COLLIER COUNTY LAND QEVELOPMENT CODE: AND SECTION SIX,
EFFECTIVE OATE,
All interested parties are invited to appear and be heare!. Some lteml for the Fabruary 8, 2006; .
publiC haaring will ba oontlnuecl to. tha ~gular Board of County Commi8sionars meating on
Fabruary 28, 2008. Copl" of the propoeecl orclinance ai'll available for public inspaellon in the
[)apartment of Zoning ana Land Development Review, Community Development Sarvlces Centar,
2800N. Horaeshoe Orille, Naplea, f'1ortcla, between the hours of 8:00 A,M. ana 5:00 P.M., Monaay
throull~ Friday. .. r.. ..., "" m,.',.. ..',.., .." ..., , ... ..' ,
If a pe~on aeclaes to appeal any decision ;_~,;'
maele by the Collier Coumy Board of CQunty I e... en",
Commiasioners with 1'II8pect, te any maltlir ,..,... "
oonliaerea at IUclr meeting or heerlng, he will ! ,:
neecl a l'llcore! of the proeatdlngl, ana for such : , ~
purpose he may neecl to enaul'll thlIt a verbatim
I'IIcorcl of thI! Pl'l1CBecll9illa~, whictl
recore! inoluctes the lHlIlI100yalld eviaehcie ~
upon which tha appeal III 10 be baeecl. . ' ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIOA
FRANK HALAS,CHAIRMAN
DWIGHT E. BROCK, CLERK
By: PatriCia L. ~organ, Deputy Clerk
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F&brullrv 2 2008
ORDINANCE NO. 06- 07
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
DEVELOPMENT REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING:
SEC. 1.04.04 REDUCTION OF REQUIRED SITE DESIGN
REQUIREMENTS, SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING
DISTRICTS AND USES, INCLUDING, SEC. 2.01.00 GENERALLY, SEC.
2.01.03 ESSENTIAL SERVICES, SEC. 2.04.03 TABLE OF LAND USES
IN EACH ZONING DISTRICT; CHAPTER 4 - SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING: SEC. 4.02.03 SPECIFIC
STANDARDS FOR THE LOCATION OF ACCESSORY BUILDINGS AND
STRUCTURES, SEC. 4.02.14 SAME-DEVELOPMENT IN THE ACSC-ST
DISTRICT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03, EXEMPTIONS,
SEC. 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR
RESIDENTIAL USES IN MIXED USE URBAN RESIDENTIAL LAND
USE, SEC. 4.06.02 BUFFER REQUIREMENTS, 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS, SEC. 4.07.02 DESIGN
REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SEC. 5.05.08 ARCHITECTURAL AND SITE DESIGN
STANDARDS, SEC. 5.06.04 SIGN STANDARDS FOR SPECIFIC
SITUATIONS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS
AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEC. 6.06.03 STREETLIGHTS; CHAPTER 9 - VARIATIONS FROM
CODE REQUIREMENTS INCLUDING, SEC. 9.04.02 TYPES OF
VARIANCES AUTHORIZED; CHAPTER 10 - APPLICATION, REVIEW,
AND DECISION-MAKING PROCEDURES, INCLUDING: SEC. 10.02.01
PRE-APPLICATION CONFERENCE REQUIRED, SEC. 10.02.02
SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC.
10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT
PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS,
10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13
PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 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,
SEC. 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land Development
Code (hereinafter LDC), which 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 1 of 42
Words struck tRroHgR 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. ~
163.3161 etseq.), and F.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, ~ 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 fu lIy 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 struck tRfBHgR 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 stnoiek tAfS\,lgA 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
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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.
B. ~Jo lot, ovon thol,l€lh it may consist of ono or more agjacont lots of record, or yard
oxisting at tho offoctivo gato of thiE LDC shall thoreaftor 00 rogucog in sizo,
gimOnEion, or area bolow tho miniml,lm ro~l,liremonts set forth horoin, oxcept by
roason of a portion ooing acql,lirod for l3l,lblic uso in any mannor, incll,lging
gogicatien, condomnation, purGhaso and tho 1iI~0. yards, lot aroa, and let dimonsiom:
rogt/God in thiE mannor, may 00 reducog oy tho samo amount imelveg in tho
dogiGation, Gondomnation, pl,lrGhaso or Eimilar mothod of acquisition, out shall not
rosult in a fmnt yard 10ES than ton (10) foot in Elopth. Lots or yards GroatoEl after tho
offoctivo Elato of this LOC shall moot atloaEt tho minimum roql,liromonts ostaolishod
horoin.
Page 4 of 42
Words strnek tAf0Ugh are deleted; words underlined are added
C. ROEl~iros off €:troot parking assording to tho roEluirornonts of this LDC shall net bo
roducod in aroa or "hangod to any olhor uso <lnloss tho porrnittod or perrnis€:ible <lse
that it SOryo€: is sis"ontinues or rnosifiod, or oEluivalont roEl<lirod off €:troot parking is
provisod meoting tho rOEl~irorRont€: of this LDC.
B. Minimum standards: nonconformities created bv public acquisition.
1., All lots or yards created after the effective date of this Code must complv
with the requirements then established bv this Code.
2. No lot. even thouqh it mav consist of one or more abuttina lots of record, or
yard. existinq at the effective date of this Code or lawfullv 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 bv
reason of a portion thereof beinq acquired for public use in anv 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 nonconformina or more leqallv
nonconformina as a result of beinq acquired for public use. mav be
reduced bv 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. Accordinqlv. 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, tvpicallv bv re-development. re-plat
or lot re-combination, at which time such lots and yards must complv
with the requirements then established bv this Code. Further, no
conforminq lot otherwise qualifvinq for a lot split or lot line adiustment
pursuant to Sec. 10.02.02. B.8; 10.02.02. B.12.1.04.04 or 9.03.03.A.5
mav be denied such approval solelv 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 countv 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 leqallv nonconformina, and all such
resultinq nonconformities mav be allowed to remain so
nonconformina, unless or until the remaininq lot or yard is
subsequentlv re-created or re-developed. at which time such site
related nonconformities and development must complv with the then
existinq requirements of this Code.
c. In those circumstances where acquisition 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 remedv
the effect of an acquisition, (e.q.. an SOP or buildinq permit required to
relocate a prior existinq buildinal. the Countv manaqer. or desiqnee, is
authorized to approve such development order or permit so lonq as
anv prior existinq leaal nonconformitv of the tvpe set forth in b. above
would not be increased.
Page 5 of 42
Words stmek through are deleted; words underlined are added
3. This section mav be applied to those acauisitions occurrina prior to the
adoption of this ordinance so lona as the purchase or dedication of the
properlv has not closed. or the condemnation proceedina relatina to the
properlv acauired has not reached final disposition.
C. Other than provided for immediatelv above, reauired off-street parkina shall not be
reduced in area or chanaed to anv other use unless the permitted or permissible use
that it serves is discontinued or modified. or eauivalent reauired off-street parkina is
provided meetina the reauirements 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
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Conservation Collier lands: Lands acauired bv Collier Countv. whether held in
fee or otherwise. under the Conservation Collier Proaram for the purposes of
conservation, preservation and provision of public areen space.
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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 aross floor area of a buildina
clearlv desianed for a parkina facilitv shall not be included in the floor area ratio
calculation.
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Restaurant, drive-throuah: A fast food facilitv with one or more drive-throuah
lanes where food is ordered throuah a speaker phone and a menu board
located in the drive-throuah lane. This tvpe of facilitv has no indoor seatina or
food orderina but mav have walk-up windows and/or outdoor seatina.
Restaurant, fast food: An establishment where food is prepared and served to
the customers in an readv to consume state for consumption either within the
restaurant buildina, outside the buildina but on the same premises, or off the
premises and havina anv combination of two or more of the followina
characteristics:
a. A limited menu, usuallv posted on a sian rather than printed on individual
sheets or booklets:
b. Self-service rather than table service bv restaurant emplovees:
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.
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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 type of facilitv has no indoor eatina or drive-throuah windows. but may have
outdoor seatina.
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Sian, abandoned: Anv sian or sian structure expresslv installed for the purpose
of affixina a sian which bears no sian or COpy for 90 consecutive days or more:
or for a period of 90 consecutive days or more. displavs information which
incorrectlv identifies the business. owner. lessor. or principal activity conducted
on the site: or which throuah lack of maintenance, becomes illeaible or nearlv
so: or is in a state of disrepair. Sians displavina an "available for lease" or
similar messaae 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 sian which contains or uses for illumination any liQht,
liahtina device, or liaht which chanae color. flash. or alternate: or chanae
appearance of said sian or any part thereof automaticallv: any sian which
contains movina parts as part of its normal operation, such as rotatina sians,
shall be considered an activated sian. (See section 5.06.00.)
Sian, advertisina: A sian directina attention to a business, commodity, 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 sian. but shall not include
routine maintenance. paintina or chanae of COpy of an existina sian. (See
section 5.06.00.)
Sian, animated: Anv sian which included action. motion. or the optical illusion
of action or motion, or color chanaes of all or any part of the sian facina.
reauirina electrical enerav, or set in motion bv movement of the atmosphere.
(See section 5.06.00.)
Sian, area: The area of a sian is the entire area within the periphery of a
reaular aeometric form or combination of reaular aeometric forms comprisina all
of the displav area of the sian and includina all the elements of the matter
displaved. The sian area shall include the aaareaate sian area upon which the
COpy is placed and all parts of the sian structure that bear advertisina matter or
are constructed in such a manner as to draw attention to the matter advertised.
Sians consistina of detached letters shall also be measured as defined above.
(See section 5.06.00.)
Sian. awnina (aka canopy sian or marauee sian): A sian 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 sian such as used to announce open houses,
arand openinas 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 property 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.)
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Sian, bulletin board: A board for postinq notices such as those found at a
school. church or other civic orqanization. (See section 5.06.00.)
Sian, canODV:
(See Awnina, sian.)
Sian, chanaeable CODV: Anv Dermanentlv enframed siqn illuminated or not
which is principallv devoted to and desiqned for chanqeable text and qraphics.
includinq electronicallv controlled public service, time, temperature, and date
siqns. messaqe centers. or reader boards. (See section 5.06.00.)
Sian, Construction sian: A siqn erected at a buildinq site that displavs the
name of the proiect and identifies the owner. architect. enqineer. qeneral
contractor. financial institutions and other firms involved with the desiqn or
construction of the proiect.
Sian, CODV: The letters. text. or other qraphics which compose the messaqe
displaved upon the siqn surface area. (See section 5.06.00.)
Sian, directional: An on-premises siqn qivinq direction. instructions, or facilitv
information such as parkinq or entrance or exit siqns, and which may contain the
name. loqo, service or activity of an establishment. (See section 5.06.00.)
Sian, directorv: An on-premises siqn of permanent character indicatinq 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 siqn is maintained. This siqn may be a freestandinq (pole. monument or
qround). awninq. or wall siqn as otherwise permitted bv this code. Such siqns
may have chanqeable COPY. (See section 5.06.00.)
Sian. double-faced: A siqn havinq two displav surfaces. displavinq the
same COpy on both faces. which are parallel and back-to-back and not more
than 24 inches apart. Double-faced siqns shall be measured bv onlv one side if
both sides are advertisinq the same business. commodity. or service. (See
section 5.06.00.)
Sian, electric: Anv siqn containinq electric wirinq. but not includinq siqns
illuminated bv exterior Iiqht sources. such as floodliqhts. (See section 5.06.00.)
Sian, entrance or aate (a/k/a subdivision sian):Anv community entry siqn which
is desiqned to identify a subdivision or neiqhborhood, includinq but not limited to
industrial and commercial parks, multifamilv proiects. and sinqle-familv
residential development. (See section 5.06.00.)
Sian face: The area, displav surface, or part of assiqn on which the COpy of
messaqe is placed. (See section 5.06.00.)
Sian. f1ashina: A flashinq siqn is an activated siqn on which any electric
Iiqhtinq bv any device is either alternated on and off or raised and lowered in
briqhtness or intensity. (See section 5.06.00.)
Sian, freestandina: (See Pole sian.) (See section 5.06.00.)
Sian, around (aka monument sian): A siqn, eiqht (8) ft. in heiaht or lower
which is independent of support from any buildinq. that is mounted on
freestandinq poles or other supports. and shall include a pole cover that is
between fifty (50) percent and one hundred (100) percent of the overall siqn
width.
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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
liaht throuah exposed bulbs. lamps. or luminous tubes on the sian surface: (b)
emits liaht throuah transparent or translucent material from a source within the
sian: or (c) reflects liaht 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, seNice. or activity. (See section 5.06.00.)
Sian. mansard: Anv sian which is attached to a mansard-sMe roof with the
face parallel to the structure to which it is attached and which does not proiect
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. seNice or activity 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 strina 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 any buildina, that is mounted on freestandina poles or other
supports. and shall include a pole cover that is between fifty (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. portable: Anv sian which is desianed to be transported, includina bv
trailer or on its own wheels, even thouah the wheels of such sians may 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 stmek tllreHgll are deleted; words underlined are added
characteristic of such a portable siqn that the space provided for advertisinq
matter consists of a chanqeable cOpy siqn. (See section 5.06.00.)
Sian, Droiectina: Any siqn which is attached to. and which proiects. more than
18 inches from the outside wall of anv buildinq or structure, excludinq wall,
marquee. and canopy siqns. (See section 5.06.00.)
Sian, Proiect Identification Sian: Shall mean a siqn which provides
identification or recoqnition of a development only, individual tenants or
outparcels are not permitted to use this type of siqnaqe. (See section 5.06.00.)
Sian. Dublic service: Any siqn intended to promote primarily a public
purpose includinq items of qeneral interest to the community welfare. It may also
refer to a siqn desiqned to render a public service such as, but not limited to.
time and temperature siqns. (See section 5.06.00.)
Sian, real estate: A siqn 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 siqn intended to identify a residential
subdivision or other development. (See section 5.06.00.)
Sian, revolvina (a/k/a rotatina sian): Anv siqn so erected or constructed as to
periodically or continuously chanqe the direction toward which any plane
containinq the displav surface is oriented. (See section 5.06.00.)
Sian, roof: Any siqn erected, constructed, or maintained either on the roof. or
more than 18 inches above the roof of any buildinq. (See section 5.06.00.)
Sian. safetv: A siqn used only for the purpose of identifyinq and warninq
of danqer, or potential hazards. (See section 5.06.00.)
Sian. sniDe: A siqn made of any material and attached to a utility pole.
tree. fence post. stake. stick. mailbox, or any similar obiect. (See section
5.06.00.)
Sian, sDecialDuroose: Directional. safety, and other siqns of a
noncommercial nature. (See section 5.06.00.)
Sian structure: Any structure which supports or is capable of supportinq anv
siqn. Said definition shall not include a buildinq to which a siqn is attached. (See
section 5.06.00.)
Sian. temDorarv: A siqn intended to advertise community or civic proiects,
construction proiects. or other special events on a temporary basis, for a
desiqnated period of time. (See section 5.06.00.)
Sian, V-Die: A siqn describinq a farm where the customer picks or purchases
the produce directlv from the premises on which they are mown or produced.
(See section 5.06.00.)
Sian, V-shaDed: Two sinqle-face freestandinq siqns that are constructed in
the form of a "V" when viewed from above. provided the internal anqle at the
apex is not more than 90 deqrees. and the two faces are not separated by more
than six inches at the apex and displayinq the same copy on both faces. (See
section 5.06.00.)
Sian. vehicle: Anv siqn affixed to a vehicle other than a license plate, or
other identification required for access to restricted parkinq areas. a reqistered
loqo, trademark, or service mark. (See section 5.06.00.)
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Sian, wall, fascia or parapet: A sian affixed in a manner to any exterior wall
of a buildina or structure. and which is parallel to and proiects not more than 18
inches form the buildina or structure wall, and which does not extend more than
18 inches above the roof line of the main buildina or from the point wherae the
roof line intersects the parapet wall on which the sian is located, whichever is
more restrictive. (See section 5.06.00.)
Sian, wind: Any sian or display includina, but not limited to. flaas. balloons.
banners. streamers, and rotatina devices. fastened in such a manner to move
upon beina subiect to pressure by wind or breeze, but shall not include official
flaas, emblems. insiania, or pennants of any reliaious. educational. national.
state. or political subdivision. (See section 5.06.00.)
Sian, window: A window sian which is painted on, attached to, or visible
throuah a window, excludina 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 buildina or unit upon which the sians are displayed. (See
section 5.06.00.)
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Sportina and recreational camps: A facility, public or private. which may offer
permanent or temporary shelters such as cabins or tents and is primarily
enaaaed in providina campina, sportina or other recreational activities.
Examples of sportina and recreational camps shall include boys' and airls'
camps. huntina camps. fishina camps. or summer camps.
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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
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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.
a,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.c. 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.
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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 3.0. 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); aR€I
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
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applicable, the times and places of the permitting agency's scheduled
public hearings~: 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) around sian, not to exceed eiqht (8) feet in heiqht with a
maximum sian area of thirtv-two (32) sauare feet: a parkinq area. not to
exceed twenty (20) parkinq spaces; hikinq trails; a fullv 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) sauare
feet. The provisions for Conservation Collier lands in this Code do not
affect the underlvinq zonina districts or land use desiqnations in any
district where Conservation Collier lands are established. Such that no
expansion or diminution of the various zonina district permitted uses is
intended or implied bv these provisions, except as stated above with
respect to minor improvements. Oil and aas exploration as defined and
reaulated in this Code remains a permitted use on or beneath
Conservation Collier lands established in any zoninq district providinq
for oil and aas exploration as a permitted use pursuant to section
2.03.05 8.1.a.(8) of this Code.
B. Permitted essential services IN CON districts, RFMU sending lands, NRPAS2,
HSAS2, AND FSAS2.
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 eiaht (8) feet in heiqht with a maximum sian area of thirtv-
two (32) square feet: a parkina area, not to exceed twenty (20)
parkina spaces: hikina trails: a fullv accessible trail or trail section:
educational kiosks not to exceed one hundred (100) sauare feet;
and public...what about restroom facilities not to exceed five
hundred (500) sauare feet. The provisions for Conservation
Collier lands in this Code do not affect the underlvinq zoninq
districts or land use desianations in any district where
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Conservation Collier lands are established, such that no
expansion or diminution of the various zonina district permitted
uses is intended or implied bv these provisions. except as stated
above for minor improvements. Oil and Qas exploration as
defined and reaulated in this Code remains a permitted use on or
beneath Conservation Collier lands established in the CON
zonina district providina for oil and Qas 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-for-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; aAG
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 services7~
and
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f. Conservation Collier lands which provide for permitted,
nondestructive, passive natural resource based recreational and
educational activities. when such sites require maior
improvements to accommodate public access and use. These
maior 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
any 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 maior improvements. Oil
and aas 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 aas field development and production
as a conditional use, subiect 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; aAG
b. Safety Services limited to law enforcement, fire, and emergency
medical serviceso: and
c. Oil and aas 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
subiect to section 2.03.05 B.1.c.(1) of this Code.
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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 struek tllrougll are deleted; words underlined are added
P = perm itted , ,
~ , '"
u. '" ~
E = permitted with certain exceptions l/) . ,
a: :?o :?o
:?o 'E 'E
Blank cell = prohibited (also see table of 'E .. ..
conditional and accessory uses) oct .. u. u.
0) , u. CIl CIl
" ~ c.. c..
0 (,) 0;
(,) ~ '" E E
(,) Cl :l e :l :l
U5 . == iii :: ::
CIl :l
III " .. 0; ..
~ .;: w :; :; :;
:l '"
0 oct . e e e",
(,) CIl CIl", CIl", CIl~
0; ~ '0, '0, '0.
- .. "iij LL .- U. .- u.
'0 ~ - ::l:: ::l::
Land Use Type or Cateaory :l III CIll/)
Cl a: w a: a: a: a: a: a:
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Security Brokers. Dealers. Exchanqes. 6211-6289
Services
Shoe Renair Shons or Shoeshine Parlors 7251
Shootina ranae indoor 7999
Sinnle-Familv Dwellinns j;1 P P P P P'
Social Services 8322-8399
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Table 1. Permissible Land Uses in Each Zonina District
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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 of42
Words stmek thrololg19 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 teet 3 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 10feat 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 = 1/1001 of building separation.
Page 18 of 42
Words struck tRf0<lgil 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, except
Isles of Capri and properties identified in the Goodland Zonino Overiav which may construct 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 bench mark elevation of the top of seawall cap or top of bank for
determinino the setback for the rear vard accessorv setback on a parcel shall be no hioher than the
averaoe elevation of the top of seawall cap or top of bank on the two immediate adioinino parcels.
420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except
Isles of Capri and properties identified in the Goodland Zonino Overlav which may construct 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 bench mark elevation of the top of seawall cap or top of bank for
determinino the setback for the rear vard accessorv on a parcel shall be no oreater than the averaoe
elevation of the top of seawall cap or top of bank on the two immediate adioinino 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:
4.02.14Same 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.
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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. Any division of land meetinq the definition of
subdivision which is not otherwise exempt by this section shall require the filinq 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 stmek through are deleted; words underli ned are added
4.03.03 Exemptions
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B. 1\ minor subdi'lision, as defined in Chapter 1, for single family
detaGhod and duplex residential development Eh311 bo exer-npt from tho
re'1l,1irGlr-nents and ~reGedl,lreE for preliminary subdivision plats; pro',<idGld,
howovor, nothing Gontainod herein shall exempt SUGh minor subdivision from
tho re'1bliror-nonts and ~roGGlduros for improvemont plans and final subdi':ision
~Iats, and II/hero re'1blirod subdivision improvor-nonts aro Gontem~latod, tho
posting of subdi':ision performanGo seGblrity. No building porr-nits shall be
iSSblOd ~rior to rOGordation of tho final subdivision plat.
C. ^ r-ninor subdivision, as definod in Chaptor 1 for r-nbllti far-nily
rosidontial de'.<elopment and all nonresidontial development shall 130 exempt
fror-n the re'1blireR'lents and proGeduros for ~reliR'linary subdi\'ision platE and
iR'l~reveR'lent plans; provided, however, nothing Gontained herein shall exempt
SI,lGh R'linor subdi':ision from tho re'1bliroR'lentE and prOGOdblreS for dosign
requiroments for assess undor sOGtien 4.04.00, .....ater manager-nont pl3ns unGer
Chapter 6, final subdivision plats under the proGodures set forth in Chal3ter 10,
and sito de':elopment plans undor proGodures set forth in Cha~ter 10, and
where required subdivision impro'/eR'lonts are GontomplateG, tho posting of
subdi':ision porformanGo sOGurity. No building perR'lits shall bo iSSblOG I3rior to
reGordation of the final subdivision plat.
D. :\n intogratod I3hasod development, as defined in Chal3ter 1 and
whiGh has boon provioblsly approved in aGGorGanGe with proGodl,lros sot forth in
Cha~tor 10, shall be exempt from tho rO'1uiromontE, stanGards and proGOGblreS
for proliminary subdivision plats (Chaptor 10) and improvement plans (Chaptor
10); providod, however, nothing GontaineG heroin shall exoR'lpt sblGh intogratod
phaseG de'.<elopment from the re'1blirGlR'lonts and prGlGedures for design
rO'1l,1ireR'lents for assess undor seGtien 4.04.00, water r-nanagemont ~Ians blnder
Chapter 6, final subdivision plats and subdi'.<ision porformanGe sOGurity undor
Chapter 10, and R'lajer site development plans under Chaptor 1 O. ~Jo building
permits shall bo issbleG prior to rOGordatien of the final subdivision plat. These
provisions shall net ro'1uire that tho interior assess within an integrateG phasod
development l3e different from tho GenGitionE in Cha~ter 10 appliGable te site
development plans.
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SUBSECTION 3.J. AMENDMENTS TO SECTION 4.05.03 Specific Parking
Requirements for Residential Uses in Mixed Use Urban Residential Land Use
SeGtion 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 sInisi: tllrollgh are deleted; words underlined 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 qrid stabilization system covered by porvious or
imperviously troatod surface areas made of concrete, crushed stone.
crushed shell. asphalt. pavers or turf parkinq systems specifically
dosi!ill1od desiqnated for the parking of automobiles. The desiqnated
parkinq area wfHGl:t 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 porviobls or imper'/ious
surfaGe 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 !'lorvious or
imperviously troatod surface areas made of concrete. crushed stone,
asphalt. pavers or turf parkinq systems specifically desiqnated for the
parkinq of automobiles. The desiqnated parkinq area shall '...'hiGh FRay not
comprise an area greater than fifty (50%) percent of any required front
yard,~ Ol<GOpt that this shall which. nonetheless will not serve to limit a
driveway to a width te of less than twenty (20) feet" and 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
desiqnated parkinq areas exceed fifty (50) percent of any required 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 porviebls or imper'/iously troated stabilized surface areas made
of concrete. crushed stone. asphalt. pavers or turf parkinq systems
designated for the parking and storing of automobiles. Porvious or
imperviously troatod surface 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.
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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
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C. Table of Buffer Yards
Types 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 required trees may be clustered on common property lines to provide
views. Clustered tree plantinqs shall not exceed 60 feet between clusters.
Page 21 of 42
Words stnwk tllroHgll 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 reauired plant materials mav be clustered to provide views. Clustered
tree plantinas shall not exceed 60 feet between clusters and the clustered hedae
plantinas can be provided as a double row of shrubs that are a minimum of 30
inches in heiaht When the adiacent lake exceeds 1500 feet in width the hedae
plantina shall not be reauired.
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 Development Code, is hereby amended to read as follows:
C. Plant Material Standards
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7. la'Nn grass. Grasses areas shall be planted 'Nith spocios nerR'lally grewn
in permanent lawns common to the Collier County area. GFasses areas
may be sodded, plugged, sprigged, or soodod previses solid sod shall 190
uses in swalos or othor areas sugjeGt te eresion and provided furthor, in
aroas whoro othor than solid sod or grass seod is usos, nursograss seod
shall be sown for immodiato ground coverage until pormanent cO'lorage is
achieved. The uso of drought tolorant sf'locies is advised.
7. Lawn arass. Grassed lawn areas shall be planted with turf arass species
normallv arown for use as permanent lawns in Collier Countv. Lawns
shall be planted usina turf arass sod. pluas. sprias. or seed installation
methods. All water manaaement areas and slopes steeper than 6:1 (6
horizontal to 1 vertical) shall be sodded. The use of drouaht tolerant turf
species is encouraaed. Svnthetic turf shall not be used in anv 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.
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I. Stansarss fer lanssGaf'le oerR'ls. /\11 perimetor landscaf'lo oorR'ls o'/or two foot in
hoight shall moot or OXGOOS tho minimum standards as set forth heroin. .'\11
grassos gerR'ls shall have side slopes no groator than feur to one. Borms f'llantes
with greuns Govor and landscaping shall havo Eisa slef'les no groator than threo
te ene. The toe of the slope shall 190 set back a R'linimum of five feet freR'l the
edge of all right of way and pref'lerty lines. Existing native vogotation shall be
incorporated into tho berms with all slef'los fully stabilized and lansscapod with
troos, shrubs, and ground covor. LandsGapo borms shall not 00 f'llacod within
easomonts 'Nithout writton af'lf'lreval from all ontities claiR'ling an intorost undor
said eaSOR'lenl.
& lanssGapo borms located adjacont to Interstate 75 right of way (I 7€i). Borms
leGatod asjacont to 175 right of way may havo a maximum slopo of 2:1. Such
borms shall gO f'llantod with native ground GO'/or o'/or a orosion central fabric,
and native trees placed at 25 foot on contor, o(;Jlolal in hoight to tho hoight of
tho borm and located '....ithin a miniR'llolR'l ton foot \'lido 10'101 f'llanting area.
I. Treatment of Slopes: The followina landscape and enaineerina standards shall
applv 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 struck tllrougll 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.
(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 sidewalks 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 shall be set back from property iine a
minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a system is
located within a iandscape buffer all buffer plantings shall 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 shall 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 shall be a minimum of 2 feet.
Steeper Than 1:1 Vertical Retaining Walls. See b, c, and d. below, See Also Alternative B below.
Walls 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 architecturally finished or provide a natural appearance. See e. beiow.
Walls if visible from any road, access, or residence shall be set back from property iine a minimum of 2 feet
and be landscaped to provide 80% opacity within 1 year. In addition when a wall is iocated 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 planting 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 away 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 property 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% opacity within 1
year. 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 struck through are deleted; words underlined are added
Slope Cross-Sections 4.06.05.1.
PLAN1l%
~REA
L
m\(......x.)-I
GABIONS
jEXIS1.NG
I__GRDUNO
---------
PERIMETER BERM
ALTERNATIVE "t:,.
""'"
fIl.CEOrC,o.{j'ONSHAiLB[
PL.lNTEOTOPROYIDE'lO'I'
OPACITY WIT>!IN ONE ~E.<.R.
IffACl:15>1OTPlANTEO.
G.IIBION SHALL BE SET BACK
,'I.',N,FROhlPROPE;RlY.IN[
PlJ>,Nl'NC
^Pl:A
PETNNING L.EX'STING
_+ W~_______ ~ROUND
L.':::::J
PERIMETER BERM
ALTERNATIVE "[3"
,
10,' (~Aq
/PU,NTING
I ARE.<.
SLOPE
TREAT~ENT
PERIMETER BERM
ALTERNATIVE" C"
:~~I
10,' (t.i>J<.)
10"(I,IAX.)
I/PUoNTING
V AA~
SLOPE
TREAn,"~J
I JCXISTING
--------------t------------- ~-
SLOPE
TR""T~ENl
PERIMETER BERM
ALTERNATIVE "D"
".1,~
Page 24 of 41
Words .true" tRr811gk are deleted, words underlined are added
iEXISTING
--L _GROUND
FIGURE #1
".T.S
TREES, SHRUBS
& QRNAMENTA.
GRASSES
/EXISTING
~ _GROUND
FIGURE #2
N,T,'
TURF
GRASS
4:1
FIGURE #3
N.T.S
~2~
I
:j-w"\
I > RETAINING~EXISTING
;-, WALL GROUND
- ---
_I
I
FIGURE #4 - PERIMETER
WATER MANAGEMENT WALL
N,T,S
SLOPE TREATMENTS
,c;
Page 25 of 41
/-EXISTI,NG
~_GROI.JND
Words s!rllel. thrslIgR 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
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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 neiQhborhood 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 defined in Chapter 1 and the GMP, the minimum area
required for a PUD shall be two (2) contiguous acres. For purposes of the
planned unit development district only, the term "infill parcels" shall refer to
property implementinq any 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 riQht-of-wav.
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
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C. Building Design Standards
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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.
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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 roflective 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.
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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.
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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 ~ 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 e foot wisQ 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.
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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
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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 no case shall the number of pole or ground signs
exceed two per street frontage.
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a. Ground sians shall provide a pole cover no less than 50
percent of the width of the sian, with architectural desian
features includina colors and/or materials common to those
used in the desian of the buildina to which the sian is
appurtenant. A minimum 100 sauare foot plantina area shall
be provided around the base of any around or pole sian.
consistent with the provisions of this section of the Code.
Development of sian plantina area landscapina shall be
pursuant to Section 4.06.03 A. of this Code.
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11. Conservation Collier sians. In addition to other sians allowed bv this code.
lands acauired for the Conservation Collier lands proaram shall be
allowed to have one around sian havina a maximum heiaht of 8 feet and a
maximum sian area of 32 sauare feet to identify the main preserve
entrance. This sian shall reauire a permit and shall be allowed if there is no
principle structure on the property.
+t.-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.
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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 sl,lilEJing pormit
or until the issuance of a permit for the permanent sign, whichever
occurs first. A temporary use permit will not be issued until a
buildina permit for the principal 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.
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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 oxceod 400
feet and at the end of each cul-de-sac: and may se roqlolirod at intorval6: alen€!
eash 6:treot. Such light6: may be required on intorior e:treets, alloY6:, boundary
streets, assess path!: and tho Iiko. The IES standards for this street lighting
ar~ fper IESNA RP 8.00hexcept as below:
1. /\ minimum of 1.4 foot candlo!: at tho sontor of oash intornal I'lrejoct
intor!:oction i6: roquirod.
2. 1\ minimum ef 1.4 feet candiCE) along intornal roadway!: i!: recommondod
but not requirod.
B. At the entry/exit of any subdivision located on a public County 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 contorline of the ontranco reag ang a miniml,lm of right af .....ay Iino,
tho illumination lovol 6:hall so 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. .'\11 light level!: !:hall be mea6:ureg at a minimum of approximatoly fOl,lr (4) feot
abo'le tho pa'lomont on a moonloss night. All sidewalks not directlv liqhted bv
street Iiqhtinq that interconnect developments must be liqhted to pedestrian
level standards per IESNA RP-8-00.
SUBSECTION 3.C. 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. reqardless of predevelopment
veqetation, on lots within the Plantation Island Unit One, Plantation Island Unit Two and
Plantation Island Unit Three Subdivision (unrecorded.)
B. Variances for site alterations. reqardless of predevelopment veqetation. on lots
within the Plantation Island Unit One, Unit Two and Unit Three subdivisions
(unrecorded).
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1. Pursuant to the I:; 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 C.4. 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 County, 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 by 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:
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b. Issues of discussion. Issues that shall be discussed at the
preapplication conference shall include but are not limited to the
following:
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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.
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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.
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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
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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.
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2. Minor subdivisions fer sing.'fJ family fieI3SAf)(j 3nti eblJ3lex FOsioontia!
eevelopmont. ,II. minor sllbdivisi9n, as dofinod in articlo 6, for singlo
faA"lily eetaGhee ane dllplex rosidontial devel9pment ehall be oxempt
frem tho roquiromonts and proGoduros for proliA"linary sIlbdivisi9n plats;
pro'/ieoe, hewovor, nothing containod horein shall oxompt such minor
sIlbdivisi9n from tho requiremonts and procoduros for improvomont
J3lans ane final sllbdi':isi9n plate, and whoro required sllbdi'.'isieR
impro'lomonts aro GonteA"lJ3latoe, tho posting of sllbdivisien J3or!ormanco
socurity. No bllilding pormits shall bo issuod prior to rocordation of tho
final sllbdivisien plat.
:3. Minor subdivisions kJr mu!tif3mily r.osioontia! 3nti nonrosidont.':l!
eovolopmont. .^, minor sllbdivisi9n, ae dofinod in articlo e, fer mblltiplo
faA"lily rosieential de':elepment ane all nonrosieontial de'.<elepment shall
be OJ(omJ3t freA"l the reqbliroA"lGnts and procoduros for proliminary
sllbdivisien plats and imJ3rovGmont J3lans; wovieoe, hOVlovor, nothing
centainoe horein shall oxompt sblch minor sllbdivisi9n from tho
requiromonts and procoduros for dosign roquiromonts for assess undor
tho Cellior County Constrblction Staneards Manblal, wator managomont
plans undor tho Collior County Construction Standards Manual, final
sllbdivisien plats undor soctions 10.02.04 and 10.02.05, and site
devel9pment plans undor soction 10.02.0:3, and whoro roqblirod
sllbdivisien improvomonts arc contomplatod, tho posting of sllbdivisien
J3or!GrmanGo sGGblrity. ~Jo bllilding pormits shall bo issuod prior to
rOGordation of tho final sllbdi':isien plat.
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4. !ntogr:JtDti phaseGf g(l'i(llo~monls. .^,n integratod phasod de\<elopment, as
dofinod in sostion 1.08.00 and which has beon pmviously approved in
accordanco with soction 10.02.04 .^..5., shall be exempt from tho
roqbliromonts, standards and procodblros for ~roliminary sblbdivision plats
(soGlion 10.02.04) and improvomont plans (soGtion 10.02.05 E.); providod,
howo'ior, nothing containod homin shall oxompt such inlogratod phasod
de'/elopment from tho roquiremonts and procodures for design
roquiromonts for assess aSGording to tho Collior COblnty ConslrblGlion
Standards Manual, wator managomont plans aGsording to tho Collior
COblnty Construclion Standards Manual, final sybdivision plats and
sybdivision porformance socurity undor soclions 10.02.04 and 10.02.05,
and major site de'Jelopment plans undor soction 1 0.02.03. ~Jo bYilding
~ormits shall be issuod prior to mcordation of tho final sybdivision plat.
Thos(l provisions shall not roquim that the interior assess within an
intogratod phasod development 130 diffomnt from tho conditions in soction
10.02.0:3 applicablo to sito de'/elopment plans.
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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 10.02.04.8.4
!:he. Underground construction; utilities, communications and similar
underground construction type activities.
&,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.
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4-e. 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
provided by section 5.04.04.
hQ.,. Project entryway signs, walls, gates and guardhouses.
g.ch, 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.
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SUBSECTION 3.0. 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.
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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:
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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. Such illue:trationc e:hall e:he'.... a typical
dwelling "mit meeting required setbaGks for [I typical lot. For fee-
simple residential lots. the illustration shall portray the type of unit
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identified by LDC definition and developer's description to be
placed on each lot (example: Lots 1-20, sinale-familv attached
(patio home), and show a typical unit on typical interior and corner
lots. depictina setbacks (includina preserve setbacks. if
applicable) and/or separation of structures. Also for fee simple
residential lots, the illustration shall portray the location of typical
units on atvpical lots (such as cul-de-sac, hammerhead and all
irreaular lots). For non-residential lots (e.a., multi-family amenity
lots or parcels, commercial/industrial lots), the illustration shall
portray setbacks & buildina 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 GrOGe Gml let giFAonsions
may bo shown on a logond ae 013130S0g to a notation on oach let. A
table shall be provided showina lot area and lot width for each
irreaular lot reaular corner and interior lots may show on Iv tvpical
width and area.
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4. Effect and limitation of approval of preliminary subdivision plat.
a. PmconditieR fer imwe'.<emeRt p!3R€ 3Rri fiR3/ El,lbgivision p.tlt. Only
after approval of the preliminary subdivisien plat shall tho
applisant be entitled to submit to the county the improveFAent
plane ami final subdi'Jisien I3lat ae roElblirog by this soction. No
iFAprovoFAont 131ane or final subdi'Jisien 131at shall bo acceptod for
ro'.'iow b1nloss the I3reliFAinary subdivisien plat has been approved
and romains valid and in offoct.
I:ha. 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.
s,b. Time limitations. Refer to the provisions of 10.02.05 A.
d. Rol3.tion€hip to sito dovelopment plans. ,^,n~hing sontainod
oleowhoro in thie C090 to tho sontrary notwithstanding, no FRajor
final or minor sito develepment plan may bo GosoptOg for
concurront roview .....ith a proliminary subdivisien plat, howovor
approval shall be withholg b1ntil tho I3roliFRinary subdi'Jisien plat is
approved oxcopt '",horo no I3roliFRinary subdivisien plat is rOElblirog
under a minor subdivision. Further, no final site development
plan (whothor minor or final) shall be approvog prior to approval of
tho final plat by tho board of cOFRFAissionors, however, no building
permit will be issuod until the plat is rosor-god, except for
de':elopment ::tmonitios sbloh as olblb housos, swimming pools,
guard housos and the liko, upon approval of tho plat by tho board of
sOblnty commissionors and pursuant to susFRieeion of a site
develepment plan, or a tomporary use 130rFRit as may 130 permitted
by 8.04.04 of this Codo.
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&'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.
~d. 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 agreement between the applicant and the county.
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B. Final plat requirements.
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4. Final subdivision plat submission requirements. The submittal of final plats
for which no preliminary subdivision plat is contemplated must include,
apart from the final plat and/or improvement plans, that information
reauired for review of preliminary subdivision plats in accordance with
Section 10.02.04 A.2. For onlv those final plats incorporatina townhouse
develo"ment on fee simple lots, the followina additional information.
prepared by a reaistered enaineer (and landscape architect for landscape
plan), must be provided either separately or in coniunction with the
information reauired by section 10.02.04 A.2. of this Code:
a. Landscape plans. sianed and sealed, in accordance with section
1 0.02.03.B.1.c of this Code
b. Zonina data as follows. prepared on maximum size sheets
measurina 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 applicable.
c) A leaal description of the property. both prior to, and
after. subdivision.
d) The name. address and phone number of the aaent
preparina the plat. and the name, address. and phone
number of the property owner.
Page 35 of 41
Words 5truek Im-SlIgB are deleted, words underlined are added
e) A vicinity map, clearlv identifvinq 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.
c) 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 accessorv structures.
e) Maximum buildinQ heiqht allowed bv zoninq district and
heiqht proposed.
f) Zoninq and land use of the subject property and
adiacent properties, includinq properties abuttinQ an
adiacent riQht-of-wav or riQht-of-wav 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) accuratelv depictinq the
fOllowinq:
1) Name and aliqnment of existinq/proposed riQhts-
of-wav of all streets borderinq the development:
the location of all existinq drivewavs 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 emess points.
3) Location and arranqements of all proposed
principal and accessorv structures.
4) Name and aliqnment of existinq/proposed riQhts-
of-wav for all internal streets and allevs.
5) Directional movement of internal vehicular traffic
and its separation from pedestrian traffic.
6) Location of emerqencv 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 stmek through 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 Countv ManaQer or desiQnee.
5. Contents and Substance of Final Subdivision Plat.
The final plat itself must sf\aII 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.
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C. Relationship of Plats to Site Development Plans
No site development plan mav be accepted for concurrent review with a
preliminary subdivision plat. Once the preliminary subdivision plat has been
approved, site development plans mav 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 mav 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 struel, tRr8"gk 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 buildina 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 D.1.f. 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:
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vii. The 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 tefl-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 tefI
twenty-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 tefI twenty-five years,
the converted land shall be restored with native vegetation to
the degree required by this Code.
Page 38 of 41
Words "truck thr8l1gk 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
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E. Changes and amendments
1. Substantial/insubstantial changes. Any substantial change(s) 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 change(s) 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:
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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.+a. 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
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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.
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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+ .12 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 tArSlI!;" 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.
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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 sti'llel, thrslIgll 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 f.~~~.CLERK
.<,...1...... "~...,.'
" . ,
!) :'-' \.
- '.~'. ;. ..<,
By:'i,,' .
.\~$t..s~.th ~~7~~~s
It...tiIre only.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
,/Jc. By:
~.>~
FRANK HALAS, C
Approved as to form and
legal sufficiency:
Marjori Student-Stirling
Assistant County Attorney
Page 41 of 41
Words slrHok throHgH 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.'Clerk ""
Ex-officio to Boa-roof .'- ~
I .- _._ ~
County Commissioh.ers ,~ =
Cb-::'O fr,)~..JlJc
.\j{) " . . .,',-/,f
By' Heidi R. R~~khb.~;'~::>'"
,"
Deputy Clerk . .."....
01/11/2005 10:07 2397748408 MINUTES AND RECORDS
Naples Daily News I Collier County Board of County Commissioners
!!.\2ml,lr:1:u:r Ii: r..uw.JC~.QIU::!~ f11.w.Jf.atO':ll(;;E.
January 1 f * 2006
Bee PUBLIC HEARING
NoncE OF LAND DIYElOPMeNT CODe CHANGE
Notice ill~. . .. ~nlMt.on......., 11. zooe.,,'. P.III.. W\ lhe ~of~comml~", ~
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AN ORDINANCE F TME BOARD QF CQUNT'i OOMMlSSIONf!!ftS OF COLUlUt 0=
Ft.0Rft)A. AM DINe) OR1)IKANCE NUM88~ 04-41. AS AMINDeD. THE C
COUNTY LAND vtlLOPIIE5NT CODE, WHICH INCLUDES THE COMPReHEM8IVe LAND
OEVEI.OPIUNT GUl.AnoN81=Oft T"'I UN..MeOI\~Teo AR!Aot= COUJE!R COUNTY.
F\.ORtOA. &Y P INO FOR~ S~ON ~~CtTAL$: sECT10tf ~ ANDING$ Of
~~~.=&~~T ~r&~.Jl:~f~=G~~~~~='(~=:
'NCLUDlNG; SEe:. 1.04Jl4 ReOUctlON OF REQUIRED SITE 0E$tGN REQ'.UFteMGHT~-S
1.08.01 A88R~IO'" SIC, i.0tt02 DEAHmOHS; QHAlIT1Ut 2 . ZOHIffG DlSnu~";I~
AiNO uti" INCL INGo $EC. 2..1.00 O'IfteRALl.Y. He. 2.01.0$ '!'.seMT1.fo'-~I',.
sec. 2.0S.01. ENftAL ZCJNtHG O~C1'SSEC. 2.03.01 OYERt.AY %01IIING
DISTRlCT$I.!EC. ~1)I,03 TA1UJ!' OF LAND uses tN eACH ZONING DISTRlCrt saancm
:U$.01 DEN_ITY. ~NDAAO$ ANI) HOUSIMG ",fo"E8. SECTION Z,08.0$ A,",1)8 RATING
SYSTEM; CHAP : lot 4 - StTE D6S'fGN A.ND DE"iEL0PM6JfT STANDARDS, tHCLUDlNG:
SEC. ,4.01,03 DIMeNSION _AlURe_NT $TAMCARO$. sec. 4-02.oS 8PIQ1P1C
STANOARI)$. f . THE LOCATION OF ACCESSORV lWtS.OI'NG$ AND STFt'OCTUae... sec,
4.02.1.4 DESIGN >>fD,A1tO$ FOR Dl.VeLOPMEHT IN THE ACSCoST DI8T~tC!t- sec.. 4..02.16
PESiQN STAND S FOR DevELQPMENT IN THe BMUD.NEJOK80ftHOOO .........MMMCIAL.
SUBDISTRICT (M $laC. ".CIa.iT Oe8lGN STANDARDS fOR OE:Va~ENT IN 1ME BMUO~
WATERFRONT I)JSTRICT (W). sec. ..02.18 DESIGN STANDARDS FOR DEVaOPMENT
aN THe _UQ _ SltJIliNTlAL: ...eU,ISlTRIOT (Ai). sec. ~.02.tt OESIC)N STANDARD" FOR
DEVELOPMENT THE sMUD... RESt....T'A1.. tw80ISTRICT (R'Zl. SEe, 4.0:UO DESIGN
:1~~oANRfL~1 s~=-~=~~; F~,rO=eO~~~~tiM~~r~~~:~
NElGHBORHO COMMERCuu... SUBOtSTR.lCT (RNC}. secTION 4.02..:J5 DESIGN.
$T.AMOAAD$ F OEVEl.OPMeNi IN Tt1! GlMUD - ~tt un SUIDlSTiRICT IUD',
SEC1'ION 4.0 ESION $fAHDARD$ FOA Devea.oPMM IN THE OTMUO -"eelDf!,.nAl.
SUBDISTRICT ( seCTION 4.02.37 DeSIGN STANDARDS FOR OEVELoPNEHT IN THE
GOUM!~ GAT! OWNTOWN ct!N11!R CO_IRetA&. oveRlAY OI$TRIOTCOOOCCODl.
SECTION 4.03. . APPUCA8lLITYL SEC. 4..0!.~!t. EXEMPTIONS. SEC. ...&5.03 $PEQ1PIC
PARl(ING REQ eNTS FOfl ReSlOENTIAL u;:J!S IN MlX!TJ use OReAN ReSIDeNTIAL
,"~ND vsato. 4.0',1)2 BUFFIR REQUlflEMEN1"S. 4.045.0$ GtHlAAt. \,,\NQ$CAflING
REQUIREMI;~. SEC, 4.01.0J UE.SIGH REQUIREMENTS; CKAPTER 5 ~ suPPLEMeNTAL
STANDAROS. I" UDIN\) SEC. S.O$.OS ARCHITECTOttAL ANP SITe OESlGN STANDARDS,
SEC. $.Of,eM S STANOA1\OS FOR SPEC'FIC SITUATIONS. SEC. i,M.ot Pf(OHfen'ED
SAGNS~~C. 5.0 07 ENFORCEMENT ANt) PENALTIES; CHAPTER 6 -IHFRAsTIWCTUftE
IMJlI10vlMt!NT I) ADeQUATE pvaue FACIUTII!.S RlQUIMMeMT$, INCLuotNO sec.
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PAGE 01
Page 1 of2
1/9/2006
Naples Daily News I Collier County Board of County Commissioners
Page 1 of2
PUBLIC NOTICE f.UBUC NOTICE PUBLIC NOTICE
February 8, 2006
Bee PUBLIC HEARING
NOTICE OF LAND DEVELOPMENT CODE CHANGE
=i~~=.gi='i~::r~J2~ ;~~i:~og:;~~ ~V:=lofC~~~3c:r~:to,.~~~1f
Naples, Florida.lhe Board or County Coml'lli$sioners, proposes to take under adviSement amendments to the
Coller CotImy l.and Development Code. lhe title of 't'IIt1ich is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSJONE,RS OF COLUER COUNTY.
FLORIDA. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED. THE COLLtER
COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE lAND
DEVELOPMENT REGULATIONS FOR THE U~INCORPORATED AREA OF COLLIER COUNTY.
FLORIDA. BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, F1NDINGSOF
FACT: SECTION THREE,ADOPTION OF AMENDMENTS TO THE lAND DEVELOPMENT CODE,
MORE SPECIFICAllY AMENDING THE FOlLOW1NG: CHAPTER 1 ~ GENERAl PROVISIONS,
INCLUDING; SEC. 1.04.04 REDUCTION OF REQUIRED SITE DE~GN REQUIREMENTS. SEC.
1.08.01 ABBREVfATIONS. SEC. 1.08.02 DEFINITIONS; CHAPTER 2. ZONING DISTRICTS AND
USES, INCLUDING. SEC. 2.01.00 GENERAlLY. SEC. 2.01.03 ESSENTIAL SERVICES. SEC.
2.03.01, RES1DENTlAl ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS,
SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT. SECTION 2.05.01 DENSITY
STANDARDS AND HOUSING TYPES. SECTION 2.06.03AHDB RAT1NG SYSTEM; CHAPTER 4-
SITE DESIGN AND DEVELOPMENT STANDARDS. INCLUDING: SEC. 4.01.03 LOT DIMENSION
MEASUREMENT STANDARDS, SEC. 4.02.03 SPECIFIC STANDARDS FOR THE LOCATION
OF ACCESSORY BUILDINGS AND STRUCTURES, SEC. 4,02.14 DESIGN STANDARDS
FOR DEVELOPMENT IN THE ACSC.ST DISTRICT, SEC. 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD.NEIGHBORHOOD COMMERCIAL SUBDISTRICT (NC). SEC.
4.02.17DESIGNSTANDARDSFORDEVELOPMENTINTHEBMUD-WATERFRONTSUBDISTRICT
(W). SEC. 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAl
SUBDISTRICT (R 1), SEC, 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-
RESIDENTIALSUSDISTRICT (R2), SEC. 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN
THE BMUO - RESIDENTIAL SUBDISTRICT (R3). SECTION 4.02.21 DESIGN STANDARDS FOR
DEVELOPMENT INTHEBMUD-RESIDENTIALNEIGHBORHOOD COMMERCIAL S UBDISTRICT
(RNC). SECTION 4.02,35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED
USE SUBDISTRICT (MXD). SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN
THE GTMUD - RESIDENTIAL SUBDISTRICT (R), SECTION 4.02.31 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY
DISTRICT (GGDCCOD), SECTION 4.03.02 APPLICABILITY. SEC. 4.03.03, EXEMPTIONS.
SEC. 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR RESIDENTIAL USES IN MIXED USE
URBAN RESIDENTIAL LAND USE. SEC. 4.06.02 BUFFER REQUIREMENTS. 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS. SEC. 4.07.02 DESIGN REQUIREMENTS: CHAPTER 5
_ SUPPLEMENTAL STAJ-JOAADS. ~NCLUOING SEC. 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS. SEC. 5.06.04 SIGN STANDARDS fOR SPECIFIC SITUATIONS, SEC.
5.06,06 PROHIBITED SIGNS. SEC. 5,06.01 ENFORCEMENT AND PENALTIES: CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,
INCLUDING SEC. 6.06,03 STREETLIGHTS; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS INCLUDING. SEC. 9.04.02 TYPES OF VARIANCES AUTHORIZED: CHAPTER
10 . APPLICATION. REVIEW, AND DECISION~MAKING PROCEDURES. INCLUOING: SEC.
10.02.01 PRE~APPUCATION CONFERENCE REQUIREMENTS. SEC. 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS. SEC. 10.0201)4 SUBMITTAL REQUIREMENTS FOR PLATS.
10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS. 10.02.07 SUBMITTAL REQUIREMENTS
FOR CE.RTlFICATES OF PUBLIC FACILITY ADEQUACY, SEC. 10.02.13 PUD PROCEDURES,
SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.08.00CONDITIONA.L
USES PROCEDURES; SECT10N FOUR. CONFLICT AND SEVERABILITY; SECT10N FIVE.
PUBLICATION AS THE COLLIER COUNTY lAND DeVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
AI interested patti$$: are invited to appear and be heard. Some items for the February 8, 2006.
public hearing wi. be continued to tt1e regular Board of County Commissioners meeting on
Febtuary 28.2006. Copies of the proposed ordinance are available for public inspection in the
~~~=~n~~~e~.eA::=~~C~~~&e~~':"st:&j~:~~J:~
through Friday. '.' ; .... ,... ..u .......,...
If a person decides to appeal any decision
made by the Collier County Board of County
Con'll'nl$sloners with respect to any matter
considered at such meeting or hearing. he will
need a record of tt1e proceedings, and for such
purpose he may need to ensure that averbalim
record of. the proceedings is made, which
record includes the testimony and evidence
upon which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRANK HALAS, CHAIRMAN
OW1GHT E. BROCK. CLERK
By: Patricia L. M0f98n, Deputy Clerk
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file://C:\Documents and Settings\martin_c\Local Settings\Temporary Internet Files\OLKED... 2/2/2006
C0111munity Development & Environmental Services Division
Department of Zoning and Land Development Review
To:
Members of the Board of County Commissioners
From:
Catherine Fabacher, LDC Coordinator
Date:
January 6, 2006
Subject:
2005 Cycle 2 Land Development Code Amendments
For January 11 BCC LDC Meeting at 5:05 PM
Attached please find a copy of the proposed LD Amendments for Cycle 2 of2005, to be heard by
the Board of County Commissioners at the January 11,2006 BCC LDC Meeting at 5:05 PM in
the BCC Chambers.
Amendment requests to the following sections of the Collier County Land Development Code:
Sections: 1.04.04, 1.08.01, 1.08.02 (Definitions);
Sections: 2.01.00, 2.01.03, 2.03.07 (Overlay Zoning Districts), 2.04.03;
Sections: 4.01.03, 4.02.03, 4.02.14, 4.03.02,4.03..03,4.05.03,
4.06.05 (Landscaping), 4.07.02;
Sections: 5.05.08, 5.06.04;
Sections: 6.06.03;
Sections: 9.04.02; and
Sections: 10.02.01, 10.02.02, 10.02.03, 10.02.04,
10.02.06, 10.02.07,
10.03.05 (Notice Requirements For Public Hearings),
10.08.08.
If you have any questions or need further information, please call me at 403-2322 or
catherinefabacher@colliergov.net.
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LDC Amendment ReQuest
ORIGIN: Transportation Department
AUTHOR: Patrick G. White
DEPARTMENT:
County Attorney's Department
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDCl:5-6
LDC SECTION(S): 1.04.04
LDC SUPPLEMENT #: Supplement 1
CHANGE: To expand the scope of existing regulations for legally nonconforming properties
created through acquisition of property for public use through dedication, condemnation and the
like.
REASON: When the County acquires portions of a lot or parcel for public use, usually for
rights of way, the owner argues that the County must then pay additional money for the costs of
bringing that property into compliance with the Land Development Code.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: Created on October 13,2005 by P. White
Amend the LDC 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.
B. Minimum standards: non-conformities created by public acquisition.
1
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1. All lots or yards created after the effective date of this Code must comply with the
requirements then established by this Code.
2. No lot, even though it may consist of one or more abutting lots of record, or yard,
existing at the effective date of this Code or lawfully existing on the effective date of
applicable amendments to this Code shall thereafter be reduced in its degree of
compliance, including its size, dimension, or area, below the minimum requirements
then set forth in this code, except by reason of a portion thereof being acquired for
public use in any manner. including dedication, condemnation, purchase, and the like.
a. Yards, lot area, lot coverage, and lot dimensions rendered non-conforming or
more legally non-conforming in this manner, 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 (10') feet in depth. Accordingly, the resulting
degree of non-conformity of a lot or yard with this Code's then current
requirements will be deemed lawfully conforming unless or until the remaining
lot or yard is recreated, typically by re-plat or lot re-combination, at which time
such lots or yards must comply with the requirements then established by this
Code.
b. All other non-conformities. including those rendered more legally
nonconforming resulting from acquisition for public use and which pertain to
this Code's or other county code requirements, such as, but not limited to,
storm-water management, landscaping or buffers, preserves, on- or off-site
parking, architectural design standards, or height, etc., will be deemed lawfully
conforming, and all such resulting non-conformities may be allowed to remain
so non-conforming, unless or until the remaining lot or yard is subsequently re-
created or re-developed. at which time such lots or yards and development
must comply with the then existing requirements of this Code.
c. In those circumstances where acquisition for public use of a portion of a lot or
yard would result in one or more non-conformities that would require approval
of a development order or permit in order to implement the terms of the
acquisition, i.e., in order to cure or remedy the effect of an acquisition, (e.g., an
SDP or building permit required to relocate a prior existing building), the
county manager, or designee, is authorized to approve such development order
or permit so long as any prior existing non-conformity of the type set forth in b.
above would not be increased.
C. Other than provided for immediately above, required off-street parking shall not be reduced
in area or changed to any other use unless the permitted or permissible use that it serves is
discontinued or modified, or equivalent required off-street parking is provided meeting the
requirements of this LDC.
2
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR:
Cormac Giblin, Housing and Grants Manager
DEP ARTMENT: Operational Support and Housing
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC SECTION:
1.08.02 - Definitions
LDC SUPPLEMENT #:
CHANGE: Increase the limits of Affordable-Workforce Housing up to 150% of median income.
REASON: BCC Direction to address housing afford ability for higher incomes than traditionally
assisted.
FISCAL & OPERATIONAL IMP ACTS:
None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT:
None
OTHER NOTESNERSION DATE: This version was created on December 14, 2005 (date) at
2:18pm (time)
Amend the LDC as follows:
1.08.02 Definitions
Housing, affordable-workforce: means residential dwelling units with a monthly rent or monthly mortgage
payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which
represents a range of median adjusted gross annual income (median income) for households as published
annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan
Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets:
Rental workforce housing less than 50 percent of median income otherwise considered to be "very-low
income" .
Rental workforce housing less than 51 percent--60 percent of median income, otherwise considered to be
"low income".
Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be
"very-low income".
Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be
"low income".
Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be
"low income".
3
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Owner occupied workforce housing: 81 percent--lOO percent of median income, otherwise considered to be
"moderate income".
Owner occupied workforce housing: 101 percent--150 percent of median income, otherwise considered to
be "moderate income".
The term affordable housing is specifically intended to include affordable-workforce housing.
The term "affordable-workforce housing: 101 percent--150 percent of median income" is specifically
intended to include similar categories, such as "Gap Housing", "Essential Personnel Housing", and
"Reasonably Priced Housing".
4
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR:
Cormac Giblin, Housing and Grants Manager
DEP ARTMENT: Operational Support and Housing
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDCPAGE:
LDC SECTION:
2.06.03 - AHDB Rating System
LDC SUPPLEMENT #:
CHANGE: Provide the opportunity for a density bonus for Affordable-Workforce Housing up to
150% of median income.
REASON: BCC Direction to address housing affordability for higher incomes than traditionally
assisted.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: This version was created on January 6,2006 (date) at 9:40am
(time)
Amend the LDC as follows:
Section 2.06.03 AHDB Rating System
Table A. Affordable-Workforce Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
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TABLE INSET:
Percent of Development Designated as Affordable-Workforce Housing
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
150% 1 2 ~ 4 9- 6 2 2 2 n/a
MI* **
80%
MI*
I ncome Level .:f.g ~~ ~~ 49- ~6 eZ 7~ 8 8 8
60%
MI
~~ ~~ 49- ~2 eZ 78 8 8 8 8
50%
MI
~4 49- ~2 eZ 7~ 8 8 8 8 8
I
*Owner-occupied only
**Mav on Iv be used in coniunction with at least 10% at or below 80%MI
Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre
6
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: C. Fabacher
DEP ARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC1:20
LDC SECTION:
1.08.02 Definitions
LDC SUPPLEMENT #: Supplement 1
CHANGE: Supplement definition of Floor Area Ration (FAR) to exclude parking areas within
the building from calculation of FAR.
REASON: This exclusion was part of the LDC prior to re-codification; however, the
exclusion of interior building parking area from calculation of FAR was omitted during the re-
codification process.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Existing definition of FAR
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: June 6, 2005 - initial
Amend the LDC as follows:
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 gross floor area of a building clearly designed for a parking
facility shall not be included in the floor area ratio calculation.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Catherine Fabacher, Principal Planner, LDC
Patrick G. White, Asst. County Attorney
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE:
LDCl:29
LDC SECTION:
1.08.02. Definitions
LDC PROPOSED SUPPLEMENT #: Supplement 2
CHANGE: Relocation and modification of definition for "yard, front," and adding definitions
for "lot depth," "lot width," "yard, rear," "yard, side," and "yard, waterfront" as those definitions
were left out of the recodified version of the LDC.
REASON: Section 4.01.03 Lot Dimension and Measurement Standards is established to
remove the description of how you measure lot dimensions and required yards from the
definitions. Assures consistency in the application of routinely used terms by staff, applicants,
and the public.
FISCAL & OPERATIONAL IMPACTS: None as to staff operations or applicants'
obligations to comply with these provisions as they represent current practice.
RELATED CODES OR REGULATIONS: Section 4.02.03 A. - Table 4; Dimensional
Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots.
GROWTH MANAGEMENT PLAN IMPACT: nNone
OTHER NOTESNERSION DATE: This version created on June 15, 2005, updated
November 17,2005, at 5:37 AM.; updated on December 10,2005 at 11:37 AM; updated on
December 27, 2005 at 12:36 p.m. Amended December 30,2005.
Amend the LDC as follows:
Section 1.08.02 Definitions:
Yard, waterfront: The required open space extending along the entire width of a waterfront lot.
i.e., those platted lots, tracts, or parcels of property abutting the Gulf of Mexico, bays, bayous,
navigable streams as well as on artificial canals, lakes or impounded reservoirs. For the purposes
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of this Code, the minimum waterfront yard and corresponding setbacks for any principal or
accessory structures adiacent to the water are set forth shall be the same as the setback specified
for the side or rear yard, as the case may be, in the particular zoning district. Ho'.vever, these
setbacks shall neyer be less than 10 feet for any structure, unless specifically provided for in
section 4.02.03 A. - Table 4 Dimensional Standards for Accessory Buildings and Structures on
Waterfront Lots and Golf Course Lots.
9
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LDC Amendment Request
ORIGIN: County Attorney's Office
AUTHOR: Catherine Fabacher, Principal Planner, LDC
Patrick G. White, Asst. County Attorney
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC4:3
LDC SECTION:
4.01.03. Lot Dimension Measurement Standards
LDC PROPOSED SUPPLEMENT #: Supplement 3
CHANGE: Incorporates as operative provisions long-standing specific standards for
measuring lines (distances) and lot dimensions which have been found in earlier
definitions or in staff s administrative guidelines.
REASON: Assures all applicants, staff, and the public are aware of standards to be
applied for measuring lines (distances) and lot dimensions for yards, setbacks, etc.
FISCAL & OPERATIONAL IMPACTS: None as to staff operations or applicants'
obligations to comply with these provisions as they represent current practice.
RELATED CODES OR REGULATIONS: Sec. 2.03.01.; & Code of Laws &
Ordinances
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version created on November 8, 2005,
updated November 17, 2005, at 11:37 AM., December 10, 2005 at 10:37 AM and
December 27,2005 at 1 :33 p.m.
Amend the LDC as follows:
4.01.03 Lot & Dimension Measurement Standards.
A. Any zoning district's minimum required lot area will be determined by
measuring and calculating the entire area within the property's perimeter
boundary. and may include all or a portion of abutting ri2:hts-of-wav or
easements where otherwise expressly allowed by this Code or
applicable law.
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Deliberately left blank.
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LDC Amendment Request
ORIGIN: Zoning & Land Development Review
AUTHOR: Carolina Valera
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC
LDC SECTION:
Section 1.08.02 and 2.04.03
LDC SUPPLEMENT #: Supplement 1
CHANGE: Amending the conditional uses in the Rural Agricultural District "A" to add
Sporting and Recreational Camps (SIC 7032) that was omitted (LDC Section 2.2.2.3.20) during
re-codification.
REASON: Prior to re-codification, the LDC allowed Sporting and Recreational Camps (LDC
Section 2.2.2.3.20) as a conditional use in the Rural Agricultural District A.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Table of Conditional and Accessory Uses in Base
Zoning Districts in 2.04.03
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: July 20, 2005
Amend the LDC as follows:
1.08.02 Definitions
Soorting and recreational camps: A facility, public or private, which may offer permanent or
temporary shelters such as cabins or tents and is primarily engaged in providing camping,
sporting or other recreational activities. Examples of sporting and recreational camps shall
include boys' and girls' camps, hunting camps. fishing camps, or summer camps.
2.04.03 Table of Land Uses in Each Zoning District
Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or
Conditional Uses
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2.04.03 Table 2. Land Uses that May be Allowable in each
Zoning District as Accessory Uses or Conditional Uses.
C=conditional use I
A =accessory use
~ ...... '" <"t') '::t- '"
ACCESSORY 0 \.) "l; k) ~ ~ ~ ~ ~
AND C,j Cj ~ ~ ~ ~ ~
C,j
CONDITIONAL ~
USES
Soup kitchens
Sporting and
recreational 7032 ~
can:ms
Sports
instructional C
camps or
schools
Staged
entertainment
facility
Stone, clay, 3211,
glass and 3229,
concrete 3241,
products 3274
3291-
3299
Swimming
pools - public
Storage,
enclosed
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LDC Amendment Request
ORIGIN: Z&LDR Staff Request
AUTHOR: CAF & RG
DEP ARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDCI:25
LDC SECTION:
Section 1.08.02
LDC SUPPLEMENT #: Supplement I
CHANGE: Not carried over from old code. Re-inserted in original form.
REASON: Omitted during Re-codification.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
OTHER NOTESNERSION DATE:
Amend the LDC as follows:
Section 1.08.02 Definitions:
Restaurant, drive-throuzh: A fast food facility with one or more drive-through lanes where food
is ordered through a speaker phone and a menu board located in the drive-through lane. This
type of facility has no indoor seating or food ordering but may have walk-up windows and/or
outdoor seating.
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 building, outside the building
but on the same premises, or off the premises and having any combination of two or more of the
following characteristics:
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a. A limited menu, usually posted on a sign 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% ofthe 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.
Restaurant, sit-down: A restaurant where food is ordered from a menu normally 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 facility with one or more walk-up windows. This type of
facility has no indoor eating or drive-through windows. but may have outdoor seating.
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LDC Amendment ReQuest
ORIGIN: Building Review & Permitting
AUTHOR: D. Compagnone
DEPARTMENT:
Building Review & Permitting
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDCl:26-29
LDC SECTION:
1.08.02
LDC SUPPLEMENT #: Supplement 2
CHANGE: Inserting sign definitions into Definition Section.
REASON: Left out during re-codification and are still very much needed in the regulation of
slgnage.
FISCAL & OPERATIONAL IMPACTS: Lessen staff time, when reviewers do not have to
explain what is and is not meant by a certain type of sign, then can point to definition in the
Code.
RELATED CODES OR REGULATIONS: 5.06.00 Sign Requirements
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: August 9, 2005
Amend the LDC as follows:
Section 1.08.02 Definitions
Sign, abandoned: Any sign or sign structure expressly installed for the purpose of affixing a
sign which bears no sign or coPY for 90 consecutive days or more; or for a period of 90
consecutive days or more. displays information which incorrectly identifies the business. owner.
lessor. or principal activity conducted on the site; or which through lack of maintenance.
becomes illegible or nearly so; or is in a state of disrepair. Signs displaying an "available for
lease" or similar message or partially obliterated faces which do not identify a particular product.
service. or facility. shall be deemed abandoned. (See section 5.06.00.)
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Sign, activated: Any sign which contains or uses for illumination any light, lighting device,
or light which change color, flash, or alternate; or change appearance of said sign or any part
thereof automatically; any sign which contains moving parts as part of its normal operation, such
as rotating signs, shall be considered an activated sign. (See section 5.06.00.)
Sign, advertising: A sign directing attention to a business, commodity, service, or
entertainment conducted, sold or offered, either on-premises or off-premises. (See section
5.06.00.)
Sign, alterations: Any substantial improvement to a sign, but shall not include routine
maintenance, painting or change of coPy of an existing sign. (See section 5.06.00,)
Sign. animated: Any sign which included action, motion, or the optical illusion of action or
motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in
motion by movement of the atmosphere. (See section 5.06.00.)
Sign. area: The area of a sign is the entire area within the periphery of a regular geometric
form or combination of regular geometric forms comprising all of the display area of the sign and
including all the elements of the matter displayed. The sign area shall include the aggregate sign
area upon which the copy is placed and all parts of the sign structure that bear advertising matter
or are constructed in such a manner as to draw attention to the matter advertised. Signs consisting
of detached letters shall also be measured as defined above. (See section 5.06.00.)
Si5!n. awning (aka canopy sign or marquee sign): A sign suspended from or forming part of a
shelter supported partially or entirely for the exterior wall of a building or structure. (See section
5.06.00.)
Sign, banner: A temporary sign such as used to announce open houses, grand openmgs or
special announcements. (See section 5.06.00.)
Sign, billboard: Any sign structure advertising an establishment, merchandise, service, or
entertainment, which is not sold, produced, manufactured, or furnished at the property on which
the sign is located. (See section 5.06.00.)
Sign, bulk permit:
A permit issued for any number of political signs. (See section 5.06.00.)
Sign, bulletin board: A board for posting notices such as those found at a school. church or
other civic organization. (See section 5.06.00.)
Si5!n, canODV: (See Awning, sign.)
Si5!n, changeable coPY: Any permanently enframed sign illuminated or not which is
principally devoted to and designed for changeable text and graphics, including electronically
controlled public service, time, temperature, and date signs, message centers, or reader boards.
(See section 5.06.00.)
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Sign. Construction sign: A sign erected at a building site that displays the name of the
proiect and identifies the owner, architect, engineer, general contractor, financial institutions
and other firms involved with the design or construction of the proiect.
Sign. CODV: The letters, text, or other graphics which compose the message displayed upon the
sign surface area. (See section 5.06.00.)
Sign. directional: An on-premises sign giving direction, instructions, or facility information
such as parking or entrance or exit signs, and which may contain the name, logo, service or
activity of an establishment. (See section 5.06.00.)
Sizn. directory: An on-premises sign of permanent character indicating 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 sign is maintained. This sign may be a freestanding
(pole, monument or ground), awning, or wall sign as otherwise permitted by this code. Such
signs may have changeable coPy. (See section 5.06.00.)
Sign. double-faced: A sign having two display surfaces, displaying the same copy on both
faces, which are parallel and back-to-back and not more than 24 inches apart. Double-faced signs
shall be measured by only one side if both sides are advertising the same business. commodity, or
service. (See section 5.06.00.)
Sign. electric: Any sign containing electric wiring, but not including signs illuminated by
exterior light sources, such as floodlights. (See section 5.06.00.)
Sign, entrance or gate (a/Ida subdivision sign): Any community entry sign which is
designed to identify a subdivision or neighborhood. including but not limited to industrial and
commercial parks, multifamily proiects, and single-family residential development. (See section
5.06.00.)
Sizn face: The area, display surface, or part of assign on which the copy of message is
placed. (See section 5.06.00.)
Sign. flashing: A flashing sign is an activated sign on which any electric lighting by any
device is either alternated on and off or raised and lowered in brightness or intensity. (See section
5.06.00.)
Sizn, freestandinz: (See Pole sign.) (See section 5.06.00.)
Sign, zround (aka monument sign): A sign, eight (8) ft. m height or lower which is
independent of support from any building, that is mounted on freestanding poles or other
supports, and shall include a pole cover that is between fifty (50) percent and one hundred (100)
percent of the overall sign width.
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Sizn, Holidav decoration: An ornate embellishment placed specifically for the purpose of
celebrating a specific holiday, holiday event or holiday season.
Sign, identification: A sign which contains no advertising but is limited to the name, address,
and number of a building, institution, or person and the activity carried on in the building,
institution, or the occupation of the person. (See section 5.06.00.)
Sign, illuminated: An illuminated sign is on which either: (a) provides artificial light through
exposed bulbs, lamps, or luminous tubes on the sign surface; (b) emits light through transparent
or translucent material from a source within the sign; or (c) reflects light from a source
intentionally directed upon it. (See section 5.06.00.)
Sign, inflatable: Any ob;ect made of plastic, vinyl, or other similar material that, when
inflated with gas or air, represents, advertises, or otherwise draws attention to a products, service,
or activity. (See section 5.06.00.)
Sign. mansard: Any sign which is attached to a mansard-style roof with the face parallel to
the structure to which it is attached and which does not pro;ect more than 18 inches from such
structure, or above the roofline. Mansard signs shall be considered wall signs. (See section
5.06.00.)
Sign, marquee: (See Awning sign.) (See section 5.06.00.)
Sign, monument: A detached sign typically containing design elements such as a base
columns, borders, toppers or caps, and a sign cabinet occupying at least two-thirds of the total
sign area. (See ground sign)
Sizn, nonconforminz: Any sign or advertising structure lawfully in existence with Collier County
on the effective date of this Code, which by its height, area, location, use or structural support
does not conform to the requirements of this Code. This definition shall not be construed to
include signs specifically prohibited by this Code. (See section 5.06.00.)
Sizn. off-premises: (See Billboard.) (See section 5.06.00.)
Sign, on-premises: A sign containing coPY relating only to the principal legally licensed
business, project, service or activity conducted or sold on the same premises as that on which the
sign is 10cated.(See section 5.06.00.)
Sign, outdoor advertising:
(See Billboard.) (Sees 5.06.00.)
Sign. Pennant: A piece of fabric or material which tapers to a point or swallow tail. which is
attached to a string or wire, either singularly or in series.
Sign, permanent: A sign which is affixed to a building or the ground in such a manner as to
be immobile(See section 5.06.00.)
Sizn, pole: A sign, eight (8) or more ft. in height which is independent of support from any
building, that is mounted on freestanding poles or other supports, and shall include a pole cover
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T .._...........
that is between fifty (50) percent and one hundred (100) percent of the overall sign width. (See
section 5.06.00.)
Sign, oolitical: Any sign which states the name and/or picture of an individual seeking
election, or appointment, to a public office, or pertaining to a forthcoming public election, or
referendum pertaining to or advocating political views or policies. (See section 5.06.00.)
Sign, oortable: Any sign which is designed to be transported, including by trailer or on its
own wheels, even though the wheels of such signs may be removed and the remaining chassis or
support constructed without wheels is converted to an A or T frame sign, or attached temporarily
or permanently to the ground since this characteristic is based on the design of such sign. It is
characteristic of such a portable sign that the space provided for advertising matter consists of a
changeable copy sign. (See section 5.06.00.)
Sign, orojecting: Any sign which is attached to, and which pro;ects, more than 18 inches
from the outside wall of any building or structure, excluding wall, marquee, and canopy signs.
(See section 5.06.00.)
Sizn, Project Identification Sign: Shall mean a sign which provides identification or
recognition of a development only, individual tenants or outparcels are not permitted to use this
type of signage. (See section 5.06.00.)
Sizn, public service: Any sign intended to promote primarily a public purpose including items
of general interest to the community welfare. It may also refer to a sign designed to render a
public service such as, but not limited to, time and temperature signs. (See section 5.06.00.)
Sign, real estate: A sign which advertises the sale, lease, rental. or develoT'ment of the
property upon which it is located. (See section 5.06.00.)
Sign, residential identification: A sign intended to identify a residential subdivision or
other development. (See section 5.06.00.)
Sizn, revolving (a/k/a rotating sizn): Any sign so erected or constructed as to periodically or
continuously change the direction toward which any plane containing the display surface are is
oriented. (See section 5.06.00.)
Sign. roof Any sign erected, constructed, or maintained either on the roof, or more than 18
inches above the roof of any building. (See section 5.06.00.)
Sizn, safety: A sign used only for the purpose of identifying and warning of danger, or potential
hazards. (See section 5.06.00.)
Sizn, snipe: A sign made of any material and attached to a utility pole, tree, fence post, stake,
stick, mailbox, or any similar ob;ect. (See section 5.06.00.)
Sizn, soecial purpose: Directional, safety, and other SIgnS of a noncommercial nature. (See
section 5.06.00.)
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Sign structure: Any structure which supports or is capable of supporting any sign. Said
definition shall not include a building to which a sign is attached. (See section 5.06.00.)
Sign, temporary: A sign intended to advertise community or civic projects, construction
proiects, or other special events on a temporary basis, for a designated period of time. (See
section 5.06.00.)Sizn, U-pic: A sign describing a farm where the customer picks or purchases the
produce directly from the premises on which they are grown or produced. (See section 5.06.00.)
Sign, V-shaped: Two single-face freestanding signs that are constructed in the form of a
"V" when viewed from above, provided the internal angle at the apex is not more than 90
degrees, and the two faces are not separated by more than six inches at the apex and displaying
the same COpy on both faces. (See section 5.06.00.)
Sign, vehicle: Any sign affixed to a vehicle other than a license plate, or other identification
required for access to restricted parking areas, a registered logo, trademark, or service mark. (See
section 5.06.00.)
Sign. wall, fascia or parapet: A sign affixed in a manner to any exterior wall of a building or
structure, and which is parallel to and projects not more than 18 inches form the building or
structure wall, and which does not extend more than 18 inches above the roof line of the main
building or from the point wher~e the roof line intersects the parapet wall on which the sign is
located, whichever is more restrictive. (See section 5.06.00.)
Sign, wind: Any sign or display including, but not limited to, flags, balloons, banners,
streamers, and rotating devices, fastened in such a manner to move upon being subject to
pressure by wind or breeze, but shall not include official flags, emblems, insignia, or pennants of
any religious, educational, national, state, or political subdivision. (See section 5.06.00.)
Sign. window: A window sign which is painted on, attached to, or visible through a window,
excluding 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 building or unit upon which the
signs are displayed. (See section 5.06.00.)
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LDC Amendment ReQuest
ORIGIN: Environmental Services Department, Conservation Collier Program
AUTHOR: Alexandra J. Sulecki
DEPARTMENT: Environmental Services
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDCl:16 and LDC2:5-LDC2:7
LDC SECTION:
1.08.02 and 2.01.03
LDC SUPPLEMENT #: Supplement 2
CHANGE: Conservation Collier lands are added specifically as an essential service, as they are
government acquired and developed facilities for the welfare of the public. Conservation Collier
sites with minor improvements (i.e., a pervious parking lot with 20 or less spaces, public
restrooms of less than 500 square feet, a pervious walking trail and one ground sign) are added to
essential services permitted by right in all zoning districts. Conservation Collier lands with
major improvements (e.g., nature center, public restrooms, equestrian paths, hikinglbiking trails
and off site directional drilling for oil and gas extraction) are added to essential services as a
conditional use in all zoning districts.
REASON: To facilitate the development of government facilities for the preservation,
conservation and limited nondestructive public access to natural resource habitat and native plant
communities and animal species.
FISCAL & OPERATIONAL IMPACTS: This amendment will shorten the process of
providing public access to Conservation Collier lands by allowing such uses and minimal
improvements as are necessary and appropriate in all zoning districts.
RELATED CODES OR REGULATIONS: Section 2.0 1.03 Ordinance 2002-63.
GROWTH MANAGEMENT PLAN IMPACT: Fee simple acquisition of conservation lands
is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan. Accessibility and appropriate use of
conservation and open space lands by citizens is consistent with and supports Goal 1, Objective
1.3 and Policy 1.3.1 of the Recreation and Open Space Element.
OTHER NOTESNERSION DATE: May 16,2005 CAF; June 14,2005 CCLB; June 16,2005
CCLB; June 22,2005 DW; Sept. 13,2005 BM; Sept. 9,2005 CCPC; Sept. 29, 2005 PGW.
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Amend the LDC as follows:
1.08.02
Defmitions
Conservation Collier lands: Lands acquired by Collier County, whether held in fee
or otherwise, under the Conservation Collier Program for the purposes of
conservation, preservation and provision of public green space.
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, NRP AS, 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); and
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 ofland on which the applied-for well is
being sought by the County, including, if applicable, the times and places of
the permitting agency's scheduled public hearings.
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9. Conservation Collier lands which provide for permitted nondestructive, lJassive
natural resource based recreational and educational activities, exclusive of ma;or
improvements. Permitted minor improvements shall be limited to one (1) ground
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two
(32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking
trails; a fully accessible trail or trail section; educational kiosks not to exceed one
hundred (100) square feet; and public restroom facilities restroom not to exceed
five hundred (500) square feet 500 square feet. public restrooms ofless than 500
square feet, public restrooms of less than 500 square feet, 500 square feet The
provisions for Conservation Collier lands in this Code do not affect the underlying
zoning districts or land use designations in any district where Conservation
Collier lands are established. Such that expansion or diminution of the various
zoning 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 regulated in this Code remains a permitted use on or beneath
Conservation Collier lands established in any zoning district providing for oil and
gas exploration as a permitted use pursuant to section 2.03.05 B.l.a.(8) of this
code.
B. Permitted essential services IN CON districts, RFMU sending lands, NRP AS, HSAS,
AND FSAS.
1. Within CON districts, Sending Lands in the RFMU district, NRP As, 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 ofthe 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 ma;or imlJrovements. Permitted
minor improvements shall be limited to one (1) ground sign, not to
exceed eight (8) feet in height with a maximum sign area of thirty-two
(32) square feet; a parking area, not to exceed twenty (20) parking
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spaces; hiking 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 500
square feet. The provisions for Conservation Collier lands in this code
do not affect the underlying zoning districts or land use designations in
any district where Conservation Collier lands are established, such that
no expansion or diminution of the various zoning district permitted
uses is intended or implied by these provisions, except as stated above
for minor improvements. Oil and gas exploration as defined and
regulated in this code remains a permitted use on or beneath
Conservation Collier lands established in the CON zoning district
providing for oil and gas 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-for-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, NRP AS, AND RLSA designated HSAS
and FSAS. In every zoning district, unless otherwise identified as permitted
uses, and excluding RFMU district Sending Lands, CON districts, and
NRP As, the following uses shall be allowed as conditional uses:
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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; and
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.
f.. Conservation Collier lands which provide for permitted, nondestructive,
passive natural resource based recreational and educational activities,
when such sites require maior improvements to accommodate public
access and use. These ma;or improvements shall include, but are not
be limited to: parking areas of 21 parking spaces or more; nature
centers; equestrian paths; biking trails; canoe and kayak launch sites;
public restroom facilities, greater than 500 square feet: signage 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 Manager or designee. The provisions for Conservation
Collier lands in this code do not affect the underlying zoning districts
or land use designations in any district where Conservation Collier
lands are established, such that no expansion or diminution of the
various zoning district conditional uses is intended or implied by these
provisions, except as stated above for ma;or improvements. Oil and
gas field development and production as defined and regulated in this
Code remains a conditional use on or beneath Conservation Collier
lands established in zoning districts providing for oil and gas field
development and production as a conditional use, sub;ect to section
2.03.05 B.1.c.(1) of this Code.
2. Conditional essential services in RFMU sending lands, NRP AS, CON
districts, and RLSA designated HSAS and FSAS. Within RFMU District
Sending Lands, NRP As, 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; and
b. Safety Services limited to law enforcement, fire, and emergency medical
sefV1ces.
c. Oil and gas field development and production, as defined and
regulated in this Code. remains a conditional use on or beneath
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Conservation Collier lands established in the CON zOnIng district
sub;ect to section 2.03.05 B.1.c.(l) of this code.
3. Additional conditional uses in residential, and estate zoned districts, and in
RFMU receiving and neutral lands. In residential, agricultural, and estate
zoned districts and in RFMU Receiving and neutrallands, in addition to those
essential services identified as conditional uses in section 2.01.03 G.l. above,
the following essential services shall also be allowed as conditional uses:
a. Regional parks and community parks;
b. Public parks and public library facilities;
c. Safety service facilities;
d. Other similar facilities, except as otherwise specified herein.
4. Conditional uses that include the installation of structures:
a. Where structures are involved other than structures supporting lines or
cables, such structures shall comply with the regulations for the district
in which they are located, or as may be required on an approved site
development plan under section 10.02.03. In addition, the structures
shall conform insofar as possible to the character of the district in
which they are located as to development standards, as well as
architecture and landscaping, with utilization of screening and
buffering to ensure compatible with the surrounding and nearby
existing and future uses.
b. Within the RFMU district sending lands, NRP As, Conservation
Districts, and the RLSA HSAs and FSAs, structures supporting the
conditional use shall be located so as to minimize any impacts on
native vegetation and on wildlife and wildlife habitat.
c. Essential services shall not be deemed to include the erection of
structures for commercial activities such as sales or the collection of
bills in districts from which such activities would otherwise be barred.
Unstaffed billing services, which are accessory uses to the normal
operations of the essential service, may be permitted.
29 Text underlined is new text to be added
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LDC Amendment ReQuest
ORIGIN: Code Enforcement
AUTHOR: Sharon Dantini
DEPARTMENT:
Code Enforcement
AMENDMENT CYCLE # OR DATE:
Cycle 2, 2005
LDC PAGE:
LDC2: 3-4
LDC SECTION:
2.01.00 Generally
LDC SUPPLEMENT #:
Supplement 1
CHANGE: Scriveners Error
REASON: Scriveners error in section identifications.
FISCAL & OPERATIONAL IMPACTS: None
RELA TED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE:
This version was created on July 19,2005 8:40 am
Amend the LDC as follows:
2.01.00 Generally
hA. 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.
30 Text underlined is new text to be added
Text strikethrollgh is eurrent text ta be deleted
;hB. 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.
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:
hill. 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.
31 Text underlined is new text to be added
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~Ql 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.
~fl 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.
4og} 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 bM.
~~ 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.
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. eCho 718, as amended, known as the "Condominium
Act. II
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.
32 Text underlined is new text to be added
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LDC Amendment Request
ORIGIN: Golden GateDowntown Commercial Overlay Ad Hoc Committee
AUTHOR: John-David MosslMichele R. Mosca
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE # OR DATE:
Cycle 2, 2005
LDC PAGE: LDC 2:62 and 4:61
LDC SECTION:
2.03.07 N., 2.04.03, 2.05.01, and 4.02.37
LDC SUPPLEMENT #: Supplement 2
CHANGE: Establish a zoning overlay district to implement the Golden Gate Parkway
Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan.
REASON: The Golden Gate Downtown Commercial Overlay Ad Hoc Committee was
formed in late December 2003 as a direct result of the Golden Gate Area Master Plan (GGAMP)
Restudy process. During the GGAMP restudy, Golden Gate community members expressed a
desire to develop new land use regulations for eastern Golden Gate Parkway, from Sunshine
Boulevard to Collier Boulevard, in order to create a commercial downtown district for residents
of Golden Gate City and Golden Gate Estates. The original six members of the ad hoc committee
were personally selected by Commissioner Tom Henning, the commissioner for the Golden Gate
district, based on these members' participation on the GGAMP Restudy Committee or
involvement with other Golden Gate-area civic organizations.
FISCAL & OPERATIONAL IMPACTS: .
Applicants pursuing development orders allowed by this amendment are subject to payment of
petition fees intended to cover the operational costs incurred by the Gounty for the process and
review of these petitions, except that additional fees shall be required and a process created for
the review of right-of-way. landscaping plans and recordation of Landscape Maintenance
Agreements. The establishment of the new process and review of petitions will be performed by
existing funded staff positions.
The Ad hoc Committee and Golden Gate Community are proposing a lighting plan that calls for
an alternate lighting fixture from that approved in the Golden Gate Community Roadways
Beatification Master Plan, which is funded by general revenue. The Committee proposes that the
increased cost of the lighting fixtures that they have recommended be funded through the MSTU.
This would require future BCC approval of a new, or amended, MSTU.
RELATED CODES OR REGULATIONS: 2.04.03,2.05.01, and 4.02.37
GROWTH MANAGEMENT PLAN IMP ACT: The Golden Gate Downtown Center
Commercial Overlay District was developed to implement the Downtown Center Commercial
123
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Subdistrict of the Golden Gate Area Master Plan, adopted October 26, 2004 and effective
January 14, 2005.
OTHER NOTESNERSION DATE: The Ad hoc Committee is proposing the establishment of
an advisory committee for the purpose of reviewing Site Development Plans within the district
for compliance with Crime Prevention Through Environmental Design principles.
Staff s concerns include the following:
1. Additional expenses and review time; and,
2. The affect of a recommendation from an advisory committee for an administrative
approval process (i.e. potential for a committee recommendation that conflicts with
LDC provisions, and the inability of staff to deny petitions based upon committee
recommendations given that the SDP review criteria are objective).
Amend the LDC as follows:
125
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126
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N. Golden Gate Downtown Center Commercial Overlay District "GGDCCO":
Special conditions for properties in the vicinity of Golden Gate Parkway in Golden
Gate City, as identified on the Golden Gate Downtown Center Commercial
Subdistrict Map (Map 17) of the Golden Gate Area Master Plan and as contained
herein.
1. Purpose and intent. The purpose and intent of this overlay district is to
encourage redevelopment herein in order to improve the physical appearance
of the area and create a viable downtown district for the residents of Golden
Gate City and Golden Gate Estates. Emphasis shall be placed on the creation
of pedestrian-oriented areas, such as outdoor dining areas and pocket parks,
which do not impede the flow of traffic along Golden Gate Parkway. Also,
emphasis shall be placed on the construction of mixed-use buildings.
Residential dwelling units constructed in this overlay district are intended to
promote resident-business. The provisions of this overlay district are intended
to ensure harmonious development of commercial and mixed-use buildings at
a pedestrian scale that is compatible with residential development within and
outside of the overlay district.
2. Aggregation of properties. This overlay district encourages the aggregation of
properties in order to promote flexibility in site design. The types of uses
permitted within this overlay district are low intensity retail, office, personal
services, institutional, and residential. Non-residential development is
intended to serve the needs of residents within the overlay district,
surrounding neighborhoods, and passersby.
3. Applicability. These regulations apply to properties in Golden Gate City lying
north of Golden Gate Parkway, generally bounded by 23rd Avenue SW and
23rd Place SW to the north, 45th Street SW to the west. and 41 st Street SW and
Collier Boulevard to the east. South of Golden Gate Parkway, these
regulations apply to properties bounded by 25th Avenue SW to the south, 4 ih
Street SW to the west, and 44th Street SW to the east. These properties are
more precisely identified on Map 17, "Golden Gate Downtown Center
Commercial Subdistrict" of the Golden Gate Area Master Plan and as depicted
on the aPT'licable Official Zoning Atlas Maps. Except as provided in this
regulation, all other use, dimensional and development requirements shall be
as required or allowed in the underlying zoning districts.
4. Permitted uses. Permitted uses within the GGDCCO include the uses listed
below and those uses identified in Chapter 2, Table 1. "Permissible Land Uses
in Each Zoning District".
a. Residential uses: permitted by right in the existing residential zoning
districts, except as otherwise prohibited by this zoning overlay.
127
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1. in a mixed use building
11. in an existing owner occupied structure
111. in an existing non-owner occupied structure, until such time as
cessation is required by Chapter 4.02.37 1.
5. Conditional uses. Conditional uses within the GGDCCO include the use listed
below and those uses identified in Chapter 2, Table 2."Land Uses that May be
Allowable in Each Zoning District as Accessory Uses or Conditional Uses".
a. Outdoor dining areas, not directly abutting the Golden Gate Parkway
right-of-way.
6. Prohibited uses. Prohibited uses within the GGDCCO include the uses listed
below and those uses. prohibited, by omission, in Chapter 2, Table 1.
"Permissible Land Uses in Each Zoning District".
a. New residential-only structures
b. Any commercial use employing drive-up, drive-in or drive through
delivery of goods or services.
c. Sexually oriented businesses (as defined in Ordinance No. 91-83).
7. Non-conforming uses. Any existing legally permitted or conditional use on
property regulated by this overlay that is expressly prohibited herein, shall be
deemed a legal non-conforming use and subiect to all applicable provisions of
this code.
128
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2.04.03 Table of land Uses in Each ZoninQ District
2.04.03 ZONING DISTRICTS AND USES
I Table 1. Permissible land Uses in Each ZoninQ District
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ "'0
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accessory uses) u u c"
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Accountinq Services 8721 P
Administrative Service Facilities
Adult Dav Care Facilities & Centers 8322
Aaricultural Activities
Aaricultural Outdoor Sales
Aqricultural Services 0741,0742.0752-
0783
Aqricultural Services 0711,0721.0722-
0724, 0762, 0782.
0783
Aqricultural Services 0723
Aircraft and Parts 3721-3728
Airoort - General Aviation
Amusement & Recreation Services 7911 7991
Amusement & Recreation Services 7999 tourist quides
onlv
Ancillarv Plants
Aooarel & Other Finished Products 2311-2399
Aooarel & Accessorv Stores 5611-5699 P
Aooraisers
Architectural. Enqineerinq, Survevinq Services 0781,8711-8713 E\a)
Assisted Livinq Facilities
Attornev Offices & Leaal Services 8111 P
Auctioneerinq Service. Auction Rooms and Houses 7389. 5999
Auto and Home Suoolv Store 5531 P
Automobile Parkinq 7521 P
Automotive Repair. Services. and Parkinq 7514,7515,7521 ,
7542
Automotive Reoair Services and Parkina 7513-7549
Automotive Services
129
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p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Q; ....0
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accessory uses) = ;u;1
U U C '0
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Automotive Dealers and Gasoline Service Stations 5511. 5531. 5541 ,
5571.5599
Barber Shoos or Colleaes 7241
Beautv Shoos or Schools 7231
Bikina Trails
Bowlina Centers 7933
Buildinq Construction 1521-1542
Buildina Materials 5211-5261
Buildinq Materials. Hardware. Garden Supplies 5231 - 5261
Business Associations 8621
Business Reoair Service P
Business Services 7311,7313.7322-
7331,7338,7361.
7371,7372,7374-
7346 7379 P
Business Services 7311-7313.7322-
7338,7361-7379.
7384 P
Business Services 7311.7313.7322-
7338 7384
Business Services 7311-7313,7322-
7338.7361-7379. E(b)
7384 7389
Business Services 7311-7352.7359,
7361-7397 7389
Business Services 7311-7353 7359
Business Services 7312,7313,7319.
7334-7336. 7342-
7389
Business Services 7311
Business Services 7312.7313.7319.
7331.7334-7336.
7342,7349,7352,
7361,7363.7371-
7384. 7389
Business Services 7311.7313.7322-
7331 7335-7338
130
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p = permitted
E = permitted with certain exceptions
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7376 7379
Business/Office Machines
Canoe Rental
Canoeina Trails
Care Units
Carwashes 7542
Cateaorv II Grouo Care Facilities
Child Care - Not for Profit
Child Dav Care Services 8351
Churches & Places of Worshio
Civic and Cultural Facilities
CollectionlTransfer Sites
Commercial Printina 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavv
Construction - Special Trade Contractors 1711-1793. 1796.
1799
Construction - SDecial Trade Contractors 1711-1799
Continuina Care Retirement Communities
DeDositorv Institutions 6011-6099
Depository Institutions 6011.6019.6081,
6082
Depository Institutions 6021-6062.6091 ,
6099 6111-6163
Deoositorv Institutions 6021-6062
Drinkina Establishments and Places 5813
Drua Stores 5912
Druas and Medicine 2833-2836
Duolexes E\I)
Dwellina Units
Eatina Establishments and Places 5812 E\C)
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
131
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p = permitted
E = permitted with certain exceptions
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Educational Services 8211-8244 8299
Electronic Eauioment & Other Electrical Eauioment 3612-3699
Enqineerinq, Accountinq. Manaqement and Related Services 8711-8748
Enqineerinq, Accountinq, Manaqement and Related Services 8711-8713 E\a}
Eauestrian Paths
Essential Services'
E(e)
Excavation
Fabricated Metal Products 3411-3479,3419-
3499
Fairarounds
Familv Care Facilities
Fishina Piers
Fish ina/H untinalTraooina 0912-1919
Fixture Manufacturina
Food Manufacturinq 2034,2038,2053,
2064, 2066, 2068,
2096 2098 2099
Food Products 2011-2099
Food Stores 5411 5421-5499 P
Food Stores 5411-5499 P
Fraternal Oraanizations
Funeral Services and Crematories 7261
Furniture & Fixtures Manufacturina 2511-2599
Gasoline Services Stations 5541 5511-5599
General Contractors 1521-5261
General Merchandise Stores 5311-5399 P
Glass and Glazina Work 1793
Golf Courses
Government Offices/Buildinqs 9111-9222.9224-
9229.9311,9411-
9451,9511-9532,
9611-9661
Groun Care Facilities
Gunsmith Shoo 7699
1 For requirements pertaininq to Essential Services, see 2.01.03
132
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p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ "'0
't:I $u
accessory uses) = aiu;1
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Hardware Stores 5251 P
Health Food Stores
Health Services 8011-8049 P
Health Services 8011-8049 8082 P
Health Services 8051-8059,8062-
8069, 8071 , 8072,
8092-8099
Heavv Construction 1611-1629
Hikina Trails
Home Furniture, Furnishinqs. Equipment Store 5713-5719,5731-
5736 P
Home Furniture, Furnishinqs. Equipment Store 5712-5736 P
Home Sunnlv Store 5531 P
Hotels and Motels 7011 7021 7041
Hotels and Motels 7011
Houseboat Rental 7999
Individual & Familv Social Services
Industriallnoraanic Chemicals 2812-2819
Industrial, Commercial, Computer Machinery and Equipment 3511-3599
Insurance Aaencies Brokers Carriers 6311-6399 6411 P
Insurance Aaencies Brokers Carriers 6311-6361 6411
Insurance aaents brokers and service includina Title Insurance 6361 and 6411
Investment/Holdina Offices 6712-6799
Job Trainina & Vocational Services 8331
Justice Public Order & Safety 9221 9222 9229
Labor Unions 8631
Lakes Ooerations 7999
Larae Aooliance Reoair Service 7623 P
Leather Products 3131-3199
Libraries 8231 P
Local and Suburban Transit 4111-4121
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426 2431-2499
Manaaement & Public Relations 8741-8743 8748 P
Manaaement Services 8711-8748
Marinas 4493 4499
Measurinq. Analvzinq and Controllinq Instruments 3812-3873
133
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p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Cli ....'0
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Medical and Ootical Goods 3812-3873
Medical Laboratories and Research & Rehabilitation Centers 8071 , 8072, 8092.
8093
Membershio Oraanizations 8611-8699 E\I)
Membershio Oraanizations 8611 8631
Membershio Oraanizations 8611
Membershio Oraanizations 8611 8621
Misc. Manufacturina Industries 3911-3999
Miscellaneous Plastic Products
Miscellaneous Reoair Service 7629-7631 P
Miscellaneous Reoair Service 7622-7641 7699
Miscellaneous Reoair Service 7622-7699
Miscellaneous Retail Services 5912 5942-5961 E\a)
Miscellaneous Retail Services 5912-5963 E\aj\g)
Miscellaneous Retail Services 5912 -5963"",
5992-599924 E(a) (g) (h) (i)
Miscellaneous Retail Services 5912. 5932-5949,
5942-5961. 5992-
5999
Mixed Residential and Commercial Uses E(")
Mobile Home Dealers 5271
Mobile Homes
Modular Built Homes
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freiqht Transportation and Warehousinq 4225
Motor Homes
Multi-Familv Dwellinqs E\J.)
Museums and Art Galleries 8412 P
Nature Preserves
Nature Trails
Non-Denositorv Credit Institutions 6141-6163
Non-DeDositorv Credit Institutions 6111-6163
Non-Denositorv Institutions 6011-6163
Non-Depository Institutions 6011,6019.6081,
6082
Non-Depository Institutions 6021-6062.6091.
6099 6111-6163
134
Text underlined is new text to be added
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p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ "'0
'e $u
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accessory uses) u uc..,
u c: C) c:
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C ..!!!5'
~ .....
01llc3
land Use Tvpe or CateQoryl c > c:
0-
$ iij 8
ell.- 0
C)uc
...Cl
c: III Cl
illES
J2 E Iii
0110 ;;
C) UI~
Nursina Homes 8051 8052 8249
Office Machine ReDair Service 7629-7631 P
Oil & Gas Exoloration
aDen Snace
Outdoor Storaae Yard
Paint Glass Walloaoer Stores 5231 P
Paoer and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parkina Facilities
Parkina Services
Parks Public or Private
Parochial Schools - Public or Private
8211
Partv Fishina Boats Rental 7999
Personal Services 7291 P
Personal Services 7212-7215,7221-
7251.7291 E(d) 0)
Personal Services 7212,7215,7221-
7251
Personal Services 7212 7291
Personal Services 7211.7212,7215i
7216 7291 7299 E(d)(j))(k)
Personal Services 7215. 7217. 7219.
7261 7291-7299 E(d)(j) )(k)
Personal Services 7211-7219
Personal Services 7215-7231 7241 E\J)
Personal Services 7221 7291
Photoaraohic Goods 3812-3873
Photoaranhic Studios 7221 P
Phvsical Fitness Facilities 7991 P
Phvsical Fitness Facilities
Pickuo Coaches
Plant and Wildlife Conservancies
Plastic Materials & Synthetics 2821 2834
Plav Areas and Plavarounds
2 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons,
diet workshops, dress suit rental, electrolysis. genealogical investigation service, and hair removal.
135
Text underlined is new text to be added
Text strikethrough is surreAt text to be deleted
p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ "'0
"Cl .s(.)
= ~ (.)1 i
accessory uses) U (.) c ""
u c:C);
- ~~N
~
o ::! ~
...... ca ~
C:_5
~ ... to
o Cl.l c3
Land Use Tvpe or CateQory' c > c
0-
.sro8
Ill'- U
C) U c
...Cl
c: ell Cl
Cl.l E.s
:E E ~
.:!1
o 0 "
C)(.) ~
Pleasure Boat Rental
Printina and Publishina Industries 2711 2712
Printina and Publishina Industries 2711-2796
Professional Offices 6712-6799,6411.
96311-6399,6531,
6541. 6552, 6553,
8111
Professional Oroanizations 8631
Public Administration 9111-9199.9229.
9311.9411-9451.
9511-9532,9611-
9661
Public Service Facilities - Essential
Railroad TransDortation 4011 4013
Real Estate 6531-6541 P
Real Estate 6521-6541
Real Estate 6512 P
Real Estate 6512-6514,6519,
6531-6553
Real Estate Brokers and ADoraisers 6531
Real Estate Offices 6531 ,6541.6552.
6553
Recreational Service Facilities
Recreational Services - Indoor 7911-7941.7991-
7993 7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
ReDair shoDs and related services not elsewhere classified 7699;;
Research Centers 8093
Research Services 8732
Residential uses
Retail Nurseries Lawn and Garden 5261 P
Rubber and Misc. Plastic Products 3021 3052 3053
Safety Service Facilities
3 Antique repair and restoration. except furniture and automotive only. bicycle repair shops only, rod and
reel repair.
136
Text underlined is new text to be added
Text striketl=lroygh is SyrreRt text to I;)e deleted
p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ "'0
'Q $C,J
accessory uses) = ~C,J:i
U C,J C ."
U = C) ;
..... ~!f!...
rLJ
o ~ l!!
..... co .!
=-5!
~ .....
o CIl ti
Land Use Type or CateQory' c > c:
0-
$iij8
Ill'- U
C) U c
...Cl
= CIl Cl
CIl E.s
:s! E a;
o 0 Gi
C) C,J !:'
Schools oublic
Schools - Vocational 8243-8299 E\-')
Security Brokers, Dealers, Exchanqes, Services 6211-6289 P
Shoe Reoair Shoos or Shoeshine Parlors 7251 P
Shootina ranae indoor 7999
Sinale-Familv Dwellinas E\I)
Social Services 8322-8399
Stone, Clav, Glass and Concrete Products 3221 , 3251 , 3253.
3255-3273.3275,
3281
Storaae
Svnthetic Materials 2834
Testina Services
Textile Mill Products 2211-2221 , 2241-
2259,2273-289.
2297,2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parkinn Lots 7514 7515 7521
Townhouses E(")
Transnortation bv Air 4512-4581
Transportation Equipment 3714,3716. 3731 ,
3732, 3751 ,3761 ,
3764, 3769, 3792,
3799
TransDortation Services 4724-4783 4789
Travel Aaencies 4724
Travel Trailers 5561
Two-Familv Dwellina
United States Postal Service" 4311 P
Veterinarian's Officeo 0742
Veterinarian's Office 0752
Videotaoe Rentalb 7841 P
Vocational Rehabilitation Services 8331
Weldina ReDair 7692
4 Excludes major distribution center.
5 Excludes outdoor kenneling.
6 Limited to 1,800 square feet of gross floor area.
137
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p = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ ....0
-e .!U
accessory uses) Q a;U~
U uC"
u c:: " li
...... ;:QN
rJ'l
o ~ ~
... cu.!
c:: -15
;: ... '"
o II) <3'
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0-
.! iij 8
tI:l.- (,)
" (,) Q
...e>
c:: II) e>
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00"
C) U !:'
Wholesale Trade 5148
Wholesale Trade - Durable Goods 5021,5031.5043-
5049. 5063-5078.
5091,5092,5094-
5099
Wholesale Trade - Nondurable Goods 5111-5159,5181.
5182 5191
Wildlife Conservancies 9512
Wildlife Manaaement 0971
Wildlife Refune/Sanctuarv
Wildlife Sanctuaries
Watches/Clocks 3812-3873
(a) Limited to 5.000 square feet per floor
(b) Except labor pools in qroup 7363
(c) Exception for newspapers in qroup 2752
(d) Except commercial use emplovinq drive-up, drive-in, or drive-throuqh delivery of qoods and/or services
(e) Except that fire protection and police protection in qroups 9221 and 9224 are limited to administrative
offices onlv iFl ar@~~ Q224
(1) Except civic, social. and fraternal orqanizations in qroup 8641
(9) Except liquor stores in qroup 5921
(h) Except pawn shops in qroup 5932
(i) Except retail firearm and ammunition sales in qroup 5941
m Except coin operated laundries and dry cleaninq in qroup 7215
(k) Except miscellaneous personal services not elsewhere classified in qroup 7299
(I) Refer to specific requlations in the GGDCCO district
138
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2.04.03 ZONING DISTRICTS AND USES
Table 2. land Uses that Mav be Allowable in Each Zonina District as Accessory Uses or Conditional
Uses.
C = conditional use
A = accessory use
~ -
~
;: ."
c:
C Q) ..
== > N
ACCESSORY AND 00 I!!
Gl - - i
'tl C CI:l
CONDITIONAL USES == '(3 ..
0 .c:
(.) 0 ... u
0 Q) .E
(.) CD E 0
en - E u
CI:l 0 log
Cl u uCl
C ... u~
CD CD 0::
"C -
'0 C Cl.!!
CD Cl~
Cl u
Administrative or service buildina
Adult dav care A322
Aqricultural: animal & livestock breedinq, exotic aquaculture,
aviary, diary or poultry plant eqq production, exotic animals,
ranchina or wholesale rentile breedina
Aaricultural
0741. 0742, 0752-
0783
Aaricultural services
7911
Amusement & recreation services . C
7911-7941.7991-
7993. 7997, 7999
Amusement & recreation services
7948. 7992. 7996.
7999
Amusement & recreation services
Ancillarv Dlants
Animal control
Aauariums 8422
Archerv ranaes 7999
Assisted livina facilities
139
Text underlined is new text to be added
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C = conditional use
A = accessory use
~ ~
"i: ."
C
C CD co
~ > ...
ACCESSORY AND 00 l!!
Q) - - r
CONDITIONAL USES '0 c l'Cl
~ '13 co
0 .c
U 0 ... u
C CD c
~ CD E 0
en - E_1:l
l'Cl
0 OOe
U u8
c ... U 0
CD .!c-;:
't:l
0 ;0';
0 u~~
Auctioneerina Services auction rooms and houses 7389. 5999 C(a)
5521 , 5551. 5561 ,
5599
Automotive dealers and aasoline service stations
Automotive rental/leasina 7513,7519
Beach chair bicvcle boat or mODed rentals
Bed & breakfast facilities 7011
Boathouses
Boat ramDS
Boat yards
Botanical carden 8422
Bottle clubs 5813
CamDina cabins
Care Units
Caretaker's residence A(b)
Cateaorv II arOUD care facilities
Cemeteries
Chemical oroducts 2812-2899
Child day care 8351
Churches & Dlaces of worship 8661
Civic & cultural facilities
Clam nurseries
Cluster develooment
140
Text underlined is new text to be added
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C = conditional use
A = accessory use
~ i
i: 'tl
C
c: Ql "
~ > N
ACCESSORY AND 00 e
Q) - - !
'C c: III
CONDITIONAL USES ~ 'u "
0 ..c
U 0 '- u
C Ql c
U Ql E 0
Ci5 - E U
III oog
C> (.) (.) 15
c: '-(.)0
Ql Qlc-
"C c: C) .!
'0 Ql c> "
c> (.) !:l=
Cocktaillounaes 5813
Collection/transfer sites
Commercial uses
Com m u n ications 4812-4841
Communication towers
Communitv centers C
Communitv theaters 7922
Concrete or aSDhalt Dlants
Continuina care/retirement centers
5411
Convenience stores
Dancina establishments & staaed entertainment
Deoositorv institutions 6011-6099
Detention facilities
Docks
5813
Drinkina establishments
Drivina ranaes
Earth minina
5812
Eatina establishments
141
Text underlined Is new text to be added
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C = conditional use
A = accessory use
~ ~
-.: "C
c
c:: CIl co
:: > N
ACCESSORY AND 00 I!!
CIl - - ..
CONDITIONAL USES "0 c:: III r
:: '(j co
0 ..c
U 0 ... CJ
C CIl .E
~ CIl E 0
en - E _CJ
III 0 0:5
C) u u"
c:: ... u~
CIl CIl c:
't:I -
"0 c:: C).l!?
CIl ~~
C) u
8211-8222
Education services
8211-8231
Education facilities' Dublic & Drivate schools
Electric aeneratina olants
Electric aas & sanitarv services 4911-4971
Enamelina oaintina. or olatinq A (c)
Excavation
Extraction related orocessinq and Droduction
Fabricated metal Droducts 3482-3489
Farm labor housinq
Farm Droduct raw materials 5153-5159
Field CroDS
Fish i na/huntina/traooina 0912-1919
Food oroducts 2011.2048
Food service C
Food stores (over 5 000 s.U 5411-5499 C
Fraternallodaes orivate club or social clubs
Fuel dealers 5983-5989
Fuel facilities
Funeral services & crematories 7261
Gas aeneratina Dlants
142
Text underlined is new text to be added
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C - conditional use
A = accessory use
~ ~
;: ..,
c: Q) c
'"
ACCESSORY AND 3: > ...
Gl 00 ~
CONDITIONAL USES -- ..
"C c: m t
0 3: 'u .c
U 0 .... (,)
c Q) .5
~ Q) E 0
en - E (,)
m 615
C) 0
(.) (.)Cl
c: .... (.)~
Q) Q) c-::
'tl -
'0 c: c).!
Q) C)~
C) (.)
Gift shoDs 5947
Golf club house
Golf course
Golf drivina ranae
GrauD care units
Guesthouses
Health services 8011
Homeless shelters 8322
HosDitals 8062-8069
Hotels and motels 7011,7021.7041
Huntina cabins
Incinerators
Jails
Justice Dublic order & safety 9211-9224
Kennels & kennelina 0742.0752
Kiosks
Leather tannina & finishina 3111
Livestock
Local and suburban transit 4111-4121
Local and suburban transit 4131-4173
Lumber and wood oroducts 2411-2421, 2429
Maintenance areas
143
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C = conditional use
A = accessory use
~ ;
i: "tl
C
l: CIl ..
== > N
ACCESSORY AND 00 f!!
Q) - - t
CONDITIONAL USES ~ l: I1l
0 == 'u .<:
0 0 ... u
C CIl .E
~ CIl E 0
E u
en - 16 g
I1l 0
C) U u<.'l
l: ... u~
CIl CIl c:
't:l -
'0 l: C).!
CIl ~~
C) u
Maior maintenance facilities
Marina 4493.4499
Mental health facilities
Merchandise - outdoor sales
Miniature aolf course 7999
Mixed residential and commercial
Model homes and model sales centers
Motion nicture theaters 7832 C
Motion oicture theaters 7833
4212.4213-4225,
4226
Motor freiaht transoortation and warehousinq
Motor freiaht transoortation and warehousina 4225.4226
Noncommercial boat launchinq ramos
Nurserv - retail 5261
Nursina and oersonal care facilities 8062
Nursina homes
Oil and aas extraction 1321.1382
Oil & aas field develooment and oroduction
Outdoor disolav
Packinahouse
Paoer and allied oroducts 2611
144
Text underlined is new text to be added
TalE!: strikathreygh is GlIrreAt text to Be E1eleteel
C = conditional use
A = accessory use
~ ~
;: "C
C ell c:
..
ACCESSORY AND ~ > '"
Q) 00 Ie
CONDITIONAL USES - - ..
't:l c: l'Il S
0 ~ 'ij ..
.c:
t,) 0 "- to>
C III .5
S:a III E 0
en - E to>
l'Il 0 6g
C) u UCl
c "- u~
III ell c::
'C -
'0 c C)ol!?
ell C)~
, C) u
Personal services 7291
Petroleum refinina and related 2911-2999
Pistol or rifle ranae
Plav areas and olavarounds 8-
Poultrv raisina (small)
Primary metal industries 3312-3399
Private boathouse and docks
Private clubs
Private land inn strins
...C-
Pro shoos (Iarae)
Pro shons (small)
Recreational facilities A
Recreational services
Refuse systems 4953
Rehabilitative centers 8093
Renair or storane areas
Residential uses
Resource recovery olant
Restaurant (smam or snack shan 5812
Restaurant (Iarae) 5812
Retail shons or sales
Rubber and misc. Plastic oroducts 3061-3089
145 Text underlined is new text to be added
Text strikethrough is surreAt text to Be deleted
C - conditional use
A = accessory use
~ ;j
1: "'C
l: CI) c
..
ACCESSORY AND == > CO<
Q,) 00 I!!
CONDITIONAL USES - - Cll
"0 l: CIl S
0 == 'u ..
.c
U 0 ... t,)
c CI) .E
U CI) E 0
E t,)
VJ iij 6:5
C) 0
u uCl
l: ... uc;
CI) CI) c-:
'tl -
(5 l: C).!
CI) C)~
C) u
Sanitarv landfills
Sawmills
Schools Dublic or Drivate
Schools Drivate
Schools vocational 8243-8299
Service facilities
Slauahterina Dlants 2011
Social association or clubs 8641
Social services 8322-8399
SOUD kitchens
Sports instructional camDS or schools
Staaed entertainment facilitv
3211. 3221 , 3229.
3231,3241,3274.
3291-3299
Stone clav. alass and concrete Droducts
Swimmina Dools - Dublic
Storaae enclosed
Tennis facilities
2231 ,2261-2269,
2295.2296
Textile mill oroducts
Transfer stations 4212
146 Text underlined is new text to be added
Text striketluougR is GlIrr-eRt text to be deleted
C = conditional use
A = accessory use
i; ~
'i: ."
C Q) c
"
~ > ...
ACCESSORY AND 00 t!!
CIl - - .,
CONDITIONAL USES " C r:J ~
0 ~ 'u .c
0 0 ... t.)
c Q) .E
0 ClI E 0
Ci) E t.)
- 6:5
r:J 0
C) u uCl
C ... u~
ClI Q) c-;:
't:l -
"5 C C)~
Q) C)~
C) u
Veterinarian's office 0741-0742
5015,5051 ,5052,
5093
Wholesale trade - durable qoods
5162,5169,5171.
5172.5191
Wholesale trade - nondurable aoods
Yacht club 7997
Zoo
1 The overlay districts are not included in this table where they are desiqn-oriented and does not
chanqe the underlyinq uses. Overlay districts. whether listed herein or not, allow the uses in the
underlyinq zonina district. Those overlay districts listed in this table also allow the specifically listed
uses.
Residential Neiqhborhood Commercial is not included, as it deals with home occupations.
Also permissible in the C-1 zoninq district is any other commercial use or professional service
which is comparable in nature with the listed uses includinq those that exclusively serve the
administrative as opposed to the operational functions of a business and are purely associated with
activities conducted in an office.
(8) Limited to 5,000 square feet per floor
(b) Accessory to commercial and residential mixed use proiects
(c) Accessory to an artist's studio or craft studio only
147
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2.05.00 DENSITY STANDARDS
2.05.01 Density Standards and Housing Types
A.
s
~
~
ClI
~ Q
Ql
.Q ...
E U) Density
Housing .!!!
:::: u (units per
Type: -S '-
..:::
Zoning .e. .l!l ~ gross acre)
.... Ql Ql g -
District ::: Ql ~ E U) ClI
~ U) 0 :::: ... e s:::
:::: '- ~ 0
0 E J:: ~ ClI ~
I ~ ~ ..:::
~ ..::: .1!! CIl ~ - .l!! ClI
~ - U) e
~ g- ,- '- U) U) e Ql
- .Q CIl
- E u
~ ~ :::: ~ ~ :::: ClI CIl
Q :s C) to) i::: ct:
Per
underlvinq
GGDCCO ,/ zonina
district
148
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4.02.37 Design Standards for Development in the Golden Gate Downtown Center
Commercial Overlay District (GGDCCO)
A. Development criteria. The following standards shall apply to all uses in this
overlay district. Where specific development criteria and standards also exist
in the Golden Gate Area Master Plan, or the Future Land Use Element of the
growth management plan, these standards shall supersede any less stringent
requirement or place additional requirements on development.
1. Cessation of residential uses. Existing, non-owner-occupied residential
uses located along Golden Gate Parkway shall cease to exist no later
than seven years after the effective date of the adoption of the
Downtown Center Commercial Subdistrict in the Golden Gate Area
Master Plan (adopted October 26,2004; effective January 14, 2005).
This does not require the removal of residential structures located
elsewhere in this overlay district.
2 Multi-story buildings.
a. Only retail, personal service, and institutional uses are allowed on
the first floor.
b. All uses allowed by this zoning overlay, except restaurants and
cocktaillounges, are allowed on the second floor.
c. Only residential uses are allowed on the third floor.
3 Density. Density shall be as per the underlying zoning district. For
mixed-use {Jroiects, density shall be calculated based upon total pro;ect
acreage.
4. Setbacks.
a. All development and redevelopment on property abutting Golden Gate
Parkway shall have a front yard set-back ranging from zero (0) feet to
fifteen feet (15). All pro;ects utilizing a front yard setback greater than
zero (0) feet shall provide, within the front setback area, restaurant seating.
and/or open space areas such as other seating, planting areas, and
decorative landscape planters. Water management retention and detention
areas are prohibited within this setback area.
b. All development and redevelopment on properties elsewhere in the
overlay area shall utilize the underlying zoning's front yard setback
requirements.
c. Side yard setback shall be 5 feet.
149
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d. Rear yard setback shall be one-half of the building height, with a 15-foot
mInImum.
5. Building Footprint
a. Minimum building footprint of 3 ,000 square feet.
b. Maximum building footprint shall not exceed 12,000 square feet
c.
6. Minimum floor area - commercial.
a. First floor. 3.000 square feet.
b. Second floor. 1,000 square feet.
7. Commercial Occupancy/Tenant.
a. First floor. Only single tenant occupancy is allowed.
b. Second floor. Minimum unit size is 700 square feet per tenant/occupant.
8. Minimum floor area - residential.
a. Mixed use. Minimum floor area of 1,500 square feet.
9. Minimum Height. Buildings shall have a minimum height of 34 feet.
exclusive of all embellishments and appurtenances, measured from the first
finished floor to the highest point of the roof surface, embellishment or
appurtenances, whichever is greater. Where minimum floor elevations have
been established by law or permit requirements, the building height shall be
measured from such required minimum floor elevations.
10. Maximum height. Buildin~s shall be a maximum height of three stories not to
exceed 45 feet, inclusive of all embellishments and appurtenances, measured
from the first finished floor to the highest point of the roof surface,
embellishment or appurtenances, whichever is greater. Where minimum floor
elevations have been established by law or permit requirements, the building
height shall be measured from such required minimum floor elevations.
11. Crime Prevention Through Environmental Design (CPTED) Standards. The
Golden Gate community supports the CPTED philosophy as a way to reduce
crime, improve neighborhood and business environments, and increase overall
quality of life of its citizens. CPTED principles such as natural surveillance,
150
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natural access control, and territorial reinforcement shall be incorporated into
the overall design of the project, consistent with the provisions in this overlay
and as identified below.
a. Public paths shall be clearly marked by using design elements such as
landscaping and pedestrian accent lighting.
b. Public entrances shall be clearly defined by walkways and signage, as
specifically provided in this overlay.
c. Building entrances shall be accentuated through architectural elements,
lighting, landscaping, and/or paving stones.
12. Common architectural style. In support of the purpose and intent of the
GGDCCO, all structures within the overlay district shall have a common
Mediterranean architectural style, with barrel tile roofs, stucco facades. arches
and wood accent members used as details. During the site development plan
review process, architectural drawings shall be submitted to demonstrate
adherence to this requirement. All commercial and mixed use buildings and
pro;ects shall be sub;ect to the provisions of Section 5.05.08 of the Code,
except as provided herein.
13. Architectural standards. All buildings shall meet the requirements set forth in
Section 5.05.08, except as otherwise specified below:
a. Buildings with frontage on Golden Gate Parkway shall have sixty (60)
percent of the ~ound-floor facade finished with clear or lightly tinted
glass.
b. The glazed area of the facade above the first-floor shall be at least
twenty (20) percent but shall not exceed thirty-five (35) percent of the
total area, with each facade being calculated independently.
c. Design elements used to embellish the primary facade shall be similarly
incorporated into the rear facade of buildings.
d. In addition to "c" above, awnings shall be installed overrear doors and
windows.
e. In order to disrupt the monotonv created by monolithic walls, the
facades of buildings 5,000 square feet or larger shall use rooflines that
vary in height or architectural embellishments, such as parapets or
cupolas, at least every eighty (80) feet.
14. Outdoor display/sale of merchandise and outdoor restaurant seating areas.
151
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a. No automatic food and drink vending machines shall be located exterior to
buildings.
b. Outdoor restaurant seating shall be permitted to encroach up to a
maximum of 5 feet into the public sidewalk. Such seating area shall not be
located in the same area as a portable restaurant sign such that, in
combination, the encroachment exceeds 5 feet.
15. Access. Those aggregated lots developed under these overlay provisions and
fronting on Golden Gate Parkway must provide site access from abutting local
streets and may not obtain site access from Golden Gate Parkway, and where
one such commercial or mixed use development provides site access at the
development's proiect boundary abutting other lots, whether aggregated yet or
not for commercial or mixed use development, such developments must
provide for ioint or cross access with the abutting property or properties in
order to share access and minimize the number of access points.
16. Parking standards. All commercial and mixed-use proiects shall meet the
parking requirements as set forth below:
a. A minimum of three (3) public parkinll; spaces for each 1,000 square feet
of commercial floor area.
b. A minimum of 1 1/2 parking spaces for each residential unit.
c. No parking is allowed in the front yard.
d. There shall be no parking requirement for outdoor restaurant seating areas.
e. Shared parking is required, where possible and feasible.
f. Interconnection between ad;acent parking lots are required, where possible
and feasible.
g. Parking facility lighting shall be consistent with the pedestrian/accent
decorative lighting fixtures illustrated in Fig. 29, page 5-9 of the Golden
Gate Community Roadways Beautification Master Plan, latest edition, and
shall be maintained at a lill;ht level of 3.0-foot candles, and arranged and
shielded in a manner that protects roadways and neighboring properties
from direct glare or other interference.
h. All pro;ects that are adjacent to residential development within the district
and/or residentially zoned properties outside the district shall provide
lighting fixtures with full-cutoff optics that direct the light source
downward.
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i. The overnight parking of commercial vehicles, with a rated load capacity
of one ton or more, is prohibited.
i. The overnight parking of commercial vehicles shall be limited to one (1)
vehicle per 1,000 square feet of commercial floor area, not to exceed six
(6) commercial vehicles per building.
17. Proiect standards. In addition to the site design elements described in Section
5.05.08 C.5.d, all proiects shall provide:
a. Two accent or specimen trees, above the minimum landscape code
requirements, for every 100 linear feet along both the front and rear
facades. at a minimum height of 18 feet at planting, except that pro;ects
with frontage along Golden Gate Parkway shall only be required to
provide the planting along the rear facade.
b. Decorative landscape planters or planting areas, a minimum of five (5)
feet wide, and areas for shaded seating consisting of a minimum of 100
square feet.
18. Landscaping. All commercial and mixed use pro;ects shall meet the landscape
requirements in Section 4.06.00 of this Code, unless otherwise specified in
this zoning overlay.
19. Golden Gate Parkway Right-of-Way Improvements. Right-of-way
improvements required for properties/lots with frontage along Golden Gate
Parkway.
a. Curbing. All pro;ects/lots shall provide Type "F" non-mountable curbing
per F.D.O.T. "Roadway and Traffic Design Standards" Index 300, the.
latest edition.
b. Landscaping. All proiects/lots shall be required to provide an eight (8)
feet wide landscaping strip between the curb and sidewalk. This planting
area may be reduced between tree spacing to five (5) feet wide, for a
maximum of 50 percent of the buffer area, to accommodate street
furnishings and fixtures, consistent with the Golden Gate Community
Roadways Beautification Master Plan.
The landscaping strip shall be landscaped with: 1. Turf, not to exceed 50
percent of the planting area; 2. Shrubs and ground cover, at a minimum of
50 percent coverage, not to exceed a mature height of twenty-four (24)
inches; and, 3. Canopy trees, planted one per 30 linear feet and, at time of
planting, a minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in
height.
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All planting materials in the public right-of-way shall be consistent with
those identified in the Golden Gate Community Roadways Beautification
Master Plan. Installation and maintenance shall be consistent with the
Collier County Construction Standards Handbook for Work within the
Right-of-Way.
Where ri!!ht-of-way plantings above are not practicable. a planting area
and/or a decorative planter(s) may be provided consistent with the Collier
County Construction Standards Handbook for Work within the Right-of-
Way.
Property owners shall be required to enter into a Landscape Maintenance
Agreement with the County for the installation and maintenance of the
required right-of-way plantings. Landscape Maintenance Agreements
shall require a signed and sealed landscape and irrigation plane s), review
by the appropriate Transportation Division's staff, approval by the Board
of County Commissioners, and recording of said agreement with the Clerk
of Courts. Plans shall include, but not be limited to, the following:
1. Existing conditions inventory
2. Proposed plantin!!s/details of planting methods and
maintenance specifications
3. Location of utilities
4. Location of drainage facilities
5. Irrigation proposal, includin!! water connections
c. Sidewalks. All proiects/lots shall provide a ten-feet wide sidewalk
between the required landscape strip identified in "b." above and the
property line. Sidewalks shall be concrete design, Class I, 3000 PSI, 4-
inches thick on top of 4-inch limestone base, and installed consistent with
the "Construction Standards Handbook for Work within the Right-of-
Way". Decorative pavers (consistent with the approved pavers identified
in the Golden Gate Community Roadways Beautification Master Plan)
may be substituted for concrete portions of sidewalk, sub;ect to approval
by the County Manager or designee.
20. Address numbers. Address numbers shall be 8 inches in vertical height and
shall be located on the primary building facade. Numbering materials shall
be reflective and have a contrasting background.
21. Signs. As required. allowed, or prohibited in Section 5.06.00 of this Code,
except as specified below:
a. A single external wall sign may be applied to both the front and rear
facades of the building provided that it shall not exceed two (2) feet in
vertical dimension. This wall sign( s) shall not exceed 80% of the width of
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each unit with a minimum of ten percent clear area on each outer edge of
the unit.
The wall sign( s) shall consist of letters applied directly on the facade( s) of
the building.
A wall sign( s) shall only be permitted on the first floor of a building.
b. In lieu of the external wall sign(s) permitted in paragraph "a." above, the
vertical drip of an awning may be stenciled with letters no more than 8
inches in height and shall not exceed one third of the length of the canopy.
Such sign shall be limited to the first floor only.
c. In addition, an under canopy or proiection sign shall be required for, and
limited to the business located on the first floor. Such signs shall not
exceed 6 square feet, shall not pro;ect more than four (4) feet from the
building on which it is attached, and shall be elevated to a minimum of 8
feet above any pedestrian way and shall not exceed a height of 12 feet.
d. Single or multiple occupancy parcels where there is double frontage on a
public right-of-way, shall be allowed three signs, but such signs shall not
be placed on one wall, and shall be limited to the first floor only.
e. Signs used on the primary facade shall also be similarly provided on the
rear facade of the buildings.
f. One identification sign may be provided for a second floor businesses).
Such sign shall only be permitted in the rear yard and shall have a
minimum setback requirement of 10 feet. Such sign shall not exceed 24
square feet in size and 4 feet in height. The display area of the sign may
only include the business logo, name. and address.
Corner lots and through lots shall locate such sign in the rear of the
building.
g. External signs shall not be translucent, but may be externally lit or backlit.
h. No sign, display, merchandise or window tinting shall be placed on or
adiacent to any window that would interfere with the clear and
unobstructed view of the interior of the establishment from the outside
and, in particular, of the cash register(s) from the street.
i. The following signs are prohibited: freestanding signs, except
identification signs, real estate signs, and construction signs; stenciling and
other window signs, except "open" signs, which shall be limited to two
and one-half square feet in size.
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i. Portable restaurant SIgnS shall be permitted sub;ect to the following
regulations:
1. Signs shall be "A" frame design
2. Only one sign shall be permitted per restaurant
3. The sign dimensions shall be a maximum of 24-inches wide and
48-inches in height.
4. The sign shall be displayed only during the hours of operation of
the establishment.
5. The sign shall be permitted to encroach up to a maximum of 5 feet
into the public sidewalk. Such sign shall not be located in the same
area as any outdoor restaurant seating encroachment such that, in
combination, the encroachment exceeds 5 feet.
22. Lighting. As described and provided in the Golden Gate Community
Roadways Beautification Master Plan or as identified below:
a. Internal Proiect Lighting. All proiects shall use architectural decorative
lighting. Such lighting shall be the same decorative lighting as identified
in Figure 29 on page 5-9 of the Golden Gate Community Roadwavs
Beautification Master Plan. If such lighting becomes unavailable,
similarly themed lighting shall be used. Light fixtures must light all
public use areas adiacent to the building (e.g. entrvway, courtyards, etc.)
to a recommended 0.5 candle level of illumination. Lighting shall be
arranged in a manner that protects roadways and neighboring properties
from direct glare or other interference.
b. Street/Roadway Lighting. Architectural decorative lighting shall be used
along Golden Gate Parkway within the public right-of-way. Such lighting
shall be a variation of the decorative lighting identified as Figure 29 on
page 5-9 of the Golden Gate Community Roadways Beautification
Master Plan, more specifically identified as the Lumec Domus Series
(DMS50-250MH-SG3-480-LD-DL-CRL72-1Al U.S. 41 East lighting
fixture). If such lighting becomes unavailable, similarly themed lighting
shall be used. The installation and maintenance of lighting shall be
consistent with the Collier County Construction Standards Handbook for
Work within the Right-of-Way.
23. Dumpsters. Dumpsters shall be screened and positioned out of view from
public right-of-ways and pedestrian walkways.
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LDC Amendment ReQuest
ORIGIN: Z&LDR
AUTHOR: Catherine Fabacher
DEPARTMENT: Z&LDR
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC2:116
LDC SECTION:
2.04.03 Table of Land Uses in Each Zoning District
LDC SUPPLEMENT #: Supplement 1
CHANGE: Remove Single Family Dwellings as a permitted use in Golf Course (GC) Zoning
District and restrict the permitted use of single family residences in the Residential Multiple
Family-12 (RMF-12) Zoning District to existing nonconforming lots subject to Section 4.02.01
Dimensional Standards for Principal Uses in Base Zoning Districts, Table 1. Lot Design
Requirements for Principal Uses in Base Zoning Districts.
REASON: To correct errors to the Code that occurred during re-codification.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 4.02.01 and 2.04.03
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: July 19,2005
Amend the LDC as follows:
2.04.03 Table of Land Uses in Each Zoning District
[see attached copy of table 1: page LDC2: 115 on next page]
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J
ZONING DISTRICTS AND USES
2.04.03
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Repair shops and related 769!f l
services, not elsewhere
cla.ssified
Research Centers 8093
Research Services 8732 p
Residential uses
Retail Nurseries, Lawn 5261 P P
and Garden
Rubber and Mise. Plastic 3021, 3052,
Products 3053
Safety Service Facilities
Schools, public pl" p" p'S
Schools. Vocational 8243-8299 p
Security Brokers, Deal- 6211-6289 p P P
en, Exchanges, Services
Shoe Repair Shops or 7251 p P P P
Shoeshine Parlors
Shooting range, indoor 7999
Single-Family Dwellings P. p P P P plS P P
Social Services 8322-6399 p
Stone, Clay, Glass and 3221, 3251,
Conc:rete Products 3253, 3255-
3273, 3275,
3281
Storage
Synthetic Materials 2834
Testing Services
Textile Mill Products 2211-2221,
2241.2259,
2273-2289,
2297, 2298
Timeshare Facilities p
Title abstract offices 6541
Tow-in Parking Lots 7514, 7515, P
7521
LDC2:116
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15Limited to 1,800 square fee of gross floor area
16The permissible activities include, but are not limited to: crop raising; horticulture; fruit and nut production;
forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising; and
aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits.
17The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying; ranching;
poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or
kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25
in total number, and the keeping of horses and livestock (except hogs) not to exceed two such animals for each acre
and with no open feedlots, for personal use and not in association with commercial agricultural activity on parcels
less than 20 acres in size.
18Except outdoor kenneling in groups 0741,0742 and 0752.
19Except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall
be a minimum of 500 feet from a residential zoning district.
20Except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control
for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district.
210nly when located within an activity center. If outside of an activity center, see the conditional uses table below.
22The retail services building must be 5,000 square feet or less of gross floor area, except that drug stores are not
subject to this floor area limitation.
23Except pawnshops and building materials.
24Except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and
whirlpool baths.
25Single family dwellings are permitted only on existing nonconforming lots subiect to the lot design requirements
set forth for RSF-6 in Section 4.02.01: Table 1 Lot Design Requirements for Principal Uses in Base Zoning Districts.
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f II _~..".."'I~.-IIl_"
LDC Amendment ReQuest
ORIGIN: Community Development and Environmental services
AUTHOR: Mike Bosi, AICP
DEP ARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle Two 2005
LDC PAGE: LDC4: 13-14
LDC SECTION:
4.02.03
LDC SUPPLEMENT #:
Original LDC Recodification (04-41)
CHANGE: Add language to accessory structure setback criterion to establish a benchmark for
the seawall elevation from which the rear yard accessory setback is determined.
REASON: To prevent builders from artificially raising the existing seawall to gain
compliance with the reduced rear yard for accessory structures as provided for in section
4.02.03.A.Table 4 of the LDC
FISCAL & OPERATIONAL IMPACTS:
NA
RELA TED CODES OR REGULATIONS:
LDC section 4.02.03.A.Table 4
GROWTH MANAGEMENT PLAN IMPACT: NA
OTHER NOTESNERSION DATE:
This version was created on July 7,2005
Amend the LDC as follows:
4.02.03
Specific Standards for Location of Accessory Buildings and Structures
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Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront
Lots and Golf Course Lots
Setbacks
Structure to
Front 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 1/1 1
4. Swimming pool and/or screen enclosure (one- and SPS 10 feet SPS N
wo-family)
o. Swimming pool (multi-family and commercial) SPS 20 15 feet N
feet
6. "'"ennis courts (private) (one- and two-family) SPS 15 SPS 10 feet
feet
7. "'ennis courts (multi-family and commercial) SPS 35 SPS 20 feet
feet
8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 10 feet
feet
(See section 5.03.06(F))
9. Utility buildings SPS SPS 1 0 feet 10 feet
10. Chickee, barbecue areas SPS 10 SPS N
feet
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS
feet
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...,. .""._A... ..... ... .~"~-~~..._,_..,
12. Attached screen porch SPS 10 feet A SPS SPS
13. Unlisted accessory SPS SPS SPS 1 0 feet
14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 N/A
feet
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 SPS 10 feet
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
I lIfoot of accessory height = l/foot of building separation.
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,
except Isles of Capri which may construct 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 bench mark
elevation of the top of seawall cap or top of bank for determining the setback for the rear yard
accessory setback on a parcel shall be no higher than the average elevation of the top of seawall
cap or top of bank on the two immediate adioining parcels.
4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of
bank, except Isles of Capri which may construct to a maximum of seven feet above the seawall
with a maximum of four feet of stem wall exposure, with the rear setback often feet. The bench
mark elevation of the top of seawall cap or top of bank for determining the setback for the rear
yard accessory on a parcel shall be no greater than the average elevation of the top of seawall cap
or top of bank on the two immediate ad;oining parcels.
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LDC Amendment ReQuest
ORIGIN: Public Comments
AUTHOR: C. Fabacher
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC4:30
LDC SECTION:
4.02.14
LDC SUPPLEMENT #: Supplement 1
CHANGE: Re-titling the section to indicate that Special Treatment CST) District Standards are
also included in this section.
REASON: Staff notes that several applicants have called because they could not locate the
Design Standards for ST Districts.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: June 15,2005
Amend the LDC as follows:
4.02.14 Same Desie:n 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.
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E. Site alteration plan or site development plan approval required. Prior to the
clearing, alteration, or development of any land designated ST or ACSC-ST, the
property owner or his legally designated agent shall apply for and receive approval
of a site alteration plan or site development plan, as the case may be, by the BCC
as provided in section 4.02.14 F. below.
F. Procedures for site alteration plan or site development plan approval for
development in ST or ACSC-ST designated land.
1. Preapplication conference. Prior to filing a petition for site alteration or
site development approval of ST or ACSC-ST land, the petitioner shall
request and hold a preapplication conference with the planning services
director and appropriate county staff. The preapplication conference is for
the purpose of guidance and information, and for ensuring insofar as is
possible, that the petition is in conformity with these regulations. No
petition for the site alteration or site development approval will be
accepted for formal processing until the planning services director has
reviewed the petition to determine that all required data is included; a
minimum of 30 days shall be allowed for this phase of the review process.
County staff shall visit the site, where appropriate.
2. Review and recommendation by planning services director, planning
commission and environmental advisory council. The site alteration plan
or site development pl~ shall be submitted to the planning services
director who shall have it reviewed by the appropriate county staff. The
planning services director shall then forward the site alteration plan or site
development plan and the county staff recommendations to the planning
commission and the environmental advisory council (EAC) for review and
recommendation. Neither the planning commission nor the EAC review
shall require a public hearing nor notice to the abutting property owners,
but shall be held in a regular meeting. The planning commission and EAC
recommendations and county staff recommendations shall be forwarded to
the BCC for final action.
3. Final action by board of county commissioners. Final action on the site
alteration plan or site development plan lies with the BCC. The board shall
review the proposed site alteration plan or site development plan in regular
session and shall act formally by resolution stipulating reasons for
approval, or approval with modification, or denial of the site alteration
plan or development plan.
4. Other permits required. The petitioner may at any time during the county
review process apply for the appropriate local, state and federal permits for
the alteration or development of the subject property.
5. Commencement of site alteration or site development. Upon obtaining all
required local, state and federal permits in order to alter or develop the
subject property, the petitioner may commence alteration or development
in accordance with the conditions and requirements of said permits.
Submission requirements for site alteration plan or site development plan
approval for development in ST or ACSC-ST designated land. The
following shall be submitted in a petition for site alteration or site
development approval of ST or ACSC-ST land:
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Thomas E. Kuck, P.E., John Houldsworth
DEPARTMENT: Engineering Services
AMENDMENT CYCLE # OR DATE:
Cycle 1, 2005
LDC PAGE:
LDC4:62
LDC SECTION:
Section 4.03.02
LDC SUPPLEMENT #:
Original LDC recodification (04-41)
CHANGE:
Add sentence clarifying platting requirement
REASON:
The platting requirement is currently assumed but is not specifically
stated. This amendment provides clarification.
FISCAL & OPERATIONAL IMPACTS:
None
RELATED CODES OR REGULATIONS:
Chapter 177, Florida Statutes
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: This version was created on December 15,2004 at
2: 15 p.m. Amended on Aug. 18 following CCPC comments.
Amend the LDC 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. Any division of land meeting the definition of subdivision which is not otherwise
exempt by this section shall require the filing of a subdivision plat in accordance with the
requirements of Section 10.02.04 of this code.
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Russell WebblRoss Gochenaur
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
Cycle 2, 2005
LDC PAGE:
LDC 4: and 10:
LDC SECTION:
Sections 4.03.03 and 10.02.01 - 10.02.04
LDC SUPPLEMENT #:
Original LDC re-codification (04-41)
CHANGE: Various portions of the Code dealing with platting policies, procedures and
submittal requirements have been altered or deleted.
REASON: The LDC was previously amended to eliminate mandatory Preliminary
Subdivision Plats (PSP) and allow applicants the option of submitting only the Final Subdivision
Plat (FSP). The intent was to combine the PSP and FSP reviews, but the previous amendment
failed to specify policies, procedures and submittal requirements for accomplishing this. The
current amendment rectifies that oversight, and also deletes language referring to development
orders which no longer exist (e.g., major and minor site development plans).
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE:
12: 15 p.m.
This version was created on November 22, 2004 at
Amend the LDC as follows:
4.03.03 Exemptions
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B. .^.. minor subdivision, as defined in Chapter 1, for single family detached
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and duplex residential development shall be exempt from the requirements and
procedures for prcliminary subdivision plats; provided, however, nothing contained
herein shall exempt such minor subdivisian from the requirements and procedurcs for
improvement plans and final subdivisian plats, and where required subdh'ision
improvements UTe contemplated, the posting of subdivision performance security. No
building permits shall bc issued prior to recordation of the final subdivision plat.
C. l.. minor subdivision, as defined in Chapter 1 for multi family residential
development and all nonresidential de~:elopment shall be exempt from the requirements
and procedures for preliminUTY subdivision plats and improvement plans; provided,
howevcr, nothing contained herein shall exempt such minor subdivision from the
requirements and procedures for design requirements for access under section 1.01.00,
'.vater management plans under Chapter 6, final subdivision plats under the procedures
set forth in Chapter 10, and site deyelopment plans under procedures set forth in Chapter
10, and \vhere required subdivision improvements are contemplated, the posting of
subdh'isian performance security. No building permits shall be issued prior to
recordation of the final subdivision plat.
D. l..n integrated phased development, us defined in Chapter 1 and which has
been pre':iously appro'/ed in accordance with procedures set forth in Chapter 10, shall be
exempt from the requirements, standards and procedures for preliminary subdivision
plats (Chapter 10) and improvement plans (Chapter 10); pro'/ided, ho',vcver, nothing
contained herein shall exempt such integrated phased development from the
requirements and procedures for design requirements for access under section 1.01.00,
water management plans under Chapter 6, final subdivision plats and subdivision
performance security under Chapter 10, and major site development plans under Chapter
10. No building permits shall be issued prior to recordation of the final subdivision plat.
These provisions shall not require that the interior aecess within an integrated phased
development be different from the conditions in Chapter 10 applicable to site
development plans.
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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.
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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:
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b.
Issues of discussion. Issues that shall be discussed at the preapplication conference
shall include but are not limited to the following:
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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.
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.
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10.02.02 Submittal Requirements for All Applications
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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.
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2. A1inor subdi'.'isions for single family det-eched and duplex residential development. A
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minor subdivision, as defincd in article 6, for single family detach cd and duplex
residential develapment shall be excmpt from the roquirements and procedurcs
for prcliminary subdivision plats; pro'/ided, hm.'1cver, nothing containcd herein
shall exempt such minor subdivision from the rcquircmcnts and proccdurcs for
improvement plans and final subdivision plats, and where required subdivision
improvcments are contemplated, the posting of subdivisian performancc security.
No building permits shall be issued prior to recordation of the final subdivision
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3. },finor subdivisions for multifamily residential and nonresidential development.
.A minor subdivision, as defined in articlc 6, for multiple family residential
development and all nonresidential development shall be exempt from thc
requirements and procedures for preliminary subdivision plats and improvement
plans; provided, ho\vever, nothing containcd herein shall excmpt such minor
subdivisien from the requirements and procedures for design requirements for
access under the Collicr County Construction Standards Manual, 'Nater
management plans under the Collier County Construction Standards Manual, final
subdiyisien plats under sections 10.02.01 and 10.02.05, and site development
plans under section 10.02.03, and '.vhere rcquired subdivision improvements arc
contemplated, the posting of subdivision performance security. No building
permits shall be issued prior to recordation of the final subdivision plat.
1. Integrated phased devclopments. .^.n integrated phased development, as defincd
in section 1.08.00 and which has been previously approved in accordance with
section 1 0.02.01 .^~.5., shall be exempt from the requirements, standards and
procedures for preliminary subdivision plats (section 10.02.01) and improvement
plans (section 10.02.05 E.); provided, however, nothing contained hercin shall
exempt such integrated phased development from the requirements and
procedures for design requirements for access according to the Collier County
Construction Standards Manual, water management plans according to thc Collier
County Construction Standards Manual, final subdivision plats and subdivision
performance security under sections 10.02.01 and 10.02.05, and major site
development plans under scction 10.02.03. No building permits shall be issued
prior to rccordation of the final subdivision plat. These pro';isions shall not
require that the interior aeeess within an integrated phased development be
diffcrent from the conditions in section 10.02.03 applicablc to site de~/elepmcnt
plans.
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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
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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.BA
lr.c. Underground construction; utilities, communications and similar
underground construction type activities.
e-:-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.
Eke. 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 provided by section 5.04.04.
f..& Project entryway signs, walls, gates and guardhouses.
g-;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.
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10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements.
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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.
1, 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:
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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. Such illustrations shall shovt' a typical dwelling unit moeting
required setbaele:s for a typical lot. For fee-simple residential lots, the
illustration shall portray the type of unit identified by LDC definition and
developer's description to be placed on each lot (example: Lots 1-20,
single-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 typical units on atypical
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 &
building envelope. Setbacks required by the approved zoning
classification shall be provided verbatim on the plan in matrix form.
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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 areas
and lot dimensions may be shown on a legend as opposed to a notation on
each lot. A table shall be provided showing lot area and lot width for each
irrezular lot; regular corner and interior lots may show only typical width
and area.
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4. Effect and limitation of approval of preliminary subdivision plat.
a. Precondition for impr01:ement plans and final subdivision pIs'!' Only after
approval of the preliminary subdivision plat shall the applieant be
entitled to submit to the county the improvement plans and final
subdivision plat as required by this section. No improvement plans or
final subdivision plat shall be accepted for re'/iew unless the preliminary
subdi'/ision plat has been approved and remains valid and in effect.
IT.a. 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. Relationship to site development plans. l\nything contained clsev/here in
this Code to the contrary notwithstanding, no major final or minor site
development plan may be accepted for concurrent review with a
preliminary subdivision plat, however appro'/al shall be ',vithheld until the
preliminary subdivision plat is approved except where no preliminary
subdivisian plat is requircd under a minor subdiYision. Further, no final
site development plan ('.vhether minor or final) shall be approved prior to
approval of the final plat by the board of commissioners, howc'ler, no
building permit will be issucd until the plat is recorded, except for
deyelopment amenities such as club houses, swimming pools, guard
houses and the like, upon approval of the plat by the board of county
commissioners and pursuant to submission of u site deyelopmcnt plan, or
a temporary use permit as may be permitted by 5.01.01 of this Code.
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&.-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.
f..d. 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 agreement
between the applicant and the county.
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B. Final plat requirements.
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4. Final subdivision plat submission requirements. The submittal of final plats for which no
preliminary subdivision plat is contemplated must include, apart from the final plat and/or
improvement plans, that information required for review of preliminary subdivision plats in
accordance with Section 10.02.04 A.2. For only those final plats incorporating townhouse
development on fee simple lots, the following additional information, prepared by a registered
engineer (and landscape architect for landscape plan), must be provided either separately or in
con;unction with the information required by Section 10.02.04 A.2.:
a. Landscape plans, signed and sealed, in accordance with Section 10.02.03.B.1.c
b. Zoning data as follows, prepared on maximum size sheets measuring 24 inches by 36
inches, drawn to scale:
1. A coversheet which includes:
a) The name ofthe development.
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b) The zoning district, and PUD name and ordinance number, if
applicable.
c) A legal description of the property, both prior to, and after, subdivision.
d) The name, address and phone number of the agent preparing the plat,
and the name, address, and phone number ofthe property owner.
e) A vicinity map, clearly identifying the location of the development.
11. A site plan. providing the following information in table format:
a) Total site acreage.
b) Total square footage of impervious area (including all parking areas,
drive aisles, and internal streets) and its percentage of the total site area.
c) Total number of units, units per acre, and a unit breakdown by square
footage 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 height allowed by ZOnIng district and height
proposed.
f) Zoning and land use of the sub;ect property and adjacent properties,
including properties abutting an ad;acent right-of-way or right-of-way
easement.
g) A parking summary, showing number of spaces required, and number
of spaces provided.
h) Preserve area required and provided.
i) Illustrative information (drawing) accurately depicting the following:
1) Name and alignment of existing/proposed rights-of-way of all
streets bordering the development: the location of all existing
driveways or access points of the opposite sides of all streets
bordering the development; and the location of all traffic calming
devices.
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2) Location and configuration of all development mgress and
egress points.
3) Location and arrangements of all proposed prinoipal and
accessory structures.
4) Name and alignment of existing/proposed rights-of-way for all
internal streets and alleys.
5) Directional movement of internal vehicular traffic and its
separation from pedestrian traffic.
6) Location of emergency access lanes, fire hydrants and fire lanes
7) Location of all handicapped parking spaces.
8) Location of trash enclosures or compactors, if applicable.
9) Location and proposed heights of proposed walls or fences.
10) Location of sidewalks and pathways, designed in accordance
with Section 10.02.03.B.l.i, xiii.
11) Location of sidewalk parking in accordance with Section
10.02.03.B.l.i.xv.
12) Location of all required preserves with area in square feet.
13) Any additional relevant information as may be required by the
County Manager or his designee.
5. Contents and Substance of Final Subdivision Plat. The final plat itself must shall 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
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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.
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10.02.04. C Relationship of Plats to Site Development Plans
No site development plan may be accepted for concurrent review with a preliminary
subdivision plat. Once the preliminary 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 may be approved until the final plat receives
administrative approval, and no building 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 Section 10.02.03.A.2. 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 reslJonse to the first staff review comments. Approval of the SDP will be
withheld until the final plat has received administrative approval, and no building
permits may be issued until the final plat has been recorded.
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LDC Amendment ReQuest
ORIGIN: Community Development & Environmental Services
AUTHOR: Michelle Arnold
DEPARTMENT:
Code Enforcement
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC4:77
LDC SECTION:
4.05.03 Specific Parking Requirements for Residential Uses in Mixed
Use Urban Residential Land Use
LDC SUPPLEMENT #: 1
CHANGE: Inclusion of approved stabilized surface types for designated parking areas
associated with residential use.
REASON: Approved stabilized surface types for designated parking areas associated with
residential use were omitted in the adoption of 04-41.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Last Revision Date 7/22/05
Amend the LDC 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:
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 grid
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stabilization system covered by pervious or imperviously treated surface areas
made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking
systems specifically designed designated for the parking of automobiles. The
designated parking area wffiefl 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 pervious or impervious surfaee 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 pervious or imperviousl)' treated surface
areas made of concrete, crushed stone, asphalt, pavers or turf parking systems
specifically designated for the parking of automobiles. The designated parking
area shall which may not comprise an area greater than fifty (50%) percent of any
required front yard,~ e)ccept that this shall which, nonetheless will not serve to
limit a driveway to a width te of less than twenty (20) feet,.:. tmEl-a Separate
driveway~ may be provided on each side of the two-family structureo-;-but, in no
case, shall the combined area of both driveways and any other designated parking
areas exceed fifty (50) percent of any required front va rd.
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 pervious or
imperviausly treated stabilized surface areas made of concrete, crushed stone,
asphalt, pavers or turf parking systems designated for the parking and storing of
automobiles. Pervious or imperviously treated surface aAreas designated for the
parking of automobiles shall not exceed a ratio of two and one-half (2:112)
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.
D. Where multi-family structures consist of single-family attached (i.e. row
houses) dwelling units each with its own driveway to a common access-way,
public or private street, all parking of automobiles shall be limited to the
driveway and or garage combination.
E. Automobiles parked and/or stored in connection with residential dwelling units~
as described above~ shall be owned by the occupants of the dwelling unit or units~
unless the vehicle is owned by a firm, corporation or entity for which a dwelling
unit occupant is employed. This provision shall not be construed to apply to
automobile vehicles owned by persons or business firms at the site for social or
business purposes.
F. No other portion of a front yard may be used to park or store automobiles
including that portion of the right-of-way not directly a part of the designated
driveway or designated parking areas.
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner
Landscape Amendment Review Committee
DEP ARTMENT: Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2005- Cycle 2
LDC PAGE: 4:97
LDCIUDC SECTION: LDC section 4.06.02. Table 2.4.
LDC SUPPLEMENT #: TBD
CHANGE: To clarify Type "A" and Type "B" Buffer within PUD's.
REASON: Flexibility should be allowed in Type A and Type B landscape buffers for
residential PUD'S that have lakes that occur between single family and multi-family
developments.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None.
OTHER NOTES:
Amend the LDC as follows:
4.06.02.C.l
Types 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 required trees may be clustered on common property lines to provide views.
Clustered tree plantings shall not exceed 60 feet between clusters.
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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 ad;acent to a lake,
the required plant materials may be clustered to provide views. Clustered tree plantings
shall not exceed 60 feet between clusters and the clustered hedge plantings can be
provided as a double row of shrubs that are a minimum of 30 inches in height. When the
ad;acent lake exceeds 1500 feet in width the hedge planting shall not be required.
3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot
wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees
spaced no more than 30 feet on center. Projects located within the Golden Gate
Neighborhood center district shall be exempt from the right-of-way requirement of a six-
foot wall, fence, hedge, berm or combination thereof. These projects shall provide a
meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the
25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground
covers other than grass.
4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way
external to the development project and adjacent to any primary access roads internal to a
commercial development. Said landscape buffer shall be consistent with the provisions of
the Collier County Streetscape Master Plan, which is incorporated by reference herein.
The minimum width of the perimeter landscape buffer shall vary according to the
ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way
is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in
width. Where the ultimate width of the right-of-way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width. Developments of
15 acres or more and developments within an activity center shall provide a perimeter
landscape buffer of at least 20 feet in width regardless of the width of the right-of-way.
Activity center right-of-way buffer width requirements shall not be applicable to
roadways internal to the development.
a. Trees shall be spaced no more than 30 feet on center in the landscape buffer
abutting a right-of-way or primary access road internal to a commercial
development.
b. A continuous three gallon double row hedge spaced three feet on center of at least
24 inches in height at the time of planting and attaining a minimum of three feet
height within one year shall be required in the landscape buffer where vehicular
areas are adjacent to the road right-of-way, pursuant to section 4.06.05 CA.
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c. Where a fence or wall fronts an arterial or collector road as described by the
transportation circulation element of the growth management plan, a continuous
three gallon single row hedge a minimum of 24 inches in height spaced three feet
on center, shall be planted along the right-of-way side of the fence. The required
trees shall be located on the side of the fence facing the right-of-way. Every effort
shall be made to undulate the wall and landscaping design incorporating trees,
shrubs, and ground cover into the design. It is not the intent of this requirement to
obscure from view decorative elements such as emblems, tile, molding and
wrought iron.
d. The remaining area of the required landscape buffer must contain only existing
native vegetation, grass, ground cover, or other landscape treatment. Every effort
should be made to preserve, retain and incorporate the existing native vegetation
in these areas.
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner
Landscape Amendment Review Committee
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2005- Cycle 2
LDC PAGE: 4:112
LDCfUDC SECTION: LDC section 4.06.05.1.
LDC SUPPLEMENT #: TBD
CHANGE: To require specific landscape techniques and engineering standards based on
slope conditions.
REASON: The LDC does not link slope conditions with appropriate landscape treatments and
engineering standards. The current trend in compact site development often requires the use of
steep slopes. Flexibility is needed when steep slopes are used with appropriate engineering safe
guards and landscape techniques to address health, safety, welfare, and aesthetic issues.
FISCAL & OPERATIONAL IMPACTS: There will be additional costs for the landscape and
engineering treatments required by this regulation however additional development will be
possible through the proper use of steeper slopes.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES: None.
Amend the LDC as follows:
4.06.05.
I. Landscape berms. All perimeter landscape berms over tV/O feet in height shall meet or
exceed the minimum standards as set forth herein. .^Jl grassed berms shall ha'/e side
slopes no greater than four to one. Berms planted v.ith ground co'/er and landscaping
shall have side slopes no greater than three to one. The toe of the slope shall be sct back a
minimum of five feet from the edge of all right of '.yay and property lines. EKisting native
vegetation shall be incorporated into the berms with all slopes fully stabilized and
182
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landscaped with trees, shrubs, and ground cover. Landscape berms shall not be placed
within easements '.vithout '.vritten approval from all entities claiming an interest under
said easement.
a;. Landscape berms located adjacent to Interstate 75 right of via)' (I 75). Berms located
adjacent to I 75 right ofwa)' ma)' have a maximum slope of2:1. Such berms shall be
planted \vith native ground cover over a erosion control fabric, and native trees placed
at 25 feet on center, equal in height to the height of the berm and located within a
minimum ten foot wide level planting area.
I. Treatment of Slopes: The following landscape and engineering 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.
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a. Slopes adjacent to required preserve areas shall be planted with 100% Florida native
species, shall provide swales to direct water flow away from preserves. and meet set
backs as required by section 3.05.07.H.3. of this code.
b. Perimeter water management walls shall not exceed 3 feet in height and shall be set
back from property lines a minimum of 2 feet. In addition when water management
walls are located in landscape buffers the walls shall be consistent with section
4.06.02.D of this code. All water management walls shall be landscaped to provide
80% opacity within 1 year. See Figure 4 below.
c. Water management areas with continuous vertical walls exceeding 20 feet in lengt1
and/or open vaults are prohibited.
d. Vertical Retaining Wall requirements and standards do not apply to headwalls or
bridge abutments.
e. Architectural finish requires color, texture, and materials that are in common with
those used on surrounding structures. Exposed concrete walls are prohibited.
Natural appearance requires color, texture, and materials that mimic or occur in
nature.
185
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Slope Cross-Sections 4.06.05.1.
PLANTING
AREA
LEXIST...
__ ______c:ND
PERIMETER BERM
ALTERNATIVE" 1\'
"...
.llOIE:
f"jl,CE Of' Gl.SION SHAlL BE
Pl-'NTED TO PROVIDE 80:1
OPACITl' WITHIN ONE YEAR,
If' fACE IS NOT PLANTED.
GABION SHALL BE SET ~C){
2' MIN. FROM PROPERTY UNE
PLANTlWC:
AREA
AINlliC Lrx'snNO
W1o.u. GROUND
-------- -
PERIMETER BERM
ALTERNATIVE" SOl
.,..
/PLANTING
I AA'"
PERIMETER BERM
ALTERNATIVE "e"
~,...
PLA-NTlNQ
'REA
5'
10:1 (IMX.)
5'
SLOPE
TREAT~ENT
10:1 (MAx'}
I
---------t------------
---
/. EXISTING
-L _GROUND
PERIMETER BERM
ALTERNATIVE "0"
tl,T,s.
186
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GED- TEXTILE FABRIC
J. EXISTlfJG
GROllND
- -
FIGURE # 1
N.T.S.
FIGURE #2
N."T.S.
. / E.XISTIN.G
J _ GROllND
FIGURE #3
N.T.S,
h
_jJ
RETAINING~EXISTING
WALL GROUND
-.- -
FIGURE #4 - PERIMETER
WATER MANAGEMENT WALL
N.1S.
SLOPE TREATMENTS
N.T.s:.
Slope Treatments 4.06.05.1.
187
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.. ..* ......-....-..
LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner
Landscape Amendment Review Committee
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2005- Cycle 2
LDC PAGE: 4:112
LDCIUDC SECTION: LDC section 4.06.05.C.7.
LDC SUPPLEMENT #: TBD
CHANGE: To clarify this section of the code and limit the use of synthetic (man made) turf.
REASON: The use of synthetic turf systems has detrimental impacts on the landscape.
The compacted base and synthetic cover creates impervious areas, increases heat gain,
eliminates on-site water quality treatment of storm water runoff, and has the potential to
severely increase peak flow runoff. Natural turf benefits our environment by producing
oxygen, absorbing pollutants, and recharging aquifers. Synthetic turf systems do not
provide these benefits.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES: Other communities prohibit the use of man made (synthetic) turf products
due to water management, aesthetic, and environmental issues.
Amend the LDC as follows:
4.06.0S.C.S
La';vn grass. Grassed areas shall be planted with specics normally grown in permanent lawns
common to the Collier County area. Gmssed areas may be sodded, plugged, sprigged, or seeded
provided solid sod shall be used in swales or other areas subject to erosion and provided further,
in areas wherc other than solid sod or grass seed is used, nurscgruss seed shall be SO\Yn for
188 Text underlined is new text to be added
Text strikethraugh is ellrrent text ta be deleted
immediate ground co~/erage until permanent coverage is achieved. The use of drought tolerant
species is ad~/ised.
Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use
as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs,
or seed installation methods. All water management areas and slopes steeper than 6:1 (6
horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged.
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.
189 Text underlined is new text to be added
Text strikethrauglt is eurrent text to be deleted
LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services Division
AUTHOR: David Weeks
DEPARTMENT: Comprehensive Planning
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE:
LDC4:120
LDC SECTION:
4.07.02
LDC SUPPLEMENT #: Supplement 1
CHANGE: Provide for additional circumstances where there is no minimum size requirement
for a PUD; clarify which urban fringe area is subject to no minimum PUD size requirement;
clarify PUD size requirement for portion of PUD separated by intervening street; and, define
"infill parcels" that are subject to the two acre minimum size requirement.
REASON: Some provisions in the Future Land Use Element (FLUE), Golden Gate Area
Master Plan (GGAMP), and Immokalee Area Master Plan encourage PUD zoning and/or contain
criteria that are more easily implemented through rezoning to the PUD zoning district. Some
properties that could implement these GMP provisions are less than ten acres in size. Also, the
neighborhood centers are similar to activity centers in that they allow a variety of commercial
development and mixture of uses. One PUD rezone has been approved for property less than ten
acres, located in a GGAMP neighborhood center.
The Urban Coastal Fringe Subdistrict in the FLUE specifically encourages PUD zoning;
however, the Urban Residential Fringe Subdistrict does not. There is no compelling reason to
allow PUDs less than ten acres in size within the Urban Residential Fringe Subdistrict.
There is no definition of "infill parcels" in the LDC or GMP. The proposed definition reflects
past implementation of that term via PUD rezone approvals. Most "infill" properties rezoned to
PUD utilized the Residential Infill density bonus provided in the FLUE, or were located within a
Subdistrict in the FLUE or GGAMP with the word "Infill" in the title. However, at least one
property was rezoned under neither of those scenarios but was adjacent to development on both
sides. The proposed definition does not include reference to the Residential Infill density bonus,
as deletion of that provision is included in the pending EAR (Evaluation and Appraisal Report)-
based GMP amendments.
190 Text underlined is new text to be added
Text strikethrallgh is ellrreRt text te be deleted
This section presently provides that a portion of a PUD separated by street right-of-way has a
five-acre minimum size requirement; however, it also allows an entire PUD to either have a two-
acre minimum size or no size requirement at all.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County
or the public. Petitioners pursuing PUD rezones allowed by this amendment are subject to
payment of petition fees intended to cover the costs incurred by the County for the process and
review of those petitions.
RELATED CODES OR REGULATIONS: Future Land Use Element, Golden Gate Area
Master Plan Element, and lmmokalee Area Master Plan Element of the Growth Management
Plan.
GROWTH MANAGEMENT PLAN IMP ACT: Approval of this amendment will help to
facilitate the rezone of property to implement development provisions contained in the GMP.
OTHER NOTESfVERSION DATE: This version created on July 25, 2005.
Amend the LDC as follows:
4.07.00
DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS
*
*
*
*
*
*
*
*
*
*
*
*
*
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
designated on the golden gate area master plan future land use map or lmmokalee area
master plan future land use map of the GMP, or when implementing the residential
mixed use neighborhood 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 defined in Chapter 1 and the GMP, the minimum area required
for a PUD shall be two (2) contiguous acres. For purposes of the planned unit
development district only, the term "infill parcels" shall refer to property
implementing any of the infill subdistricts identified in the future land use element or
golden gate area master plan element of the GMP, or property sharing at least two
common boundaries with parcels that are developed.
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3. For a PUD subiect to the minimum area requirement often (0) contiguous acres, the
term "contiguous" shall include properties separated by either an intervening planned
or developed public street rieht-of-way; provided, however, no portion of such
separated properties shall be less than five (5) acres. For infill parcels, the term
"contiguous" shall include properties separated by either an intervening planned or
developed public street ri2ht-of-way. For a PUD with no minimum area
requirement, as identified in section 4.07.02.A.l., that PUD may include properties
separated by either an intervening planned or developed public street ri2ht-of-way.
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Keith Scamehorn R.A. A.I.A.,Urban Design Planner
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC5:49
LDC SECTION:
5.05.08.C.13.c.i
LDC SUPPLEMENT #: Supplement 2
CHANGE: delete one word "reflective"
REASON: Misunderstanding clarification.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version was created on November 10, 2004, revised
on 080805.
Amend the LDC as follows:
5.05.08 Architectural and Site Design Standards
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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.
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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.
c. Exterior building materials. The following building finish materials are
limited to no more than 33 percent of the facade area:
i. Corrugated, or reflecti';e 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.
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Keith Scamehorn R.A. A.I.A.,Urban Design Planner
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC5:58
LDC SECTION:
5.05.08.E.2.f.
LDC SUPPLEMENT #:
CHANGE: Sidewalk width from six feet to five feet.
REASON: Match LDC 6.06.02 and ADA requirements
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version was created on November 10, 2004 and
revised on 080905.
Amend the LDC as follows:
Section 5.05.08 Architectural and Site Design Standards
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 ofthis Code.
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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.
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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
s* 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 feet "vide 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.
11. 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.
g. Pedestrian crosswalks. Standard crosswalks must be installed at stop-
controlled-crossings. Uncontrolled crossings must be high visibility
longitudinal lines as shown in the Florida Department of
Transportation Roadway and Traffic Design Standards.
h. Shade and site amenities.
1. Pedestrian pathways must provide intermittent shaded
areas when the walkway exceeds 50 linear feet in
length at a minimum ratio of one shade canopy tree
per every 50 linear feet of walkway. The required
shade trees must be located no more than ten feet
from edge of the sidewalk.
11. Development plans must include site amenities that
enhance safety and convenience and promote walking
or bicycling as an alternative means of transportation.
Site amenities may include bike racks (as required by
Section 4.05.08 of this Code), drinking fountains,
canopies and benches.
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LDC Amendment Request
ORIGIN:
Building Review & Permitting
AUTHOR: Diana Compagnone
DEPARTMENT:
Building Review & Permitting
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC5: 1 08-1 09
LDC SECTION:
Amend 5.06.04
LDC SUPPLEMENT #: Supplement 2
CHANGE: Adding specifications for pole covering and landscaping of ground signs. Also
cross referencing standards for Collier County lands sign permitted under section 2.01.02 of this
code.
REASON: Clarifying ground sign specifications.
FISCAL & OPERATIONAL IMP ACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: None
Amend the LDC as follows:
5.06.04 Sign Standards for Specific Situations
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C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nomesidentially 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.
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Additional pole or ground signs may be permitted provided that there is a
minimum of a 1,000-foot separation between such signs, and all setback
requirements are met. In no case shall the number of pole or ground signs
exceed two per street frontage.
a. Maximum allowable height. All pole or ground signs within
nonresidential zoned districts and as applicable to nonresidential
designated portions of PUD zoned properties are limited to a
maximum height of 15 feet when located along an arterial or
collector roadway and 12 feet for all other roads, except as provided
in this Code for pole or ground. Height shall be measured from the
lowest centerline grade of the nearest public or private R.O.W. or
easement to the uppermost portion of the sign structure.
b. Minimum setback. All pole or ground signs within nonresidential
zoned districts and as applicable to nonresidential designated
portions of PUD zoned properties shall not be located closer than ten
feet from the property line.
c. Maximum allowable sign area: 80 square feet for pole or ground
signs located along an arterial or collector roadway and 60 square
feet for all other roads.
d. The location of all permanent pole, ground signs shall be shown on
the landscape plans as required by section 4.06.05 H.
e. Pole signs shall provide a pole cover no less than 50 percent of the
width of the sign, with architectural design features including colors
and/or materials common to those used in the design of the building
the sign is accessory to. A minimum 100 square foot planting area
shall be provided around the base of any ground or pole sign,
consistent with the provisions of this section of this Code,
development of landscaping shall be approved by the County
consistent with Section 4.06.03 A. of the LDC.
f. Ground signs for smaller lots. Single-occupancy parcels, shopping
centers, office complexes, business parks, and industrial parks may
be issued a sign permit for one ground sign provided that the
following minimum requirements are met, as applicable:
i. For those lots or parcels with public road frontage of no less
than 100 feet, but up to 149.9 feet, or a combined public
street frontage of no less than 150 feet but less than 219.9 feet
for corner lots or parcels:
a) No portion of the ground sign may be located closer
than 10 feet from any property line;
b) A planting area of no less than 100 square feet shall
be provided around the base of the ground sign;
c) The ground sign's architectural design, construction,
and color shall include features common to those used
in the design of the building where the corresponding
business requesting the sign is accessory to;
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d) The ground sign may be double-sided but cannot be
placed in a V -shape, and must display identical copy
on both faces;
e) Any illumination of the sign must be non-revolving
and shine away from any right-or-way, and shall
require an electrical permit.
t) The street address for the business(es) shall be
displayed in numerals at least 8 inches high on all
faces of the sign and must be located so as to not be
covered by landscaping or other impediments; and
g) No other free-standing signs will be allowed on the
same lot or parcel.
ii. In addition, for those lots or parcels with frontage of 121 to
149.9 feet, or a combined public street frontage of no less
than 150 feet for corner lots or parcels but less than 219.9
feet:
a) The ground sign shall be limited to 8 feet in height, as
measured from the lowest centerline grade of the
nearest public road to the uppermost portion of the
sign structure regardless of the roadway classification;
and
b) The maximum allowable sign area is 32 square feet
iii. In addition, for those lots or parcels with frontage of 100 to
120.9 feet:
a) The ground sign shall be limited to 6 feet in height, as
measured from the lowest centerline grade of the
nearest public road to the uppermost portion of the
sign structure regardless of the roadway classification;
and
The maximum allowable sign area is 16 square feet.
2:. Ground signs shall provide a pole cover no less than 50 percent of
the width of the sign, with architectural design features including
colors and/or materials common to those used in the design of the
building to which the sign is appurtenant. A minimum 100 square
foot planting area shall be provided around the base of any ground or
pole sign, consistent with the provisions of this section of this Code.
Development of sign planting area landscaping shall be pursuant to
Section 4.06.03 A. of this Code.
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11. Conservation Collier signs. In addition to other signs allowed by this code. lands
acquired for the Conservation Collier Program shall be allowed to have one
ground sign having a maximum height of 8 feet and a maximum sign area of 32
square feet to identify the main preserve entrance. This sign shall require a permit
and shall be allowed if there is no principle structure on the property.
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t-h--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.
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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 building permit
or until the issuance of a permit for the permanent sign, whichever
occurs first. A temporary use permit will not be issued until a
building permit for the principal 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.
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LDC Amendment Reauest
ORIGIN: CDES/Transportation Staff
AUTHOR: Russ Muller, Nick CasaIanguida & Patrick White
DEPARTMENT: CDES Transportation Engineering Review-Transportation Plarming
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE:
LDC6:25
LDC SECTION:
6.06.03
LDC SUPPLEMENT #: Supplement 1
CHANGE Add requirement for full cut-off lighting fixtures, remove footcandle
reference for internal intersections and clarify entry lighting measurements
REASON: Full cut-off fixtures are proposed to be added to reduce glare and sky glow
concerns. Other changes are to clarify industry standard lighting measurements, specifically
provide for regulations at access/entry points to developments.
FISCAL & OPERATIONAL IMPACTS: The proper use of roadway lighting as an
operative tool provides economic and social benefits to the public including:
1. Reduction in number and severity of night-time accidents, attendant human misery,
and economic loss
2. Aid to police protection and security.
3. Facilitate traffic flow.
4. Promote business and public facilities during night hours
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version created on July 1,2005.
Amend the LDC 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 exceed 100 feet
and at the end of each cul-de-sac:, and may be required at intervals along each
street. Such lights may be required on interior streets, alleys, boundary streets,
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aeeess paths and the like. The IES standards for this street lighting are.,. EPer
IESNA RP 8.00hexcept as below:
1. /... minimum of 1.1 foot candles at the center of each internal project
intersection is required.
2. /.. minimum of 1.1 foot candles along internal roadv..:ays is recommended
but not required.
B. At the entry/exit of any subdivision located on a public County 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 the centerline of the entrance road and a minimum of right of way line,
the illumination level shall be a minimum of 3.5 foot candles. A full
cutoff fixture is required on both sides of each entry or exit outside of the
intersecting public right-of-way.
C. All light levels shall be measured at a minimum of approximately four (1) feet
above the pavement on a moonless night. All sidewalks not directly lighted by
street lighting that interconnect developments must be lighted to pedestrian level
standards per IESNA RP-8-00.
D. Wherever, in the opinion of the County Manager or designee, based on an
engineer's determination, a dangerous condition is created by sharp curves,
irregularities in street alignment, or other similar circumstances, additional lights
may be required.
E. Streetlights and mounting poles shall be wired for underground service. All
conduits and casing to be placed under the roadway required for the lights must be
installed during each construction phase prior to roadway subbase completion.
F. Streetlights shall be designed and installed in either of two (2) ways:
1. Where streetlights are to be installed on private streets, the developer,
through an electrical engineer registered in the State of Florida, shall
design and install the street lighting system subject to the approval of the
County Manager or designee. Upon completion of the streetlights, they
shall be owned, operated, and maintained by the property owners'
association, a condominium association, cooperative association, or other
similar entity, or the public utility furnishing the electric service.
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2. Where the streetlights are to be installed on public streets, the developer
may elect to initiate a municipal services benefit or taxing unit in
coordination with the County Manager or designee in order to provide
street lighting. If the municipal services benefit or taxing unit is approved
by the BCC, the County Manager or designee shall authorize the public
utility to design, install, and maintain the street lighting system at no cost
to the County's general fund. If no municipal services benefit or taxing
unit is created for public streets, the provision of this section shall govern
the design, construction, and maintenance of streetlights.
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LDC Amendment Request
ORIGIN: BCC Directed
AUTHOR: Marjorie M. Student-Stirling
DEPARTMENT:
County Attorney's Office
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC9:11
LDC SECTION:
9.04.02
LDC SUPPLEMENT #: Supplement 1
CHANGE: Establishing a variance to allow some removal of/impacts to protected
mangrove stands in Plantation Island Subdivision Units One Two and Three to allow
limited development pursuant to Agreement {s 380..032(3)} between the BCC and the
Florida Department of Community Affairs.
REASON: To avoid a takings claim.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Section 9.04.00
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: June 15,2005
Amend the LDC 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, regardless of predevelopment vegetation,
on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation
Island Unit Three Subdivision (unrecorded.)
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B. Variances for site alterations, regardless of predevelopment vegetation, on
lots within the Plantation Island Unit One, Unit Two and Unit Three
subdivisions (umecorded).
1. Pursuant to the & 380.032(3) Agreement between the Board of
County Commissioners and the Department of Community Affairs
dated April 26, 2005, regarding Plantation Island Subdivision
within the Big 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,
including dredging and filling, of up to 2,500 square feet,
regardless of predevelopment vegetation, on a group of adiacent
lots under common ownership, including on a single 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, Range 29 East, in Collier County, Florida utilizing the
procedure as set forth in Section 9.04.03 of the Land Development
Code and where the proposed development is designed consistent
with Big Cypress Critical Area regulations to have a minimum
adverse impact on the critical area's water storage capacity, surface
water and estuarine fisheries as authorized by Rule 28-25.011,
Florida Administrative Code.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Barbara Burgeson and Susan Mason
DEPARTMENT: Environmental Services
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDCI0:89
LDC SECTION:
10.02.06 D
LDC SUPPLEMENT #: Supplement 1
CHANGE: Change from 10 to 25 years the time required for rezoning after clearing for
agricultural use without requiring recreation of native vegetation to make consistent with the
GMP.
REASON: To have this Section of the LDC consistent with the GMP
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Growth Management Plan.
GROWTH MANAGEMENT PLAN IMP ACT: This change makes the LDC consistent with
the GMP.
OTHER NOTESNERSION DATE:
Amend the LDC 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 D.1.f. of this Code.
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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:
1. If an ST or ACSC-ST overlay is attached to the zoning of the
property, an ST development permit has been issued by the
County Manager or his designee. The ST or ACSC-ST permit
review shall be in accordance with Collier County Land
development Code Chapter 2, section 2.03.07 and may be
simultaneously reviewed with the agricultural clearing permit
application.
11. The application, including generalized vegetation inventory and
clearing plan as outlined in section 10.02.06 C.2.a. and site
visit (if required) confirm that the proposed use is consistent
with the requirement of the zoning district as a bona fide
agricultural use and the applicant has been informed of the
rezoning restriction which granting the permit shall place on
his property.
111. The applicant has obtained and produced a copy of the South
Florida Water Management District (SFWMD) consumptive
water use permit or exemption, if required by SFWMD.
IV. The applicant has obtained and produced a copy of the South
Florida Water Management District surface water management
permit or exemption, if required by SFWMD.
v. The applicant has obtained and produced a copy of the United
States Army Corps of Engineers (ACOE) permit or exemption,
if required by the ACOE.
VI. The applicant has submitted data relating to wetland impacts
and protected wildlife species habitat subject to Collier County
growth management plan, conservation and coastal
management element policies 6.2.9, 6.2.10 and objective 7.3
and associated policies and Collier County Land Development
Code section 3.04.00. This data will be required only when the
county's on-site inspection indicates that there are potential or
actual impacts to wetlands and to protected federally and state
listed wildlife habitat.
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Vll. The property owner, or ~dzed 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 tefl-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.
V111. 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 teE: twenty-
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 tefl twenty-five years, the
converted land shall be restored with native vegetation to the
degree required by this Code.
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LDC Amendment Request
ORIGIN: Comprehensive Planning
AUTHOR: David Weeks
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDClO:135
LDC SECTION:
10.02.13
LDC SUPPLEMENT #: Supplement 1
CHANGE: Correcting incorrect cite from re-codification.
REASON: Above
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: N/A
GROWTH MANAGEMENT PLAN IMP ACT: N/ A
OTHER NOTESNERSION DATE: June 15,2005
Amend the LDC as follows:
10.02.13
Planned Unit Development (PUD) Procedures
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E. Changes and amendments
1. Substantial/insubstantial changes. Any substantial change(s) 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 change(s) 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:
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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-. .l.1.
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LDC Amendment Request
ORIGIN: Board directed
AUTHOR: C. Fabacher
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE #: Cycle 2, 2005
LDC PAGE: LDC10:114
LDC SECTION: LDC Section 10.03.05
LDC SUPPLEMENT #: Supplement 1
CHANGE: Extend the area of required public notification to property owners in areas not
designated as urban on the Future Land Use Map (PLUM) from 1,000 linear feet to 1,500 linear
feet for PUD rezoning extension, rezoning and conditional use applications for subject properties
located outside of areas designates as urban on the FLUM.
REASON: To increase the distance for required public notification for subject properties that
are located within lands not designated urban on the FLUM. This particularly applies to areas
designated estates and rural areas where, due to lot sizes that range from 5 acres to 2.5 acres to
1.1 acres, the current 1,000 linear foot range generates less property owners than could be
desired.
FISCAL & OPERATIONAL IMPACTS: Dependent upon the location of property not
designated urban on the FLUM in relation to areas designated, the list of property owners to be
notified can be quite extensive. This will significantly increase staff time devoted to this process;
however, applicants responsible for mailing out notification letters could see a significant
increase in postage fees and County fees for providing names and addresses of property owners
within the notification range as plotted on the GIS system from the Property Assessor's database.
RELATED CODES OR REGULATIONS: 10.03.05 A., B., D., E., and F. for rezonings, PUD
rezoning extensions and conditional uses. This would not apply to variance
petitions/applications; therefore, separate provisions need to be created to pull variance
notification requirements out of the notification requirements for rezonings, PUD rezoning
extensions and conditional uses.
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: July 25,2005, August 16,2005, August 24, 2005.
212 Text underlined is new text to be added
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Amend the LDC 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
A. Notice and public hearing where proposed amendment would not change zoning
classification of land. Ordinances or resolutions initiated by the board of county
commissioners or its designee which do not actually change the official zoning
atlas (the zoning designation applicable to a piece of property) but do affect the
use of land, including, but not limited to, land development regulations as defined
in F.S. S 163.3202, regardless of the percentage of the total land area of the county
actually affected, shall be enacted or amended pursuant to the following public
notice and hearing requirements by the planning commission and the board of
county commissioners:
1. The planning commission shall hold one advertised public hearing on the
proposed ordinance or resolution. No request for establishment or
amendment of a regulation that affects the use of land may be considered
by the planning commission until such time as notice of a public hearing
on the proposed amendment has been given to the citizens of Collier
County by publication of a notice of the hearing in a newspaper of general
circulation in the county, at least 15 days in advance of the public hearing.
2. The board of county commissioners shall hold at least one advertised
public hearings on the proposed ordinance or resolution. The regular
enactment procedure for such ordinance or resolution shall be as follows:
The board of county commissioners at any regular or special meeting may
enact or amend the ordinance or resolution if notice of intent to same is
given at least 10 days prior to said meeting by publication in a newspaper
of general circulation in the county. A copy of such notice shall be kept
available for public inspection during regular business hours of the office
of clerk to the board of county commissioners. The notice of proposed
enactment shall state the date, time and place of the meeting, the title of
the proposed ordinance or resolution, and the place or places within the
county where such proposed ordinance or resolution may be inspected by
the public. The notice shall also advise that interested parties may appear
at the meeting and be heard with respect to the proposed ordinance or
resolution.
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
213 Text underlined is new text to be added
Text strikethrough is current text to be deleted
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 twice. The first notice shall be sent no less than 30 days after
the receipt of a sufficient application by the county manager or designee.
The second notice shall be sent at least 15 days in advance of the hearing.
Both notices 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 boundaries of the entire ownership or PUD, except that
notice 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.
9. For subject properties located within areas of the future land use element
of the growth management plan that are not designated urban, all of the
foregoing notice requirements apply, except that written notification must
be sent to all property owners within 1,000 linear feet of 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 formally
requested the county to be notified.
10. For subiect properties not designated urban on the future land use map of
the growth management plan, all of the foregoing provisions and notice
requirements apply, except that written notification must be sent: to all
property owners whose land lies within a 1,500 linear foot radius of the
boundaries of the subiect 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 formally requested the county to be notified.
MIL Notice of the time and place of the public hearing by the board of county
commissioners shall be advertised in a newspaper of general circulation in
the county at least one time at least 15 days prior to the public hearing.
H12. The clerk to the board of county commissioners shall notify by mail each
real property owner whose land is subject to rezoning, or PUD
214 Text underlined is new text to be added
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amendment, and whose address is known by reference to the latest ad
valorem tax records. The notice shall state the substance of the proposed
ordinance or resolution. Such notice shall be given at least 15 days prior to
the date set for the public hearing, and a copy of such notices shall be kept
available for public inspection during the regular business hours of the
clerk to the board of county commissioners.
1213. The board of county commissioners shall hold one advertised public
hearing on the proposed ordinance or resolution and may, upon the
conclusion of the hearing, immediately adopt the ordinance or resolution.
215 Text underlined is new text to be added
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Catherine Fabacher, Principal Planner, LDC
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE:
LDC10:l40
LDCIUDC SECTION:
10.03.05 B.8.
LDC SUPPLEMENT #:
Supplement 1
CHANGE: Change the time of the required notices to be mailed by the Department of Zoning
& Land Development Review to property owners within 500 feet of subject property "no less
than 21 days after receipt of a sufficient application" to "no less than 15 days after receipt after
receipt of a sufficient application."
REASON: The 21 day notice must often be mailed out prior to the publication of the legal
advertisement in a newspaper of general circulation. Frequently, times and dates of meeting,
agendas and notifications change between the mailing of notices and publication of the legal
notice in the newspaper. To eliminate inconsistency between notices letters and legal ads, the
required notification period for mail outs from the County is being changed to "no less than 15
days after receipt of sufficient application." In practice, the old 15 day notices were generally
sent out 18 days after receipt.
FISCAL & OPERATIONAL IMPACTS: Implementation would eliminate notification errors
to property owners and inconsistency between the notice letter and legal notice published in the
paper
RELATED CODES OR REGULATIONS: LDC Sections 10.03.05 E. (Public Participation
requirements for rezonings, PUD amendments, conditional uses, variances and parking
exemptions)
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE:
4:43 p.m.
This version was created on September 23, 2005 at
216 Text underlined is new text to be added
Text stril(ethrough is curreRt text to be deleted
Amend the LDC 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
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*
*
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*
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.
*
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*
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 U 12 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 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.
217 Text underlined is new text to be added
Text strillethroHgh is CHrrent text to be deleted
LDC Amendment Request
ORIGIN: Staff Request
AUTHOR: Ray Bellows
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC10:175
LDC SECTION:
Section 10.08.00 Conditional Use Procedures
LDC SUPPLEMENT #: Supplement 1
CHANGE: Require notice of closed status of application for a conditional use by certified mail.
REASON: Clarification of the notification process.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: July 20, 2005
Amend the LDC 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, by certified mail, return receipt requested:
however, failure to notify by the county shall not eliminate the "closed" status of a
218 Text underlined is new text to be added
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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.
219 Text underlined is new text to be added
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NDUM
CommunityDevi!lopment&..Environmental Services Divisioll
. DepartmentofZoni1l8 anti. Land Development Review .
To:
Collier County Staff & LDC Participants
Catherine Fabacher, LDC Coordinator
From:
Date:
Subject:
January 30, 2006
LDC Amendment Requests 2005 Cycle 2 For the
BCC LDC Meeting Scheduled for February 8, 2006
At 5:05 pm in the BCC Chambers
Attached for your review, please find the referenced LDC Amendments for 2005 Cycle 2.
For your convenience, this packet is divided into two sections by a large manila tab. The first
section contains those amendments that were heard for the first time at the January 11, 2006 BCC
LDC meeting. The Board may vote upon these items at the February 8 meeting (with 2
exceptions: Golden Gate Parkway Downtown Commercial Overlay and clam nurseries as a
permitted use in the Goodland Overlay).
The second section of this packet contains LDC amendments that will be heard for the first time
by the Board on February 8, but cannot be voted upon until the second hearing. The second
hearing is scheduled as an agenda item for the Board's regular meeting on February 28,2006.
LDC 2005 Cycle 2 contains amendments to the following Code sections:
Sections:
1.04.04, 1.08.01 and 1.08.02 DEFINITIONS
Sections:
2.01.00,2.01.03,2.04.03 and 2.03.07 OVERLAYS
Sections:
4.01.03,4.02.03,4.02.14,4.02.16-21,4.02.35-36, 4.03.02, 4.03.03,
4.05.03, and 4.07.02 and 4.06.05 LANDSCAPING
Sections:
5.05.08,5.06.04
Section: 6.06.03
Section: 9.04.02; and
Sections:
10.02.01, 10.02.02, 10.02.03, 10.02.04, 10.02.06,
10.02.07, 10.08.00 and
10.05.05 PUBLIC NOTICE REQUIREMENTS
If you have any questions or need further information, please call me at 403-2322 or email
catherinefabacher(2V,colliergov.net.
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LDC Amendment Request
ORIGIN: Transportation Department
AUTHOR: Patrick G. White
DEPARTMENT: County Attorney's Office
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE: LDCl:5-6
LDC SECTION(S): 1.04.04
LDC SUPPLEMENT #: Supplement 1
CHANGE: To expand the scope of existing regulations for legally nonconforming properties
created through acquisition of property for public use through dedication, condemnation and the
like.
REASON: When the County acquires portions of a lot or parcel for public use, usually for
rights of way, the owner argues that the County must then pay additional money for the costs of
bringing that property into compliance with the Land Development Code.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: Created on October 13, 2005 by P. White
Amend the LDC 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.
B. Minimum standards~ non-conformities created by public acquisition
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L All lots or yards created after the effective date of this Code must comply with the
requirements then established by this Code. .
2. No lot, even though it may consist of one or more abutting lots of record, or yard,
existing at the effective date of this Code or lawfully existing on the effective date of
applicable amendments to this Code shall thereafter be reduced in its degree of
compliance, including its size, dimension, or area, below the minimum requirements
then set forth in this code, except by reason of a portion thereof being acquired for
public use in any manner, including dedication, condemnation, purchase, and the like.
a. Required yards on improved lots , lot area, lot coverage on improved lots, and
lot dimensions rendered non-conforming or more legally non-conforming as a
result of being 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 (10') feet in depth. Accordinglv. the resulting degree of non-
conformity 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
remaining lot or yard is recreated, typically 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 conforming lot
otherwise qualifying for a lot split or lot line adiustment pursuant to Sec.
10.02.02. B.8: 10.02.02. B.12,l.04.04 or 9.03.03.A.5 may be denied such
approval solely on the grounds that the resulting lot or lots would be less than
the required minimum area for such lot(s) in the applicable zoning district as a
result of acquisition.
b. Other existing site related legal non-conformities, including those rendered
more nonconforming 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,
storm-water management, landscaping or buffers, preserves, on- or off-site
parking, architectural design standards, etc., will be deemed legally non _
conforming, and all such resulting non-conformities may be allowed to remain
so non-conforming, unless or until the remaining lot or yard is subsequently re-
created or re-developed, at which time such site related non-conformities and
development must comply with the then existing requirements ofthis Code.
c. In those circumstances where acquisition for public use of a portion of a lot or
yard would result in one or more non-conformities that would require approval
of a development order or permit in order to implement the terms of the
acquisition, i.e., in order to cure or remedy the effect of an acquisition, (e.g., an
SDP or building permit required to relocate a prior existing building), the
county manager, or designee. is authorized to approve such development order
or permit so long as any prior existing legal non-conformity of the type set
forth in b. above would not be increased.
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C. Other than provided for immediately above. required off-street parking shall not be reduced
in area or changed to any other use unless the permitted or permissible use that it serves is
discontinued or modified. or equivalent required off-street parking is provided meeting the
requirements of this LDC.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: C. Fabacher
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC1:20
LDC SECTION:
1.08.02 Definitions
LDC SUPPLEMENT #: Supplement 1
CHANGE: Supplement definition of Floor Area Ration (FAR) to exclude parking areas within
the building from calculation of FAR.
REASON: This exclusion was part of the LDC prior to re-codification; however, the
exclusion of interior building parking area from calculation of FAR was omitted during the re-
codification process.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Existing definition of FAR
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: June 6, 2005 - initial
Amend the LDC as follows:
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 grOSS floor area of a building clearly designed for a parking
facility shall not be included in the floor area ratio calculation.
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LDC Amendment Request
ORIGIN: Zoning & Land Development Review
AUTHOR: Carolina Valera
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC
LDC SECTION:
Section 1.08.02 and 2.04.03
LDC SUPPLEMENT #: Supplement 1
CHANGE: Amending the conditional uses in the Rural Agricultural District "A" to add
Sporting and Recreational Camps (SIC 7032) that was omitted (LDC Section 2.2.2.3.20) during
re-codification.
REASON: Prior to re-codification, the LDC allowed Sporting and Recreational Camps (LDC
Section 2.2.2.3.20) as a conditional use in the Rural Agricultural District A.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Table of Conditional and Accessory Uses in Base
Zoning Districts in 2.04.03
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: July 20, 2005
Amend the LDC as follows:
1.08.02 Definitions
Sporting and recreational camps: A facility, public or private, which may offer permanent or
temporary shelters such as cabins or tents and is primarily engaged in providing camping,
sporting or other recreational activities. Examples of sporting and recreational camps shall
include boys' and girls' camps. hunting camps, fishing camps, or summer camps.
2.04.03 Table of Land Uses in Each Zoning District
Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or
Conditional Uses
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2.04.03 Table 2. Land Uses that May be Allowable in each
Zoning District as Accessory Uses or Conditional Uses.
C=conditional use I
A =accessory use
~ ...... "'l <") ":l- .,.,
ACCESSORY 0 \..) ~ Lt:l k, Lt, k, k, k,
AND v CJ ~ ~ ~ ~ ~
CONDITIONAL v
USES [;J
Soup kitchens
Sporting and
recreational 7032 ~
camps
Sports
instructional C
camps or
schools
Staged
entertainment
facility
Stone, clay, 3211,
glass and 3229,
concrete 3241,
products 3274
3291-
3299
Swimming
pools - public
Storage,
enclosed
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LDC Amendment Request
ORIGIN: Z&LDR Staff Request
AUTHOR: CAP & RG
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC1:25
LDC SECTION:
Section 1.08.02
LDC SUPPLEMENT #: Supplement 1
CHANGE: Not carried over from old code. Re-inserted in original form.
REASON: Omitted during Re-codification.
FISCAL & OPERATIONAL IMP ACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMP ACT:
OTHER NOTESNERSION DATE:
Amend the LDC as follows:
Section 1.08.02 Definitions:
Restaurant, drive-throur!h: A fast food facility with one or more drive-through lanes where food
is ordered through a speaker phone and a menu board located in the drive-through lane. This
type of facility has no indoor seating or food ordering but may have walk-up windows and/or
outdoor seating.
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 building, outside the building
but on the same premises, or off the premises and having any combination of two or more of the
following characteristics:
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a. A limited menu, usually posted on a sign 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.
Restaurant. sit-down: A restaurant where food is ordered from a menu normally 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 facility with one or more walk-up windows. This type of
facility has no indoor eating or drive-through windows, but may have outdoor seating.
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LDC Amendment Request
ORIGIN: Building Review & Permitting
AUTHOR: D. Compagnone
DEP ARTMENT:
Building Review & Permitting
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDCl:26-29
LDC SECTION:
1.08.02
LDC SUPPLEMENT #: Supplement 2
CHANGE: Inserting sign definitions into Definition Section.
REASON: Left out during re-codification and are still very much needed in the regulation of
slgnage.
FISCAL & OPERATIONAL IMP ACTS: Lessen staff time, when reviewers do not have to
explain what is and is not meant by a certain type of sign, then can point to definition in the
Code.
RELATED CODES OR REGULATIONS: 5.06.00 Sign Requirements
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: August 9, 2005
Amend the LDC as follows:
Section 1.08.02 Definitions
Sign. abandoned: Any sign or sign structure expressly installed for the purpose of affixing a
sign which bears no sign or copy for 90 consecutive days or more; or for a period of 90
consecutive days or more, displays information which incorrectly identifies the business, owner,
lessor, or principal activity conducted on the site; or which through lack of maintenance,
becomes illegible or nearly so; or is in a state of disrepair. Signs displaying an "available for
lease" or similar message or partially obliterated faces which do not identify a particular product,
service, or facility, shall be deemed abandoned. (See section 5.06.00.)
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Sign, activated: Any sign which contains or uses for illumination any light, lighting device,
or light which change color, flash, or alternate: or change appearance of said sign or any part
thereof automatically: any sign which contains moving parts as part of its normal operation, such
as rotating signs, shall be considered an activated sign. (See section 5.06.00.)
Sign, advertising: A sign directing attention to a business, commodity, service, or
entertainment conducted, sold or offered, either on-premises or off-premises. (See section
5.06.00.)
Sizn. alterations: Any substantial improvement to a sign, but shall not include routine
maintenance, painting or change of copy of an existing sign. (See section 5.06.00.)
Sign, animated: Any sign which included action, motion, or the optical illusion of action or
motion. or color changes of all or any part of the sign facing, requiring electrical energy, or set in
motion by movement of the atmosphere. (See section 5.06.00.)
Sign, area: The area of a sign is the entire area within the periphery of a regular geometric
form or combination of regular geometric forms comprising all of the display area of the sign and
including all the elements of the matter displayed. The sign area shall include the aggregate sign
area upon which the coPy is placed and all parts of the sign structure that bear advertising matter
or are constructed in such a manner as to draw attention to the matter advertised. Signs consisting
of detached letters shall also be measured as defined above. (See section 5.06.00.)
Sign, awning (aka canopy sizn or marquee sizn): A sign suspended from or forming part of a
shelter supported partially or entirely for the exterior wall of a building or structure. (See section
5.06.00.)
Sign. banner: A temporary sign such as used to announce open houses, grand openmgs or
special announcements. (See section 5.06.00.)
Sign, billboard: Any sign structure advertising an establishment. merchandise, service, or
entertainment, which is not sold, produced. manufactured, or furnished at the property on which
the sign is located. (See section 5.06.00.)
Sign, bulk permit:
A permit issued for any number of political signs. (See section 5.06.00.)
Sign. bulletin board: A board for posting notices such as those found at a school. church or
other civic organization. (See section 5.06.00.)
Sizn, canopy: (See Awning. sizn.)
Sizn, chanzeable copy: Any permanently enframed sign illuminated or not which is
principally devoted to and designed for changeable text and graphics. including electronically
controlled public service, time, temperature, and date signs, message centers, or reader boards.
(See section 5.06.00.)
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Sign. Construction sign: A sign erected at a building site that displays the name of the
proiect and identifies the owner, architect, engineer, general contractor. financial institutions
and other firms involved with the design or construction of the proiect.
Sign, copv: The letters, text. or other graphics which compose the message displayed upon the
sign surface area. (See section 5.06.00.)
Sign. directional: An on-premises sign giving direction, instructions. or facility information
such as parking or entrance or exit signs, and which may contain the name. logo, service or
activity of an establishment. (See section 5.06.00.)
Sizn, directorv: An on-premises sign of permanent character indicating 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 sign is maintained. This sign may be a freestanding
(pole, monument or ground). awning. or wall sign as otherwise permitted by this code. Such
signs may have changeable copy. (See section 5.06.00.)
Sign, double-faced: A sign having two. display surfaces, displaying the same copy on both
faces, which are parallel and back-to-back and not more than 24 inches apart. Double-faced signs
shall be measured by only one side if both sides are advertising the same business, commodity, or
service. (See section 5.06.00.)
Sign, electric: Any sign containing electric wiring. but not including signs illuminated by
exterior light sources, such as floodlights. (See section 5.06.00.)
Sign, entrance or gate (a/k/a subdivision sign): Any community entry sign which is
designed to identify a subdivision or nei~hborhood. including but not limited to industrial and
commercial parks. multifamily proiects. and single-family residential development. (See section
5.06.00.)
Sign face: The area, display surface, or part of assign on which the copy of message is
placed. (See section 5.06.00.)
Sign, flashing: A flashing sign is an activated sign on which any electric lighting by any
device is either alternated on and off or raised and lowered in brightness or intensity. (See section
5.06.00.)
Sizn. freestandinz: (See Pole sign.) (See section 5.06.00.)
Sign. ground (aka monument sign): A sign, eight (8) ft. m height or lower which is
independent of support from any building. that is mounted on freestanding poles or other
supports, and shall include a pole cover that is between fifty (50) percent and one hundred (00)
percent of the overall sign width.
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Sign, Holidav decoration: An ornate embellishment placed specifically for the purpose of
celebrating a specific holiday, holiday event or holiday season.
Sizn. identification: A sign which contains no advertising but is limited to the name, address.
and number of a building, institution, or person and the activity carried on in the building.
institution, or the occupation of the person. (See section 5.06.00.)
Sign, illuminated: An illuminated sign is on which either: (a) provides artificial light through
exposed bulbs, lamps, or luminous tubes on the sign surface; (b) emits light through transparent
or translucent material from a source within the sign; or (c) reflects light from a source
intentionally directed upon it. (See section 5.06.00.)
Sizn, inflatable: Any obiect made of plastic, vinyl. or other similar material that. when
inflated with gas or air, represents, advertises. or otherwise draws attention to a products, service,
or activity. (See section 5.06.00.)
Sizn. mansard: Any sign which is attached to a mansard-style roof with the face parallel to
the structure to which it is attached and which does not proiect more than 18 inches from such
structure, or above the roofline. Mansard signs shall be considered wall signs. (See section
5.06.00.)
Sign, marquee: (See Awninz sign.) (See section 5.06.00.)
Sign, monument: A detached sign typically containing design elements such as a base
columns, borders, toppers or caps, and a sign cabinet occupying at least two-thirds of the total
sign area. (See ground sign)
Sign, nonconforminz: Any sign or advertising structure lawfully in existence with Collier County
on the effective date of this Code, which by its height, area, location, use or structural support
does not conform to the requirements of this Code. This definition shall not be construed to
include signs specifically prohibited by this Code. (See section 5.06.00.)
Sign, off-oremises: (See Billboard.) (See section 5.06.00.)
Sign, on-premises: A sign containing copy relating only to the principal legally licensed
business. proiect, service or activity conducted or sold on the same premises as that on which the
sign is 10cated.(See section 5.06.00.)
Sizn, outdoor advertising:
(See Billboard.) (Sees 5.06.00.)
Sign, Pennant: A piece of fabric or material which tapers to a point or swallow tail, which is
attached to a string or wire, either singularly or in series.
Sign. oermanent: A sign which is affixed to a building or the ground in such a manner as to
be immobile(See section 5.06.00.)
Sign, vole: A sign, eight (8) or more ft. in height which is independent of support from any
building, that is mounted on freestanding poles or other supports, and shall include a pole cover
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that is between fifty (50) percent and one hundred (00) percent of the overall sign width. (See
section 5.06.00.)
Sign. political: Any sign which states the name and/or picture of an individual seeking
election, or appointment. to a public office, or pertaining to a forthcoming public election, or
referendum pertaining to or advocating political views or policies. (See section 5.06.00.)
Sign, portable: Any sign which is designed to be transported, including by trailer or on its
own wheels, even though the wheels of such signs may be removed and the remaining chassis or
support constructed without wheels is converted to an A or T frame sign, or attached temporarily
or permanently to the ground since this characteristic is based on the design of such sign. It is
characteristic of such a portable sign that the space provided for advertising matter consists of a
changeable coPy sign. (See section 5.06.00.)
Sign.vro;ecting: Any sign which is attached to, and which projects, more than 18 inches
from the outside wall of any building or structure, excluding wall, marquee, and canopy signs.
(See section 5.06.00.)
Sign, Project Identification Sign: Shall mean a sign which provides identification or
recognition of a development only, individual tenants or outparcels are not permitted to use this
type of signage. (See section 5.06.00.)
Sign. public service: Any sign intended to promote primarily a public purpose including items
of general interest to the community welfare. It may also refer to a sign designed to render a
public service such as, but not limited to, time and temperature signs. (See section 5.06.00.)
Sign, real estate: A sign which advertises the sale, lease, rental, or development of the
property upon which it is located. (See section 5.06.00.)
Sign, residential identification: A sign intended to identify a residential subdivision or
other development. (See section 5.06.00.)
Sign. revolving (a/Ida rotating sign): Any sign so erected or constructed as to periodically or
continuously change the direction toward which any plane containing the display surface are is
oriented. (See section 5.06.00.)
Sign, roof' Any sign erected, constructed, or maintained either on the roof, or more than 18
inches above the roof of any building. (See section 5.06.00.)
Sifm. safety: A sign used only for the purpose of identifying and warning of danger, or potential
hazards. (See section 5.06.00.)
Sign, snive: A sign made of any material and attached to a utility pole, tree, fence post, stake,
stick, mailbox, or any similar obiect. (See section 5.06.00.)
Sir!n, special puroose: Directional, safety, and other SignS of a noncommercial nature. (See
section 5.06.00.)
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Sign structure: Any structure which supports or is capable of supporting any sign. Said
definition shall not include a building to which a sign is attached. (See section 5.06.00.)
Sign. temporary: A sign intended to advertise community or civic proiects, construction
proiects. or other special events on a temporary basis. for a designated period of time. (See
section 5.06.00.)Sizn. U-pic: A sign describing a farm where the customer picks or purchases the
produce directly from the premises on which they are grown or produced. (See section 5.06.00.)
Sign, V-shaped: Two single-face freestanding signs that are constructed in the form of a
"V" when viewed from above. provided the internal angle at the apex is not more than 90
degrees, and the two faces are not separated by more than six inches at the apex and displaying
the same copy on both faces. (See section 5.06.00.)
Sign. vehicle: Any sign affixed to a vehicle other than a license plate, or other identification
required for access to restricted parking areas, a registered logo, trademark, or service mark. (See
section 5.06.00.)
Sign. wall. fascia or parapet: A sign affixed in a manner to any exterior wall of a building or
structure, and which is parallel to and proiects not more than 18 inches form the building or
structure wall, and which does not extend more than 18 inches above the roof line of the main
building or from the point wher~e the roof line intersects the parapet wall on which the sign is
located, whichever is more restrictive. (See section 5.06.00.)
Sign. wind: Any sign or display including. but not limited to, flags, balloons, banners.
streamers. and rotating devices, fastened in such a manner to move upon being subiect to
pressure by wind or breeze. but shall not include official flags. emblems, insignia. or pennants of
any religious, educational. national. state. or political subdivision. (See section 5.06.00.)
Sign. window: A window sign which is painted on. attached to, or visible through a window,
excluding 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 building or unit upon which the
signs are displayed. (See section 5.06.00.)
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LDC Amendment Request
ORIGIN: Environmental Services Department, Conservation Collier Program
AUTHOR: Alexandra J. Sulecki
DEPARTMENT: Environmental Services
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDCl :16 and LDC2:5-LDC2:7
LDC SECTION:
1.08.02 and 2.01.03
LDC SUPPLEMENT #: Supplement 2
CHANGE: Conservation Collier lands are added specifically as an essential service, as they are
government acquired and developed facilities for the welfare of the public. Conservation Collier
sites with minor improvements (i.e., a pervious parking lot with 20 or less spaces, public
restrooms of less than 500 square feet, a pervious walking trail and one ground sign) are added to
essential services permitted by right in all zoning districts. Conservation Collier lands with
major improvements (e.g., nature center, public restrooms, equestrian paths, hiking/biking trails
and off site directional drilling for oil and gas extraction) are added to essential services as a
conditional use in all zoning districts.
REASON: To facilitate the development of government facilities for the preservation,
conservation and limited nondestructive public access to natural resource habitat and native plant
communities and animal species.
FISCAL & OPERATIONAL IMP ACTS: This amendment will shorten the process of
providing public access to Conservation Collier lands by allowing such uses and minimal
improvements as are necessary and appropriate in all zoning districts.
RELATED CODES OR REGULATIONS: Section 2.01.030rdinance 2002-63.
GROWTH MANAGEMENT PLAN IMP ACT: Fee simple acquisition of conservation lands
is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan. Accessibility and appropriate use of
conservation and open space lands by citizens is consistent with and supports Goal 1, Objective
1.3 and Policy 1.3.1 of the Recreation and Open Space Element.
OTHER NOTESNERSION DATE: May 16,2005 CAF; June 14,2005 CCLB; June 16,2005
CCLB; June 22, 2005 DW; Sept. 13,2005 BM; Sept. 9, 2005 CCPC; Sept. 29,2005 POW.
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Amend the LDC as follows:
1.08.02
Definitions
Conservation Collier lands: Lands acquired by Collier County, whether held in fee
or otherwise. under the Conservation Collier Program for the purposes of
conservation, preservation and provision of public green space.
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); and
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 applicable, the times and places of
the permitting agency's scheduled public hearings.
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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) ground
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two
(32) square feet: a parking area, not to exceed twenty (20) parking spaces: hiking
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 underlying zoning districts or land use designations in any
district where Conservation Collier lands are established. Such that no expansion
or diminution of the various zoning 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 regulated in this Code remains a permitted
use on or beneath Conservation Collier lands established in any zoning district
providing for oil and gas 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, NRP AS, HSAS,
AND FSAS.
1. Within CON districts, Sending Lands in the RFMU district, NRP As, 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 major improvements. Permitted
minor improvements shall be limited to one (1) ground sign, not to
exceed eight (8) feet in height with a maximum sign area of thirty-two
(32) square feet: a parking area, not to exceed twenty (20) parking
spaces: hiking trails: a fully accessible trail or trail section: educational
kiosks not to exceed one hundred (100) square feet: and public
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restroom facilities not to exceed five hundred (500) square feet. The
provisions for Conservation Collier lands in this Code do not affect the
underlying zoning districts or land use designations in any district
where Conservation Collier lands are established, such that no
expansion or diminution of the various zoning district permitted uses is
intended or implied by these provisions. except as stated above for
minor improvements. Oil and gas exploration as defined and regulated
in this Code remains a permitted use on or beneath Conservation
Collier lands established in the CON zoning district providing for oil
and gas exploration as a permitted use subiect to section 2.03.05
B.l.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-for-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, NRP AS, AND RLSA designated HSAS
and FSAS. In every zoning district, unless otherwise identified as permitted
uses, and excluding RFMU district Sending Lands, CON districts, and
NRP As, the following uses shall be allowed as conditional uses:
a. Electric or gas generating plants;
b. Effluent tanks;
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c. Major re-pump stations sewage treatment plants, including percolation
ponds, and water aeration or treatment plants,
d. Hospitals and hospices; and
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.
f. Conservation Collier lands which provide for permitted, nondestructive,
passive natural resource based recreational and educational activities,
when such sites require maior improvements to accommodate public
access and use. These maior improvements shall include, but are not
limited to: parking areas of 21 parking spaces or more; nature centers;
equestrian paths; biking trails; canoe and kayak launch sites; public
restroom facilities, greater than 500 square feet signage 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 Manager or designee. The provisions for Conservation Collier
lands in this Code do not affect the underlying zoning districts or land
use designations in any district where Conservation Collier lands are
established. such that no expansion or diminution of the various
zoning district conditional uses is intended or implied by these
provisions. except as stated above for major improvements. Oil and
gas field development and production as defined and regulated in this
Code remains a conditional use on or beneath Conservation Collier
lands established in zoning districts providing for oil and gas field
development and production as a conditional use. subiect to section
2.03.05 B.1.c.(1) of this Code.
2. Conditional essential services in RFMU sending lands, NRP AS, CON
districts, and RLSA designated HSAS and FSAS. Within RFMU District
Sending Lands, NRP As, 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; and
b. Safety Services limited to law enforcement, fire, and emergency medical
services.
c. Oil and gas field development and production. as defined and
regulated in this Code, remains a conditional use on or beneath
Conservation Collier lands established in the CON zoning district
subiect to section 2.03.05 B.1.c.(1) ofthis Code.
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3. Additional conditional uses in residential, and estate zoned districts, and in
RFMU receiving and neutral lands. In residential, agricultural, and estate
zoned districts and in RFMU Receiving and neutral lands, in addition to those
essential services identified as conditional uses in section 2.01.03 G.1. above,
the following essential services shall also be allowed as conditional uses:
a. Regional parks and community parks;
b. Public parks and public library facilities;
c. Safety service facilities;
d. Other similar facilities, except as otherwise specified herein.
4. Conditional uses that include the installation of structures:
a. Where structures are involved other than structures supporting lines or
cables, such structures shall comply with the regulations for the district
in which they are located, or as may be required on an approved site
development plan under section 10.02.03. In addition, the structures
shall conform insofar as possible to the character of the district in
which they are located as to development standards, as well as
architecture and landscaping, with utilization of screening and
buffering to ensure compatible with the surrounding and nearby
existing and future uses.
b. Within the RFMU district sending lands, NRP As, Conservation
Districts, and the RLSA HSAs and FSAs, structures supporting the
conditional use shall be located so as to minimize any impacts on
native vegetation and on wildlife and wildlife habitat.
c. Essential services shall not be deemed to include the erection of
structures for commercial activities such as sales or the collection of
bills in districts from which such activities would otherwise be barred.
Unstaffed billing services, which are accessory uses to the normal
operations of the essential service, may be permitted.
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LDC Amendment Request
ORIGIN: Code Enforcement
AUTHOR: Sharon Dantini
DEPARTMENT:
Code Enforcement
AMENDMENT CYCLE # OR DATE:
Cycle 2, 2005
LDC PAGE:
LDC2: 3-4
LDC SECTION:
2.01.00 Generally
LDC SUPPLEMENT #:
Supplement 1
CHANGE: Scriveners Error
REASON: Scriveners error in section identifications.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE:
This version was created on July 19, 2005 8:40 am
Amend the LDC as follows:
2.01.00 Generally
hA. 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.
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_.~Y.Y"'-_.
~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 comer lot shall be considered to be that portion of the lot opposite
the street with the least frontage. For through lots the rear yard shall be considered to
be that portion of the lot lying between the rear elevation (by design) of the residence
and the street.
The following exceptions may be granted by the 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:
-hill. 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.
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;hQ} 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.
~0 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.
Lk-g} 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 bM.
~~ 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.
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. eCho 718, as amended, known as the I1Condominium
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.
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LDC Amendment Request
ORIGIN: BCC Directed
AUTHOR: Fabacher & Bellows
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC2:50
LDC SECTION:
2.03.07
LDC SUPPLEMENT #: Supplement 1
CHANGE: To allow clam farms as a permitted use, rather than a conditional use in the
Goodland Overlay.
REASON: The time and resources required to obtain a conditional use are not warranted by
the scale and scope of clam nursery operations.
FISCAL & OPERATIONAL IMP ACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: June 17,2005
Amend the LDC as follows:
Section 2.03.07
Overlay Zoning Districts
J. Goodland Zoning Overlay "GZO". To create design guidelines and development
standards that will assure the orderly and appropriate development in the unincorporated
area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is
intended to provide regulation and direction under which the growth and development of
Goodland can occur with assurance that the tropical fishing village and small town
environment of Goodland is protected and preserved, and that development and/or
redevelopment reflect the unique residential and commercial characteristics of the
community. The boundaries of the Goodland Zoning Overlay district are delineated on
Map 1 below.
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1. Permitted uses. The following uses are permitted as of right in this subdistrict:
Reserved.
a. Clam nursery, subiect to the following restrictions:
1) A "clam nursery" is defined as the growing of clams on a "raceway"
or "flow-through saltwater system" on the shore of a lot until the
clam reaches a size of approximately one-half inch.
2) For the purposes of this section, a "raceway" or "flow-through salt
water system" is defined as a piece of plywood or similar material
fashioned as a table-like flow through system designed to facilitate
the growth of clams.
3) At no time may a nursery owner operate a raceway or raceways that
exceed a total of 800 square feet of surface area.
4) The nursery must meet the requirements of a "minimal impact
aquaculture facility" as defined by the Department of Agriculture.
5) The nursery must not be operated on a vacant lot, unless both of the
following requirements are met:
i. The vacant lot is owned by the same individual who owns a
lot with a residence or habitable structure immediately
adiacent to the vacant lot; and
it The vacant lot must not be leased to another individual for
purposes of operating a clam farm within the RSF -4 and VR
zoning districts.
6) At no time will a nursery owner be allowed to feed the clams, as the
clams will be sustained from nutrients occurring naturally in the
water.
7) Only the property owner or individual in control of the property will
be allowed to operate a raceway on the shore off his property within
the VR and RSF-4 zoning districts. In other words, a landowner must
not lease his property to another individual to use for purposes of
operating a clam nursery.
8) Any pump or filtration system used in coni unction with the nursery
must meet all applicable County noise ordinances and must not be
more obtrusive than the average system used for a non-commercial
poolorshrirnptank
2. Conditional uses. The following uses are permitted as conditional uses in this
subdistrict:
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a. Clam nursery, subject to the following restrictions:
1) A "clam nursery" is defined as the growing of clams on a "racev/ay"
or "flow through salhvater system" on the shore of a lot until the
clam reaches a size of approximately one half inch.
2) For the purposes of this section, a "mecway" or "flow through salt
water system" is defined as a piece of plywood or similar material
fashioned as a table like flow through system designed to facilitate
the grovnh of clams.
3) "\t no time may a nursery ovmer operate a mcev,'ay or raceways that
exceed a total of 800 squure fcet of surface arca.
4) The nursery must meet the requirements of a "minimal impact
aquaculture facility" as defined by the Department of l..griculture.
5) The nursery must not be operated on a ','acant lot, unless both of the
follo'.Ying requirements are met:
I. The vacant lot is owned by the same individual v/ho owns a
lot ','lith a residence or habitable structure immediately
adjacent to the ','acant lot; and
ii. The 'lac ant lot must not be leased to another individual for
purposes of operating a clam farm within the RSF 1 and '/R
zoning districts.
6) i\t no time v/ill a nursery ovmer be allowed to feed the clams, as the
clams will be sustained from nutrients occurring naturally in the
water.
7) Only the property ovmer or indiyidual in control of the property "vill
be allovied to operate a race'.yay on the shorc off his property ',vithin
the VR and RSF 1 zoning districts. In other words, a landovmer must
not lease his property to another individual to use for purposes of
operating a clam nursery.
8) l.l1)' pump or filtration system used in conjunction with the nursery
must meet all applicable County noise ordinances and must not be
more obtrusive than the average system used for a non commercial
pool or shrimp tank
Reserved.
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LDC Amendment Request
ORIGIN: Golden Gate Downtown Commercial Overlay Ad Hoc Committee
AUTHOR: John-David MosslMichele R. Mosca
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE # OR DATE:
Cycle 2, 2005
LDC PAGE: LDC 2:62 and 4:61
LDC SECTION:
2.03.07 N., 2.04.03,2.05.01, and 4.02.37
LDCSUPPLEMENT#: ilia
CHANGE: Establish a zoning overlay district to implement the Golden Gate Parkway
Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan.
REASON: The Golden Gate Downtown Commercial Overlay Ad Hoc Committee was
formed in late December 2003 as a direct result of the Golden Gate Area Master Plan (GGAMP)
Restudy process. During the GGAMP restudy, Golden Gate community members expressed a
desire to develop new land use regulations for eastern Golden Gate Parkway, from Sunshine
Boulevard to Collier Boulevard, in order to create a commercial downtown district for residents
of Golden Gate City and Golden Gate Estates. The original six members of the ad hoc committee
were personally selected by Commissioner Tom Henning, the commissioner for the Golden Gate
district, based on these members' participation on the GGAMP Restudy Committee or
involvement with other Golden Gate-area civic organizations.
FISCAL & OPERATIONAL IMPACTS:
Applicants pursuing development orders allowed by this amendment are subject to payment of
petition fees intended to cover the operational costs incurred by the county for the,process and
review of these petitions, except that additional fees shall be required and a process created for
the review of right-of-way landscaping plans and recordation of Landscape Maintenance
Agreements. The establishment of the new process and review of petitions will be performed by
existing funded staff positions.
The Ad Hoc Committee and Golden Gate Community are proposing a lighting plan that calls for
an alternate lighting fixture from that approved in the Golden Gate Community Roadways
Beatification Master Plan, which is funded by general revenue. The Committee proposes that the
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increased cost of the lighting fixtures that they have recommended be funded through the MSTU.
This would require future BCC approval of a new, or amended, MSTU.
RELATED CODES OR REGULATIONS: n/a
GROWTH MANAGEMENT PLAN IMPACT: The Golden Gate Downtown Center
Commercial Overlay District was developed to implement the Downtown Center Commercial
Subdistrict of the Golden Gate Area Master Plan, adopted October 26, 2004 and effective
January 14,2005.
OTHER NOTESNERSION DATE: The Ad hoc Committee is proposing the establishment of
an advisory committee for the purpose of reviewing Site Development Plans within the district
for compliance with Crime Prevention Through Environmental Design principles.
A provision to create an advisory committee has not been included in the overlay due to staffs
concerns, which include the following:
1. Additional expenses and review time; and,
2. The affect of a recommendation from an advisory committee for an administrative
approval process (i.e. potential for a committee recommendation that conflicts with
LDC provisions, and the inability of staff to deny petitions based upon committee
recommendations given that the SDP review criteria are objective).
Amend the LDC as follows:
28
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"""PIT
DfJ'NfO'IN CENTER C(JI/I/E/lCIJ.L SUBDISTRICT
='l! 0AIMlT; noBlIW.
w
.
~
".1:.__
<:)
i
Hl!;I""Il.Il-~.'"
01. N.. ~7'\
J1f1fJIrWIfClJf7'.ll'
CIllOIJJIW.
IIIZ"I'J'JUCr
~ll
PREP.lRm g'j, DRAPRICS .lND ltCRRICIL SlI'PlIRT SrD11CN
CQlMUNIT'/ ID!LQ~MERT o\HlIIN'4RlINlIENT~ SfR'/IC!:5 ClljiSl1lII
RLE: DIlIlP-Wo.DI'Il 1l.IoTr: M/mc4
.....
FFFR
- -
29
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N. Golden Gate Downtown Center Commercial Overlay District "GGDCCO":
Special conditions for properties in the vicinity of Golden Gate Parkway in Golden
Gate City, as identified on the Golden Gate Downtown Center Commercial
Subdistrict Map ofthe Golden Gate Area Master Plan and as contained herein.
1. Purpose and intent. The purpose and intent of this overlay district is to
encourage redevelopment herein in order to improve the physical appearance
of the area and create a viable downtown district for the residents of Golden
Gate City and Golden Gate Estates. Emphasis shall be placed on the creation
of pedestrian-oriented areas, such as outdoor dining areas and pocket parks,
which do not impede the flow of traffic along Golden Gate Parkway. Also,
emphasis shall be placed on the construction of mixed-use buildings.
Residential dwelling units constructed in this overlay district are intended to
promote resident-business ownership The provisions of this overlay district
are intended to ensure harmonious development of commercial and mixed-use
buildings at a pedestrian scale that is compatible with residential development
within and outside of the overlay district.
2. Aggregation of properties. This overlay district encourages the aggregation of
properties in order to promote flexibility in site design. The tyPes of uses
permitted within this overlay district are low intensity retail. office, personal
services, institutional. and residential. Non-residential development is
intended to serve the needs of residents within the overlay district,
surrounding neighborhoods, and passersby.
3. Applicability. These regulations apply to properties in Golden Gate City lying
north of Golden Gate Parkway, generally bounded by 23rd Avenue SW and
23rd Place SW to the north, 45th Street SW to the west, and 41 st Street SW and
Collier Boulevard to the east. South of Golden Gate Parkway, these
regulations apply to properties bounded by 25th Avenue SW to the south, 4 ih
Street SW to the west, and 44th Street SW to the east. These properties are
more precisely identified on Map 17, "Golden Gate Downtown Center
Commercial Subdistrict" of the Golden Gate Area Master Plan and as depicted
on the applicable Official Zoning Atlas Maps. Except as provided in this
regulation, all other use, dimensional and development requirements shall be
as required or allowed in the underlying zoning districts.
30
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4. Permitted uses. Permitted uses within the GGDCCO include the uses listed
below and those uses identified in Chapter 2. Table 1. "Permissible Land Uses
in Each Zoning: District".
a. Residential uses: permitted by right in the existing: residential zoning
districts, except as otherwise prohibited by this zoning overlay.
1. in a mixed use building
11. in an existing owner occupied structure
111. in an existing non-owner occupied structure, until such time as
cessation is required by Chapter 4.02.37 1.
5. Conditional uses. Conditional uses within the GGDCCO include the use listed
below and those uses identified in Chapter 2, Table 2."Land Uses that Mav be
Allowable in Each Zoning District as Accessory Uses or Conditional Uses".
a. Outdoor dining areas, not directly abutting the Golden Gate Parkway
right-of-way.
6. Prohibited uses. Prohibited uses within the GGDCCO include the uses listed
below and those uses, prohibited, by omission, in Chapter 2. Table 1.
"Permissible Land Uses in Each Zoning District".
a. New residential-only structures
b. Any commercial use employing drive-up, drive-in or drive through
delivery of goods or services.
c. Sexually oriented businesses (Code of Laws, 26-151 et seq.).
31
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2.04.03 Table of land Uses in Each Zoning District
2.04.03 ZONING DISTRICTS AND USES
I Table 1. Permissible land Uses in Each Zoning District
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Q,l ....0
"0 .2lu
accessory uses) Q i U ~
U U c'"
u c:C):;
- ::I~ N
rJ:J
o ;:: ~
+of fa.!
c: -Is
:: .... ..
oOlc3
land Use Type or Categoryi c > c:
0-
.2l 'iij 8
III ._ u
C) (,) c
....Cl
c: (I) Cl
OlE.2
3:1 E :;;
o 0 ~
C) Ult..
Accountinq Services 8721 P
Administrative Service Facilities
Adult Day Care Facilities & Centers 8322
Aaricultural Activities
Aqricultural Outdoor Sales
Agricultural Services 0741,0742,0752-
0783
Agricultural Services 0711,0721,0722-
0724, 0762, 0782,
0783
Agricultural Services 0723
Aircraft and Parts 3721-3728
Airport - General Aviation
Amusement & Recreation Services 7911,7991
Amusement & Recreation Services 7999 tourist guides
only
Ancillary Plants
Apparel & Other Finished Products 2311-2399
Apparel & Accessory Stores 5611-5699 P
Appraisers
Architectural, Engineering, Surveying Services 0781,8711-8713 E\a)
Assisted Living Facilities
Attorney Offices & Leqal Services 8111 P
Auctioneering Service, Auction Rooms and Houses 7389,5999
Auto and Home Supply Store 5531 P
Automobile Parkinq 7521
Automotive Repair, Services, and Parking 7514,7515,7521,
7542
Automotive Repair, Services, and Parkinq 7513-7549
Automotive Services
Automotive Dealers and Gasoline Service Stations 5511, 5531, 5541,
5571,5599
32
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P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ ....0
'l::l Su
accessory uses) = a; ul~
u (.) c ...
U c::(!)ii
Oeo( ;;I~ ...
rn.
o :: ~
- Illlf
c::_..
;; ... J:
o Cll 0
Land Use Type or Categoryl c > c
o-
S Iii 8
Ill.- 0
(!) t.l C
..."
c:: Cll "
Cll E .a
:5! E,S!
00"
(!) UI g;
Barber Shops or Colleqes 7241
Beautv Shoos or Schools 7231
Bikinq Trails
Bowline Centers 7933
Buildina Construction 1521-1542
Buildinq Materials 5211-5261
Building Materials, Hardware, Garden Supplies 5231 - 5261
Business Associations 8621
Business Repair Service p
Business Services 7311,7313,7322-
7331, 7338, 7361,
7371,7372,7374-
7346, 7379 P
Business Services 7311-7313, 7322-
7338,7361-7379,
7384 P
Business Services 7311,7313,7322-
7338, 7384
Business Services 7311-7313,7322-
7338,7361-7379,
7384, 7389 E(b)
Business Services 7311-7352,7359,
7361-7397,7389
Business Services 7311-7353, 7359
Business Services 7312,7313,7319,
7334-7336, 7342-
7389
Business Services 7311
Business Services 7312,7313,7319,
7331,7334-7336,
7342, 7349, 7352,
7361,7363,7371-
7384, 7389
Business Services 7311, 7313, 7322-
7331,7335-7338,
7361, 7371, 7374-
7376 7379
33
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P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Q,l .....0
"Cl .su
Q ~ ul~
accessory uses) U u c "
U I: e" i
- ~~N
rJ:J
o : \!!
- llll~
1:-
~ ......
oQlc3
Land Use Type or Categoryl C > I:
0-
.si08
lll.- U
e" (,) 0
....t:l
I: Ql t:l
Ql E g
3:! E.!
00"
e" U ~
Business/Office Machines
Canoe Rental
Canoeinq Trails
Care Units
Carwashes 7542
Cateaorv II Group Care Facilities
Child Care - Not for Profit
Child Day Care Services 8351
Churches & Places of Worship
Civic and Cultural Facilities
CollectionlTransfer Sites
Commercial Printinq 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavy
Construction - Special Trade Contractors 1711-1793,1796,
1799
Construction - Special Trade Contractors 1711-1799
Continuinq Care Retirement Communities
Depositorv Institutions 6011-6099
Depository Institutions 6011, 6019, 6081,
6082
Depository Institutions 6021-6062,6091,
6099,6111-6163
Depository Institutions 6021-6062
Drinkina Establishments and Places 5813
Drua Stores 5912
Druqs and Medicine 2833-2836
Duplexes E(I)
Dwellina Units
Eatinq Establishments and Places 5812 E(a)
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244. 8299
34
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P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Cj li)O
-= C () ~
I:
accessory uses) U CIl()
() c...
U ce"ii
.... 3=1 S! N
TJ:J
o :: I!!
- III ~
c_
3= .... ..
o CIl is
Land Use Type or Categoryl c 51.E.
,S! iii 8
Ill.- 0
e" l.l Q
....t:l
C CIl t:l
CIl E.S!
::E E.!
00"
e" c.J I g:
Electronic Equipment & Other Electrical Equipment 3612-3699
Engineering, Accounting, Management and Related Services 8711-8748
Engineering, Accounting, Management and Related Services 8711-8713 E\a)
Equestrian Paths
Essential Services
E(e)
Excavation
Fabricated Metal Products 3411-3479,3419-
3499
Fairqrounds
Family Care Facilities
Fishinq Piers
Fishi nq/Hu ntinq/Trappinq 0912-1919
Fixture Manufacturinq
Food Manufacturing 2034, 2038, 2053,
2064, 2066, 2068,
2096,2098,2099
Food Products 2011-2099
Food Stores 5411, 5421-5499 P
Food Stores 5411-5499 p
Fraternal Oraanizations
Funeral Services and Crematories 7261
Furniture & Fixtures Manufacturinq 2511-2599
Gasoline Services Stations 5541, 5511-5599
General Contractors 1521-5261
General Merchandise Stores 5311-5399 P
Glass and Glazinq Work 1793
Golf Courses
Government Offices/Buildings 9111-9222, 9224-
9229,9311,9411-
9451, 9511-9532,
9611-9661
Group Care Facilities
Gunsmith Shop 7699
Hardware Stores 5251 p
1 For requirements pertainina to Essential Services. see 2.01.03
35 Text underlined is new text to be added
Text strilietRr8uglI is eUFFeRt text ta he deleted
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Q,j ""'0
"'0 .l!lu
accessory uses) <: ai u ~
U u c"
U t:C);
..... :!:I~N
r/l
o ~ ~
...., res.!
t: -!E
:!: .... ..
o CIl B
Land Use Type or Categoryl c >"
0-
.s Iii 8
Ill'- U
C) (.) C
....(!)
t: CIl (!)
CIl E 2
~ E Gi
o 0 ~
C) u,g:
Health Food Stores
Health Services 8011-8049 P
Health Services 8011-8049,8082 P
Health Services 8051-8059,8062-
8069, 8071, 8072,
8092-8099
Heavy Construction 1611-1629
Hiking Trails
Home Furniture, Furnishings, Equipment Store 5713-5719,5731-
5736 P
Home Furniture, Furnishings, Equipment Store 5712-5736 .E
Home Supplv Store 5531 P
Hotels and Motels 7011,7021,7041
Hotels and Motels 7011
Houseboat Rental 7999
Individual & Family Social Services
Industriallnorqanic Chemicals 2812-2819
Industrial, Commercial, Computer Machinery and Equipment 3511-3599
Insurance Aqencies, Brokers, Carriers 6311-6399,6411 P
Insurance Aqencies, Brokers, Carriers 6311-6361,6411
Insurance aqents, brokers, and service, including Title Insurance 6361 and 6411
Investment/Holdinq Offices 6712-6799
Job Traininq & Vocational Services 8331
Justice, Public Order & Safety 9221,9222,9229
Labor Unions 8631
Lakes Operations 7999
Larqe Appliance Repair Service 7623 P
Leather Products 3131-3199
Libraries 8231 P
Local and Suburban Transit 4111-4121
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426,2431-2499
Manaqement & Public Relations 8741-8743,8748 P
Manaqement Services 8711-8748
Marinas 4493,4499
Measuring, Analyzing and Controlling Instruments 3812-3873
36
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Text strilietluBlI.gh. is eurreRt text tB be deleted
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ "'0
"Cl $u
accessory uses) Q 1iiu:
u uc."
U I: C) Iii
..... ~I~ N
rJ:J
o ~ ~
... ltI ~
1:_
~ .....
o Cll 0
land Use Type or Categoryl c > c
0-
$i1i8
ltI ._ (J
C) (,) 0
...Cl
I: Cll Cl
Cll E,g
:E E ~
.!
o 0 "
c)u ~
Medical and Optical Goods 3812-3873
Medical Laboratories and Research & Rehabilitation Centers 8071, 8072, 8092,
8093
Membership Organizations 8611-8699 E\T}
Membership Organizations 8611,8631
Membership Organizations 8611
Membership Organizations 8611,8621
Misc. Manufacturing Industries 3911-3999
Miscellaneous Plastic Products
Miscellaneous Repair Service 7629-7631 P
Miscellaneous Repair Service 7622-7641, 7699
Miscellaneous Repair Service 7622-7699
Miscellaneous Retail Services 5912,5942-5961 E\a}
Miscellaneous Retail Services 5912-5963 E\a}\g/
Miscellaneous Retail Services 5912 -5963"",
5992-599924 E(a) (g) (h) (i)
Miscellaneous Retail Services 5912, 5932-5949,
5942-5961, 5992-
5999
Mixed Residential and Commercial Uses E\"}
Mobile Home Dealers 5271
Mobile Homes
Modular Built Homes
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freight Transportation and Warehousing 4225
Motor Homes
Multi-Family Dwellings E\"}
Museums and Art Galleries 8412 P
Nature Preserves
Nature Trails
Non-Depository Credit Institutions 6141-6163
Non-Depositorv Credit Institutions 6111-6163
Non-Depository Institutions 6011-6163
Non-Depository Institutions 6011, 6019, 6081,
6082
37
Text underlined is new text to be added
Text strillethrough is eurreRt text to be deleted
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Q,l "'0
'C 2u
accessory uses) => t:u~
U ~c"D
U t:";
..... ;:I~ N
rJ),
o ~ i!!
..... ca .!
t:_E
;: ... co
o ell tl
land Use Type or Categoryl c > c
0-
2 'iij g
111.- u
C)t>c
.....,
t: al'"
alE$!
~ E ~
00"
C) u t>=
Non-Depository Institutions 6021-6062,6091,
6099,6111-6163
Nursinq Homes 8051,8052,8249
Office Machine Repair Service 7629-7631 P
Oil & Gas Exploration
Open Space
Outdoor Storaqe Yard
Paint, Glass, Wallpaper Stores 5231 P
Paper and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parkinq Facilities
Parkina Services
Parks, Public or Private E\m)
Parochial Schools - Public or Private
8211
Party Fishinq Boats Rental 7999
Personal Services 7291 P
Personal Services 7212-7215,7221-
7251,7291 E(d) Ul
Personal Services 7212,7215,7221-
7251
Personal Services 7212,7291
Personal Services 7211,7212,72152
7216,7291,7299 E(d)(j))( k)
Personal Services 7215,7217,7219,
7261,7291-7299 E(d)(j) )(k)
Personal Services 7211-7219
Personal Services 7215-7231,7241 E\J)
Personal Services 7221,7291
Photoaraphic Goods 3812-3873
Photoaraphic Studios 7221 P
Physical Fitness Facilities 7991 P
Phvsical Fitness Facilities
Pickup Coaches
Plant and Wildlife Conservancies
2 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons,
diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal.
38 Text underlined is new text to be added
Text stril{etll.r8I1.gll. is eHrreRt text ta he deleted
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~ ;0
"C cUi
Q
accessory uses) U Qlu
UC"
u c:C);
~ ~I~ N
rn
o ::: I!!
- l'(l ~
c: _ ..
~ ....c
o Ql u
land Use Type or Categoryl C > c
0-
Silj8
l'(l.- u
C) C.) c
...Cl
c: Ql Cl
QlES
:E E -
.!
o 0 "
C)U ~
Plastic Materials & Svnthetics 2821,2834
Plav Areas and Playqrounds
Pleasure Boat Rental
Printinq and Publishinq Industries 2711,2712
Printinq and Publishinq Industries 2711-2796
Professional Offices 6712-6799, 6411,
96311-6399,6531,
6541, 6552, 6553,
8111
Professional Orqanizations 8631
Public Administration 9111-9199, 9229,
9311,9411-9451,
9511-9532,9611-
9661
Public Service Facilities - Essential
Railroad Transportation 4011,4013
Real Estate 6531-6541 P
Real Estate 6521-6541
Real Estate 6512 P
Real Estate 6512-6514,6519,
6531-6553
Real Estate Brokers and Appraisers " 6531
Real Estate Offices 6531,6541,6552,
6553 ".
Recreational Service Facilities
Recreational Services - Indoor 7911-7941,7991-
7993, 7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Repair shops and related services, not elsewhere classified 7699"
Research Centers 8093
Research Services 8732
Residential uses
3 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and
reel repair.
39
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Text stril.etlu6agh is earrent text t6 he deleted
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and Q,j "'-5
't:l 2(,)
accessory uses) 0 ai(,)~
u (,) Q"tl
U t: 0 ;
.... :=1!:2N
00
o :?: ~
.., CtI.!
t: _ "5
:= ... co
o CI.l G
Land Use Type or CategorY Q > c:
0-
2iij8
III ._ u
o u c
...~
t: CIl ~
CI.l E.s
:5!E;
o 0 ~
o (,)I!:..
Retail Nurseries, Lawn and Garden 5261 P
Rubber and Misc. Plastic Products 3021,3052,3053
Safety Service Facilities
Schools, public
Schools - Vocational 8243-8299 ElJ.)
Security Brokers, Dealers, Exchanges, Services 6211-6289 P
Shoe Repair Shops or Shoeshine Parlors 7251 P
Shootinq ranae, indoor 7999
Sinqle-Familv Dwellinqs E(I)
Social Services 8322-8399
Stone, Clay, Glass and Concrete Products 3221,3251,3253,
3255-3273, 3275,
3281
Storaqe
Synthetic Materials 2834
Testinq Services
Textile Mill Products 2211-2221,2241-
2259, 2273-289,
2297,2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parkinq Lots 7514,7515,7521
Townhouses E(J.)
Transportation by Air 4512-4581
Transportation Equipment 3714,3716,3731,
3732,3751,3761,
3764, 3769, 3792,
3799
Transportation Services 4724-4783,4789
Travel Aaencies 4724
Travel Trailers 5561
Two-Family Dwellinq
United States Postal Service" 4311 P
Veterinarian's Office:> 0742
Veterinarian's Office 0752
4 Excludes major distribution center.
5 Excludes outdoor kenneling.
40
Text underlined is new text to be added
Text stril.etluolIgk is ellrreRt text to be deleted
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and cu "'0
'e $(.)
accessory uses) => lii (.) ~
U (.) C ."
U c:C);
.... ~!:2N
rJ:J
o ~ t
1: .!!! 5'
~ .....
oGlG
land Use Type or Category' c > =
0-
$ iii 8
Ill.- U
C)CJC
...Cl
c: Gl Cl
Gl E S
'C E!
(5 o "
C) (.)~
Videotape RentalO 7841 P
Vocational Rehabilitation Services 8331
Weldinq Repair 7692
Wholesale Trade 5148
Wholesale Trade - Durable Goods 5021,5031,5043-
5049,5063-5078,
5091,5092,5094-
5099
Wholesale Trade - Nondurable Goods 5111-5159,5181,
5182,5191
Wildlife Conservancies 9512
Wildlife Management 0971
Wildlife Refuqe/Sanctuarv
Wildlife Sanctuaries
Watches/Clocks 3812-3873
6 Limited to 1,800 square feet of gross floor area.
41
Text underlined is new text to be added
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(a) Limited to 5.000 square feet per floor
(b) Except labor pools in qroup 7363
(e) Exception for newspapers in qroup 2752
(d) Except commercial use emplovinq drive-up, drive-in. or drive-throuqh delivery of qoods and/or services
(6) Except that fire protection and police protection in qroups 9221 and 9224 are limited to administrative
offices only
(f) Except civic, social. and fraternal orqanizations in qroup 8641 and reliqious orqanizations in qroup 8661
(g) Except liquor stores in qroup 5921
(h) Except pawn shops in qroup 5932
(I) Except retail firearm and ammunition sales in qroup 5941
U> Except coin operated laundries and dry cleaninq in qroup 7215
(k) Except miscellaneous personal services not elsewhere classified in qroup 7299
(I) Refer to specific requlations in the GGDCCO district (2.03.07 N.4.a.ii.)
(m) Limited to pocket parks only, qenerallv described as a small area accessible to the qeneral public that
often includes plantinqs, fountains. seatinq areas. and other similar passive open space features.
42
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Text stril(etluollgk is ellrreRt text to lie deleted
2.04.03 ZONING DISTRICTS AND USES
Table 2. land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional
Uses.
C = conditional use
A = accessory use
~ ~
i: ."
t:
c:: Ql ..
3: > '"
ACCESSORY AND 00 e
Q) - - ~
CONDITIONAL USES "C c:: I1l
3: 'u ..
0 '"
(,,) 0 "- u
Q Ql .5
(,,) Ql E 0
en - E u
I1l 0 6g
e" U UCl
c:: "- ur;
Ql Ql C-.:
"C -
'0 c:: e".!
Ql ~~
e" u
Administrative or service buildinq
Adult dav care 8322
Agricultural: animal & livestock breeding, exotic aquaculture,
aviary, diary or poultry plant, egg production, exotic animals,
ranchinq, or wholesale reptile breeding
Aaricultural
0741,0742,0752-
0783
Aaricultural services
7911
Amusement & recreation services C
7911-7941,7991-
7993, 7997, 7999
Amusement & recreation services
7948, 7992, 7996,
7999
Amusement & recreation services
Ancillary plants
Animal control
Aquariums 8422
Archery ranqes 7999
Assisted livina facilities
43
Text underlined is new text to be added
Text stri-l.ethraugh is eUrFeRt text ta be deleted.
C = conditional use
A = accessory use
1; ~
;: ."
c:
C Cll ..
:: > ...
ACCESSORY AND 00 ~
Q) - - "
CONDITIONAL USES "C C ra !
:: 'u ..
0 .c:
(J 0 ... u
C Cll c:
(J Cll E 0
Ci) - EI~ 8
ra OOe
C) uug
C ... U 0
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Auctioneerinq Services, auction rooms and houses
5521, 5551, 5561,
5599
Automotive dealers and qasoline service stations
7513,7519
Automotive rental/leasinq
Beach chair, bicycle, boat or moped rentals
Bed & breakfast facilities 7011
Boathouses
Boat ramps
Boat yards .
Botanical qarden 8422
Bottle clubs 5813
Campinq cabins
Care Units
Caretaker's residence A(b)
Cateqorv II qroup care facilities
Cemeteries
Chemical products 2812-2899
Child day care 8351
8661
Churches & places of worship
Civic & cultural facilities
Clam nurseries
Cluster development
44
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Collection/transfer sites
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Communications 4812-4841
Communication towers
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Community theaters
Concrete or asphalt plants
Continuing care/retirement centers
5411
Convenience stores
Dancing establishments & staged entertainment
Depository institutions 6011-6099
Detention facilities
Docks
5813
Drinkino establishments
Drivino ranqes
Earth minino
5812
Eatina establishments
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Education services
8211-8231
Education facilities; public & private schools
Electric Qeneratinq plants
Electric, aas, & sanitary services 4911-4971
Enamelina oaintina or platina A (c)
Excavation
Extraction related processinq and production
Fabricated metal products 3482-3489
Farm labor housina
Farm product raw materials 5153-5159
Field crops
Fis h ina/huntina/trapping 0912-1919
Food oroducts 2011,2048
Food service .
Food stores (over 5,000 sJ.) 5411-5499 C
Fraternallodaes, private club, or social clubs
Fuel dealers 5983-5989
Fuel facilities
Funeral services & crematories 7261
Gas aeneratina olants
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Gift shoos 5947
Golf club house
Golf course
Golf driving ranqe
Group care units
Guesthouses
Health services 8011
Homeless shelters 8322
Hospitals 8062-8069
Hotels and motels 7011,7021,7041
Huntinq cabins
Incinerators
Jails
Justice, public order & safety 9211-9224
Kennels & kennelinq 0742,0752
Kiosks
Leather tanning & finishing 3111
Livestock
Local and suburban transit 4111-4121
Local and suburban transit . 4131-4173
Lumber and wood oroducts 2411-2421,2429
Maintenance areas
47
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Marina 4493,4499
Mental health facilities
Merchandise - outdoor sales
Miniature qolf course 7999
Mixed residential and commercial
Model homes and model sales centers
Motion picture theaters 7832 C
Motion picture theaters 7833
4212,4213-4225,
4226
Motor freiqht transportation and warehousinq
Motor freiqht transportation and warehousinq 4225,4226
Noncommercial boat launching ramps
Nurserv - retail 5261
Nursing and personal care facilities 8062
Nursing homes
Oil and ~as extraction 1321,1382
Oil & gas field development and production
Outdoor displav
Packinqhouse
Paper and allied products 2611
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Petroleum refinina and related 2911-2999
Pistol or rifle ranae
Play areas and playgrounds ~
Poultry raisina (small)
Primary metal industries 3312-3399
Private boathouse and docks
Private clubs
Private landina strios
Pro shops (Iarae)
Pro shops (small)
Recreational facilities A
Recreational services
Refuse svstems 4953
Rehabilitative centers 8093
Repair or storaae areas
Residential uses
Resource recovery olant
Restaurant (small) or snack shoo 5812
Restaurant (Iarae) 5812
Retail shops or sales
Rubber and misc. Plastic oroducts 3061-3089
Sanitary landfills
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Schools, vocational 8243-8299
Service facilities
Slauahtering plants 2011
Social association or clubs 8641
Social services 8322-8399
Soup kitchens
Sports instructional camps or schools
Staged entertainment facility
3211,3221,3229,
3231,3241,3274,
Stone, clay, glass and concrete products 3291-3299
Swimming pools - Dublic
Storage, enclosed
Tennis facilities
2231,2261-2269,
2295,2296
Textile mill products
Transfer stations 4212
Veterinarian's office 0741-0742
50
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Wholesale trade - durable aoods
5162,5169,5171,
5172,5191
Wholesale trade - nondurable qoods
Yacht club 7997
Zoo
(al Limited to 5,000 sauare feet per floor
(bl Accessory to commercial and residential mixed use proiects
(cl Accessory to an artist's studio or craft studio onlv
51
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2.05.00 DENSITY STANDARDS
2.05.01 Density Standards and Housing Types
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4.02.37 Design Standards for Development in the Golden Gate Downtown Center
Commercial Overlay District (GGDCCO)
A. Development criteria. The following standards shall apply to all uses in this
overlay district. Where specific development criteria and standards also exist
in the Golden Gate Area Master Plan, or the Future Land Use Element of the
growth management plan, these standards shall supersede any less stringent
requirement or place additional requirements on development.
1. Cessation of residential uses. Existing, non-owner-occupied residential uses
located along Golden Gate Parkway shall cease to exist no later than seven
years after the effective date of the adoption ofthe Downtown Center
Commercial Subdistrict in the Golden Gate Area Master Plan (adopted
October 26,2004: effective January 14, 2005). This does not require the
removal of residential structures located elsewhere in this overlay district.
2. Multi-story buildings.
a. Only retail. personal service, and institutional uses are allowed on the
first floor.
b. All uses allowed by this zoning overlay, except restaurants and
cocktail lounges, are allowed on the second floor.
C. Only residential uses are allowed on the third floor.
3. Density. Density shall be as per the underlying: zoning district. For mixed-use
proiects, density shall be calculated based upon total proiect acreage.
4. Setbacks.
a. All development and redevelopment on lots abutting Golden Gate
Parkway shall have a front yard and set-back of no more than fifteen feet
(15). All projects providing a front yard setback greater than zero (0) feet
must provide restaurant seating, and/or open space areas such as other
seating, planting areas, and decorative landscape planters within such front
yard, except that water management retention and detention areas are
prohibited.
53
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b. All development and redevelopment on properties in the overlay area not
abutting Golden Gate Parkway must comply with the front yard setback
requirements of that property's underlying zoning.
c. Side yard setback shall be a minimum of 5 feet.
d. Rear yard setback shall be no less than one-half of the building height,
with a 15-foot minimum.
5. Building Footprint Limits.
a. Minimum building footprint of 3,000 square feet.
b. Maximum building footprint of 12,000 square feet.
6. Minimum floor area - residential.
a. Mixed use. Minimum floor area of 1,500 square feet.
7. Minimum Height. The zoned height of buildings shall be no less than 34 feet.
8. Maximum height. The actual height of buildings shall not exceed three stories
and 45 feet.
9. Crime Prevention Through Environmental Design (CPTED) Standards. The
Golden Gate community supports the CPTED philosophy as a way to reduce
crime, improve neighborhood and business environments, and increase overall
quality of life of its citizens. CPTED principles such as natural surveillance,
natural access control, and territorial reinforcement shall be incorporated into
the overall design of the proiect, consistent with the provisions in this overlay
and as identified below.
a. Public paths shall be clearly marked by using design elements such as
landscaping and pedestrian accent lighting.
b. Public entrances shall be clearly defined by walkways and signage, as
specifically provided in this overlay.
10. Common architectural style. In support of the purpose and intent of the
GGDCCO, all structures within the overlay district shall have a common
Mediterranean architectural style, with barrel tile roofs, stucco facades, arches
and wood accent members used as details. During the site development plan
review process, architectural drawings shall be submitted to demonstrate
adherence to this requirement. All commercial and mixed use buildings and
proiects shall be subiect to the provisions of Section 5.05.08 of the Code, except
54
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as provided herein.
11. Architectural standards. All buildings shall meet the requirements set forth in
Section 5.05.08, except as otherwise specified below:
a. Buildings with frontage on Golden Gate Parkway shall have sixty (60)
percent of the ground-floor facade finished with clear or lightly tinted
glass.
b. The glazed area of the facade above the first-floor shall be at least
twenty (20) percent but shall not exceed thirty-five (35) percent of the
total area, with each facade being calculated independently.
c. Design elements used to embellish the primary facade shall be similarly
incorporated into the rear facade of buildings.
d. The facades of buildings 5,000 square feet or larger shall use rooflines
that vary in height or architectural embellishments, such as cupolas, at
least every eighty (80) feet.
e. Parapet roof treatments are prohibited.
f. Flat roofs must be screened with a mansard edge barrel tile roof
extending the length of all facades.
2. Building entrances shall be accentuated through architectural elements,
lighting, landscaping, and/or paving stones.
12. Outdoor display/sale of merchandise
a. No automatic food and drink vending machines shall be located exterior to
buildings.
13. Access. Those aggregated lots developed under these overlay provisions and
fronting on Golden Gate Parkway must provide site access from abutting local
streets and may not obtain site access from Golden Gate Parkway, and where
one such commercial or mixed use development provides site access at the
development's proiect boundary abutting other lots, whether aggregated yet or
not for commercial or mixed use development. such developments must
provide for ioint or cross access with the abutting: property or properties in
order to share access and minimize the number of access points.
14. Parking standards. All commercial and mixed-use projects shall meet the
parking requirements as set forth below:
a. A minimum of three (3) public parking spaces for each 1.000 square feet
of commercial floor area.
55
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b. A minimum of 1 1/2 parking spaces for each residential unit.
c. No parking is allowed in the front yard on lots abutting Golden Gate
Parkway.
d. There shall be no parking requirement for outdoor restaurant seating areas.
e. Shared parking is required, where possible and feasible.
f. Interconnection between adiacent parking lots is required, where possible
and feasible.
2. Parking facility lighting shall be consistent with the pedestrian/accent
decorative lighting fixtures illustrated in Fig. 29, page 5-9 of the Golden
Gate ConUllunity Roadways Beautification Master Plan, latest edition, and
shall be maintained at a light level of 3.0 foot candles. and arranged and
shielded in a manner that protects roadways and neighboring properties
from direct glare or other interference.
h. All proiects that are adiacent to residential development within the district
and/or residentially zoned properties outside the district shall provide
lighting fixtures with full-cutoff optics that direct the light source
downward.
i. The overnight parking of commercial vehicles. with a rated load capacity
of one ton or more. is prohibited.
i. The overnight parking of commercial vehicles shall be limited to one (1)
vehicle per 1,000 square feet of commercial floor area, not to exceed six
(6) commercial vehicles per building.
15. Proiect standards. In addition to the site design elements described in Section
5.05.08 C.5.d, all proiects shall provide:
a. Two accent or specimen trees, above the minimum landscape code
requirements, for every 100 linear feet along both the front and rear
facades, at a minimum height of 18 feet at planting. except that proiects
with frontage along Golden Gate Parkway shall only be required to
provide the planting along the rear facade.
b. Decorative landscape planters or planting areas, a minimum of five (5)
feet wide, and areas for shaded seating consisting of a minimum of 100
square feet.
16. Landscaping. All commercial and mixed use proiects shall meet the landscape
requirements in Section 4.06.00 of this Code. unless otherwise specified in
this zoning overlay.
56
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a. Project Perimeter Buffering. All projects that are located adjacent to
residential zoning external to the district boundaries shall provide a six (6)
feet wide sidewalk and a minimum nineteen (19) feet wide landscape
planting area, except that the project's frontage along Golden Gate
Parkway shall be exempt from this requirement.
The planting area shall be landscaped with: 1. Shrubs and ground cover;
shrubs shall be planted in a double row and be no less than 24 inches in
height at time of planting; and, 2. Trees, planted one per 30 linear feet and,
at time of planting, a minimum height of 22 feet.
b. Internal Project Buffering. All proiects that are located adiacent to a
residential use within the district boundaries shall provide an Alternative B
buffer per Section 4.06.02 C.2. except: walls and berms are prohibited, a
freestanding hedge must be 6 (six) feet in height, if a fence is provided it
must be accompanied by a hedge 3 (three) feet in height with a 2 (two) feet
spread at time of planting. The project frontage along Golden Gate
Parkway shall be exempt from this requirement.
c. Building Foundation Planting Areas. Building foundation plantings shall
be required for all projects, except for buildings adjacent to Golden Gate
Parkway and the rights-of-way abutting the district's external boundaries.
d. Proiect Vehicular Use Areas. Mountable curbs shall be provided for all
terminal landscape islands as depicted in Figure 3, Section 4.06.03.B.3.
17. Golden Gate Parkway Right-of-Way Improvements. Right-of-way
improvements required for properties/lots with frontage along Golden Gate
Parkway.
a. Curbing. All projects/lots shall provide Type "F" non-mountable curbing
per F.D.O.T. "Roadway and Traffic Design Standards" Index 300, the
latest edition.
b. Landscaping. All projects/lots shall be required to provide an eight (8)
feet wide landscaping strip between the curb and sidewalk. This planting
area may be reduced between tree spacing to five (5) feet wide, for a
maximum of 50 percent of the buffer area, to accommodate street
furnishings and fixtures, consistent with the Golden Gate Community
Roadways Beautification Master Plan.
The landscaping strip shall be landscaped with: 1. Turf, not to exceed 50
percent of the planting area; 2. Shrubs and ground cover, at a minimum of
50 percent coverage, not to exceed a mature height of twenty-four (24)
inches; and, 3. Canopy trees, planted one per 30 linear feet and, at time of
57
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planting, a minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in
height.
All planting materials in the public right-of-way shall be consistent with
those identified in the Golden Gate Community Roadways Beautification
Master Plan. Installation and maintenance shall be consistent with the
Collier County Construction Standards Handbook for Work within the
Right-of- Way.
Where right-of-way plantings above are not practicable, a planting area
and/or a decorative planter(s) may be provided consistent with the Collier
County Construction Standards Handbook for Work within the Right-of-
Way.
Property owners shall be required to enter into a Landscape Maintenance
Agreement with the County for the installation and maintenance of the
required right-of-way plantings. Landscape Maintenance Agreements
shall require a signed and sealed landscape and irrigation planes), review
by the appropriate Transportation Division's staff, approval by the Board
of County Commissioners, and recording of said agreement with the Clerk
of Courts. Plans shall include, but not be limited to, the following:
1. Existing conditions inventory
2. Proposed plantings/details of planting methods and
maintenance specifications
3. Location of utilities
4. Location of draina[!e facilities
5. Irrigation proposaL including water connections
c. Sidewalks. All proiects/lots shall provide a ten feet wide sidewalk between
the required landscape strip identified in "b." above and the property line.
Sidewalks shall be constructed pursuant to the Land Development Code
and the "Construction Standards Handbook for Work within the Right-of-
Way". Decorative pavers (consistent with the approved pavers identified
in the Golden Gate Community Roadways Beautification Master Plan)
may be substituted for portions of sidewalk, subiect to approval by the
County Manager or designee.
Where a portion of the required sidewalk cannot be constructed in the
public right-of-way, the property owner shall locate such portion on their
private property and grant the County an easement.
18. Address numbers. Address numbers shall be 8 inches in vertical height and
shall be located on the primary building facade. Numbering materials shall be
reflective and have a contrasting background.
19. Signs. As required, allowed, or prohibited in Section 5.06.00 of this Code,
58
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except as specified below:
a. A single external wall sign may be applied to both the front and rear
facades of the building provided that it shall not exceed two (2) feet in
vertical dimension. This wall sign(s) shall not exceed 80% of the width of
the unites) or the building occupied by a business with a minimum often
percent clear area on each outer edge of the unites).
The wall sign(s) shall consist ofletters applied directly on the facade(s) of
the building.
A wall sign( s) shall only be permitted on the first floor of a buildin~.
b. In lieu of the external wall sign(s) permitted in paragraph "a." above, the
vertical drip of an awning may be stenciled with letters no more than 8
inches in height and shall not exceed one third of the length of the canopy.
Such sign shall be limited to the first floor only.
c. In addition, an under canopy or proiection sign shall be required for, and
limited to, the business located on the first floor. Such signs shall not
exceed 6 square feet, shall not project more than four (4) feet from the
building on which it is attached, and shall be elevated to a minimum of 8
feet above any pedestrian way and shall not exceed a height of 12 feet.
d. Single or multiple occupancy parcels where there is double frontage on a
public right-of-way. shall be allowed three signs, but such signs shall not
be placed on one wall, and shall be limited to the first floor only.
e. Signs used on the primary facade shall also be similarly provided on the
rear facade of the buildings.
f. One identification sign may be provided for a second floor businesses).
Such sign shall only be permitted in the rear yard and shall have a
minimum setback requirement of 10 feet. Such sign shall not exceed 24
square feet in size and 4 feet in height. The display area of the sign may
only include the business logo, name, and address.
Comer lots and through lots shall locate such sign in the rear of the
building.
g. External signs shall not be translucent, but may be externally lit or backlit.
h. No sign, display. merchandise or window tinting shall be placed on or
adiacent to any window that would interfere with the clear and
unobstructed view of the interior of the establishment from the outside
and, in particular, of the cash register( s) from the street.
59
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.,..__t._.. _
i. The following signs are prohibited: freestanding signs, except
identification signs, real estate signs, and construction signs: stenciling and
other window signs, except "open" signs, which shall be limited to two
and one-half square feet in size.
i. Portable restaurant signs shall be permitted subiect to the following
regulations:
1. Signs shall be "A" frame design
2. Only one sign shall be permitted per restaurant
3. The sign dimensions shall be a maximum of 24-inches wide and
48-inches in height.
4. The sign shall be displayed only during the hours of operation of
the establishment.
20. Li~hting. As described and provided in the Golden Gate Community
Roadways Beautification Master Plan or as identified below:
a. Internal Proiect Lighting. All proiects shall use architectural decorative
lighting. Such lighting shall be the same decorative lightin~ as identified
in Figure 29 on page 5-9 of the Golden Gate Community Roadways
Beautification Master Plan. If such li~hting becomes unavailable,
similarly themed lighting shall be used. Light fixtures must light all
public use areas adiacent to the building (e.g. entrvway, courtyards, etc.)
to a recommended 0.5 candle level of illumination. Lighting shall be
arranged in a manner that protects roadways and neighboring properties
from direct glare or other interference.
b. Street/Roadway Lighting. Architectural decorative lighting shall be used
along Golden Gate Parkway within the public right-of-way. Such lighting
shall be a variation of the decorative lighting identified as Figure 29 on
page 5-9 of the Golden Gate Community Roadways Beautification
Master Plan, more specifically identified as the Lumec Domus Series
(DMS50-250MH-SG3-480-LD-DL-CRL72-1A1 U.S. 41 East lighting
fixture). If such lighting becomes unavailable, similarly themed lighting
shall be used. The installation and maintenance of lighting shall be
consistent with the Collier County Construction Standards Handbook for
Work within the Right-of-Way.
21. Dumpsters. Dumpsters shall be screened and positioned out of view from
public right-of-ways and pedestrian walkways.
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LDC Amendment Request
ORIGIN: Z&LDR
AUTHOR: Catherine Fabacher
DEPARTMENT: Z&LDR
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC2:116
LDC SECTION:
2.04.03 Table of Land Uses in Each Zoning District
LDC SUPPLEMENT #: Supplement 1
CHANGE: Remove Single Family Dwellings as a permitted use in Golf Course (GC) Zoning
District and restrict the permitted use of single family residences in the Residential Multiple
Family-12 (RMF-12) Zoning District to existing nonconforming lots subject to Section 4.02.01
Dimensional Standards for Principal Uses in Base Zoning Districts, Table 1. Lot Design
Requirements for Principal Uses in Base Zoning Districts.
REASON: To correct errors to the Code that occurred during re-codification.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 4.02.01 and 2.04.03
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: July 19, 2005
Amend the LDC as follows:
2.04.03 Table of Land Uses in Each Zoning District
[see attached copy oftable 1: page LDC2:115 on next page]
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ZONING DISTRICTS AND USES
2.04.03
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'i' .... ... 'tl U
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>. ~ OJ .. " 'l'
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r:. r:. r:. al = :I :a 0
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r:. " " " . . il 'Ei " "iil ,
. -a -a -a ... " E
... " .. OJ ~ ~ J! " 'CJ il
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tJ ~ -;, ... :l3 ~ ::I .s .. '2
0 .5 ~ ~ ~ ::I . 0 "
E2 " . .. I;,) ..s ~ "
, to :s " " a
" " OJ ... ... OJ OJ .. a :; OJ OJ OJ Q a
; l IOl :tl :tl :!l :!l :!l ~ ~ f= 1! '2 'g I;,) 0
Cl . = ! ~ = .~ " " -= tJ
" " " ~
tJ l .s 'tl 'tl 'tl 'tl ~ ] ~ ~ ~ il ~
:= .s ! ! ! ! 'ii! ~ ..a = II
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Repair shops and related 7699"
services, not elsewhere
classified
Research Centers 8093
Research Services 8732 P P
Residential uses
Retail Nurseries, Lawn 5261 p P P
and Garden
Rubber and Mise. Plastic 3021, 3052,
Products 3053
Safety Service Facilities I
Schools, public pl. p" p':l
Schools - Vocational 8243--8299 p P
Security Brokers, Deal- 6211-6289 p P P F
eI'll, Exchanges, Services
Shoe Repair Shops or 7251 P P P P F
Shosshine ParloI'll
Shooting range, indoor 7999
Single-Family Dwe1lingB P. p p p P p1.5 P P
Social Services 8322-6399 I P F
Stone, Clay, Glass and 3221, 3251,
Concrete Products 3253,3255-
3273, 3275,
3281
Storage
Synthetic Materials 2834
Tes t.ing Services
Textile Mill Products 2211-2221,
2241.2259,
2273-2289,
2297,2298
Timeshare Facilities P
Title abst.ract offices 6541
Tow.in Parking Lots 7514, 7515, P 1
7521
LDC2:115
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LDC Amendment Request
ORIGIN: Community Development and Environmental services
AUTHOR: Mike Bosi, AICP
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle Two 2005
LDC PAGE: LDC4: 13-14
LDC SECTION:
4.02.03
LDC SUPPLEMENT #:
Original LDC Recodification (04-41)
CHANGE: Add language to accessory structure setback criterion to establish a benchmark for
the seawall elevation from which the rear yard accessory setback is determined.
REASON: To prevent builders from artificially raising the existing seawall to gain
compliance with the reduced rear yard for accessory structures as provided for in section
4.02.03.A.Table 4 of the LDC
FISCAL & OPERATIONAL IMPACTS:
NA
RELATED CODES OR REGULATIONS:
LDC section 4.02.03.A.Table 4
GROWTH MANAGEMENT PLAN IMPACT: NA
OTHER NOTESNERSION DATE:
This version was created on July 7, 2005
Amend the LDC as follows:
4.02.03
Specific Standards for Location of Accessory Buildings and Structures
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Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront
Lots and Golf Course Lots
Setbacks
Structure to
Front 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 1/1 1
4. Swimming pool and/or screen enclosure (one- and SPS 10 feet ' SPS N
Itwo-family)
5. Swimming pool (multi-family and commercial) SPS 20 15 feet N
feet
6. "T"ennis courts (private) (one- and two-family) SPS 15 SPS 10 feet
feet
7. ""ennis courts (multi-family and commercial) SPS 35 SPS 20 feet
feet
8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 10 feet
feet
(See section 5.03.06(F))
9. Utility buildings SPS SPS 1 0 feet 10 feet
10. Chickee, barbecue areas SPS 10 SPS N
feet
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS
feet
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12. ~ttached 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 or 15 N/A
feet
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 SPS 10 feet
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
II/foot of accessory height = l/foot of building separation.
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,
except Isles of Capri and the Goodland Zoning Overlay which may construct 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 bench mark elevation of the top of seawall cap or top of bank for
determining the setback for the rear yard accessory setback on a parcel shall be no higher than
the average elevation of the top of seawall cap or top of bank on the two immediate adioining
parcels.
4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of
bank, except Isles of Capri and the Goodland Zoning Overlay which may construct 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 bench mark elevation of the top of seawall cap or top of
bank for determining the setback for the rear yard accessory on a parcel shall be no greater than
the average elevation of the top of seawall cap or top of bank on the two immediate adioining
parcels.
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LDC Amendment Request
ORIGIN: Public Comments
AUTHOR: C. Fabacher
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC4:30
LDC SECTION:
4.02.14
LDC SUPPLEMENT #: Supplement 1
CHANGE: Re-titling the section to indicate that Special Treatment (ST) District Standards are
also included in this section.
REASON: Staff notes that several applicants have called because they could not locate the
Design Standards for ST Districts.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: June 15, 2005
Amend the LDC as follows:
4.02.14 Same Deshm 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.
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E. Site alteration plan or site development plan approval required. Prior to the
clearing, alteration, or development of any land designated ST or ACSC-ST, the
property owner or his legally designated agent shall apply for and receive approval
of a site alteration plan or site development plan, as the case may be, by the BCC
as provided in section 4.02.14 F. below.
F. Procedures for site alteration plan or site development plan approval for
development in ST or ACSC-ST designated land.
1. Preapplication conference. Prior to filing a petition for site alteration or
site development approval of ST or ACSC-ST land, the petitioner shall
request and hold a preapplication conference with the planning services
director and appropriate county staff. The pre application conference is for
the purpose of guidance and information, and for ensuring insofar as is
possible, that the petition is in conformity with these regulations. No
petition for the site alteration or site development approval will be
accepted for formal processing until the planning services director has
reviewed the petition to determine that all required data is included; a
minimum of 30 days shall be allowed for this phase of the review process.
County staff shall visit the site, where appropriate.
2. Review and recommendation by planning services director, planning
commission and environmental advisory council. The site alteration plan
or site development plan shall be submitted to the planning services
director who shall have it reviewed by the appropriate county staff. The
planning services director shall then forward the site alteration plan or site
development plan and the county staff recommendations to the planning
commission and the environmental advisory council (EAC) for review and
recommendation. Neither the planning commission nor the EAC review
shall require a public hearing nor notice to the abutting property owners,
but shall be held in a regular meeting. The planning commission and EAC
recommendations and county staff recommendations shall be forwarded to
the BCC for final action.
3. Final action by board of county commissioners. Final action on the site
alteration plan or site development plan lies with the BCC. The board shall
review the proposed site alteration plan or site development plan in regular
session and shall act formally by resolution stipulating reasons for
approval, or approval with modification, or denial of the site alteration
plan or development plan.
4. Other permits required. The petitioner may at any time during the county
review process apply for the appropriate local, state and federal permits for
the alteration or development of the subject property.
5. Commencement of site alteration or site development. Upon obtaining all
required local, state and federal permits in order to alter or develop the
subject property, the petitioner may commence alteration or development
in accordance with the conditions and requirements of said permits.
Submission requirements for site alteration plan or site development plan
approval for development in ST or ACSC-ST designated land. The
following shall be submitted in a petition for site alteration or site
development approval of ST or ACSC-ST land:
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Thomas E. Kuck, P.E., John Houldsworth
DEPARTMENT:
Engineering Services
AMENDMENT CYCLE # OR DATE:
Cycle 1, 2005
LDC PAGE:
LDC4:62
LDC SECTION:
Section 4.03 .02
LDC SUPPLEMENT #:
Original LDC recodification (04-41)
CHANGE:
Add sentence clarifying platting requirement
REASON:
The platting requirement is currently assumed but is not specifically
stated. This amendment provides clarification.
FISCAL & OPERATIONAL IMPACTS:
None
RELATED CODES OR REGULATIONS:
Chapter 177, Florida Statutes
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version was created on December 15,2004 at
2:15 p.m. Amended on Aug. 18 following CCPC comments.
Amend the LDC 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. Any division of land meeting the definition of subdivision which is not otherwise
exempt by this section shall require the filing of a subdivision plat in accordance with the
requirements of Section 10.02.04 ofthis code.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Russell Webb/Ross Gochenaur
DEP ARTMENT: Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
Cycle 2, 2005
LDC PAGE:
LDC 4: and 10:
LDC SECTION:
Sections 4.03.03 and 10.02.01 - 10.02.04
LDC SUPPLEMENT #:
Original LDC re-codification (04-41)
CHANGE: Various portions of the Code dealing with platting policies, procedures and
submittal requirements have been altered or deleted.
REASON: The LDC was previously amended to eliminate mandatory Preliminary
Subdivision Plats (PSP) and allow applicants the option of submitting only the Final Subdivision
Plat (FSP). The intent was to combine the PSP and FSP reviews, but the previous amendment
failed to specify policies, procedures and submittal requirements for accomplishing this. The
current amendment rectifies that oversight, and also deletes language referring to development
orders which no longer exist (e.g., major and minor site development plans).
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE:
12:15 p.m.
This version was created on November 22, 2004 at
Amend the LDC as follows:
4.03.03 Exemptions
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B. lL minor subdivisioB, as defined in Chapter 1, for single family detaehed
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and duplex residential development shall be exempt from thc requiremcnts and
procedures for preliminary subdivision plats; provided, however, nothing containcd
herein shall mcempt such minor subdivision from the requirements and proccdures for
improvement plans and final subdivision plats, and wherc required subdivision
impro','ements are contcmplated, the posting of subdivision performance security. No
building permits shall be issued prior to recordation ofthc final subdivision plat.
C. .^,. minor subdi~,'ision, as defined in Chapter 1 for multi family rcsidential
development and all nonresidcntial development shall be exempt from the requirements
and procedures for preliminary subdivision plats and improvement plans; provided,
however, nothing containcd hercin shall exempt such minor subdivision from the
requirements and procedures for design requircments for access under scction 1.01.00,
',vater managcment plans under Chapter 6, final subdivision plats under the procedures
set forth in Chapter 10, and site development plans undcr procedures sct forth in Chaptcr
10, and where required subdivision improvements are contemplated, thc posting of
subdivision performance security. No building permits shall be issued prior to
recordation of the final subdivision plat.
D. An integrated phased development, as defined in Chapter 1 and vlhich has
been previously approvcd in accordance '.'lith procedures set forth in Chapter 10, shall be
exempt from the requirements, standards and procedures for preliminary subdi~,'isian
plats (Chapter 10) and improvement plans (Chapter 10); provided, however, nothing
contained herein shall exempt such integratcd phased de~,'elopment from the
requirements and procedures for design requiremcnts for aeecss undcr section 1.01.00,
water management plans undcr Chapter 6, final subdivision plats and subdivision
performance security under Chapter 10, and major site developmcnt plans under Chapter
10. No building permits shall be issued prior to recordation of the final subdivision plat.
Thesc provisions shall not require that the interior access within an integrated phased
deyelopment be different from the conditions in Chaptcr 10 applicable to sitc
developmcnt plans.
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10.02.01 Pre-Application Conference Required
A. Subdivision review procedures.
1. Pre application 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.
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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:
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Issues of discussion. Issues that shall be discussed at the preapplication conference
shall include but are not limited to the following:
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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.
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.
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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.
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2. },lirlOr subdivisions for single family detached and duplex residential development. /\.
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minor subdivisioB, as defined in article 6, for single family detached and duplex
residential developmeBt shall be exempt from the requirements and procedures
for preliminary subdivisioB plats; provided, hO',yever, nothing contained herein
shall exempt such minor subdivisioB from the requirements and procedures for
improvement plans and final subdiyisioB plats, and vrhcre required subdivisieB
improvements are contemplated, the posting of subdivisien performance security.
No buildiBg permits shall be issued prior to recordation of the final subdivision
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3. ..Minor subdivisions for multifamily residential and nonrcsidc:<l.tia! development.
/\. minor subdivisien, as defined in article 6, for multiple family residential
developmcnt and all nonresidential development shall be exempt from the
requirements and procedures for preliminary subdivision plats and improvement
plans; proyided, howe';er, nothing contained herein shall exempt such minor
subdivisioB from the requirements and procedures for design requirements for
access under the Collier County Construction Standards Manual, ',vater
management plans under the Collier County Construction Standards Manual, final
subdh'isioB plats under sections 10.02.01 and 10.02.05, and site development
plaBs under section 10.02.03, and '.vhere required subdivision improvements are
contemplated, the posting of subdivisioB performance security. No buildiBg
permits shall be issued prior to recordation of the final subdivisieB plat.
1. Intcgratcd phased de'v'elopments. ..^..n integrated phased (knlopment, as defined
in section 1.08.00 and which has been pre';iously approved in accordance with
section 10.02.01 ",^~.5., shall be exempt from the requirements, standards and
procedures for preliminary subdivisioB plats (section 10.02.01) and improvement
plans (section 10.02.05 E.); proyided, hmvever, nothing contained herein shall
exempt such integrated phased developmeBt from the requirements and
procedures for design requirements for access according to the Collier County
Construction Standards Manual, '.vater management plans according to the Collier
County Construction Standards Manual, final subdh'isioB plats and subdivision
performance security under sections 10.02.01 and 10.02.05, and major site
de~lelopmeBt plans under section 10.02.03. No building permits shall be issued
prior to recordation of the final subdb'isioB plat. These pro';isions shall not
require that the interior access within an integrated phased developmcnt be
different from the conditions in section 10.02.03 applicable to site develepment
plans.
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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
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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.BA
lr.c. Underground construction; utilities, communications and similar
underground construction type activities.
e-od. 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.
Eke. 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 provided by section 5.04.04.
f..&,. Project entryway signs, walls, gates and guardhouses.
g:-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.
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10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements.
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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.
.1. 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:
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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. Such illustrations shall sho\v a typical dwelling unit meeting
required setbacks for a typical lot. For fee-simple residential lots, the
illustration shall portray the type of unit identified by LDC definition and
developer's description to be placed on each lot (example: Lots 1-20,
single-family attached (patio home), and show a typical unit on typical
interior and comer 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 typical 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 &
building envelope. Setbacks required by the approved zoning
classification shall be provided verbatim on the plan in matrix form.
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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. Let areas
and lot dimensions may be shoV,TI on a legend as opposed to a notation on
each lot. A 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.
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4. Effect and limitation of approval of preliminary subdivision plat.
a. Precondition for impro'.:emcnt plt:l1'lS and final subdivision plat. Only after
approval of the preliminary subdivision plat shall the applicant be
entitled to submit to the county the improvement plans and final
subdiyisioB plat as required by this section. No improvement plans or
final subdiyisioB plat shall be accepted for review unless the preliminary
subdivisien plat has been approved and remains valid and in effect.
:&.-a. 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.
v.-b. Time limitations. Refer to the provisions of 10.02.05 A.
d. Rclationship to site deyelopment plans. .^...nything contained elsev/here in
this Code to the contrary notwithstanding, no major final or minor site
de'/elopmeBt plaB may be accepted for concurrent review. with a
preliminary subdi~/isioB plat, however approval shall be withheld until the
preliminary subdivisieB plat is approved except .where no preliminary
subdivision plat is required under u minor subdivision. Further, no final
site develepmeBt plaB ('..vhether minor or final) shall be appro'v'ed prior to
approval of the final plat by the board of commissioners, ho'.vever, no
buildiBg permit will be issued until the plat is recorded, except for
deyelopmeBt amenities such as club houses, swimming pools, guard
houses and the like, upon approval of the plat by the board of county
commissioners and pursuant to submission of a site devclopment plaB, or
a temporary use permit as may be permitted by 5.01.01 of this Code.
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e-: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.
f..d. 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 agreement
between the applicant and the county.
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4. Final subdivision plat submission requirements. The submittal of final plats for which no
preliminary subdivision plat is contemplated must include. apart from the final plat and/or
improvement plans. that information required for review of preliminary subdivision plats in
accordance with Section 10.02.04 A.2. For onlv those final vlats incorporating townhouse
develovment on fee simple lots. the following additional information. prepared by a registered
engineer (and landscape architect for landscape plan). must be provided either separately or in
conjunction with the information required by Section 10.02.04 A.2.:
a. Landscape plans. signed and sealed. in accordance with Section 1O.02.03.B.1.c
b. Zoning data as follows. prepared on maximum size sheets measuring 24 inches by 36
inches. drawn to scale:
1. A coversheet which includes:
a) The name of the development.
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b) The zoning district. and PUD name and ordinance number, if
applicable.
c) A legal description of the property, both prior to, and after, subdivision.
d) The name, address and phone number of the agent preparing the plat,
and the name, address, and phone number of the property owner.
e) A vicinity map, clearly identifying the location of the development.
11. A site plan, providing the following information in table format:
a) Total site acreage.
b) Total square footage of impervious area (including all parking areas,
drive aisles, and internal streets) and its percentage of the total site area.
c) Total number of units, units per acre, and a unit breakdown by square
footage 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 height allowed by ZOnIng district and height
proposed.
f) Zoning and land use of the subject property and adiacent properties,
including properties abutting an adiacent right-of-way or right-of-way
easement.
g) A parking summary, showing number of spaces required, and number
of spaces provided.
h) Preserve area required and provided.
i) Illustrative information (drawing) accurately depicting the following:
1) Name and alignment of existing/proposed rights-of-way of all
streets bordering the development the location of all existing
driveways or access points of the opposite sides of all streets
bordering the development: and the location of all traffic calming
devices.
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2) Location and configuration of all development mgress and
egress points.
3) Location and arrangements of all proposed principal and
accessory structures.
4) Name and alignment of existing/proposed rights-of-way for all
internal streets and alleys.
5) Directional movement of internal vehicular traffic and its
separation from pedestrian traffic.
6) Location of emergency access lanes, fire hydrants and fire lanes
7) Location of all handicapped parking spaces.
8) Location of trash enclosures or compactors, if applicable.
9) Location and proposed heights of proposed walls or fences.
10) Location of sidewalks and pathways, designed in accordance
with Section 1 0.02.03.B.l.i, xiii.
11) Location of sidewalk parking in accordance with Section.
10.02.03.B.l.i.xv.
12) Location of all required preserves with area in square feet.
13) Any additional relevant information as may be required by the
County Manager or his designee.
5. Contents and Substance of Final Subdivision Plat. The final plat itself must shalt 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
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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.
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10.02.04. C Relationship of Plats to Site Development Plans
No site development plan may be accepted for concurrent review with a preliminary
subdivision plat. Once the preliminary 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 may be approved until the final plat receives
administrative approval, and no building 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 Section 1O.02.03.A.2. 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 SDP will be
withheld until the final plat has received administrative approval, and no building
permits may be issued until the final plat has been recorded.
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LDC Amendment ReQuest
ORIGIN: Community Development & Environmental Services
AUTHOR: Michelle Arnold
DEPARTMENT:
Code Enforcement
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC4:77
LDC SECTION:
4.05.03 Specific Parking Requirements for Residential Uses in Mixed
Use Urban Residential Land Use
LDC SUPPLEMENT #: 1
CHANGE: Inclusion of approved stabilized surface types for designated parking areas
associated with residential use.
REASON: Approved stabilized surface types for designated parking areas associated with
residential use were omitted in the adoption of 04-41.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Last Revision Date 7/22/05
Amend the LDC 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:
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 grid
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stabilization system covered by pervious or imperviously treated surface areas
made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking
systems specifically designed designated for the parking of automobiles. The
designated parking area wffieft 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 pervious or impervieus surface 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 pervious or impervieusly treated surface
areas made of concrete, crushed stone, asphalt, pavers or turf parking systems
specifically designated for the parking of automobiles. The desi€ffiated parking
area shall which muy not comprise an area greater than fifty (50%) percent of any
required front yard,~ except that this shall which, nonetheless will not serve to
limit a driveway to a width te of less than twenty (20) feet,:. aH6----a Separate
driveway~ may be provided on each side of the two-family structure:,but, in no
case, shall the combined area of both driveways and any other designated parking
areas exceed fifty (50) percent of any required 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 pervious or
impeniously treated stabilized surface areas made of concrete, crushed stone,
asphalt, pavers or turf parking systems designated for the parking and storing of
automobiles. Pervious or imperviousl)' treated surfuc6 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.
D. Where multi-family structures consist of single-family attached (Le. row
houses) dwelling units each with its own driveway to a common access-way,
public or private street, all parking of automobiles shall be limited to the
driveway and or garage combination.
E. Automobiles parked and/or stored in connection with residential dwelling units~
as described above~ shall be owned by the occupants of the dwelling unit or units~
unless the vehicle is owned by a firm, corporation or entity for which a dwelling
unit occupant is employed. This provision shall not be construed to apply to
automobile vehicles owned by persons or business firms at the site for social or
business purposes.
F. No other portion of a front yard may be used to park or store automobiles
including that portion of the right-of-way not directly a part of the designated
driveway or designated parking areas.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner
Landscape Amendment Review Committee
DEP ARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2005- Cycle 2
LDC PAGE: 4:97
LDC/UDC SECTION: LDC section 4.06.02. Table 2.4.
LDC SUPPLEMENT #: TBD
CHANGE: To clarify Type "A" and Type "B" Buffer within PUD's.
REASON: Flexibility should be allowed in Type A and Type B landscape buffers for
residential PUD'S that have lakes that occur between single family and multi-family
developments.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None.
OTHER NOTES:
Amend the LDC as follows:
4.06.02.C.l
Types 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 an Alternative A buffer is located within a residential PUD and adiacent to a lake,
the required trees may be clustered on common property lines to provide views.
Clustered tree plantings shall not exceed 60 feet between clusters.
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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 plantings
shall not exceed 60 feet between clusters and the clustered hedge plantings can be
provided as a double row of shrubs that are a minimum of 30 inches in height. When the
adiacent lake exceeds 1500 feet in width the hedge planting shall not be required.
3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot
wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees
spaced no more than 30 feet on center. Projects located within the Golden Gate
Neighborhood center district shall be exempt from the right-of-way requirement of a six-
foot wall, fence, hedge, berm or combination thereof. These projects shall provide a
meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the
25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground
covers other than grass.
4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way
external to the development project and adjacent to any primary access roads internal to a
commercial development. Said landscape buffer shall be consistent with the provisions of
the Collier County Streetscape Master Plan, which is incorporated by reference herein.
The minimum width of the perimeter landscape buffer shall vary according to the
ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way
is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in
width. Where the ultimate width of the right-of-way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width. Developments of
15 acres or more and developments within an activity center shall provide a perimeter
landscape buffer of at least 20 feet in width regardless of the width of the right-of-way.
Activity center right-of-way buffer width requirements shall not be applicable to
roadways internal to the development.
a. Trees shall be spaced no more than 30 feet on center in the landscape buffer
abutting a right-of-way or primary access road internal to a commercial
development.
b. A continuous three gallon double row hedge spaced three feet on center of at least
24 inches in height at the time of planting and attaining a minimum of three feet
height within one year shall be required in the landscape buffer where vehicular
areas are adjacent to the road right-of-way, pursuant to section 4.06.05 CA.
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c. Where a fence or wall fronts an arterial or collector road as described by the
transportation circulation element of the growth management plan, a continuous
three gallon single row hedge a minimum of 24 inches in height spaced three feet
on center, shall be planted along the right-of-way side of the fence. The required
trees shall be located on the side of the fence facing the right-of-way. Every effort
shall be made to undulate the wall and landscaping design incorporating trees,
shrubs, and ground cover into the design. It is not the intent of this requirement to
obscure from view decorative elements such as emblems, tile, molding and
wrought iron.
d. The remaining area of the required landscape buffer must contain only existing
native vegetation, grass, ground cover, or other landscape treatment. Every effort
should be made to preserve, retain and incorporate the existing native vegetation
in these areas.
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LDC Amendment Reauest
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner
Landscape Amendment Review Committee
DEP ARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2005- Cycle 2
LDC PAGE: 4:112
LDC/UDC SECTION: LDC section 4.06.05.C.7.
LDC SUPPLEMENT #: TBD
CHANGE: To clarify this section of the code and limit the use of synthetic (man made) turf.
REASON: The use of synthetic turf systems has detrimental impacts on the landscape.
The compacted base and synthetic cover creates impervious areas, increases heat gain,
eliminates on-site water quality treatment of storm water runoff, and has the potential to
severely increase peak flow runoff. Natural turf benefits our environment by producing
oxygen, absorbing pollutants, and recharging aquifers. Synthetic turf systems do not
provide these benefits.
FISCAL & OPERA TIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None.
OTHER NOTES: Other communities prohibit the use of man made (synthetic) turf products
due to water management, aesthetic, and environmental issues.
Amend the LDC as follows:
4.06.05 C.7.
Lawn grass. Grassed areas shall be planted with species normally grown in permanent lawns
common to the Collier County area.. Grassed areas may be sodded, plugged, sprigged, or seeded
provided solid sod shall be used in swales or other areas subject to erosion and provided further,
in areas '.vhere other than solid sod or grass seed is used, nursegrass seed shall be sovm for
immediate ground coverage until permanent coverage is achieved. The use of drought tolerant
species is adyised.
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Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use
as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs,
or seed installation methods. All water management areas and slopes steeper than 6:1 (6
horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged.
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. Water run-off shall be contained on site for any recreation areas containing
synthetic turf.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services
AUTHOR: Michael Sawyer, Senior Planner
Landscape Amendment Review Committee
DEP ARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE:
2005- Cycle 2
LDC PAGE: 4:112
LDC/UDC SECTION: LDC section 4.06.05.1.
LDC SUPPLEMENT #: TBD
CHANGE: To require specific landscape techniques and engineering standards based on
slope conditions.
REASON: The LDC does not link slope conditions with appropriate landscape treatments and
engineering standards. The current trend in compact site development often requires the use of
steep slopes. Flexibility is needed when steep slopes are used with appropriate engineering safe
guards and landscape techniques to address health, safety, welfare, and aesthetic issues.
FISCAL & OPERATIONAL IMPACTS: There will be additional costs for the landscape and
engineering treatments required by this regulation however additional development will be
possible through the proper use of steeper slopes.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES: None.
Amend the LDC as follows:
4.06.05.
1. Landscape berms. fJI perimeter landscape berms oyer two feet in height shall meet or
exceed the minimum standards as set forth herein. .^JI grassed berms shall haye side
slopes no greater than four to one. Berms planted v.'ith ground cover and landscaping
shall have side slopes no greater than threc to one. The toe of the slope shall be sct back a
minimum of fi..;e feet from the edge of all right of '.yay and property lines. Existing natiye
vegetation shall be incorporated into the berms '.vith all slopes fully stabilized and
landscaped vlith trees, shrubs, and ground cover. Landscape berms shall not be placed
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within easements without ':ffitten approyal from all entities claiming an interest under
said casement.
a;. Landscape berms located adjacent to Interstate 75 right of vlay (I 75). Berms located
adjacent to I 75 right of way may have a maximum slope of2:1. Sueh berms shall be
planted with nati'.'c ground cover over a erosion control fabric, and native trees placed
at 25 feet on center, equal in height to the height of the berm and located within a
minimum ten foot wide level planting area.
1. Treatment of Slopes: The following landscape and engineering 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.
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a. Slopes adiacent to required preserve areas shall be planted with 100% Florida native species,
shall provide swales to direct water flow away from preserves, and meet set backs as required by
section 3.05.07.8.3. of this code.
b. Perimeter water management walls shall not exceed 3 feet in height and shall be set back from
property lines a minimum of 2 feet. In addition when water management walls are located in
landscape buffers the walls shall be consistent with section 4.06.02.D of this code. All water
management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4
below.
c. Water management areas with continuous vertical walls exceeding 20 feet in len\2th and/or open
vaults are prohibited.
d. Vertical Retaining Wall requirements and standards do not apply to headwalls or bridge
abutments.
e. Architectural finish requires color, texture, and materials that are in common with those used on
surrounding structures. Exposed concrete walls are prohibited. Natural appearance requires
color, texture, and materials that mimic or occur in nature.
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Slope Cross-Sections 4.06.05.1.
Lt:l.IS"NG
_ ___ _ _ _'_ _ o....-CROUND
PERIMETER BERM
ALTERNATIVE>> /i:'
ILT".
~
f,M::( Of OABI01" SHAU BE:
PI.Alm:O TO PROVIDE 80"
OPA,CifY WITHIN 'ON.E ,YEAR.
F FACE 'S~OT PlAHTED.
CA.BItIN fiiHAtL "li; SET B~CIC
2' 1lI1N, fROM PROPERTY UNE
/El(ISTI~G
--'. _GROUND
PlAN11NIl
MEA.
PERIMETER BERM
AL TERNA TlVE to 8"
HiT'"
r
/P",""N<l
I MEA
PERIMETER BERM
ALTERNATIVE to c:
kU.
PWfflNG
AREA
.'
.'
10:1 {LWC.}
10,1 (""",)
I
------------t------------
PERIMETER BERM
ALTERNATIVE "0"
...1.5.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: David Weeks
DEP ARTMENT: Comprehensive Planning
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC4:120
LDC SECTION:
4.07.02
LDC SUPPLEMENT #: Supplement 1
CHANGE: Provide for additional circumstances where there is no minimum size requirement
for a PUD; clarify which urban fringe area is subject to no minimum PUD size requirement;
clarify PUD size requirement for portion of PUD separated by intervening street; and, define
"infill parcels" that are subject to the two acre minimum size requirement.
REASON: Some provisions in the Future Land Use Element (FLUE), Golden Gate Area
Master Plan (GGAMP), and Imrnokalee Area Master Plan encourage PUD zoning and/or contain
criteria that are more easily implemented through rezoning to the PUD zoning district. Some
properties that could implement these GMP provisions are less than ten acres in size. Also, the
neighborhood centers are similar to activity centers in that they allow a variety of commercial
development and mixture of uses. One PUD rezone has been approved for property less than ten
acres, located in a GGAMP neighborhood center.
The Urban Coastal Fringe Subdistrict in the FLUE specifically encourages PUD zoning;
however, the Urban Residential Fringe Subdistrict does not. There is no compelling reason to
allow PUDs less than ten acres in size within the Urban Residential Fringe Subdistrict.
There is no definition of "infill parcels" in the LDC or GMP. The proposed definition reflects
past implementation of that term via PUD rezone approvals. Most "infill" properties rezoned to
PUD utilized the Residential Infill density bonus provided in the FLUE, or were located within a
Subdistrict in the FLUE or GGAMP with the word "Infill" in the title. However, at least one
property was rezoned under neither of those scenarios but was adj acent to development on both
sides. The proposed definition does not include reference to the Residential Infill density bonus,
as deletion of that provision is included in the pending EAR (Evaluation and Appraisal Report)-
based GMP amendments.
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This section presently provides that a portion of a PUD separated by street right-of-way has a
five-acre minimum size requirement; however, it also allows an entire PUD to either have a two-
acre minimum size or no size requirement at all.
FISCAL & OPERATIONAL IMP ACTS: There are no fiscal impacts to either Collier County
or the public. Petitioners pursuing PUD rezones allowed by this amendment are subject to
payment of petition fees intended to cover the costs incurred by the County for the process and
review of those petitions.
RELATED CODES OR REGULATIONS: Future Land Use Element, Golden Gate Area
Master Plan Element, and Immokalee Area Master Plan Element of the Growth Management
Plan.
GROWTH MANAGEMENT PLAN IMP ACT: Approval of this amendment will help to
facilitate the rezone of property to implement development provisions contained in the GMP.
OTHER NOTESNERSION DATE: This version created on July 25, 2005.
Amend the LDC as follows:
4.07.00
DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS
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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
designated on the golden gate area master plan future land use map or Immokalee area
master plan future land use map of the GMP. or when implementing the residential
mixed use neighborhood 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 defined in Chapter I and the GMP, the minimum area required
for a PUD shall be two (2) contiguous acres. For purposes of the planned unit
development district only, the term "infill parcels" shall refer to property
implementing any of the infill subdistricts identified in the future land use element or
golden gate area master plan element of the GMP. or property sharing at least two
common boundaries with parcels that are developed.
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3. For a PUD subiect to the minimum area requirement often (0) contiguous acres, an
exception shall be made for properties separated by either an intervening planned or
developed public street rif!ht-of-way: 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 by either an intervening planned or developed
public street right-of-way. For a PUD with no minimum area requirement, as
identified in section 4.07.02.A.L that PUD may include properties separated by
either an intervening planned or developed public street rif!ht-of-way.
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LDC Amendment ReQuest
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Keith Scamehorn R.A. A.I.A.,Urban Design Planner
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC5 :49
LDC SECTION:
5.05.08.C.13 .c.i
LDC SUPPLEMENT #: Supplement 2
CHANGE: delete one word "reflective"
REASON: Misunderstanding clarification.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version was created on November 10,2004, revised
on 080805.
Amend the LDC as follows:
5.05.08 Architectural and Site Design Standards
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C. Building Design Standards
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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.
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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.
c. Exterior building materials (excluding roofs). The following building
finish materials are limited to no more than 33 percent of the facade area:
i. Corrugated, or reflective 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.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Keith Scamehorn R.A. A.I.A.,Urban Design Planner
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC5:58
LDC SECTION:
5.05.08.E.2.f.
LDC SUPPLEMENT #:
CHANGE: Sidewalk width from six feet to five feet.
REASON: Match LDC 6.06.02 and ADA requirements
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version was created on November 10, 2004 and
revised on 080905.
Amend the LDC as follows:
Section 5.05.08 Architectural and Site Design Standards
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.
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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.
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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
s* 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 feet wide 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.
11. 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.
g. Pedestrian crosswalks. Standard crosswalks must be installed at stop-
controlled-crossings. Uncontrolled crossings must be high visibility
longitudinal lines as shown in the Florida Department of
Transportation Roadway and Traffic Design Standards.
h. Shade and site amenities.
i. Pedestrian pathways must provide intermittent shaded
areas when the walkway exceeds 50 linear feet in
length at a minimum ratio of one shade canopy tree
per every 50 linear feet of walkway. The required
shade trees must be located no more than ten feet
from edge of the sidewalk.
11. Development plans must include site amenities that
enhance safety and convenience and promote walking
or bicycling as an alternative means of transportation.
Site amenities may include bike racks (as required by
Section 4.05.08 of this Code), drinking fountains,
canopies and benches.
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LDC Amendment Request
ORIGIN: Building Review & Permitting
AUTHOR: Diana Compagnone
DEP ARTMENT:
Building Review & Permitting
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC5:108-109
LDC SECTION:
Amend 5.06.04
LDC SUPPLEMENT #: Supplement 2
CHANGE: Adding specifications for pole covering and landscaping of ground signs. Also
cross referencing standards for Collier County lands sign permitted under section 2.01.02 of this
code.
REASON: Clarifying ground sign specifications.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: None
Amend the LDC as follows:
5.06.04 Sign Standards for Specific Situations
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C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nonresidentially 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 comer lots, shall be permitted one pole or ground sign.
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Additional pole or ground signs may be permitted provided that there is a
minimum of a 1,000-foot separation between such signs, and all setback
requirements are met. In no case shall the number of pole or ground signs
exceed two per street frontage.
a. Maximum allowable height. All pole or ground signs within
nonresidential zoned districts and as applicable to nonresidential
designated portions of PUD zoned properties are limited to a
maximum height of 15 feet when located along an arterial or
collector roadway and 12 feet for all other roads, except as provided
in this Code for pole or ground. Height shall be measured from the
lowest centerline grade of the nearest public or private R.O.W. or
easement to the uppermost portion of the sign structure.
b. Minimum setback. All pole or ground signs within nonresidential
zoned districts and as applicable to nonresidential designated
portions of PUD zoned properties shall not be located closer than ten
feet from the property line.
c. Maximum allowable sign area: 80 square feet for pole or ground
signs located along an arterial or collector roadway and 60 square
feet for all other roads.
d. The location of all permanent pole, ground signs shall be shown on
the landscape plans as required by section 4.06.05 H.
e. Pole signs shall provide a pole cover no less than 50 percent of the
width of the sign, with architectural design features including colors
and/or materials common to those used in the design of the building
the sign is accessory to. A minimum 100 square foot planting area
shall be provided around the base of any ground or pole sign,
consistent with the provisions of this section of this Code,
development of landscaping shall be approved by the County
consistent with Section 4.06.03 A. of the LDC.
f. Ground signs for smaller lots. Single-occupancy parcels, shopping
centers, office complexes, business parks, and industrial parks may
be issued a sign permit for one ground sign provided that the
following minimum requirements are met, as applicable:
i. For those lots or parcels with public road frontage of no less
than 100 feet, but up to 149.9 feet, or a combined public
street frontage of no less than 150 feet but less than 219.9 feet
for corner lots or parcels:
a) No portion of the ground sign may be located closer
than 10 feet from any property line;
b) A planting area of no less than 100 square feet shall
be provided around the base of the ground sign;
c) The ground sign's architectural design, construction,
and color shall include features common to those used
in the design of the building where the corresponding
business requesting the sign is accessory to;
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d) The ground sign may be double-sided but cannot be
placed in a V -shape, and must display identical copy
on both faces;
e) Any illumination of the sign must be non-revolving
and shine away from any right-or-way, and shall
require an electrical permit.
f) The street address for the business( es) shall be
displayed in numerals at least 8 inches high on all
faces of the sign and must be located so as to not be
covered by landscaping or other impediments; and
g) No other free-standing signs will be allowed on the
same lot or parcel.
ii. In addition, for those lots or parcels with frontage of 121 to
149.9 feet, or a combined public street frontage of no less
than 150 feet for comer lots or parcels but less than 219.9
feet:
a) The ground sign shall be limited to 8 feet in height, as
measured from the lowest centerline grade of the
nearest public road to the uppermost portion of the
sign structure regardless of the roadway classification;
and
b) The maximum allowable sign area is 32 square feet
iii. In addition, for those lots or parcels with frontage of 100 to
120.9 feet:
a) The ground sign shall be limited to 6 feet in height, as
measured from the lowest centerline grade of the
nearest public road to the uppermost portion of the
sign structure regardless of the roadway classification;
and
The maximum allowable sign area is 16 square feet.
2. Ground signs shall provide a pole cover no less than 50 percent of
the width of the sign, with architectural design features including
colors and/or materials common to those used in the design of the
building to which the sign is appurtenant. A minimum 100 square
foot planting area shall be provided around the base of any ground or
pole sign, consistent with the provisions of this section of this Code.
Development of sign planting area landscaping shall be pursuant to
Section 4.06.03 A. of this Code.
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11. Conservation Collier signs. In addition to other signs allowed by this code. lands
acquired for the Conservation Collier Program shall be allowed to have one
ground sign having a maximum height of 8 feet and a maximum sign area of 32
square feet to identify the main preserve entrance. This sign shall require a permit
and shall be allowed if there is no principle structure on the property.
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H:.-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.
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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 building permit
or until the issuance of a permit for the permanent sign, whichever
occurs first. A temporary use permit will not be issued until a
building permit for the principal 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.
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LDC Amendment Reauest
ORIGIN: CDES/Transportation Staff
AUTHOR: Russ Muller, Nick Casalanguida & Patrick White
DEP ARTMENT: CDES Transportation Engineering Review-Transportation Planning
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC6:25
LDC SECTION:
6.06.03
LDC SUPPLEMENT #: Supplement 1
CHANGE Add requirement for full cut-off lighting fixtures, remove footcandle
reference for internal intersections and clarify entry lighting measurements
REASON: Full cut-off fixtures are proposed to be added to reduce glare and sky glow
concerns. Other changes are to clarify industry standard lighting measurements, specifically
provide for regulations at access/entry points to developments.
FISCAL & OPERATIONAL IMPACTS: The proper use of roadway lighting as an
operative tool provides economic and social benefits to the public including:
1. Reduction in number and severity of night-time accidents, attendant human misery,
and economic loss
2. Aid to police protection and security.
3. Facilitate traffic flow.
4. Promote business and public facilities during night hours
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: This version created on July 1,2005.
Amend the LDC 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 exceed 100 feet
and at the end of each cul-de-sac.:, and may be required at intervals along each
street. Such lights may be required on intorior streets, alleys, boundary streets,
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aeeess paths and the like. The IES standards for this street lighting are.; tper
IESNA RP 8.00hexcept as below:
1. A minimum of 1.1 foot candles at the center of each internal project
intersection is required.
2. .^... minimum of 1.1 foot candles along internal roadv;ays is recommcnded
but not required.
B. At the entry/exit of any subdivision located on a public County 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 of2.0 foot candles and maximum of 5.0 foot candles.
2. .\t the centerline of the entrance road and a minimum of right of way line,
the illumination level shall be a minimum of 3.5 foot candles. A full
cutoff fixture is required on both sides of each entry or exit outside of the
intersecting public right-of-way.
C. ~\ll light levels shall be measured at a minimum of approximately four (1) feet
above the pavement on a moonless night. All sidewalks not directly lighted by
street lighting that interconnect developments must be lighted to pedestrian level
standards per IESNA RP-8-00.
D. Wherever, in the opinion of the County Manager or designee, based on an
engineer's determination, a dangerous condition is created by sharp curves,
irregularities in street alignment, or other similar circumstances, additional lights
may be required.
E. Streetlights and mounting poles shall be wired for underground service. All
conduits and casing to be placed under the roadway required for the lights must be
installed during each construction phase prior to roadway subbase completion.
F. Streetlights shall be designed and installed in either of two (2) ways:
1. Where streetlights are to be installed on private streets, the developer,
through an electrical engineer registered in the State of Florida, shall
design and install the street lighting system subject to the approval of the
County Manager or designee. Upon completion of the streetlights, they
shall be owned, operated, and maintained by the property owners I
association, a condominium association, cooperative association, or other
similar entity, or the public utility furnishing the electric service.
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2. Where the streetlights are to be installed on public streets, the developer
may elect to initiate a municipal services benefit or taxing unit in
coordination with the County Manager or designee in order to provide
street lighting. If the municipal services benefit or taxing unit is approved
by the BCC, the County Manager or designee shall authorize the public
utility to design, install, and maintain the street lighting system at no cost
to the County's general fund. If no municipal services benefit or taxing
unit is created for public streets, the provision of this section shall govern
the design, construction, and maintenance of streetlights.
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LDC Amendment ReQuest
ORIGIN: BCC Directed
AUTHOR: Marjorie M. Student-Stirling
DEPARTMENT:
County Attorney's Office
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC9:11
LDC SECTION:
9.04.02
LDC SUPPLEMENT #: Supplement 1
CHANGE: Establishing a variance to allow some removal of/impacts to protected
mangrove stands in Plantation Island Subdivision Units One Two and Three to allow
limited development pursuant to Agreement {s 380..032(3)} between the BCC and the
Florida Department of Community Affairs.
REASON: To avoid a takings claim.
FISCAL & OPERATIONAL IMP ACTS: None
RELATED CODES OR REGULATIONS: Section 9.04.00
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: June 15,2005
Amend the LDC 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, regardless of predevelopment vegetation,
on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation
Island Unit Three Subdivision (unrecorded.)
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B. Variances for site alterations. regardless of predevelopment vegetation, on
lots within the Plantation Island Unit One. Unit Two and Unit Three
subdivisions (unrecorded).
1. Pursuant to the & 380.032(3) Agreement between the Board of
County Commissioners and the Department of Community Affairs
dated April 26. 2005. regarding Plantation Island Subdivision
within the Big 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.
including dredging and filling. of up to 2.500 square feet.
regardless of predevelopment vegetation. on a group of adiacent
lots under common ownership. including on a single 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. Range 29 East. in Collier County. Florida utilizing the
procedure as set forth in Section 9.04.03 of the Land Development
Code and where the proposed development is designed consistent
with Big Cypress Critical Area regulations to have a minimum
adverse impact on the critical area's water storage capacity. surface
water and estuarine fisheries as authorized by Rule 28-25.01 L
Florida Administrative Code.
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LDC Amendment ReQuest
ORIGIN: CDES
AUTHOR: Barbara Burgeson and Susan Mason
DEP ARTMENT: Environmental Services
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDCIO:89
LDC SECTION:
10.02.06 D
LDC SUPPLEMENT #: Supplement 1
CHANGE: Change from 10 to 25 years the time required for rezoning after clearing for
agricultural use without requiring recreation of native vegetation to make consistent with the
GMP.
REASON: To have this Section ofthe LDC consistent with the GMP
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Growth Management Plan.
GROWTH MANAGEMENT PLAN IMP ACT: This change makes the LDC consistent with
the GMP.
OTHER NOTESNERSION DATE:
Amend the LDC as follows:
10.02.06 Submittal Requirements for Permits
D. Agricultural land clearing.
I. 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 D.l.f. of this Code.
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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:
1. If an ST or ACSC-ST overlay is attached to the zoning of the
property, an ST development permit has been issued by the
County Manager or his designee. The ST or ACSC-ST permit
review shall be in accordance with Collier County Land
development Code Chapter 2, section 2.03.07 and may be
simultaneously reviewed with the agricultural clearing permit
application.
11. The application, including generalized vegetation inventory and
clearing plan as outlined in section 10.02.06 C.2.a. and site
visit (if required) confirm that the proposed use is consistent
with the requirement of the zoning district as a bona fide
agricultural use and the applicant has been informed of the
rezoning restriction which granting the permit shall place on
his property.
iii. The applicant has obtained and produced a copy of the South
Florida Water Management District (SFWMD) consumptive
water use permit or exemption, if required by SFWMD.
IV. The applicant has obtained and produced a copy of the South
Florida Water Management District surface water management
permit or exemption, if required by SFWMD.
v. The applicant has obtained and produced a copy of the United
States Army Corps of Engineers (ACOE) permit or exemption,
if required by the ACOE.
Vi. The applicant has submitted data relating to wetland impacts
and protected wildlife species habitat subject to Collier County
growth management plan, conservation and coastal
management element policies 6.2.9, 6.2.1 0 and objective 7.3
and associated policies and Collier County Land Development
Code section 3.04.00. This data will be required only when the
county's on-site inspection indicates that there are potential or
actual impacts to wetlands and to protected federally and state
listed wildlife habitat.
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Vl1. The 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 tefl-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.
V1ll. 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 tell twenty-
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 tefl twenty-five years, the
converted land shall be restored with native vegetation to the
degree required by this Code.
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LDC Amendment ReQuest
ORIGIN: Comprehensive Planning
AUTHOR: David Weeks
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE:
LDCIO:135
LDC SECTION:
10.02.13
LDC SUPPLEMENT #: Supplement 1
CHANGE: Correcting incorrect cite from re-codification.
REASON: Above
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: N/A
GROWTH MANAGEMENT PLAN IMPACT: N/A
OTHER NOTESNERSION DATE: June 15, 2005
Amend the LDC as follows:
10.02.13
Planned Unit Development (PUD) Procedures
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E. Changes and amendments
1. Substantial/insubstantial changes. Any substantial change(s) 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 change(s) 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:
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LDC Amendment Reauest
ORIGIN: Board directed
AUTHOR: C. Fabacher
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE #: Cycle 2, 2005
LDC PAGE: LDCIO:114
LDC SECTION: LDC Section 10.03.05
LDC SUPPLEMENT #: Supplement 1
CHANGE: Extend the area of required public notification to property owners in areas not
designated as urban on the Future Land Use Map (FLUM) from 1,000 linear feet to 1,500 linear
feet for PUD rezoning extension, rezoning and conditional use applications for subject properties
located outside of areas designates as urban on the FLUM.
REASON: To increase the distance for required public notification for subject properties that
are located within lands not designated urban on the FLUM. This particularly applies to areas
designated estates and rural areas where, due to lot sizes that range from 5 acres to 2.5 acres to
1.1 acres, the current 1,000 linear foot range generates less property owners than could be
desired.
FISCAL & OPERATIONAL IMPACTS: Dependent upon the location of property not
designated urban on the FLUM in relation to areas designated, the list of property owners to be
notified can be quite extensive. This will significantly increase staff time devoted to this process;
however, applicants responsible for mailing out notification letters could see a significant
increase in postage fees and County fees for providing names and addresses of property owners
within the notification range as plotted on the GIS system from the Property Assessor's database.
RELATED CODES OR REGULATIONS: 10.03.05 A., B., D., E., and F. for rezonings, PUD
rezoning extensions and conditional uses. This would not apply to variance
petitions/applications; therefore, separate provisions need to be created to pull variance
notification requirements out of the notification requirements for rezonings, PUD rezonIng
extensions and conditional uses.
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: July 25, 2005, August 16,2005, August 24, 2005.
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Amend the LDC 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
A. Notice and public hearing where proposed amendment would not change zoning
classification of land. Ordinances or resolutions initiated by the board of county
commissioners or its designee which do not actually change the official zoning
atlas (the zoning designation applicable to a piece of property) but do affect the
use of land, including, but not limited to, land development regulations as defined
in F.S. ~ 163.3202, regardless of the percentage of the total land area of the county
actually affected, shall be enacted or amended pursuant to the following public
notice and hearing requirements by the planning commission and the board of
county commissioners:
1. The planning commission shall hold one advertised public hearing on the
proposed ordinance or resolution. No request for establishment or
amendment of a regulation that affects the use of land may be considered
by the planning commission until such time as notice of a public hearing
on the proposed amendment has been given to the citizens of Collier
County by publication of a notice of the hearing in a newspaper of general
circulation in the county, at least 15 days in advance of the public hearing.
2. The board of county commissioners shall hold at least one advertised
public hearings on the proposed ordinance or resolution. The regular
enactment procedure for such ordinance or resolution shall be as follows:
The board of county commissioners at any regular or special meeting may
enact or amend the ordinance or resolution if notice of intent to same is
given at least 10 days prior to said meeting by publication in a newspaper
of general circulation in the county. A copy of such notice shall be kept
available for public inspection during regular business hours of the office
of clerk to the board of county commissioners. The notice of proposed
enactment shall state the date, time and place of the meeting, the title of
the proposed ordinance or resolution, and the place or places within the
county where such proposed ordinance or resolution may be inspected by
the public. The notice shall also advise that interested parties may appear
at the meeting and be heard with respect to the proposed ordinance or
resolution.
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
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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 twice. The first notice shall be sent no less than 30 days after
the receipt of a sufficient application by the county manager or designee.
The second notice shall be sent at least 15 days in advance of the hearing.
Both notices 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 boundaries of the entire ownership or PUD, except that
notice 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.
9. For subject properties located within areas of the future land use element
of the growth management plan that are not designated urban, all of the
foregoing notice requirements apply, except that written notification must
be sent to all property owners within 1,000 linear feet of 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 formally
requested the county to be notified.
10. For subiect properties not designated urban on the future land use map of
the growth management plan. all of the foregoing provisions and notice
requirements apply. except that written notification must be sent: to all
property owners whose land lies within a 1.500 linear foot radius of the
boundaries of 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 formally requested the county to be notified.
Mll. Notice of the time and place of the public hearing by the board of county
commissioners shall be advertised in a newspaper of general circulation in
the county at least one time at least 15 days prior to the public hearing.
t-l12. The clerk to the board of county commissioners shall notify by mail each
real property owner whose land is subj ect to rezoning, or PUD
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amendment, and whose address is known by reference to the latest ad
valorem tax records. The notice shall state the substance of the proposed
ordinance or resolution. Such notice shall be given at least 15 days prior to
the date set for the public hearing, and a copy of such notices shall be kept
available for public inspection during the regular business hours of the
clerk to the board of county commissioners.
Y13. The board of county commissioners shall hold one advertised public
hearing on the proposed ordinance or resolution and may, upon the
conclusion of the hearing, immediately adopt the ordinance or resolution.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Catherine Fabacher, Principal Planner, LDC
DEP ARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDCI0:140
LDCIUDC SECTION:
10.03.05 B.8.
LDC SUPPLEMENT #:
Supplement 1
CHANGE: Change the time of the required notices to be mailed by the Department of Zoning
& Land Development Review to property owners within 500 feet of subject property "no less
than 21 days after receipt of a sufficient application" to "no less than 15 days after receipt after
receipt of a sufficient application."
REASON: The 21 day notice must often be mailed out prior to the publication of the legal
advertisement in a newspaper of general circulation. Frequently, times and dates of meeting,
agendas and notifications change between the mailing of notices and publication of the legal
notice in the newspaper. To eliminate inconsistency between notices letters and legal ads, the
required notification period for mail outs from the County is being changed to "no less than 15
days after receipt of sufficient application." In practice, the old 15 day notices were generally
sent out 18 days after receipt.
FISCAL & OPERATIONAL IMPACTS: Implementation would eliminate notification errors
to property owners and inconsistency between the notice letter and legal notice published in the
paper
RELATED CODES OR REGULATIONS: LDC Sections 10.03.05 E. (Public Participation
requirements for rezonings, PUD amendments, conditional uses, variances and parking
exemptions)
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE:
4:43 p.m.
This version was created on September 23, 2005 at
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Amend the LDC as follows:
10.03.05 Notice Requirements for Public Hearings Before the Bee, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation
Board
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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.
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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 U U 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 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.
120 Text underlined is new text to be added
Text strikethrough is eurreRt text to be deleted
LDC Amendment Request
ORIGIN: Staff Request
AUTHOR: Ray Bellows
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDCPAGE: LDCIO:175
LDC SECTION:
Section 10.08.00 Conditional Use Procedures
LDC SUPPLEMENT #: Supplement 1
CHANGE: Require notice of closed status of application for a conditional use by certified mail.
REASON: Clarification of the notification process.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: July 20,2005
Amend the LDC 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, by certified mail. return receipt requested:
however, failure to notify by the county shall not eliminate the "closed" status of a
121 Text underlined is new text to be added
Text strikethrough is ellrreRt text to be deleted
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.
122 Text underlined is new text to be added
Text strikethrangh is enrreat text ta lJ~ deleted
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LDC Amendment Reauest
ORIGIN: Community Development and Environmental Services Division
AUTHOR:
Cormac Giblin, Housing and Grants Manager
DEPARTMENT: Operational Support and Housing
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC SECTION:
1.08.02 - Definitions
LDC SUPPLEMENT #:
CHANGE: Increase the limits of Affordable-Workforce Housing up to 150% of median income.
REASON: BCC Direction to address housing afford ability for higher incomes than traditionally
assisted.
FISCAL & OPERATIONAL I.MPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: This version was approved and recommended for approval by
the DSAC and the Affordable Housing Commission.
Created on January 24, 2006 (date) at 10:16am (time)
Amend the LDC as follows:
1.08.02 Definitions
Housing, affordable-workforce: means residential dwelling units with a monthly rent or monthly mortgage
payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which
represents a range of median adjusted gross annual income (median income) for households as published
annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan
Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets:
Rental workforce housing less than 50 percent of median income otherwise considered to be "very-low
income" .
Rental workforce housing less than 51 percent--60 percent of median income, otherwise considered to be
"low income".
Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be
"very-low income".
Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be
"low income".
123
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Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be
"low income".
Owner occupied workforce housing: 81 percent--l00 percent of median income, otherwise considered to be
"moderate income".
Owner occupied workforce housing: 1 0 1 percent--1S0 percent of median income, otherwise considered to
be "moderate income",
The term affordable housing is specifically intended to include affordable-workforce housing.
The term "affordable-workforce housing" is specifically intended to include similar categories, such as
"Gap Housing", "Essential Personnel Housing", and "Reasonably Priced Housing".
124
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Text stril(ethrough is current text to be deleted
Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be
"low income".
Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be
"low income".
Owner occupied workforce housing: 81 percent--l00 percent of median income, otherwise considered to be
"moderate income".
The term affordable housing is specifically intended to include affordable-workforce housing.
Housing. Gav: means residential dwelling units with a monthly rent or monthly mortgage payment,
including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a
range of median adiusted gross annual income (median income) for households as published annually by
the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area
(MSA) (See section 2.05.02), specifically including the following subset:
Owner occupied gap housing: 101 percent--150 percent of median income.
The term "gap housing: 101 percent--150 percent of median income" is specifically intended to include
similar categories, such as "Essential Personnel Housing", "Professional Housing", and "Reasonably
Priced Housing". Gap housing is intended to provide housing for households falling above the federal and
state assistance guidelines, but still unable to afford market priced homes.
124a
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR:
Cormac Giblin, Housing and Grants Manager
DEP ARTMENT: Operational Support and Housing
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDCPAGE:
LDC SECTION:
2.06.03 - AHDB Rating System
LDC SUPPLEMENT #:
CHANGE: Provide the opportunity for a density bonus for Affordable-Workforce Housing up to
150% of median income.
REASON: BCC Direction to address housing affordability for higher incomes than traditionally
assisted.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMP ACT: None
OTHER NOTESNERSION DATE: This version was created on January 6, 2006 (date) at 9:40am
(time)
Amend the LDC as follows:
Section 2.06.03 AHDB Rating System
Table A. Affordable-Workforce Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
125
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TABLE INSET:
Percent of Development Designated as Affordable-Workforce Housing
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
150% 1 6- ~ 4 5 2 2 6 6 n/a
MI* **
80%
MI*
Income Level 42 2~ 31 4Q 62 eZ +~ 8 8 8
60%
MI
23 31 4Q 6Q eZ +8 8 8 8 8
50%
MI
34 4Q 6Q e7 +~ 8 8 8 8 8
*Owner-occupied only
**Mav onlv be used in coni unction with at least 10% at or below 80%MI
Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre
Text underlined is new text to be added
126 Text strik-etltrauglt is eHrreRt text ta be deleted
LDC Amendment ReQuest
ORIGIN: BCC Direction
AUTHOR: Z&LDR staff
DEPARTMENT:
Zoning and Land Development Review
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE:
LDC2:10
LDC SECTION:
2.03.01 Residential Zoning Districts
LDC SUPPLEMENT #: Supplement 1
CHANGE: Staggered setbacks for adjacent legally nonconforming 75' wide lots in the Estates
Zoning District.
REASON: The Board has directed that staff create this staggered setback provision for the
stated goals: 1) to provide emergency vehicle access to structures and 2) to ensure that
homeowners have the capacity to park commercial and recreational vehicles in the rear yard of
seventy-five (75) foot wide lots in the Estate Zoning District.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: The Restudy-based amendments included
proposed policy 4.3.1, which read: "By 2005, the LDC will implement provisions to allow for
staggered structural setback requirements for adjoining 75' wide lots, so as to allow parking of
work vehicles, commercial vehicles and equipment in rear yards. Such provisions will also aid
emergency vehicle access to the rear of structures. This policy was approved for Transmittal to
DCA, without discussion.
Concerns with GGAMP proposed policy language:
The policy wasn't clear as to what was intended - were the lesser setbacks to be <75' or were the
greater setbacks to be >75'7 If the greater setbacks were to be >75', then there would be no
LDCA necessary as the policy was for the LDC to "allow for staggered structural setbacks" - that
is allowed right now, a property owner has no maximum front setback, up to the point where they
reach the rear setback requirement.
Second, with only 75' width and 7.5' side setbacks, that only leaves 60' of width in which to
construct a residence AND allow access drive/path to the rear yard for vehicles -- just doesn't
127
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seem to be enough width for both, given that most of the residences are elevated on fill to
accommodate septic systems.
If there was mandatory intent as to staggered setbacks, which was not evident in the text, then
would property owners want to be located closer to the street if it means <75', esp. on collectors
or arterials, e.g. GG Blvd., Everglades Blvd., Randall Blvd., Immokalee Rd.? Traffic noise might
be a concern, as well as general loss of privacy from the street; and, who decides which tract is to
have the lesser and which the greater setback?
As to GMP consistency, the lack of any policy or provision in the GGAMP regarding this setback
provision is not an issue; that is, such an LDC provision would not be inconsistent with the
GGAMP. With the exception of certain subdistricts, e.g. Neighborhood Centers, the GGAMP is
silent to setback requirements and other development standards.
OTHER NOTESNERSION DATE: Created on June 21, 2005.
Staff has the following concerns. Emergency vehicles, solid waste vehicles and delivery trucks
don't typically use private drives because residential concrete drives are designed for the load of
personal vehicles only and not designed to support the weight of commercial and emergency
vehicles. This is a liability for service providers because, if the concrete drive is cracked or
broken, then the service provider, emergency or not, is liable for repair of the damage to the
driveway. On the same note, staff advises that emergency vehicles typically do not go off road to
answer emergency calls; therefore the staggering of front setbacks likely will not make a
difference in access for emergency vehicles, since they will not drive over yards to access
residences in the event of an emergency.
Amend the LDC as follows:
2.03.01 Residential Zoning Districts
A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district
"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered compatible
to agricultural uses that would not endanger or damage the agricultural, environmental,
potable water, or wildlife resources of the County are permissible as conditional uses in
the A district. The A district corresponds to and implements the a land use designation on
the future land use map of the Collier County GMP, and in some instances, may occur in
the designated urban area. The maximum density permissible in the rural agricultural
district within the urban mixed use district shall be guided, in part, by the density rating
system contained in the future land use element of the GMP. The maximum density
permissible or permitted in the A district shall not exceed the density permissible under the
density rating system. The maximum density permissible in the A district within the
128
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Ttmt strikethrough is current text to be deleted
agriculturaVrural district of the future land use element of the Collier County GMP shall
be consistent with and not exceed the density permissible or permitted under the
agriculturaVrural district of the future land use element.
B.
Estate District "E". The purpose and intent of the estates district "E" is to provide lands
for low density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional uses,
development that provides services for and is compatible with the low density residential,
semi-rural, and rural character of the E district. The E district corresponds to and
implements the estate land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with and
not exceed the density permissible or permitted under the estates district of the future land
use element of the Collier County GMP or as provided under the Golden Gate Master
Plan.
1.
Minimum yard Requirements. See the Table in Chapter 2.07.00 for the general
requirements. The following are exceptions to those requirements:
a. Conforming Corner lots. Conforming corner lots, in which only one full
depth setback shall be required along the shorter lot line along the street.
the setback along the longer lot line may be reduced to 37.5 feet, so long as
no right-of-way or right-of-way easement is included within the reduced
front yard. (See Exhibit A)
GRAPHIC LINK: Click here
b. Nonconforming Corner lots. Nonconforming corner lots of record, in
which only one full depth setback shall be required along the shorter lot
line along the street. The setback along the longer lot line may be reduced
to 15 feet, so long as no right-of-way or right-of-way easement is included
within the reduced front yard. (See Exhibit B)
GRAPHIC LINK: Click here
c. Nonconforming through lots, i.e. double frontage lots, legal nonconforming
lots of record with double road frontage, which are nonconforming due to
inadequate lot depth, in which case, the front yard along the local road
portion shall be computed at the rate of 15 percent of the depth of the lot,
as measured from edge of the right-of-way.
d. The Nonconforming through lot utilizing the reduced frontage shall
establish the lot frontage along the local road only. frontage along a
collector or arterial roadway to serve such lots is prohibited. Front yards
along the local road shall be developed with structures having an average
front yard with a variation of not more than six feet; no building thereafter
erected shall project beyond the average line so established.
129
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.._,,,,,,,--.
e. Legally nonconforming lots with a width of seventy-five (75) feet shall be
required to stagger their front building setback line whenever they abut
other seventy-five (75) foot-wide lots on either or both side property lines,
based upon the following formula.
i. If abuttin2 75-foot wide lots are vacant then the first orincioal
structure may be built to the permitted minimum front yard
setback. If abuttin2 75-foot wide lots have orincioal structures,
then subsequent orincioal structures on abuttin2 lots shall be
required to provide an additional fifteen (15) feet of front yard
building setback to the minimum required front building setback.
ii. If a vacant 75-foot wide lot abuts 75-foot wide lots with orincipal
structures on both side property lines, then the front building
setback for the infill structure shall be required to provide an
addition fifteen (15) feet of setback from the front setback line of
the orinci'pal structure located closest to the public ri2ht of way;
but in no case shall it be less than ninety feet from the public right
of way line.
iii. Fencing of any type shall be prohibited on legally nonconforming
lots with a width of seventy-five (75) feet.
130
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Bayshore Mixed Use District 1/25/06
LDC Amendment Reauest
ORIGIN: Bayshore Gateway Triangle CRA Local Advisory Board
AUTHOR: David Jackson Executive Director, Bayshore Gateway Triangle CRA
DEPARTMENT: Collier County Community Redevelopment Agency Bayshore Gateway
Triangle Local Advisory Board
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC Bayshore Drive Mixed Use Overlay District: Chapter 2 and Chapter 4
LDC/UDC SECTION: LDC 2.03.07, LDC 4.02.21, 4.02.22, 4.02.23, 4.02.24, Section 1.8.02 and
10.03.05
LDC SUPPLEMENT #: Supplement 2
CHANGE: Format revisions, revisions of sub-district purposes, minor edits, new sub-districts,
adding definitions.
REASON: Requested by Bayshore / Gateway Triangle Area Advisory Board
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle Redevelopment Overlay
in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan and the
proposed Gateway Triangle Mixed Use Overlay District.
GROWTH MANAGEMENT PLAN IMPACT: The modification of this Zoning Overlay District
further implements the Bayshore/Gateway Triangle Redevelopment Overlay in the FLUE. .
. OTHER NOTESNERSION DATE: This version originally created on June 10, 2005, and
modified after meeting with Collier County CDES & Transportation personnel on July 13, and
modified after meeting with DSAC on August 3, and modified based upon CDES staff comments
dated Aug 10, 2005, and modified after CCPC / LDC meetings on September 21 st and 30th and
December 1st and 15th and January 5.
Amend the LDC as follows:
1. Text underlined is new text to be added.
2. Text Gtrikothrollgh is ollrront text to eo eolotoG.
131
Bayshore Mixed Use District 1/25/06
1.08.01 Abbreviations
BMUD: Bayshore Mixed Use District
NFIP: National Flood Insurance Proqram
APZ: Accessorv Parkinq Zone
MUP: Mixed Use Proiect
1.08.02 Definitions
Accessory Unit - An accessory unit is a separate structure related to the primary residence for uses which
include, but are not limited to: library studio. workshop, plavroom. or Questhouse.
Sfreetwall- A freestandinQ wall parallel with the facade of an adiacent buildinq for the purpose of
screeninQ parkinq from the street.
Front Yard Build-fa-Line - The line to which a buildinq facade must be built, not a minimum distance.
Awnina -Temporarv canvas or other material coverinq extendinq from and attached to the facade of a
buildinq, without qround supports.
Accessory Parkina Zone (APZ) - Residentially zoned lots havinq a common lot line with, and under same
ownership or leqal control (lease, easement. etc.) as Subdistrict Ne and used for parkinq onlv.
Mixed Use Proiecf ArJlJroval Process - A process bv which a land owner may petition the Bee for approval
of a mixed use proiect - a mix of commercial and residential uses, as provided for in certain zoninq overlav
districts. If located within certain subdistricts in the Bavshore Drive Mixed Use Overlav District or the
Gateway Trianqle Mixed Use Overlav District. such a petition may include a request for increased density bv
use of bonus density pool units.
1. Text underlined is new text to be added.
2. Text otrilwthrough is Durrant text to be deleted.
132
Bayshore Mixed Use District 1/25/06
2.03.07 Overlay Zoning Districts
I. Bayshore Drive Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1;
and further identified by the designation "BMUD" on the applicable official Collier County Zoning
Atlas Map or map series.
1. Tho purpose 3nd intent of this distriot is to onoourago revitalization along the B3yshore
Drive corridor by providing opportunities for sm311 s0310 mixed use devolopment. This
district is intondod to: revitalize the oommercial and residential development 310ng this
corridor; onh3nco the waterfront; encourago on street parking and shared parking f3cilitios
and provido 3pproprbte 13ndcc3ping and buffering bet'....een the various typos of ucoc; 3nd
protect and enhance the nearby single family recidential units. The types of uses permitted
are low intensity retail, office, personal service and residential usee.
1. Purpose and Intent.
a. Bavshore Drive Mixed Use Overlav District is to encouraqe revitalization of
Bavshore Drive and its environs which is part of the Bavshore / Gatewav Trianqle
Redevelopment Overlav with Traditional Neiqhborhood Desion (TND) proiects.
TNDs are tvpicallv human-scale. pedestrian-oriented. interconnected proiects with a
mix of commercial uses includinq retail. office and civic amenities and residential
uses that complement each other. Residential uses are often located above
commercial uses. but can be separate areas of residential use on Iv with close
proximity to commercial uses. An interconnected street system is the basis for the
transportation network. Buildinos. both commercial and residential. are located near
the street. and may have front porches and/or balconies.
2. Applicability
a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as
identified on BMUD Map 1 and further identified by the designation "BMUD" on the
applicable official Collier County Zoning Atlas Maps. Except as provided in this
section of the LDC, all other uses, dimensional and development requirements shall
be as required in the applicable underlying zoning category.
b. Existino Planned Unit Developments (PUDs) are not included in the Bavshore
Overlav District requirements: however, PUDs approved after Ithe
effective date of this ordinance] are included in the Bavshore Overlav District and
must complv with the requirements stated herein.
3. Garages and drivo'Nays.
a. The rear setback may bo roduood to ton feet if a front 3CCOSS garago is constructed
on the rear of the residence.
b. The m3ximum width of gar3go doorc is 16 feet.
G. Only one drivoway is allowed per 50 lino3r foot of front property line. The m3ximum
width of the driveway at tho right of way line is 1 B feet.
d. Other than the permitted driveway, the front yard m3Y not be pavod or othorwise
usod to 3ccommod3to p3rking.
o. Garages must be recessed a minimum of threefeot bohind the front facade of the
prim3ry residonce.
f. No carports are permitted.
g. The distance from the back of the sidoW31k to the gar3ge door must bo 3t least 23
feet to allow room to park 3 vohiclo on the drive\\'ay without parking ovor the
sidewalk. Should the g:)rage be side 103ded there must be at least:) 23 foot paved
3ra3 on a perpondicul3r p13no to tho g3r3go door or pl3ns must on sure that p3rked
vohiclo!:: will not interfere with podostri3n tr3ffic.
1. Text underlined is new text to be added.
2. Toxt Eltrikothrough 16 surront text to be Geletod.
133
Bayshore Mixed Use District 1/25/06
BMUD Map No.1
II
Jl
BayshDre Mixed Use Overlay District
~
ii!
BMUD-NC
(IIH)
BMUD-NC Nalghborhood Common:lal Subdistrict
APZ AcCOlIOory Partcing Zona
BMUD-R3 R
BMUD.W Waterfront Subdlalrlct
BMUD.R1 Raaidantlal Subdlatrict1
BIIUD.NC
(RM~
aoTAN1CAL1"I..ACE
PUD . ........ ...
.....
BMUD.R2 Raaldantlal Subdistrict2
1ltOIIA880N DtW!
.
BMUD.ft3 Raaldantlal Subdlalrlct3
BIIUD-NC
(~
BMUD-R4 Raaldantlal Subdlatrict4 S
ClMUa P'OlNTE PUD
........... .....
.
(XXX) Undor Lying Zoning
BIIUD-Rl
(RSF-4)
Future Land Use
~
Activity Canter 16
BMUD-R1
(RMF-6) \
. _ _ _ eRA Boundary
BOTANICAl.. GARDEN POD
. bc&~ If-. BtIUI
BMUD-NC
(c-2)
n
BMUD-R4
(RSF-3)
~-::=- rr:=PUD .
NORTH
8A11AL.UTPUD.
EzDludlodfl'amB.-m
&AIIAL MY 1tUD.
EJacludM 1n1ff18UUO
I
I
M
1. Text underlined is new text to be added.
2. Text E,trikothrough IE, currant told to bo deloted.
134
Bayshore Mixed Use District 1/25/06
c. Property owners may follow existina Collier County Land Development Code
reaulations of the underlyina zonina classification. or may elect to
develop/redevelop under the mixed use provisions of the BMUD Neiahborhood
Commercial (NC) or Waterfront (W) Subdistricts of this overlay. throuah a mixed
use proiect approval from the BCC, However. in either instance. BMUD site
development standards are applicable. as provided for in section 2.03,07 "S.h. of
this Code.
3. Mixed Use Proiect Approval Process.
a. Owners of property in the Neiahborhood Commercial (BMUD-NC) and Waterfront
(BMUD-W) Subdistricts may petition the Board of County Commissioners for mixed
use proiect approval. The application for MUP approval shall acknowledae that the
owner shall not seek or reauest. and the County shall not thereafter arant or approve.
any additional uses beyond those allowed in the C-1 throuah C-3 zonina districts.
The application shall be accompanied by a conceptual site plan demonstratina
compliance with the criteria in section 10.03.0S.G.
b. There shall be a public hearina before the BCC leaally noticed and advertised
pursuant to section 10.03,OS.G. If approved by the BCC. such approval shall be by
resolution.
c. Once a Mixed Use Proiect has been approved by the BCC, the applicant shall submit
a site development plan (SDP). based on the conceptual site plan approved by the
BCC and meetina the reauirements of section 10.02.03 B.1. of this Code. to the
Community Development and Environmental Services Division within six months of
the date of approval. This SOP must be determined as sufficient and accepted for
review by the Division within 30 days of submittal. After the SDP has been approved.
the approved proiect shall be identified on the Collier County official zonina atlas map.
usina the map notation MUP. If a MUP approval expires, as set forth below. the map
notation shall be removed from the official zonina atlas map. The burden is on the
applicant to submit an SDP application in a timely manner. to be responsive to the
County's SDP review comments. and to commence construction in a timely manner
after SDP approval has been aranted.
d. MUP approval shall expire and any residential density bonus units shall be null and
void if any of the followina occur:
i. The SDP is not submitted within six months of MUP approval bv the BCC.
ii. The SDP is not deemed sufficient for review within 30 days of submittal.
iii. The SDP under review is deemed withdrawn and cancelled. pursuant to
section 10.02.03.B.4.a.
iv. The SDP is considered no lonaer valid. pursuant to section 10.02.03.B.4.b.
and c.
e. Once a property owner. through a MUP approval. elects to develop or redevelop a
mixed use proiect under Neiahborhood Commercial (NC) or Waterfront (W)
Subdistricts. then the property shall be developed in compliance with all provisions of
the overlav and cannot revert back to the underlvina zonina district.
1. Text underlined is new text to be added,
2. Toxt F;triketRrO\lgA iF; c\lrrent text to be deleted.
135
Bayshore Mixed Use District 1/25/06
4. Bonus Densitv Pool Allocation
Under the Collier County Future Land Use Element. 388 bonus density units are available
for reallocation within the Bayshore/Gateway Trianqle Redevelopment Overlay. The County
Manaqer or desiqnee will track the Bonus Densitv Pool balance as the units are used.
These 388 bonus density units may be allocated between this BMUD overlay and the
Gatewav Trianqle Mixed Use Overlav District. and shall onlv be allocated throuqh the MUP
approval process.
To qualify for 12 dwellinq units per acre, proiects shall comply with the followinq criteria.
This density of 12 dwellinq units per acre is onlv applicable until the bonus density pool has
been depleted.
a. The proiect shall be within either the Neiqhborhood Commercial or Waterfront
Subdistricts. and shall be a mixed use proiect - mix of commercial and residential
uses.
b. Densitv shall be as per the underlvinq zoninq district. The maximum density of 12
units per acre shall be calculated based upon total project acreaqe. The bonus
density allocation is calculated by deductinq the base density of the underlving
zoninq classification from the 12 unit maximum. The difference in units per acre
determines the bonus density allocation requested for the proiect.
c. For proposed projects. only the Affordable Housinq Densitv Bonus. as provided in
the Density Ratinq System. is allowed in addition to the eliqible bonus density units
provided herein as the entire BMUD is within the Coastal Hiqh Hazard Area
(CHHA).
d. The proiect shall comply with the standards for mixed use development set forth in
the Bavshore Mixed Use Overlay District.
e. For proiects that do not complv with the requirements for this density increase, their
density is limited to that allowed by the Density Ratinq System and applicable FLUE
Policies.
5. Bayshore Mixed Use District (BMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this
subdistrict is to encourage a mix of low intensity commercial uses and residential
uses. Developments will be human-scale and pedestrian-oriented. For mixed use
projects on Iv. subiect to the MUP approval process in Sec. 2.03.07.1.3.. refer to
Tables 1 and 2 for permitted uses. Otherwise. permitted uses are in accordance
with the underlvinq zoninq district.
b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use
of the waterfront for entertainment while enhancing the area for use by the general
public. Development standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards set forth in section
4.02.17 For mixed use proiects only. subiect to the MUP approval process in Sec.
2.03.07.1.3.. refer to Tables 1 and 2 for permitted uses. Otherwise. permitted uses
are in accordance with the underlyinq zoninq district.
c. Residential Subdistrict 1 (R 1). The purpose of this subdistrict is to encourage the
development of a variety of housinq types which are compatible with existinq
neiqhborhoods and allow for buildinq additions such as front porches. The intent in
new development it is to encouraqe a traditional neiqhborhood desiqn pattern.
Refer to Tables 1 and 2 for permitted uses in this subdistrict. Multifamily residences
as 3 transitional use bet\veen commercial and single family development. The
1. Text underlined is new text to be added.
2. Text ctrikethrough is current text to be deleted.
136
Bayshore Mixed Use District 1/25/06
multifamily buildings shall be compatible with the building p3tterns and facade
articulation of tr3ditional neighborhood design. The intent is to create a row of
residential units with unif-orm front yard setbacks and access to the street.
~ Residential Subdistrict 2 (R2). The purpose of this subdistrict is to encourage the
development of multi-family residences as transitional uses between commercial
and single-family development. The multi-family buildings shall be compatible with
the building patterns and facade articulation of traditional neighborhood design.
Refer to Tables 1 and 2 for permitted uses in this subdistrict.
!L Residential Subdistrict 3 (R3). The purpose of this subdistrict is to allow the
development of mobile home, modular home, townhouses and single-family
residences. All new development in this Subdistrict shall be compatible with the
building patterns 3nd f3c3de articulation of traditional neighborhood design. Refer
to Tables 1 and 2 for permitted uses in this subdistrict. The intent is to create a row
of residential units with consistent front yard set backs and access to the street.
a. Minimum LOT width:
5ingle family: 40 feet.
Modular homes: 10 feet.
Townhouses: 25 feet.
Mobile homes: -10 feet.
G,. Yard requirements. The following yard requirements are in relation to the platted
Front Yard At Min. 5ide Y3rd Min. Rear Yard
One (Single) Family 1 0 feet ~ B-feet
- .... II_:~-
Modular D'.velling 1 0 f-eet ~ B-feet
YMs
Townhouse 1 0 f-eet o feet when B-feet
ABUTTING another
townhouse, if not then
~
Mobile Homes 1 0 feet ~ B-feet
f. Residential Subdistrict 4 (R4). The purpose of this subdistrict is the same as
Residential Subdistrict R1 except only sinale-family detached dwellina units are
permitted. Refer to Tables 1 and 2 for permitted uses in this subdistrict.
g. Residential Neiahborhood Commercial 5ubdistrict (RNC) The purpose and intent of
this subdistrict is to allm\' limited home occupational businesses.
Q. Mixed Use Activity Center Subdistrict Portions of the Bayshore Overlay District
coincide with Mixed Use Activitv Center #16 desianated in the Future Land Use
Element (FLUE) of the Collier County Growth Manaaement Plan. Development in
the activity center is aoverned by reauirements of the underlYina zonina district and
the mixed use activity center subdistrict reauirements in the FLUE, except for site
development standards as stated in section 4.02.16 of this Code.
h. All subdistricts. Development within all subdistricts of the BMUD shall be subiect to
the site development standards as stated in sections 4.02.16 throuah 4.02.21 as
applicable. The subdistrict site development standards shall also apply to property
developed in conformance with the underlyina zonina classification.
1. Text underlined is new text to be added.
2. Told &trikethreuilh is current told te GO deleted.
137
Bayshore Mixed Use District 1/25/06
Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts
P = permitted N - ~
C"')
;: I .
(Q e: 0::: I
~ I e:
E = permitted with certain '(3 e: -
N C"')
exceptions ~ ~
CI) - - - -
- (,) (,) (,) (,)
E (,) 'i: 'i: 'i: 'i:
E 'i: - - - -
Blank cell = prohibited (also - .~ .~ In .!!l
CI) 0 .!!l " " " "
see table of conditional and " () " .0 .0 .0 .c
0 " .0 ::I ::I ::I ::I
accessory uses) () 0 ::I C/) C/) C/) C/)
C/)
~ 0 - (Q (Q (Q (Q
J::
C/) ~ - c: .. .. .. ..
0 () 0 c: c: t: t:
.0 ~
~ 't: Q) CI) Q) CI)
J:: " :E :E "
~ CI)
- - In In In In
CI) (,) ca CI) CI) CI) Q)
Z "i: s: 0::: 0::: 0::: 0:::
-
Cl .!!l Cl Cl Cl Cl Cl
;:) " ;:) ;:) ;:) ;:) ;:)
.c
:2: ::I :2: :2: :2: :2: :2:
Land Use Type or Category a:l C/) a:l a:l a:l a:l a:l
Accountina Services 8721 P P
Administrative Service Facilities
Adult Day Care Facilities & 8322
Centers
Aaricultural Activities
Aaricultural Outdoor Sales
AQricultural Services 0741,0742,0752-
0783
Aqricultural Services 0711 , 0721 , 0722-
0724,0762,0782,
0783
Aqricultural Services 0723
Aircraft and Parts 3721-3728
Airoort - General Aviation
Amusement & Recreation 7911.7991
Services
Amusement & Recreation 7999 tourist quides
Services onlv
Ancillarv Plants
Apparel & Other Finished 2311-2399
Products
ADDarel & Accessorv Stores 5611-5699 P P
ADoraisers
Artist Studios: Paintinq, drawinQ. 7922 .E .E
Qraphics, fine wood workinq, ,
mixed media. fiber art
(weavinq), qlass, custom
iewelry, clay (ceramics/pottery).
sculpture, photoqraphy. dance,
drama and music
Architectural. EnQineerinq, 0781 , 8711-8713 .E .E
SurveyinQ Services
Assisted Livina Facilities
Attorney Offices & Leqal 8111 E E
Services
Auctioneerinq Service, Auction 7389, 5999 I..
Rooms and Houses
Auto and Home SUDDlv Store 5531 J
1. Text underlined is new text to be added.
2. Text ctril~Gthrough ic ourrcnttext to be deleted.
138
Bayshore Mixed Use District 1/25/06
p = permitted N -
C") ;;;
;: I ~
E = permitted with certain iij ~ I e: - e:
.~ ~ N C")
exceptions CI) :;;;.. - - - -
- CJ CJ CJ CJ
E CJ 'i: 'i: 'i: "i:
E 'i: - - - -
Blank cell = prohibited (also - "~ .~ .~ "~
CI) 0 .~
see table of conditional and "C (,) "C "C "C "C "C
.c .c .c .c
0 "C .c :J :J :J :J
accessory uses) (,) 0 :J en en en en
en
(,) 0 - iij iij iij iij
J::
en .... G c: ;:: ;:: ;:: ;::
0 0 c: c: c: c:
.c 2; .... CI) CI) CI) CI)
J:: 't "C "C "C :E
~ CI)
- - 'iij 'iij 'iij III
CI) CJ CI:l &! CI) CI) CI)
Z "i: s: 0::: 0::: 0:::
-
Cl III Cl Cl Cl Cl Cl
:a
;:) .c ;:) ;:) ;:) ;:) ;:)
:!: :J :!: :!: :!: :!: :!:
land Use Type or Category !Xl en !Xl !Xl !Xl !Xl !Xl
Automobile Parkina 7521
Automotive Repair. Services. 7514.7515.7521 .
and Parkina 7542
Automotive Repair. Services. 7513-7549
and Parkina
Automotive Services
Automotive Dealers and 5511.5531.5541.
Gasoline Service Stations 5571,5599
Barber Shops or Colleaes 7241 E E
Beauty Shops or Schools 7231 P P
Bikina Trails
Boat D0310rc ~
Bowlina Centers 7933
Buildina Construction 1521-1542
Buildina Materials 5211-5261
Buildina Materials. Hardware. 5231 - 5261
Garden Suoolies
Business Associations 8621
Business Reoair Service
Business Services 7311.7313.7322-
7331. 7338. 7361.
7371,7372.7374-
7346 7379
Business Services 7311-7313.7322-
7338,7361-7379.
7384
Business Services 7311.7313.7322- E E
7338. 7384
Business Services 7311-7313.7322-
7338.7361-7379.
7384 7389
Business Services 7311-7352. 7359.
7361-7397 7389
Business Services 7311-7353.7359
Business Services 7312.7313.7319.
7334-7336.7342-
7389
Business Services 7311
Business Services 7312 7313 7319
1. Text underlined is new text to be added.
2. Text strikethrough ie curront toxt to bo doleted.
139
Bayshore Mixed Use District 1/25/06
p = permitted N M ~
~ I .
e: ~ I
E = permitted with certain ltl ~ I - ~
'u ~ N M
exceptions .... ~
Ql .... .... .... ....
.... (J (J C,) (J
E (J .;:: ';:: ';:: .;::
E .;:: .... .... .... ....
Blank cell = prohibited (also .... .~ 111 111 111
Ql 0 .~ "C "C "C "C
see table of conditional and "C () "C .c .c .c .c
0 "C .c ~ ~ ::s ::s
accessory uses) () 0 ::s CJ) CJ) CJ) CJ)
CJ)
() 0 .... iij iij iij
.r: ltl
CJ) .... G r::: .. .. .. ..
0 0 r::: r::: t: t:
.c ....
I~ 't: Ql Ql Ql Ql
.r: Ql :E :E "C :E
.S! .... .... 111 111 'Ci) 111
Ql C,) ltl Ql Ql Ql Ql
Z ";:: ::: ~ ~ ~ ~
....
c .~ c c c c C
::J "C ::J ::J ::J ::J ::J
.c
:E ::s :E :E :E :E :E
Land Use Type or Category co CJ) co co co co co
7331,7334-7336.
7342, 7349. 7352,
7361,7363,7371-
7384 7389
Business Services 7311,7313.7322-
7331.7335-7338.
7361.7371.7374-
7376 7379
Business/Office Machines
Canoe Rental P
Canoe in a Trails
Care Units
Carwashes 7542
Cateqorv II Group Care
Facilities
Child Care - Not for Profit
Child Dav Care Services 8351
Churches & Places of WorshiD
Civic and Cultural Facilities P P
Collection/Transfer Sites
Commercial Printinq 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavv
Construction - Special Trade 1711-1793,1796,
Contractors 1799
Construction - Special Trade 1711-1799
Contractors
Continuinq Care Retirement
Communities
DeDositorv Institutions 6011-6099
Depository Institutions 6011,6019,6081.
6082
Depository Institutions 6021-6062. 6091.
6099. 6111-6163
Depository Institutions 6021-6062
Drinkinq Establishments and 5813
1. T ex! underlined is new tex! to be added.
2. Toxt ctrikothrou!']h ic current toxt 10 bo doloted.
140
Bayshore Mixed Use District 1/25/06
p = permitted N M ~
~ I I
ni ~ I e: 0::: ~
E = permitted with certain '(j ~ -
N M
exceptions .... :;..
Q) - - - -
- (,,) (,,) (,,) (,,)
E (,,) 'i: 'i: 'i: 'i:
E 'i: - - - -
Blank cell = prohibited (also - .!!! .!!! CIl CIl
Q) 0 CIl :c :c
(,) :s 't:l 't:l
see table of conditional and 't:l ..Q ..Q ..Q .c ..Q
0 't:l ::s ::s ::s ::s
accessory uses) (,) 0 ::s en en en en
en
(,) 0 - ni ni "i6 ni
..t:
Ci) .... G c: :;:: :;:: :;:: :;::
0 0 c: c: c: c:
....
..Q ~ 1: Q) Q) Q) Q)
..t: 't:l 't:l 't:l 't:l
,2 Q)
- - 'Iii 'Iii 'Iii 'Iii
Q) (,,) ~ Q) Q) Q) Q)
Z 'i: 3: 0::: 0::: 0::: 0:::
-
c .!!! c c c c C
:J 't:l :J :J :J :J :J
..Q
::!5 ::s ::!5 ::!5 ::!5 ::!5 ::!5
land Use Type or Category m en m III m m III
Places
Drua Stores 5912 P P
Druas and Medicine 2833-2836
Eatinq Establishments and 5812 5- E.
Places
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244 8299
Electronic Equipment & Other 3612-3699
Electrical Eauioment
Enqineerinq, Accountinq. 8711-8748
Manaqement and Related
Services
Enqineerinq, Accountinq, 8711-8713 E. E.
Manaqement and Related
Services
Eauestrian Paths
Essential Services' E. E. E. E. E. E.
Excavation
Fabricated Metal Products 3411-3479, 3419-
3499
Fairarounds
Familv Care Facilities
Fishina Piers
Fish ina/Hu nti nalTraDDi na 0912-1919
Fixture Manufacturina
Food Manufacturinq 2034, 2038, 2053,
2064.2066.2068,
2096 2098 2099
Food Products 2011-2099
Food Stores 5411 5421-5499 E,j P
Food Stores 5411-5499
Fraternal Orqanizations
1 Except concessions stands. contract feedinQ. dinner theaters. drive-in restaurants. food services (institutional). industrial feedinQ,
2 For requirements pertainina to Essential Services. see section 2.01.03 of this code.
3 Except convenience stores and supermarkets.
1. Text underlined is new text to be added.
2. Toxt ctril<othrough is current toxt to bo dolotod.
141
Bayshore Mixed Use District 1/25/06
p = permitted N -
C"') ~
;: I I
m ~ 0::: I
E = permitted with certain ~ I - e:
'u e: N C"')
exceptions ... --
Q) - - - -
- CJ CJ CJ CJ
E CJ
'i: 'i: 'i: 'i: 'i:
E - - - -
Blank cell = prohibited (also - .!!l Ul .!!l .!!l
Q) 0 .!!l iJ iJ iJ iJ
see table of conditional and iJ 0 iJ .c .c .c .c
0 iJ .c ::s ::s ::s ::s
accessory uses) 0 0 ::s U) (J) U) (J)
(J)
0 0 - m m
.s::: III III
(j) ... '(3 c: .. .. .. ..
0 0 c: c: c: c:
.c ...
z 't: Cll Cll Cll Cll
.s::: - iJ iJ :E :E
:2 - Cll "jjj 'jjj
- Ul Ul
Q) CJ III Cll Q) Cll Cll
Z 'i: s: 0::: 0::: 0::: 0:::
-
c .!!l c c c c c
::>> iJ ::>> ::>> ::>> ::>> ::>>
.c
:2: ::s :2: :2: :2: :2: :2:
Land Use Type or Category ca (J) ca ca ca ca ca
Funeral Services and 7261
Crematories
Furniture & Fixtures 2511-2599
ManufacturinQ
Gasoline Services Stations 5541 5511-5599
General Contractors 1521-5261
General Merchandise Stores 5311-5399 P P
Glass and Glazina Work 1793
Golf Courses
Government Offices/BuildinQs 9111-9222. 9224-
9229.9311 , 9411-
9451. 9511-9532.
9611-9661
Group Care Facilities
Gunsmith Shoo 7699
Hardware Stores 5251
Health Food Stores
Health Services 8011-8049
Health Services 8011-8049 8082 P P
Health Services 8051-8059. 8062-
8069. 8071. 8072,
8092-8099
Heavv Construction 1611-1629
Hiking Trails
Home Furniture, Furnishings, 5712.5719.5731- .E. .E.
Equipment Store 5736
Home Furniture, Furnishings, 5712-5736
Equipment Store
Home Supplv Store 5531
Hotels and Motels 7011 7021 7041
Hotels and Motels 7011 E4 E4
Houseboat Rental 7999
Individual & Familv Social
Services
Industriallnoraanic Chemicals 2812-2819
Industrial. Commercial. 3511-3599
ComDuter Machinerv and
4 Except hostels
1. Text underlined is new text to be added.
2. T ma strilwthroLJgh is current text to be deleted.
142
Bayshore Mixed Use District 1/25/06
p = permitted N - ~
- M
I I
...... ~ ~
E = permitted with certain Iii ~ . ~
.~ ~ N M
exceptions ::::: - - - -
Q) - to) to) to) to)
E to) "i: 'i: "i: 'i:
E 'i: - - - -
Blank cell = prohibited (also - III "~ III .~
Q) 0 .~ :s "C :s "C
see table of conditional and "C () "C .Q .Q .Q .Q
0 "C .Q :::I :::I :::I :::I
accessory uses) <..> 0 :::I C/) C/) C/) C/)
C/)
() 0 - Iii Iii Iii Iii
Ui J:: C
.... Ie:; .. .. .. ..
0 e c c c C
.Q I~ 't: Q) Q) Q) Q)
J:: "C "C "C "C
] Q)
- - "in "in "in 'in
Q) to) IV Q) Q) Q) Q)
Z 'i: ~ 0:: 0:: 0:: e:::
-
c .~ c c c c C
:)"C :) :) :) :) :)
:!:.g :!: :!: :!: :!: :!:
land Use Type or Category mC/) m m m m m
Equ ipment
Insurance Aqencies, Brokers. 6311-6399,6411 e e
Carriers
Insurance aqents. brokers, and 6361 and 6411
service. includinq Title
Insurance
Investment/Holdina Offices 6712-6799
Job Traininq & Vocational 8331
Services
Justice Public Order & Safety 9221 9222 9229
labor Pool 7363
labor Unions 8631
lakes Ooerations 7999
laroe Aooliance Reoair Service 7623
leaal Services 8111 P P
leather Products 3131-3199
Libraries 8231
Local and Suburban Transit 4111-4121
local and Suburban Transit 4131-4173
lumber and Wood Products 2426 2431-2499
Manaaement & Public Relations 8741-8743 8748 P P
Manaaement Services 8711-8748 P P
Marinas 4493 44Q.B P P
Measurinq, Analvzinq and 3812-3873
Controllina Instruments
Medical and Ootical Goods 3812-3873
Medical laboratories and 8071. 8072. 8092.
Research & Rehabilitation 8093
Centers
Membershio Oraanizations 8611-8699 P P
Membershio Oraanizations 8311 8631
Membershio Oraanizations 8611
Membershio Oraanizations 8611 8621
Misc. Manufacturina Industries 3911-3999
Miscellaneous Plastic Products
1. Text underlined is new text to be added.
2. Text f:trikothrough if: ourrant text to be doletod.
143
Bayshore Mixed Use District 1/25/06
p = permitted N M ~
;: I .
iV 3: I ~ 0:: I
E = permitted with certain .~ e: - ~
N M
exceptions Q) -- - - - -
- u u u u
E u
.;: ";: .;: .;: ";:
E - - - -
Blank cell = prohibited (also - "~ .~ Ul Ul
Q) 0 .~
see table of conditional and "C U "C "C "C "C "C
..c ..c ..c ..c
0 "C ..c ::s ::s ::s ::s
accessory uses) u 0 ::s t/) t/) t/) t/)
t/)
~ 0 - iV iV iV iV
..c:
t/) ... 1(3 I: ;:; ;:; :;:; ;:;
0 0 I: I: I: I:
...
..c I~ 't: Q) Q) Q) Q)
..c: ~ "C "C "C
:2 - Q) 'ii)
- Ul Ul Ul
Q) U III Q) Q) Q) Q)
z ";: ~ 0:: 0:: 0:: 0::
-
c .!!! c c c c c
;:) "C ;:) ;:) ;:) ;:) ;:)
..c
:!: ::s :!: :!: :!: :!: :!:
Land Use Type or Category lOt/) 10 10 10 10 10
Miscellaneous Repair Service 7622. 76290 EO EU
7631 76996
Miscellaneous Reoair Service 7622-7641 7699
Miscellaneous Reoair Service 7622-7699
Miscellaneous Retail Services 5912 5942-5961
Miscellaneous Retail Services 5912-5963
Miscellaneous Retail Services 5912-5963. 5992-
5999
Miscellaneous Retail Services 5912, 5932-5949. .E .E
5912 5961,5992-
59997
Mobile Home Dealers 5271
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freiqht Transportation 4225
and Warehousina
Motor Homes P P P P
Multi-Familv Dwellinas
Museums and Art Galleries 8412 P P
Nature Preserves
Nature Trails
Non-Depository Credit 6141-6163
Institutions
Non-Depository Credit 6111-6163
Institutions
Non-Deoositorv Institutions 6011-6163
Non-Depository Institutions 6011,6019,6081.
6082
Non-Depositorv Institutions 6021-6062.6091.
6099. 6111-6163
Nursina Homes 8051.8052.8249
Office Machine Reoair Service 7629-7631
Oil & Gas Exploration
Open Space
5 Except Aircraft, business and office machines. larae aooliances, and white aoods such as refriaerators, and washina
machines.
6 Antique reoair and restoration, exceot furniture and automotive only, bicycle reoair shoos onlv and rod and reel
reoair.
1. Text underlined is new text to be added.
2. Tel<< strikethrough is Glolrront tel<< to be doloted.
144
Bayshore Mixed Use District 1/25/06
p = permitted N -
C"') ~
;: I I
E = permitted with certain iU ~ I !:: ~ !::
.~ !:: N C"')
exceptions -- - - - -
CD - (,) (,) (,) (,)
E (,) .;: .;: .;: ';:
E .;: - - - -
Blank cell = prohibited (also - .!!! .!!! .!!! .!!!
CD 0 .!!! "C "C "C "C
see table of conditional and "C () "C .c .c .c .c
0 "C .c ;::, ;::, ;::, ;::,
accessory uses) () 0 ;::, en en en en
en
() 0 - iU iU iU iU
.s::
Ci) .. 10 c :;:: :;:: :;:: :;::
0 e c c c c
.c 12: 't: CD CD CD CD
.s:: :2 "C "C "C
:2 - CD 'w 'w 'w
- III
CD (,) III CD CD CD CD
z .;: s: 0::: 0::: 0::: 0:::
-
c .!!! c c c c c
:) "C :) :) :) :) :)
.c
:E ;::, :E :E :E :E :E
Land Use Type or Category ca en ca ca ca ca ca
Outdoor Storaae Yard
Paint Glass Wallpaper Stores 5231
Paoer and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parkina Facilities P P
Parkina Services P P
Parks Public or Private P P
Parochial Schools - Public or
Private 8211
Party Fishina Boats Rental 7999 P
Performina Arts Theater' 7922
Personal Services 7291 P P
Personal Services 7212-7215.7221-
7251 7291
Personal Services 7212.7215.7221-
7251
Personal Services 7212 7291 P P
Personal Services 7211. 7212. 7215.
7216 7291 7299
Personal Services 7215.7217.7219.
7261 7291-7299
Personal Services 7211-7219
Personal Services 7215-7231 7241
Personal Services 7221 7291
Photoaraohic Goods 3812-3873
Photoaraohic Studios 7221 P P
Phvsical Fitness Facilities 7991
Phvsical Fitness Facilities
Pickuo Coaches
Plant and Wildlife
Conservancies
Plastic Materials & Synthetics 2821 2834
Plav Areas and Plavarounds P P P P
Pleasure Boat Rental P
Printinq and Publishina 2711,2712
Industries
7 Performance seatinQ limited to 200 seats
1. Text underlined is new text to be added.
2. Text Etrikethrough i6 Gurrent text to be Golota!,!.
145
Bayshore Mixed Use District 1/25/06
p = permitted N M ~
;: I .
iti ~ . ~ c::: I
E = permitted with certain .~ e: - ~
N M
exceptions CIl "- .... .... .... ....
.... u u u u
E u .;:: .;:: .;:: .;::
E .;:: .... .... .... ....
Blank cell = prohibited (also .... .!!.! III .!!.! III
CIl 0 .!!.! "C "C "C :.c
see table of conditional and "C u "C .0 .0 .0 .0
0 "C .0 :l :l :l :l
accessory uses) U 0 :l CJ) CJ) CJ) CJ)
CJ)
~ 0 .... iti iti
.r: fa fa
en .... G c: :;:: :;:: :;:: :;::
0 0 c: I: c: c:
....
.0 .~ 't: CIl CIl CIl CIl
.r: "C :'5:! "C :'5:!
:2 CIl
.... .... 'Iii III 'Iii III
CIl U fa CIl CIl CIl CIl
z .;:: s: c::: c::: c::: c:::
....
Cl .!!.! Cl Cl Cl Cl Cl
::J "C ::J ::J ::J ::J ::J
.0
:!: :l :!: :!: :!: :!: :!:
Land Use Type or Category m en m m m m m
Printinq and Publishinq 2711-2796
Industries
Professional Offices 6712-6799, 6411. .E E
B6311-6399.6531.
6541. 6552. 6553.
8111
Professional Oraanizations 8631
Public Administration 9111-9199. 9224. E E
9229.9311.9411-
9451.9511-9532.
9611-9661
Railroad TransDortation 4011 4013
Real Estate 6531-6541 P P
Real Estate 6521-6541
Real Estate 6512
Real Estate 6512-6514.6519.
6531-6553
Real Estate Brokers and 6531
Appraisers
Real Estate Offices 6531.6541.6552.
6553
Recreational Service Facilities
Recreational Services - Indoor 7911-7941.7991-
7993. 7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Repair shops and related 7699
services. not elsewhere E E
classified
Research Centers 8093
Research Services 8732
Residential uses P P P P P P
Retail Nurseries. Lawn and 5261
Garden
Rubber and Misc. Plastic 3021.3052.3053
Products
Safety Service Facilities
1. Text underlined is new text to be added.
2. TOlE!: strikothr-ough is Elurrent tolE!: to bo aelated.
146
Bayshore Mixed Use District 1/25/06
p = permitted N -
CO? ~
.- . I
iU .... ~ ~ ~
E = permitted with certain ~ I
"~ ~ N CO?
exceptions Cl) ;;;;. ... ... ... -
- (,) (,) (,) (,)
E (,) .;: .;: .;: .;:
E .;: - - ... -
Blank cell = prohibited (also - .~ ell ell .~
Cl) 0 .~ "C :c :c "C
see table of conditional and "C U "C .c .c .c .c
0 "C .c ::l ::l ::l ::l
accessorv uses) u 0 ::l en en en CIJ
CIJ
U 0 - iU iU iU iU
.c
en ... G c: :0:; :0:; :0:; :0:;
0 0 c: c: c: c:
.c ...
~ 't: Cl) Cl) Cl) Cl)
.c "C "C "C "C
:2 - Cl) "ijj 'ijj 'ijj 'ijj
...
Cl) (,) Cll Cl) Cl) Cl) Cl)
z .;: ~ 0::: 0::: 0::: 0:::
-
C .~ C C C C C
:::l "C :::l :::l :::l :::l :::l
.c
:e ::l :e :e :e :e :e
land Use Type or Category aJ CIJ m aJ m aJ aJ
Schools public
Schools - Vocational 8243-8299
Securitv Brokers. Dealers, 6211-6289 .E .E
Exchanaes Services
Shoe Repair Shops or 7251 .E .E
Shoeshine Parlors
Shootinq ranqe. indoor 7999
Sinale-Familv Dwellinas P P P P
Social Services 8322-8399
Stone. Clav, Glass and 3221.3251. 3253.
Concrete Products 3255-3273, 3275.
3281
Storaae
Synthetic Materials 2834
Testinq Services
Textile Mill Products 2211-2221 , 2241-
2259. 2273-289.
2297 2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parkina Lots 7514 7515 7521
Townhouses P P P P P
Transportation bv Air 4512-4581
Transportation Equipment 3714.3716.3731 ,
3732. 3751. 3761.
3764. 3769, 3792.
3799
Transportation Services 4724-4783 4789
Travel Aaencies 4724
Travel Trailers 5561
Two-Familv Dwellina P P
United States Postal Service 4311 E~ E~
Veterinarian's Office 0742 E" E"
Veterinarian's Office 0752 P P
VideotaDe Rental 7841 E'u p'U
8 Excludes maior distribution center.
9 Excludes outdoor kennelinq
10 Limited to 1.800 square feet of qross floor area.
1. Text underlined is new text to be added.
2. Text Eltrikethrough ie ourrent text to be delated.
147
Bayshore Mixed Use District 1/25/06
Vocational Rehabilitation 8331
Services
Weldina Reoair 7692
Wholesale Trade 5148
Wholesale Trade - Durable 5021.5031.5043-
Goods 5049.5063-5078.
5091.5092,5094-
5099
Wholesale Trade - Nondurable 5111-5159,5181.
Goods 5182 5191
Wildlife Conservancies 9512
Wildlife Manaaement 0971
Wildlife Refuae/Sanctuarv
Wildlife Sanctuaries
Watches/Clocks 3812-3873
1. Text underlined is new text to be added.
2. Text strikethrough is current tcm:! to be dolatod.
148
Bayshore Mixed Use District 1/25/06
Table 2. land Uses that Max be Allowed in Each Subdistrict as
Accessory or Conditional Uses.
C = conditional use
A = accessory use
Q) t) 3: .... N C"") ~
I I I I
"t' Z I 0:::: 0:::: 0:::: 0::::
0 I ~ I . I .
t) ~ ~ ~ ~ ~
:e :e :e :e :e :e
t) 0 0 0 0 0 0
en In In In In In In
Adult da care
A ricultural
A ricultural services
Amusement & recreation
services
Amusement & recreation
services
Amusement & recreation
services
Ancilla lants
Animal control
A uariums
es
Assisted livin facilities
Auctioneerinq Services.
auction rooms and houses.
Automotive dealers and
asoline service stations
0741.
0742.
0752-
7911
7911-
7941.
7991-
7993.
7997,
7948,
7992.
7996.
7999
8422
7999
7389.
5999
5521.
5551.
5561.
5599
149
1. Text underlined is new text to be added.
2. Text ctrikethrmJ!3h ic Durrent text to be doletod.
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
Ql U s: ..... N M ~
I I I I
'tJ Z I ~ ~ ~ ~
0 I ::> I I I I
(.) ::> :a: ::> ::> ::> ::>
:a: :a: :a: :a: :a:
(.) c c c c c c
en to m m m m m
7513,
Automotive rentallleasinq 7519
Beach chair. bicycle, boat or
mooed rentals
Bed & breakfast facilities 7011 C C
Boat Rental ~
Boathouses AS A A
Boat ramos A
Boat vards AS ~
Botanical aarden 8422
Bottle clubs 5813
Camoina cabins
Care Units
Caretaker's residence
Cateqorv " qroup care
facilities
Cemeteries
2812-
Chemical oroducts ?RQQ
Child day care 8351 .Q. .Q.
Churches & places of 8661
worship
Civic & cultural facilities
Clam nurseries
Cluster develooment
Cocktaillounaes 5813
Collection/transfer sites
Commercial uses
4812-
Communications 4841
Communication towers
8 Only on waterfront property
1. Text underlined is new text to be added.
2. Text strilwthrough ic current toxt to lJo delotod.
150
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
Gl (J 3: ~ N C") .,.
I I I
"'C Z . 0:: 0:: 0:: 0::
0 I ::) J I . J
(J ::) :!E ::) ::) ::) ::)
(J :!E :!E :!E :!E :!E
c c c c c c
en OJ OJ OJ OJ OJ OJ
Communit centers
Communif theaters 7922
Concrete or as halt lants
Continu inq ca re/retirement
centers
5411
Convenience stores
Dancinq establishments &
sta ed entertainment
6011-
6099
Detention facilities
& & &
Docks
5813
Drinkin establishments
Drivin ra n es
Earth minin
5812
Eatin establishments
8211-
Education services 8222
Education facilities: public & 8211-
rivate schools 8231
4911-
4971
Excavation
1. Text underlined is new text to be added.
2. Toxt f)tril~othrough if) olJrront toxt to eo dolotod.
151
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
Ql U 3: ..... N M oo:t
I I I I
"C Z I 0:::: 0:::: 0:: 0::::
0 I ::;) I I I I
U ::;) ::;) ::;) ::;) ::;)
:!: :!: :!: :!: :!: :!:
U 0 0 0 0 0 0
en tQ tQ tQ tQ tQ tQ
3482-
Fabricated metal products 3489
Farm labor housina
5153-
Farm Product raw materials 5159
Field croos
0912-
Fishina/hu ntina/tra ooina 1919
2011.
Food oroducts 2048
Food service
5411-
Food stores (over 5.000 sJ.) 5499
Fraternallodqes, private
club or social clubs
5983-
Fuel dealers !'i9RQ
Fuel facilities C9
Funeral services & 7261
r.rem::ltnrie!=:
Garaae 8 8 8 8
Gas qeneratina plants
Gift shops 5947
Golf club house
Golf course
Golf drivina ranae
Group care units
Guesthouses 8 8 8 8
Health services 8011
Homeless shelters 8322
8062-
Hosoitals 8069
9 For watercraft only. (Not as an auto gas station or fueling center).
1. Text underlined is new text to be added.
2. Toxt E:tril~ethrou!.ilh is current text to bo doleted.
152
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
ClJ 0 := "... N C") .,.
I I I
"C Z I 0:: 0:: 0:: 0::
0 I ::::I I I I I
0 ::::I :IE ::::I ::::I ::::I ::::I
0 :E :E. :E :IE :E
c c c c c c
U5 !Xl !Xl !Xl !Xl !Xl !Xl
7011,
Hotels and motels 7n?1
Huntina cabins
Incinerators
Jails
Justice, public order & 9211-
safeh' 9224
0742.
Kennels & kennelina 0752
Kiosks
Leather tannina & finishina 3111
Livestock
4111-
Local and suburban transit 41?1
4131-
Local and suburban transit 417::1
2411-
2421.
Lumber and wood oroducts 2429
Maintenance areas
Maior maintenance facilities
4493.
Marina 4499
Mental health facilities
Merchandise - outdoor
sales
Miniature aolf course 7999
Mixed residential and
commercial
Model homes and model
sales centers
Motion picture theaters 7832
Motion oicture theaters 7833
4212.
4213-
Motor freiaht transportation 4225.
and warehousina 4226
1. Text underlined is new text to be added.
2. Text ctrilwthrough is current toxt to EO dolatod.
153
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
Ql U 3: .... N M V
I I . I
"C Z I c::: c::: c::: c:::
0 I :J I I I I
U :J :J :J :J :J
~ ~ ~ :!: :!: :!:
~ 0 0 0 0 0 0
(J) llJ llJ llJ llJ llJ llJ
Motor freiqht transportation 4225,
and warehousina 4226
Noncommercial boat
launchina ramps
Nurserv - retail 5261
Nursinq and personal care 8062
facilities
Nursina homes
1321.
Oil and aas extraction 11R2
Oil & qas field development
and oroduction
Outdoor displav
Packinahouse
Paper and allied products 2611
Personal services 7291
Petroleum refininq and 2911-
related 2999
Pistol or rifle ranae
Plav areas and plavarounds
Poultry raisina (small)
3312-
Primary metal industries 3399
Private boathouse and A A A A
docks
Private clubs
Private landina strips
Pro shops (Iarae)
Pro shops (small)
Recreational facilities
Recreational services
Refuse systems 4953
Rehabilitative centers 8093
1. Text underlined is new text to be added.
2. TOl<< strikothrough is current toxt 10 bo dolotod.
154
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
Q) 0 3r ~ N M .q-
I I I I
'C Z 0::: 0::: 0::: 0:::
0 I ::) I I I I
0 ::) :E ::) ::l ::) ::)
0 :!!!: :!!!: :!!!: :!!!: :!!!:
C C C C C c
en m m m m m m
Reoair or storaae areas
Residential uses
Resource recovery olant
Restaurant (small) or snack 5812
!':hnn
Restaurant (larae) 5812
Retail shops or sales
Rubber and misc. Plastic 3061-
ornrh ,,..t,,, ~nR9
Sanitary landfills
Sawmills
Schools oublic or orivate
Schools orivate
8243-
Schools vocational R?99
Service facilities
Slauahterina olants 2011
Social association or clubs 8641
8322-
Social services 8399
SauD kitchens
Sports instructional camps
nr
Staaed entertainment facilitv
3211.
3221.
3229,
3231.
3241.
3274.
Stone, clay. alass and 3291-
concrete oroducts 3299
Swimmina oools - public
Swimmina oools -orivate 8- 8- 8- 8- 8- 8.
1. Text underlined is new text to be added.
2. Toxt strikothrough is current text to be doletod.
155
Bayshore Mixed Use District 1/25/06
C = conditional use
A = accessory use
Ql u ~ ..... N C") oo::t
I I I I
'0 Z I 0:: 0:: 0:: c:::
0 . ::J I I I I
U ::J ::!!: ::J ::J ::J ::J
::!!: ::!!: ::!!: ::!!: ::!!:
~ c c c c c c
(J) a::I a::I a::I a::I a::I a::I
Stora e enclosed
Tennis facilities
2231,
2261-
2269.
2295,
Textile mill roducts 2296
Transfer stations 4212
0741-
Veterinarian's office 742
5015.
5051.
Wholesale trade - durable 5052,
oods 5093
5162.
5169.
5171,
Wholesale trade- 5172,
nondurable oods 5191
Yacht club 7997
Zoo
156
1. Text underlined is new text to be added.
2. Text strikethrolJgh is current text to ba dolatod.
Bayshore Mixed Use District 1/25/06
CHAPTER 4
SITE DESIGN AND DEVELOPMENT STANDARDS
4.01.00 Generally
4.01.01 Elevation Requirements for All Developments
4.01.02 Kitchens in Dwelling Units
4.02.00 Site Design Standards
4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
4.02.04 Standards for Cluster Residential Design
4.02.05 Specific Design Standards for Waterfront lots
4.02.06 Standards for Development in Airport Zones
4.02.07 Standards for Keeping Animals
4.02.08 outside Lighting Requirements
4.02.09 Design Requirements for Shorelines
4.02.10 Design Standards for Recreation Areas within Mobile Home Rental Parks
4.02.11 Design Standards for Hurricane Shelters within Mobile Home Rental Parks
4.02.12 Design Standards for Outdoor Storage
4.02.13 Design Standards for Development in the BP District
4.02.14 Design Standards for Development in the ACSC-ST District
4.02.15 Design Standards for Development in the SBCO District
4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict
4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict
4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1)
4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2)
4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3)
4.02.21 Same Development in the 6MUD Residential Neighborhood Commercial Subdistrict (RNC)
4.02.21 DesiQn Standards for Development in the BMUD--Residential Subdistrict (R4)
1. Text underlined is new text to be added.
2. Text r:trikethreugh iE: current tOla to be deleted.
157
Bayshore Mixed Use District 1/25/06
4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict
A. Purpose
The purpose and intent of this ~ubdistrict is to encourage a mix of low intensity commorcial
uses and residential uses. Developments will be human scaled ::md pedestri:::1n oriented.
Property within the Neiqhborhood Commercial Subdistrict will remain under current LDC
requlations (except for site development standards as stated in Chapter -1 section 1.02.00
Site Development Desiqn Standards), unless specified otherwise below. until the When an
property owner applicant receives Mixed Use Proiect (MUP) approval from the BCC.. in tT
the BMUD NC Subdistrict allows residential and commercial (C 1 throuqh C 3) uses if 3S
part of a mixed use development approved.
Residential zoned property in the Neiqhborhood Commercial Subdistrict for. which the
underlvinq zoninG! is residential. is allowed to have commercial uses onlv if it is part of an
approved mixed use proiect development.
CA. Dimensional Standards
Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict.
Design Standards
Minimum Setbacks
Front Yard
Front yard infill project Buildings containing commercial or residential uses
are required to a minimum depth of 35 feet from the
front setback line on all floors. The remaining depth
may be used for parking. ,^.t five feet, 80 percent of
the structure must be located at the required front
setback line. Consistent front yard \...ith adjacent
~~i~;~~
Front Yard Build-to-Line 5 feet from the nronertv line to the buildina footnrint.
The Front Build-to-Line shall also 1. Eiqhtv percent of the structure must be located at
apply to any new buildinQs or the required Front Yard Build-to-Line: the remaininq
structures in the C-1 throuqh C-5 20 percent must be behind the Front Yard Build-to-
Zoninq Districts which underlay Line within the ranqe of 3 to 10 feet.
the BMUD Neiqhborhood
Commercial Subdistrict. 2. Buildinqs containinq commercial or residential
uses are required to have a minimum depth of 35 feet
from the Front Yard Build-to-Line setback line on all
floors. The remaininq depth of the lot may be used for
parkinq.
3. Buildinqs which face Bayshore and intersectinq
side streets shall have the same Front Yard Build-to-
Line as the Front Yard Build-to-Line for Bayshore.
Minimum Setbacks
Side yards - abuttina residential 15 feet
Side yards - all other 5 feet
1. Text underlined is new text to be added.
2. Text strikethrough is current text to be doleted.
158
Bayshore Mixed Use District 1/25/06
Rear yard 20 feet
Waterfront'U +t 25 feet
BuildinQ Standards
Locations on Bavshore Drive First floor elevation le'.'el with the side'Nalk. The first
floor of the buildinas must be utilized f.or commercial
""
Building Design VVhere possible buildinas facina B::wshore Dri'Jo wrap
around the corner as depicted on BMUD FiQure 1.
The buildina facades facina the intersectina east-
west streets with Bavshore shall have the same
architectural desian treatment as the buildina facade
facing Bavshore Drive.
Maximum Residential Density 12 units per acre
Maximum sauare footaqe A buildina with commercial use on Iv is limited to a
maximum sauare footaae of 20 000 square feet.
Minimum Floor Area 700 square foot gross floor area for each building on
the ground floor.
Buildina Heiaht of StOry 14 feet of buildina heiaht eauals one story
Maximum height of structures
Properties developed in conformance with underlying C-4 and C-5 zoning classifications
are restricted to maximum building height per section 4.02.01 A. Table 2.
100utdoor seating areas. canal walkway, water management facilities, and landscaping area may be located within the required setback.
11 To allow Iho rnaxirn~rn ~6e of Iho wateFfronl, Rew G9RstruGtl9R b~ilaiR!I I'llaCerneRI en a lei caR '~arl ~F9rn tRe roq~irea setbacks, I'lroviaea s~ch
variatien is nlCemmoRElea by tRe CR,^. staff ana tRe ce\,lnty architest ami appro"eEl by Ihe Ce~nty Mana!ler er E1esi!lnee.
1. Text underlined is new text to be added.
2. Text strikethrough is current text to be deleted.
159
Bayshore Mixed Use District 1/25/06
Commercial use onlv buildings 3 stories or 42 feet to buildinq eave or top of a flat
built-up roof. measured to above sidewalk qr:lde to
Maximum Actual Heiqht of buildinq eave. first finished floor elevation. bv NFIP
Structure 56 Feet. standards. sidewalk elevation. Parapets on flat roof
can be no more that 5 feet in heiqht.
Residential use only buildinqs 3 stories or 42 feet to buildinq eave or top of a flat
built-up roof. measured to the first above sidewalk
Maximum Actual Heiqht of qrade to buildinq eave floor elevation. bv NFIP
Structure 56 Feet. standards. Parapets on flat roof can be no more that
5 feet in heiqht.
Mixed-use buildinqs residential on 4 stories or 56 feet to buildinq eave or top of a flat
top of commercial uses built-up roof. measured above side'Nalk qr:::lde to
buildinq eave to from the first finished floor elevation.
Maximum Actual Heiqht of bv NFIP standards. Parapets on flat roof shall be no
structure 70 Feet. more than 5 feet in heiqht. Onlv the first two floors
shall be used for commercial uses. The first floor
ceiling height at the sidewalk level shall be no less
than 12 feet ::md no mora than 18 feet in height from
the finished floor to the finished ceiling :::lnd sh311 be
limited to commercial uses only.
Hotel/Motel 4 stories or 56 feet to buildinq eave or top of a flat
built-up roof. measured from the first finished floor
Maximum Actual Heiqht of elevation. bv NFIP standards. Parapets on flat roof
structure 70 Feet. can be no more that 5 feet in heiqht.
Ceilinq Heiqht
The first floor ceilinq shall be no less than 12 feet and
no more than 18 feet in heiqht from the finished floor
to the finished ceilinq and shall be limited to
commercial uses onlv.
~. Special Requirements for Accessory Uses.
1. Uses and structures that are accessory and incidental to the permitted uses allowed
within this subdistrict are allowed unless otherwise prohibited in this subdistrict.
2. BMUD-NC land Properties immediately adjacent to Haldeman Creek may engage in
boat rental operations.
3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront (W)
Subdistricts, as indicated on BMUD Map No. 1 Belew, may construct a dock
provided the lots are under the same ownership as the adiacent BMUD-NC or
BMUD-W parcels. and h3ve been 3pproved by the County Man3gor or designee. A
site development plan shall be submitted to the County Manager or designee and
must succeed in qaininq approval.
1. Text underlined is new text to be added.
2. Text strikethrough is current text to be deleted.
160
Bayshore Mixed Use District 1/25/06
~. The following regulations govern the outdoor display and sale of merchandise.
1. No automatic nood and drinking vending machines or public pay phones are permitted
outside of any structure.
2. Newspaper vending machines will be limited to two machines per project site~ and mUE:t bo
architecturally integrated within the project site.
3. Outdoor display and sale of merchandise, within front yards on improved properties, are
permitted subject to the following provisions:
a. The outdoor display/sale of merchandise is limited to the sale of comparable
merchandise sold on the premises~ and as indic3tod on the proprietors' occupational
license.
G. The outdoor display/sale of merchandise is permitted on improved commercially
zoned properties and is subject to the submission of a E:ito development plan that
demonstrates that provision will bo mado to 3dequately address the follmving:
i. Vehicular and pedestrian traffic E:af.ety moasures.
ii. Location of sale/display of merchandise in relation to parking areas.
iii. Fire protection measures.
iv. Limited hours of operation: from da'Nn until dusk.
\'. Merchandise must be displayed in a vendor cart that complements the
architectural style of the building that it is accessory to.
vi. Vendor carts located on sidewalks must afford a five (5) foot cle3rance for
non obstructed pedestrian tr3ffic.
eO. Parkina Standards.
1. Four (4) +Afee spaces per 1,000 square feet of floor area open to the general public for
commercial use.
2. Minimum two (2) one and one half (1.5) GM parking spaces for each residential unit.
3. Outdoor cafe aFeaS seatinq shall be exempt from parking calculations.
4. ,^,ccess to the off street parking facility must be from the local ~ streot unless restricted
due to lot size.
5. Should the property owner develop on streot p3rking spaces on IOC31 streets within the same
block of the project site, then each space so provided shall count as one space tow:ird the
parking requirement of this subsection.
9,. 4. On-street parking on local streets excluding Bayshore Drive requires an agreement with the
county to use the public right-of-way for parking. Angle or parallel parking (as depicted on
BMUD Figure ~1 (GaIGwf is permissible based on the site development plan as approved by
the planning services department County Manaqer or desiqnee and built to county standards.
The property owner must agree to m:iintain that portion of the public right of W:iy 'Nhero tho
parking is located.
3 ~. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) Subdistricts,
as indicated on BMUD Map No.1, may be used for off-site street parking. The Accessory
Parking Zone provided the lots :iro must be under the same ownership or leqal control (i.e..
lease or easement. etc), and meet the standards of section 4.05.02 of this LDC and have 9-
site development plan GeeA-approved by the County Manaqer or desiqnee. a--site
development plan. shall be submitted to the County Manager or designoo.
1. Text underlined is new text to be added.
2. Text strikethrough is Gblrrent toxt to be deleted.
161
Bayshore Mixed Use District 1/25/06
BMUD FiQure 1 - Typical Corner Lot Development and On-Street ParkinQ (For illustrative
purposes only)
IDl
1m EID
[ DELETE GRAPHIC]
MUD Fioure 2 Typical On street P3rkino
c
c
!tEl
!tEl !tEl
8. On street p3rking on Bayshore Drive shall be made 3'1aibble to the property owner on 3 first
come first serve basis at the time of site development pl3n (SOP) or site improvement pbn
(SIP) 3ppro'/al provided the parking does not interfere with the on street bike lanes and is
located within the block in which the block that the property it serves is located.
~ Construction or renovation of any building must occur within ninety (90) d3Ys of the SOP or
SIP 3pproV31 3nd be completed within six (6) months of commencement in order to secure
the on street parking sp3ces. Due to circumst3nces beyond the control of the applic3nt the
property owner may request 3n extension from the County M3nager or designee. These
spaces must be used toward the fulfillment of the parking requirements set forth herein.
.1.!L The off site parking requirements of section 1.05.02 J. of the LDC shall apply. Vehicular
egress points may be located on local streets opposite residenti31 homes provided they are
within the Bayshore Mixed Use Overlay District.
4:k ~. Shared parking requirements shall be consistent with those provided in subsection 4.05.02
of the LDC, except that the County Manager or designee can approve or deny requests
instead of the Zoning & Land Development Review Director with review by the CDES
Administrator Board of Zoning Appeals or Planning Commission. Shared parking spaces
may be separated by Bayshore Drive provided the two properties are located within the
BMUD.
f'E. Design Standards For Awnings, Loading Docks, and Dumpsters
.+.- Retractable awnings Sh311 be exempt from fire sprinkler requirements. Fixed awnings under
115 square f-eet shall be subject to sprinkler requirements but only from the pobble 'Nater
supply 'Nithout requirements for backflovl protection.
;h1:. Loading docks and service areas shall not be allowed on the front3ge line. alono the street
frontaoe.
~2. All dumpsters for new developments must be located in the rear yard of the property, and
not visible from Bayshore Drive.
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Bayshore Mixed Use District 1/25/06
G. Architectural Standards.
1. ",II buildings shall meet the requirements set forth in section 5.05.0B unless othol"'Niso
specified belO'.v.
2. All buildings adjacent to B3yshore Drive will have the princip31 pedestrian entrance fronting
Bayshore Drive.
3. Thirty five (35) percent of the buildings facade that faces ~ Bayshore Drive will be clear
gtass.,
1. Clear gl3sS ':lindo'lls with a tint of 25% or less, betv..een the height of two (2) three (3) and
seven (7) eight (8) feet above side'N3lk grade are required on the primary f::1c3de of the first
floor of any building.
5. ,^.ttached building awnings may encroach over the setback line by a maximum of five (5)
~
6. Florescent Neon colors shall not be used as accent colors.
F. Landscapinq and Buffer Requirements
1. As required by section 4.06.00 of this Code. unless specified otherwise below:
2. Buffers are required between BMUD-NC and BMUD-W Subdistricts and contiouous BMUD-
R1 throuah R4 Residential Subdistricts. A minimum 10-foot wide landscaped area shall be
required. This area shall include: a (6) six-foot hiqh opaque masonry wall: a row of trees
spaced no more than 25 feet on center: and a sinqle row of shrubs at least 24 inches in
heiqht. and 3 feet on center at the time of plantinq. Landscapina shall be on the commercial
side of the wall.
3. A shared 10' wide landscape buffer with each adiacent property contributing 5 feet is
required between BMUD-NC and BMUD-W Subdistricts abuttina commercial zoned districts
or abuttinq BMUD-NC or BMUD-W Subistricts.. However, the equivalent buffer area square
footaqe may be provided in the form of landscaped and hardscaped courtyards. mini-plazas,
and outdoor eatinq areas.
4. Buildina Foundation Plantina
The foundation plantinq shall be a minimum of 50% of the around floor buildinq perimeter
measured in linear feet and an averaoe of five-feet (5) wide. This area must be landscaped
with trees and/or palm trees in the amount of one tree or palm per 25 linear feet of buildinq
foundation plantina perimeter: and with shrubs least 24 inches in heiqht and 3 feet on center
at the time of plantina with around covers other than qrass. Trees and palm trees shall be
planted in areas that are a minimum of 8 feet wide. Palm trees, when used to meet these
buildinq foundation requirements, shall be counted as one palm is the equivalent of one
tree.
5. Water Manaqement Area
A minimum of 50% of the water manaqement area shall be landscaped. Trees shall be
provided at the rate of 1 tree per 250 square feet. with the balance of the area landscaped
with shrubs. qround covers and ornamental qrasses.
6. Parkina Perimeter
ParkinQ lots and/or access drives abuttinq commercial property shall be required to have a
minimum 10 foot perimeter landscaped buffer. This area shall include a row of trees spaced
no more than 30 feet on center.
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Bayshore Mixed Use District 1/25/06
7. Riqht-of-Wav Buffers
External riqht-of-wav's (ROW) adiacent to the Neiqhborhood Commercial Subdistrict (NC)
are not required to have ROW buffers when the adiacent streetscape landscapinq meets the
equivalent Tvpe D landscape buffer.
a. The streetscape and landscapinq standards in the ROWs abuttinq C-1 throuqh C-5
commercial. BMUD NC and BMUD W developments will be based on Streetscape
Desiqn Guidelines to be prepared bv Bavshore I Gatewav Trianqle CRA Advisory
Board and Bavshore Avalon Beautification MSTU.
8. Streetwalls
Streetwalls shall be used when surface parkinq lots abut the riqht-of-wav of Bavshore Drive,
Van Buren Avenue and Thomasson Drive.
a. The wall shall be constructed of the same materials as the primary buildinqs and be
3 to 4 feet in heiqht. and shall have a 12 inch proiection or recess a minimum of
every 10 to 15 feet. The"streetwall" can be a combination of "wall" and metal "fence"
materials. The street side of the "streetwall" shall have trees at 30 feet on center
and shrubs least 24 inches in heiqht and spaced 3 feet on center at the time of
plantinq, with qround covers other than qrass in a minimum 5 foot wide strip. No
Streetwall is required if all of the parkinq is located in rear of development.
b. No two streetwalls shall adioin on a common property line.
c. The streetwall shall be set back the appropriate distance from the front yard setback
line in order to meet County standards for Site Distance Trianqles (Section 4.06.01,
0.1.) for eqress from parkinq lots.
9.
Dumpsters
Dumpster walls shall have a 3 foot wide landscape strip containinq a sinqle row, 4 foot
heiqht. 10 qallon hedqe, planted 4 feet on center.
10.
These Landscapinq and Buffer requirements shall applv to all new buildinqs in the BMUD
Neiqhborhood Commercial (NC) and Waterfront (W) Subdistricts and C-1 throuqh C-5
Zoninq Districts.
iiiOi
SideParkJaflLo.tWfth straetwall
d
o
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Bayshore Mixed Use District 1/25/06
G. Architectural standards Desian Theme.
The "Florida Cracker" architectural theme is encouraaed for any new developments or existing
buildino rehabilitation or renovation in the C-1 throuoh C-5 zonina districts which underlav the BMUD
Neiahborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suaaested architectural
desian theme is used then the elements of the buildinas should reflect the architectural vernacular of
the "Florida Cracker" style.
BMUD Fiaure 3: "Old Florida" or "Florida Cracker" Vernacular (For illustrative purposes onlv)
~
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I ",j '~ I .if' '
:L.t:J'if' ,- ,-
.
. ,
1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise
specified below.
2. Reaardless of the architectural theme chosen, the followina desian elements are reauired.
a. Hip or aable buildina roofs shall be metal seam ( 5v Crimp, standino seam or similar
desian)
b. Windows with vertical orientation and the appearance of divided alass trim.
c. Facade wall buildino materials shall be of wood. stucco finish or cement board
products.
2d. All buildinas adiacent to Bavshore Drive shall have the principal pedestrian entrance
frontino Bayshore Drive.
3e. Thirtv-five (35) percent of the buildinas facade that f-aces alona Bayshore Drive will
be clear alass.
4f. Clear alass windows with a tint of 25% or less, between the heioht of two (2) tAJ:ee
rn and seven (7) eiaht (8) feet above sidewalk arade are reauired on the primary
facade of the first floor of any buildino.
Sa. Attached buildina awninas may encroach over the setback line by a maximum of
five (5) feet.
6h. Florescent NeGA- colors shall not be used as ::Iccent colors.
H. Sions. As reauired bv division 5.06.00 unless specified below:
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2. Text strikethrough is currant text to ba Gelatad.
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Bayshore Mixed Use District 1/25/06
1. One "sandwich siqn" is allowed per business establishment as lonq as it's base is no more
than 30 inches and a maximum heiqht of 42 inches.
I. Specific Standards for Bed And Breakfast Lodqinq as a Conditional Use.
1. Minimum number of quest rooms or suites is two (2) with a maximum number of six (6).
Guest occupancy is limited to a maximum stay of thirty (30) days. The minimum size of
bedrooms for quest occupancy shall be 100 square feet.
2. No cookinq facilities shall be allowed in quest rooms.
3. Separate toilet facilities for the exclusive use of quests must be provided. At least one (1)
bathroom for each two (2) questrooms shall be provided.
4. All automobile parkinq areas shall be provided on site, based upon a minimum of two (2)
spaces plus one (1) space for each bedroom. All other applicable provisions of this LDC
relative to parkinq facilities shall applv.
5. One (1) siqn with a maximum siqn area of four (4) square feet containinq onlv the name of
the proprietor or name of the residence. Siqn letterinq shall be limited to two (2) inches in
heiqht and shall not be illuminated.
6. An on-site manaoer is required.
4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict
A. Purpose Desiqn Standards for the Subdistrict are the same as those set forth for the BMUD
Neiqhborhood Commercial Subdistrict. unless set forth below. Development in this Subdistrict is
encouraqed to be a mix of restaurant and retail uses while allowinq for limited marina uses.
A. fh. Special conditions for Marinas:
1. Repair and .Qry storage areas shall not be visible from the ~ street.
2. Boats available for rental purposes shall be located in the water or properly screened with a
fence or wall from the local side streets roadways and not visible from Bayshore Drive.
3. All boat racks shall be enclosed7, with a wall or fence. The fence material can be wood. vinvl
composite. concrete block with stucco finish or metal or a combination. No chain link fence
is allowed.
4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the
Board of Zoning Appeals (BZA) upon approval of a variance petition. The BZA, in addition to
the findings in Chapter 9, shall consider whether or not the liter:J1 interprotation of the
provisions of this LDC imposes :3 financi31 hardship on the 3pplic:Jnt.
5. Outdoor displays of-fIeW boats for sale on properties fronting Bayshore Drive shall be limited
to the following:
a. All areas used for ReW boat sales displav activities shall occupy no more than
thirty-five (35) percent of the linear frontage of the property.
b. All bO:Jt sale :Jcti'Jities are limited to new boat sales.
G-:-b. All ReW boat sale areas shall not be closer to the frontage line than the primary
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Bayshore Mixed Use District 1/25/06
building they serve.:. unless it is otherwiso recommended f{)r approv~ reviewed ::md
commented upon bv the CRA Local f.dvisorv Board sbff and shall be
administratively appro'/ed by the County Manager or dosignee.
G:-c. All fleW boats located within an outdoor sale~ area shall not exceed the height of
seventeen (17) feet above existing grade.
a-d. Outdoor sales areas shall be connected to the parking area and primary structure
by a pedestrian walkway.
f:.e. An additional 10 foot landscape buffer is required around the perimeter of the
outdoor boat sales area. This buffer must include, at a minimum fourteen (14)-foot
high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row
hedge spaced at three feet on center at the time of planting.
6. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the
following:
a. All areas used for boat sales shall utilize no more than fifty (50) percent of the linear
frontage of the property.
b. All fleW boat sale areas shall not be closer to the frontage line than the primary
building they serve. unless it is otherNise recommended for approv::!1 reviewed and
commented on by the CRJ\ Local Advisory Board staff and Sh311 be ::ldministratively
approved by the County Manager or designee.
c. All boats located within outdoor sales areas shall not exceed a height of thirty-five (35)
feet above the existing grade. Sailboat masts are exempt from this limitation.
d. Outdoor sales areas shall be connected to the parking area and primary structure by
a pedestrian walkway.
e. An additional landscape 10 foot buffer is required around the perimeter of the outdoor
sales area. This buffer must include, at minimum fourteen (14) foot high trees, spaced
at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at
three (3) feet on center at the time of planting.
7. One (1) parking space per five (5) dry boat storage spaces.
8. On-site traffic circulation system shall be provided that will accommodate areas for the
loading and unloading of equipment that will not encroach .\dQon residential developments.
4.02.18 Same Desian Standards for Development in the BMUD - Residential Subdistrict (R1)
Subdistrict desiqn standards encouraqe the development of a variety of housinq types which are
compatible with existinq neiqhborhoods and allow for buildinq additions such as front porches. In
new development the purpose is to encouraqe a traditional neiqhborhood desiqn pattern. The intent
is to create a row of residential units with uniform front yard setbacks and access to the street.
1. Text underlined is new text to be added.
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Bayshore Mixed Use District 1/25/06
A. Dimensional and Design Standards
Table 12. Design Standards in the BMUD Residential Subdistrict R1.
Design Standards
Maximum Density: 12 units per ::lcre Density allowed for underlvinq zoninq pursuant to the
Densitv Ratina Svstem' unless affordable housina densitv bonuses are aranted.
Minimum Lot Width (feet)
Single-familYaRG 50 feet
Two-family/Duplex 50 feet
Townhouses 25 feet
Multi-family 1 00 feet
Minimum Setbacks
Min. Front Yard At Min. Side Yard Min. Rear Yard
(feet)
One sinqle (single) family 10 feet* dwelling 7.5 feet unless abutting 15
detached dwelling unit commercial property, then 5
feet
Two family / Duplex 10 feet: 5 feet unless abutting single 15
dwellinq units ~~_:r.. .._:. ....__ '7 t:: i__.
,
Townhouse 1 0 feet~ o feet when abutting another 15
townhouse, if not then the
same standards as a two
family dwellinq unit
Multi-family (three or more) 1 0 feet~ 5 feet unless abutting single 15
dwelling units familv unit, then 7.5 feet
Buildinq Standards
Minimum Floor Area 750 square foot per unit
Sinqle-family 1500 square feet per unit
Two-family/Duplex 1 OOOsquare feet per unit
Townhouses 1000 square feet per unit
Multi-familv 750 square feet per unit
Maximum 3 habitable floors or 4Q 42 feet to buildinq
Height of Principal Structures eave or top of a flat built-up roof. measured
Maximum Actual Heiqht of Principal Structures from the first habitable floor elevation. by
56 Feet NFIP standards. Parapets on flat roof can be
no more that 5 feet in heiqht.
Maximum Height of Accessory Screen Same as principal structure, not to exceed 35
Enclosures feet
Maximum height of all other accessory structures ~ 26 feet, but in no case hiqher that the main
build inn.
Parking Standards
All uses 1 space per dwelling unit.
Parkinq standards Parkinq standards as required by sections
4.05.02 and 4.05.03 of this Code.
* Shall be ten feet from the property lino to tho building footprint.
B. Specific Design Requirements
1. There shall be no visible parking area from the frontage road.
Parkinq areas shall not be visible from Bayshore Drive.
2. Buildings and their elements shall adhere to the following:
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Bayshore Mixed Use District 1/25/06
a. Street-facinq facades of multi-familY 8Q.uildings shall be divided using articulation
and/or modulation at least every sixty (60) eighty (80) feet.:. facade modulation is
stepping back or extending forward a portion of the facade at least five (5) ~ tet
feet measured perpendicular to the front facade for each interval. Articulation
includes porches, balconies, bay windows and/or covered entries.
b. The primary residenoe entrance shall be oriented to the street. Orientation is
achieved by the provision of a front facade including an entry door that faces the
street.
c. On corner lots, both street facades of a building shall have complementary details;
in particular, building materials and color, rooflines and shapes, window proportions
and spacing, and door placement.
d. All mechanical equipment must be screened with a three (3) foot high ~
spaced three (3) feet on center or an opaque fence or wall at a aflY heiqht which is
~ 18 inches above the top of the equipment. to completely screen the mechanical
equipment.
e. Stem wall construction is required, no monolithic construction is allowed.
!:. Landscapinq and buffer requirements for new residential development as required
by section 4.06.00 of this Code.
BMUD Fiaure 4- Tvpical Front Elevation. Residential Development (For illustrative purposes only)
.---
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$iiIf1/8~~TWO~..
t,"!.Femfylbu"iex1.Tom.~;
n..."-mIylI:lupieor
~NuilJ..FemIJy
3. Buildings shall adhere to the following elevation requirements:
a. The first habitable floor at the street facade may not be greater than one (1) foot
three (3) feet over the minimum first floor elevation designated in the National Flood
Insurance Program (NFIP) Flood Insurance Rate Map. by tho Federal Emergency
management Agency (FEMA). ,~. maximum of forty (10) percent of the first
habitable floor m3Y be greater than one (1) foot over the FEMA design3ted
minimum first floor elevation.
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Bayshore Mixed Use District 1/25/06
b. A maximum of two feet of fill shall be allowed on site towards meetinq NFIP
requirements. Additional NFIP finished habitable floor heiqht requirements shall be
accomplished throuqh stem wall construction. Stem walls shall be finished in
material and color complimentary to the main structure.
c. Open stilt-type construction is not permitted. On front yards, the foundation area
below the first floor must be treated with a solid facade or lattice which is consistent
with the architectural style of the building.
g. The garage floor shall not exceed twenty-four (24) inches above the elevation of the
right of ","ay crown of road from which it is accessed.
4. Front porches that shall adhere to the following7~ standards may encroach seven (7) feet
into the front yard setback if the structure is loc3ted on the Minimum Front Yard Setback (10 feet)
with an additional throe (3) foot encroachment allowable for ontry stairs.
a. Front porches may encroach seven (7) feet into the front yard setback if the
structure is located on the Minimum Front Yard Setback (10 feet) with an additional
three (3)-foot encroachment allowable for entry stairs.
BMUD Fiaure 5: Front Porches (For illustrative purposes only)
I
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LbLb
B!B
1eJ16r
Porat.. _" enorullOh 7 FT
7 hIto Fnlnt V..a ......
ODD ODD
ODD ODD
ODD ODD
ODD ODD
BldewllJl
p-
Pon:hes 40% of
Front Facade
.....
ab. Front porches must cover a minimum of forty (40) percent of the horizontal length of
the front yard facade of the primary residence.
Be. Front porch design and material shall be consistent with the architectural design
and construction material of the primary residence.
sd. Front porches shall not be air conditioned nor enclosed with glass, semon, or other
material. Front porches shall not be air-conditioned nor enclosed with glass, SGFeeR
plastic, or other materials. Screeninq the porch is allowed as lonq as the moldinqs
that hold the screen material matches the material and desiqn character of the
structure.
ee. Front S-~econd-story porches are encouraged, but no enclosed room is permitted
above the front porch.
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Bayshore Mixed Use District 1/25/06
5. Garages and driveways.
a. The rear setback may be reduced to ten (10) f-eet if a front access garago is
constructed on the rear of the residence.
e,.a. Garage doors shall have a maximum width of sixteen (16) feet.
c. Only one driveway is allowed per fifty (50) linear f-eet of front property line. The
drive'Jlay shall have a m::lximum width of eighteen (18) feet in the right of W::lY are::l.
G:-b. The driveway shall have a maximum width of eiqhteen (18) feet in the riqht of way
area. Other than the permitted driveway. the front yard may not be paved or
otherwise used to accommodate parkinq.
e. Gar3ges shall be recessed a minimum of three (3) feet behind the front f3cade of
the primary residence.
BMUD FiQure 6: Garaae Drivewav (For illustrative purposes onlv)
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f No carports are permitted.
c. No freestandinq carports are permitted. Carports and porte-cochere must be
attached to the main structure and of similar materials and desiqn as the main
structure.
d. The distance from the back of the sidewalk to the qaraqe door must be at least 23
feet to allow room to park a vehicle on the driveway without parkinq over the
sidewalk. Should the qaraqe be side-loaded there must be at least a 23-foot paved
area on a perpendicular plane to the qaraqe door or plans must ensure that parked
vehicles will not interfere with pedestrian traffic.
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Bayshore Mixed Use District 1/25/06
BMUD FiQure: 7 Porte-cochere (For illustrative purposes only)
.-.-.- - - _.- - _.- - .,
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6. Accessory Unit
An accessory unit is a separate structure located at tho r03r of on the property and related to the
primary residence (sinqle-familv detached only) for uses which include, but are not limited to:
hlibrary, studio, workshop, playroom, screen enclosure. qaraqe, swimminq pool or Questhouse ~
quartors. Ownership of an accessory unit shall not bo tr3nsforrod independently of tho primary
residenco.
a. Ownership of an accessory unit shall not be transferred independentlv of the primary
residence.
a.b. Only one (1) accessory unit of each type is permitted per principal structure.
-I:M:. The maximum area of an accessory unit is 550 square feet, limited to one (1) habitable
floor.
G-:-d. The accessory unit may be above a garage or may be connected to the primary residence
by an enclosed breezeway or corridor not to exceed eight (8) feet in width.
€he. The maximum height of a structure containing a questhouse tfA.i.t over a garage is limited to
a maximum of fiftoon (15) twenty (20) feet, measured from the level of graded lot to the
eave, and with a maximum evefatl. actual building height of twenty-six fetlf (26) (24t feet to
the top of the roof. ^ structure containing only 3 guoct unit is limitod to one (1) story 3nd ten
(10) feet, m03surod from the FEM^ first h::lbitablo floor hoight requiremont to the 83VO, with
a maximum ovor311 building height of sixtoon (16) foot to tho top of the roof.
t A structure containinq onlv a Quest unit must meet the NFIP first habitable floor HeigAt
elevation requirement. The maximum actual buildinQ heiqht shall not exceed twenty-six (26)
feet to the top of the roof.
1. Text underlined is new text to be added.
2. Toxt strilwthrough is current toxt to bo dolotod.
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Bayshore Mixed Use District 1/25/06
e For purposes: of c::llculnting density, an accessory unit will count as one half (%) a dwolling
I:ffiit..
Table 13: Setbacks for Accessory Buildinas and Structures
Buildina I Structure Front Rear Side
Librarv SPS. 1 0 feet SPS.
Studio SPS. 1 0 feet SPS*
WOrkShOD SPS. 15 feet SPS.
Swimminq pool and/or SPS. 10 feet SPS.
screen enclosure
PIa vroom SPS. 10 feet SPS.
Garaae SPS. 1 0 feet SPS.
Garaae Guesthouse above SPS. 15 Feet SPS.
Guesthouse SPS. 15 Feet SPS*
*SPS - Same as principal structure
7. Fencing forward of the primary facade of the structure is permitted subject to the following
conditions:
a. The fence shall Gees not exceed 42 inches four (1) feet in height.
b. The fence shall have an opacity ranqe of 18% to 50% is not opnquo but providos an open
view
c. Chain link fence is prohibited.
d. The fence material shall be wood, vinyl, composite. stucco block or metal iffiA..
~ A mas:onry wall is permittod nnd shall not excoed three (3) feot in hoight.
f,. Fencing and walls must architecturnlly complement the prim::lry structure. al> determined by
tho County Manager or designee.
BMUD Fiaure 8- Permitted Tvpical Fencina (For illustrative purposes onlv)
C. Specific st::lndards for bod nnd breakfast lodging as a conditionnl use:
1. ,^, sito dovelopment plan pursu3nt to Chapter 10.
173
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Bayshore Mixed Use District 1/25/06
2. Minimum numbor of guest rooms or suitos is two (2) with a maximum number of six (6).
Guost occupancy is limitod to :3 m3ximum stay of thirty (30) day!::. Tho minimum sizo of
bedrooms for guost occupancy shall bo 100 square feet.
3. ~Jo cooking facilitioe !::h311 be allo'l.'ed in guest roome.
1. Sop:3r:3to toilot facilities for the exclusive use of guests must be provided. /\t loast ono (1)
bathroom for ooch hvo (2) guestrooms shall be provided.
5. All 3utomobilo parking areas shall be provided on site b3sed upon a minimum of two (2)
spaces plus one (1) Sp::lCO for each w.'o (2) bodrooms. /\.11 other applicable provisions of this
LDC relative to parking bcilities shall 3pply.
6. Ono (1) sign with a maximum sign area of four (1) squoro foot cont3ining only tho name of
the propriotor or name of the residence. sign lettering shall be Iimitod to two (2) inchos in
height and shall not be iIIuminatod.
7. /\n on site manager is required.
8. The facility Sh311 comply with oil businos!:: Iiconse, certifications, and health Iawe of Collier
County and tho State of Florida.
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Bayshore Mixed Use District 1/25/06
4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2)
A. Tho purpose of this Subdistrict is to encouraqe the ds':elopmont of multi familv rocidonces os
tr:msitional uses bot'Noon commercial and sinqle familv dovolopment.
A.-B. Desiqn Dovolopment Standards for the subdistrict are the same as those set forth for ~
Residential &~ubdistrict 1, unless sot forth specified below.
Table 4314. Setback Standards for BMUD Residential Subdistrict (R2)
Setbacks Min. Front Yard ~ Min. Side Yard Min. Rear Yard
One (Single) Family 25 feet! 7.5 feet 15 feet
Detached Dwelling
Units
Two Family / Duplex 25 feet! 6 feet unless abutting 15 feet
Dwelling Units single family unit, then
7.5 feet
Townhouse 25 feet! 6 feet unless abutting 15 feet
single family unit, then
7.5 feet
Multi- Family (Three 25 feet! 6 feet unless abutting 15 feet
or more) Dwelling single family unit, then
Units 7.5 feet
*Sholl be 25 feet from the property Iino to tho buildinq footprint.
4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3)
A. Tho purpm:e of this; ~dis;trict is to allmv f.Qr the de'lslopmont of mobilo homo, modul3r
homo, townhouses and 8il1~le family residonces. All new devolopment in this Subdistrict
shall be compatiblo with tho building pattorns ond facade 3rticulation of tradition31
noighborhood design. The intont is to cre3te a row of residontbl units 'Nith consistent front
Y3rd sotbocks and access to the streot. Development standards for this subdistrict are the
same as those set forth for the Residential Subdistrict 1, unless set forth below.
B. Minimum Lot Width
Single-family detached 40 feet
Modular homos -10 foot
Townhouses 25 feet
Mobilo homes -10 feet
C. Yard Requirements.
Front Yard At Minimum Side Yard Minimum Rear Yard
One (Single) Family 10 feet* 5 feet 8 feet Modular
Detached Dwelling Dwelling Units
Units
Modular Dwolling 10 foot e-f.eet ~
.\JfHts
Townhouse 1 0 feet* o feet when abutting 8 feet
another townhouse, if
not then 5 feet.
Mobilo Homes 10 foot* e-f.eet ~
* Shall be 10 feet from the property line to the outer wall of the buildina footprint.
1. Text underlined is new text to be added.
2. Text E;tril~ethrough IE; currant taxt to be Elolated.
175
Bayshore Mixed Use District 1/25/06
4.02.21 Same Development in the BMUD Residontial Neighborhood Commercial Subdistrict (RNC)
A. Home occupation in section 6.02.00 of tho LDC, shall apply unless specified othor\",ise
below. development standards for the subdistrict ::lro the samo as those sot forth for the
residential subdistrict 2, unless otherwiso sot forth bolow.
B. Tho homo occup3tionc permittod includo: Accounting (8721), 3uditing and bookkooping
services (8721), b3rbor shops 3nd boauty salons (7231 oxcopt be:iUty culturo cchools,
cosmotology cchools, or b3rber collogos), engineer or 3rchitoctur31 services (8713, 8712,
8711), insur3nco agonts 3nd brokors (6111), legal servicGs (8111), and 1'831 ostate 3gonts
(6531 oxcopt mobile homo brokers, on site; housing authoritios, opor3ting).
C. The home Occup::ltion sh311 bo clearly incidental to and secondary to the use of the d'Nelling
for residential purposec and shall not ch3nge the character of the dwelling unit. The
follo'Ning conditions shall bo mot:
1. Thoro sh311 bo a minimum of one (1) residential d'Nolling unit.
2. The resident of the home shall be the O'Nner and operator of tho homo occupation.
3. Tho homo occupation shall not occupy moro than (thirty) 30 percent of the prim::lry
residonti31 structuro.
1. The home occup3tion shall not employ more than two (2) omployeoc at any given
timB-:-
6. One (1) 'Nail sign shall be permitted provided it does not exceed six (6) square foot
in area, and shall not project more than four (1) feet from the building on which tho
sign is attached.
6. .^. total of 1\1.'0 (2) parking spaces shall be provided for clients or customors. Two (2)
3ddition31 p3rking Cp3COS Sh311 be providod for omployees, if any. The required
parking area or 3reas shall not be located in the front Y3rd of the residonco.
7. Parking aro3s Sh311 consist of 3 dust free surbce such as: Mulch, shell, or 3cphalt.
^ single row hedgo at least twenty four (21) inches in height 3t tho timo of pbnting
shall be requimd 3round 311 parking are3S.
B. There Sh311 be no 3dditional driv8v\'ay to serve such home occupation.
9. Thoro ch311 not bo outdoor stor3go of m3torbls or equipment used or associated
with tho homo occupation.
4.02.21 Desian Standards for Development in the BMUD--Residential Subdistrict (R4)
A. Development standards for the Residential Subdistrict R4 are the same as those set forth
for the Residential Subdistrict R2, except onlv sinqle-familv uses are permitted.
1. Text underlined is new text to be added.
2. Text ctrikethroH~A iE currant text to bo doleted.
176
Bayshore Mixed Use District 1/25/06
10.03.05 Notice Requirements for PublicHearings By the BCC, the Planning Commission,
the Board of Zoning Appeals, the EAC and the Historic Preservation Board.
G. Notice and public hearinq requirements where proposed resolution bv the board of county
commissioners would approve a mixed use proiect (MUP) located in a mixed use district overlay. In
cases in which the applicant requests approval of a mixed use proiect (MUP) under the provisions of
a mixed use district overlav. with or without requested allocation of bonus density units. where
applicable, the mixed use project shall be considered for approval pursuant to the followinq public
notice and hearinq requirements by the board of county commissioners.
1. The board of county commissioners shall hold one advertised public hearinq on the petition to
approve a mixed use proiect for property located in a mixed use district overlav. The public
hearinq shall be held at least 15 days after the day that an advertisement is published in a
newspaper of qeneral paid circulation in the county and of qeneral interest and readership in the
community.
2. At least one Neiqhborhood Informational Meetinq (NIM) shall be conducted bv the applicant (in
coniunction with the overlav area advisory board. where such advisory board exists) before the
public hearinq bv the board of county commissioners. Written notice of the meetinq shall be
sent by applicant to all property owners who are required to receive leqal notification from the
County pursuant to sections 10.03.05 B.a and 10.03.05 B.9. A Collier County staff planner, or
desiqnee, must also attend the neiqhborhood informational meetinq: however. the applicant is
required to make the presentation on the development plan of the subiect property.
3. The applicant shall further cause a displav advertisement. one-fourth paqe, in type no smaller
than 12 point: which shall not be placed in that portion of the newspaper where leqal notices and
classified advertisements appear, The ad shall be published no later than 7 days prior to the
date of the neiqhborhood informational meetinq. The ad shall state the purpose, location, and
time of meetinq. and shall displav a leqible site location map of the property for which the mixed
use project approval is beinq requested.
4. The applicant shall post the subject property with an outdoor siqn at least ten days prior to the
date of the public hearinq before the BCC. The siqn to be posted shall contain substantiallv the
followinq lanquaqe and the siqn's COpy shall utilize the total area of the siqn:
a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE PROJECT
TO PERMIT: (Name of Project)
(Number of acres)
DATE:
TIME:
ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY
GOVERNMENT CENTER, HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES. FL 34112.
5. The area of the siqn shall be as provided in section 10.03.05 B.3.d. of this Code.
6. Criteria for Mixed Use Project Approval
The followinq criteria must be met in order to qain approval for mixed use proiects developed in
accordance with provisions of a mixed use overlav.
1. Text underlined is new text to be added.
2. Text Eltril<othraugh is current text to be aelated.
177
Bayshore Mixed Use District 1/25/06
a. No less than sixty percent of all commercial uses within a mixed use project shall
provide retail. office and personal service uses to serve the needs of the subiect
proiect and surroundinq residential neiqhborhoods.
b. No more than 25 percent of the residential units within a mixed use project shall be
on qated roadways. Residential uses shall be constructed concurrent with, or prior
to the construction of commercial uses so as to insure actual development of a
mixed use proiect.
c. Mixed use proiects shall connect to local streets, adioininq neiqhborhoods and
adiacent developments. reqardless of land use types. A qrid pattern is usuallv the
basis for the transportation network. Whatever the pattern of the vehicular network.
internal interconnections between uses and external connections between adioininq
neiqhborhoods and land uses shall be provided for pedestrian. bicvcle and other
modes of alternate transportation.
d. The commercial component of a mixed use proiect may be located internal to the
proiect or alonq the boundary; if externallv located. internal access roads and
service access shall be provided so as not to promote strip commercial
development alonq external collector and arterial roadways.
e. Parkinq lots shall be dispersed throuqhout the project. No one parkinq lot shall
provide more than 40 percent of the required offstreet parkinq. Parkinq qaraqes
shall have no restrictions on percentaqe of required parkinq that may be
accommodated; however. commercial uses onlv shall be permitted on the qround
floor. This requirement shall not applv to individual parcels less than 5 acres in
size.
f. At least 30 percent of the qross area of mixed use proiects shall be devoted to
useable open space, as defined in section 4.02.01 B. of this Code. This
requirement shall not applv to individual parcels less than 5 acres in size.
1. Text underiined is new text to be added.
2. TGxt stril<othrou1lh is CJurrGnt to>a 10 bo dolotod.
178
Gateway Triangle Mixed Use District 1/25/06
LDC Amendment ReQuest
ORIGIN: Bayshore / Gateway Triangle Area Advisory Board
AUTHOR: David Jackson Executive Director, Bayshore / Gateway Triangle Area
DEPARTMENT: Collier County Community Development Agency Bayshore / Gateway Triangle
Advisory Board
AMENDMENT CYCLE # OR DATE: Cycle 2,2005
LDC PAGE: New District Gateway Triangle Mixed Use Overlay District: Chapter 2 and Chapter 4
LDC/UDC SECTION: LDC 2.03.07 N, LDC 4.02.35, 4.02.36, 4.02.37, and Section 1.8.02
LDC SUPPLEMENT #: N/ A
CHANGE: New Overlay District
REASON: Requested by Bayshore / Gateway Triangle Area Advisory Board
FISCAL & OPERATIONAL IMP ACTS: None
RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle Redevelopment Overlay in
the Future Land Use Element (FLUE) of the Collier County Growth Management Plan, and Bayshore
Drive Mixed Use Overlay District
GROWTH MANAGEMENT PLAN IMPACT: The modification of this Zoning Overlay District
further implements the Bayshore/Gateway Triangle Redevelopment Overlay in the FLUE.
OTHER NOTESNERSION DATE: This version originally created on June 10, 2005, and modified
after meeting with Collier County CDES & Transportation personneL, on July 13, and modified after
meeting with DSAC on August 3, and modified based upon CDES staff comments dated Aug 10, 2005
and changes made after CCPC LCD meetings on September 21 st and 30th and December 15 and
January 5.
Amend the LDC as follows:
1. Text underlined is new text to be added
2. Text strikethrough is ourrent text to bo doleted
179
Gateway Triangle Mixed Use District 1/25/06
1.08.01 Abbreviations
GTMUD: Gatewav Trianqle Mixed Use District
1.08.02 Definitions
Front Yard Build-to-Line - The line to which a buildinq facade must be built, not a minimum distance.
StreetscalJe Zone The streetscape zone is the space between the Front Yard Build-to-Line and the property line.
2.03.07 OVERLAY ZONING DISTRICTS
N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT.
Special conditions for the properties in and adiacent to the Gatewav Trianqle as referenced on GTMUD Map 1;
and further identified bv the desiqnation "GTMUD" on the applicable official Collier County Zoninq Atlas Map or
map series.
1. Purpose and Intent
The purpose and intent of this District is to encouraqe revitalization of the Gatewav Trianqle portion of the
Bavshore / Gatewav Trianqle Redevelopment Area with Traditional Neiqhborhood Desiqn (TND) proiects.
TNDs are tvpicallv human-scale, pedestrian-oriented, interconnected proiects with a mix of commercial
uses includinq retail. office and civic amenities and residential that complement each other. Residential
uses are often located above commercial uses, but can be separate area of residential onlv with close
proximity to commercial uses. An interconnected street system is the basis for the transportation network.
Buildinqs are located near the street with on street parkinq and off street parkinq on the side or in the rear
of the parcel.
This District is intended to: revitalize the commercial and residential development. encouraqe on-street
parkinq and shared parkinq facilities and provide appropriate landscapinq and bufferinq between the
various types of uses; and protect and enhance the nearby Shadowlawn residential neiqhborhood. The
types of uses permitted are hotels, retail, office, personal service and residential uses.
2. Applicabilitv
a. These requlations shall applv to the Gatewav Trianqle Mixed Use Overlav District as identified
on GTMUD Map 1 and further identified bv the desiqnation "GTMUD" on the applicable official
Collier County Zoninq Atlas Maps. Except as provided in this section of the LDC. all other uses,
dimensional and development requirements shall be as required in the applicable underlvinq
zoninq classification.
b. Existinq Planned Unit Developments (PUDs) are not included in the Gatewav Trianqle Mixed
Use District requirements: however, PUDs approved after [the effective date of this ordinance]
are included in the Gateway Trianqle Overlav District and must complv with the requirements
stated herein.
C. Property owners may follow existinq Collier County Land Development Code requlations of the
underlvinq zoninq classification. or may elect to develop/redevelop under the mixed use
provisions of the GTMUD Mixed Use (MXD) Subdistrict of this overlav, throuqh a mixed use
project approval from the BCC. However, in either instance. GTMUD site development
standards are applicable, as provided for in section 2.03.07 N.5.d. of this Code.
1. Text underlined is new text to be added
2. Taxt Eltril<athrough iEl current text to ba doloted
180
Gateway Triangle Mixed Use District 1/25/06
GTMUD Map No.1
~
..---
DAY1S11C1U
GTMUD-IIXD
(Col)
GTMUD-MXD
(C-S)
~
II
n
I
I~
Inn
OTMUD-R
(RIIF-e)
NORTH
Gateway Trianllle Mixed Use Overlay District
GTMUD-IIXD Mbald U.. Subdistrict
[J
GTMUD-R Ruldentl8l Subdl8trlct
(XXX) Under Lying Zoning Dlstrlcta
Future Land Use
~ Activity Center 16
. _ _. cRABoundary __-
~,
~
"- ...S
: ('
n~(
1. Text underlined is new text to be added
2. Tcmt EtrikethrolJilh is current text to bo doletod
181
Gateway Triangle Mixed Use District 1/25/06
3. Mixed Use Proiect Approval Process.
a. Owners of propertv in the Mixed Use Subdistrict (GTMUD-MXD) may petition the Board of
County Commissioners for mixed use project approval. The application for a MUP approval
shall acknowledqe that the owner shall not seek or request and the County shall not
thereafter qrant or approve, any additional uses beyond those allowed in the C-1 throuqh C-
3 zoninq districts. The application shall be accompanied bv a conceptual site plan
demonstratinq compliance with the criteria in section 10.03.05.G.
b. There shall be a public hearinq before the BCC leqallv noticed and advertised pursuant to
section 10.03.05.G. If approved bv the BCC, such approval shall be by resolution.
c. Once a Mixed Use Project has been approved bv the BCC. the applicant shall submit a site
development plan (SDP). based on the conceptual site plan approved bv the BCC and
meetinq the requirements of section 10.02.03 B.1. of this Code. to the Community
Development and Environmental Services Division within six months of the date of
approval. This SDP must be determined as sufficient and accepted for review bv the
Division within 30 days of submittal. After the SDP has been approved. the approved
proiect shall be identified on the Collier County official zoninq atlas map, usinq the map
notation MUP. If a MUP approval expires, as set forth below, the map notation shall be
removed from the official zoninq atlas map. The burden is on the applicant to submit an
SDP application in a timelv manner, to be responsive to the County's SDP review
comments. and to commence construction in a timelv manner after SDP approval has been
qranted.
d. MUP approval shall expire and any residential density bonus units shall be null and void if
any of the followinq occur:
i. The SDP is not submitted within six months of MUP approval bv the BCC.
ii. The SDP is not deemed sufficient for review within 30 days of submittal.
iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section
10.02.03.B.4.a.
iv. The SDP is considered no lonqer valid. pursuant to section 10.02.03.BA.b. and c.
e. Once a property owner, throuqh a MUP approval. elects to develop or redevelop a mixed use
proiectunder the Mixed Use Subdistrict (GTMUD-MXDl. then the property shall be
developed in compliance with all provisions of the overlav and cannot revert back to the
underlvinq zoninq district.
4. Bonus Densitv Pool Allocation
Under the Collier County Future Land Use Element, 388 bonus density units are available for
reallocation within the Bavshore/Gatewav Trianqle Redevelopment Overlav. The County Manaqer
or desjqnee will track the Bonus Densitv Pool balance as the units are used. These 388 bonus
density units may be allocated between this GTMUD overlav and the Bayshore Mixed Use Overlav
District. and shall onlv be allocated throuqh the MUP approval process.
To qualifv for 12 dwellinq units per acre, proiects shall complv with the followinq criteria. The
density of 12 dwellinq units per acre is onlv applicable until the bonus density pool has been
depleted.
a. The project shall be within the Mixed Use Subdistrict, and shall be a mixed use proiect - mix
of commercial and residential uses.
1. Text underlined is new text to be added
2. T oxt stril~ethrough is ourrent tm<< to be delotod
182
Gateway Triangle Mixed Use District 1/25/06
b. Densitv shall be as per the underlyino zonino district. The maximum density of 12 units per
acre shall be calculated based upon total proiect acreaqe. The bonus density allocation is
calculated bv deductinq the base density of the underlvinq zoninq classification from the 12
unit maximum, The difference in units per acre determines the bonus density allocation
requested for the proiect.
c. For proposed proiects outside the Coastal Hiqh Hazard Area (CHHA). ~as depicted on the
Future Land Use Map of the Growth Manaqement Plan. any eliqible density bonuses. as
provided in the Densitv Ratinq System of the FLUE, are in addition to the eliqible density
bonus provided herein.
d. For proposed proiects within the CHHA. onlv the Affordable Housinq Densitv Bonus, as
provided in the Densitv Ratinq System of the FLUE, is allowed in addition to the eliqible
bonus density units provided herein.
e. Properties must be Ivinq south of Davis Blvd. and west of Airport-Pullinq Road.
f. The proiect shall complv with the standards for mixed use development set forth in the
Gatewav Trianqle Mixed Use Overlav District.
a. For projects that do not complv with the requirements for this density increase. their density
is limited to that allowed bv the Densitv Ratinq System and applicable FLUE Policies.
5. Gatewav Trianqle Mixed Use District (GTMUD) Subdistricts
a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this Subdistrict is to
provide an option to current and future property owners bv encouraqinq a mixture of low
intensity commercial and residential uses on those parcels with frontaqe on US 41. the south
side of Davis Boulevard. and AirportPullinq Road. Included also is the "mini trianqle" formed
bv US 41 on the South. Davis Boulevard on the North and Commercial Drive on the East.
Developments will be pedestrian-oriented and reflect buildinq patterns of traditional
neiqhborhood desiqn.
For mixed use proiects onlv. subiect to the MUP approval process in Sec. 2.03.07.1.3.. refer
to Tables 1 and 2 for permitted uses. Otherwise. permitted uses are in accordance with the
underlvinq zoninq district.
b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is to encouraqe the
development in the Shadowlawn neiqhborhood a mixture of residential housinq types. Refer
to Tables 1 and 2 for permitted uses in this Subdistrict.
c. Mixed Use Activitv Center Subdistrict. Portions of the Gatewav Trianqle Mixed Use District
coincide with Mixed Use Activitv Center #16 desiqnated in the Future Land Use Element
(FLUE) of the Collier County Growth Manaqement Plan. Development standards in the
activity center is qoverned bv requirements of the underlvinq zoninq district requirements and
the mixed use activity center subdistrict requirements in the FLUE, except for site
development standards as stated in Chapter 4.02.35 Site Development Standards.
d. All Subdistricts. Development within all Subdistricts of the GTMUD shall be subiect to the
site development standards as stated in sections 4.02.35 and 4.02.36. as applicable. The
subdistrict site development standards shall also apply to property developed in
conformance with the underlvinq zoninq classification.
1. Text underlined is new text to be added
2. Tcmt e;trikethrol:lflR is ourroFlt taxt to bo delotod
183
Gateway Triangle Mixed Use District 1/25/06
Table 1. Permissible land Uses in Each GTMUD Subdistrict
P- permitted GTMUD
E = permitted with certain >-
o::t:
exceptions ..,J
0::
~
Blank cell = prohibited (also 0
see table of conditional and UJ
CI)
accessory uses) ::>
Q
~ C E2
0) ><
~ ~ :::::
-
UJ - f.)
..,J f.) .;::
Cl ";:: -
- Ul
~ .!!! :0
S 'C .Q
e: .Q ~
~ rn
rn
Ql >- ..... Q) n;
'C ~ Ul :;:::
0 (,) ::> =
~ ell
land Use Tvpe or Cateaorv () ~ 'C 'C
~ ell 'iij
~ ~ .~ ell
en Q :!E "
Accountina Services 8721 P
Administrative Service Facilities
Adult Day Care Facilities & 8322
Centers
Aaricultural Activities
Aqricultural Outdoor Sales
Aqricultural Services 0741.0742.0752-
0783
Aqricultural Services 0711. 0721. 0722-
0724. 0762. 0782.
0783
Aqricultural Services 0723
Aircraft and Parts 3721-3728
Airoort - General Aviation
Amusement & Recreation 7911.7991
Services
Amusement & Recreation 7999 tourist
Services quides only
Ancillarv Plants
Apparel & Other Finished 2311-2399
Products
Aooarel & Accessorv Stores 5611-5699 P
Appraisers P
Architectural. EnqineerinQ. 0781.8711-8713 E
Survevinq Services
Assisted Livina Facilities
Attornev Offices & Leqal 8111 E
Services
Auctioneerinq Service. Auction 7389.5999
Rooms and Houses
Auto and Home SuDol v Store 5531 P
Automobile Parkina 7521 P
Automotive Repair. Services. 7514.7515,7521.
and Parkinq 7542
1. Text underlined is new text to be added
2. Text ctrilmthrough is Gurrent text to be delated
184
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
:5
exceptions ffi
:::;;
Blank cell = prohibited (also 0
see table of conditional and LLI
accessory uses) ~
~ is
~ >< C2
S5 ~ ;;;
LLI -
- u
..,J u .;:
(!) ";: -
- III
<: III :c
S :s .c
l: .c ::::J
::::J (/)
(/)
(I) >-1- (I) iii
'0 ~~ III ;;
0 ::l s::
<Il
land Use Type or Cateaorv () !.Ul: "C "C
() ~CI) <Il "iij
><
c;; ~Q i <Il
0::::
Automotive Repair. Services. 7513-7549
and Parkina
Automotive Services
Automotive Dealers and 5511.5531, 5541.
Gasoline Service Stations 5571.5599
Barber Shoos or Colleaes 7241
Beautv Shoos or Schools 7231
Bikina Trails
Bowlina Centers 7933
Buildina Construction 1521-1542
Buildina Materials 5211-5261
Buildinq Materials, Hardware. 5231 - 5261
Garden Suoolies
Business Associations 8621
Business Reoair Service P
Business Services 7311,7313.7322- E
7331.7338. 7361.
7371,7372.7374-
7346 7379
Business Services 7311-7313,7322- E
7338.7361-7379.
7384
Business Services 7311.7313.7322-
7338 7384
Business Services 7311-7313.7322- E
7338.7361-7379.
7384 7389
Business Services 7311-7352,7359.
7361-7397 7389
Business Services 7311-7353 7359
Business Services 7312,7313.7319.
7334-7336. 7342-
7389
Business Services 7311
Business Services 7312,7313.7319.
7331 7334-7336
1. Text underlined is new text to be added
2. Text E>tril'.ethrollgh iE> Gurrol"lt text to be doletod
185
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
q:
exceptions ...,J
ffi
:s
Blank cell = prohibited (also c
see table of conditional and Lu
CI)
accessory uses) ~
Q
~ is
C) x ~
SE ~ ....;
-
Lu - u
...,J u 'i:
~ "i: -
- In
<:: In :s
:s
S; .c .c
e: ~ ~
tJ) r/)
Q) >-.... CIl (ij
"0 ~~ In ;::
0 ::> c
CIl
Land Use Tvpe or Cateaorv u Lue: " "
u j..;;CI) CIl "iij
c;; ~i5 .~ CIl
~ a:::
7342, 7349, 7352,
7361,7363,7371-
7384 7389
Business Services 7311,7313,7322-
7331, 7335-7338,
7361,7371.7374-
7376 7379
Business/Office Machines
Canoe Rental
Canoeina Trails
Care Units P
Carwashes 7542
CateQorv II Group Care
Facilities
Child Care - Not for Profit
Child Dav Care Services 8351 P
Churches & Places of WorshiD P
Civic and Cultural Facilities
CollectionlTransfer Sites
Commercial PrintinQ 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavv
Construction - Special Trade 1711-1793, 1796,
Contractors 1799
Construction - Special Trade 1711-1799
Contractors
Continuinq Care Retirement
Communities
Depository Institutions 6011-6099
Depository Institutions 6011,6019,6081,
6082
Depository Institutions 6021-6062. 6091 ,
6099,6111-6163
1. Text underlined is new text to be added
2. Text ctril,-ethrough ic current text to bo deletod
186
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
:5
exceptions In
:s
Blank cell = prohibited (also 0
see table of conditional and LI.I
CI)
accessory uses) :>
ffi Q
~ >< 62
- ~
:e :::::
-
LI.I - U
-I U ';;:
(,!) .;;: -
- III
:i!: III :c
:c
S ..c ..c
l: :::I
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en
C1l >- .... Gl iij
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0 (,) ::> c:
~ Gl
Land Use Tvpe or Cateaory (.) ~ '0 '0
Gl 'iij
(.) ~ ><
Ci) ~ :E Gl
Cl 0::
Deoositorv Institutions 6021-6062
Drinkinq Establishments and 5813 E
Places
Druq Stores 5912
Druas and Medicine 2833-2836
Duolexes
Dwellina Units P P
Eatinq Establishments and 5812 E
Places
Educational Plants P
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244 8299
Electronic Equipment & Other 3612-3699
Electrical Eauioment
Enqineerinq, Accountinq, 8711-8748 E
Manaqement and Related
Services
Enqineerinq, Accountinq, 8711-8713
Manaqement and Related
Services
Eauestrian Paths
Essential Services I E E
Excavation
Fabricated Metal Products 3411-3479.3419-
3499
Fairarounds .
Familv Care Facilities
Fishina Piers
Fish ina/H u ntinalTrappi na 0912-1919
Fixture Manufacturina
Food Manufacturina 2034 2038 2053
1 For requirements oertaininq to Essential Services. see section 2.01.03 of this Code.
1. Text underlined is new text to be added
2. Text Gtril,otRroLJiilh iG GloJrront text to be dolotod
187
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
q;
exceptions ..,J
0:::
~
Blank cell = prohibited (also 0
see table of conditional and UJ
CI)
accessory uses) ~
l::l
~ C ~
Ol ><
- ~
~ ;;:;
-
LlJ - (,)
..,J (,) "i:
(!) 'i: -
- III
~ III :a
:a
S ..c ..c
e: ~ ~
en en
Cll >- .... III iii
"C ~ III ::;
0 U :J t:
~ III
Land Use Tvpe or Cateaorv u ~ "'C "'C
III 'iij
~ <3 CI) .~
C5 III
(J) :a: 0:::
2064, 2066, 2068.
2096 2098 2099
Food Products 2011-2099
Food Stores 5411. 5421-5499 P
Food Stores 5411-5499 P
Fraternal Oraanizations
Funeral Services and 7261
Crematories
Furniture & Fixtures 2511-2599
Manufacturinq
Gasoline Services Stations 5541 5511-5599 P
General Contractors 1521-5261
General Merchandise Stores 5311-5399 P
Glass and Glazina Work 1793
Golf Courses
Government Offices/Buildinqs 9111-9222, 9224-
9229,9311,9411-
9451.9511-9532,
9611-9661
Group Care Facilities P
Gunsmith Shop 7699
Hardware Stores 5251 P
Health Food Stores
Health Services 8011-8049 P
Health Services 8011-8049 8082 P
Health Services 8051-8059.8062-
8069.8071.8072.
8092-8099
Heavv Construction 1611-1629
Hikinq Trails
Home Furniture, Furnishinqs. 5713-5719,5731- E
Eauioment Store 5736
Home Furniture. Furnishinqs, 5712-5736 E
Equipment Store
Home Supplv Store 5531 P
Hotels and Motels 7011,7021,7041 P
1. Text underlined is new text to be added
2. Toxt strikothrough is current taxt ta bo doleted
188
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
:3
exceptions Bi
::::;
Blank cell = prohibited (also 0
see table of conditional and llJ
CI)
accessory uses) ::;)
Q
~ C
OJ >< i2
SE ;;! ::::;
-
llJ - CJ
.,J CJ .;::
~ .;:: -
- CII
<: CII :c
:c
:$ ..c ..c
e: ;:, ;:,
en en
Ql >-1- CII iii
't:l ~~ CII ;
0 ::l c
CII
land Use Tvpe or CateQorv C,,) ~e: "C "C
C,,) CII 'iij
'C(~ ><
en :i CII
~Q c:::
Hotels and Motels 7011
Houseboat Rental 7999
Individual & Familv Social 1:
Services
Industriallnoraanic Chemicals 2812-2819
Industrial. Commercial. 3511-3599
Computer Machinerv and
Eauioment
Insurance Aqencies, Brokers. 6311-6399,6411 1:
Carriers
Insurance Aqencies, Brokers. 6311-6361, 6411
Carriers
Insurance aqents. brokers, and 6361 and 6411
service, includinq Title
Insurance
InvestmentlHoldina Offices 6712-6799
Job Traininq & Vocational 8331
Services
Justice Public Order & Safetv 9221 9222 9229
Labor Unions 8631
Labor Pool 7363
Lakes Ooerations 7999
Larae Aooliance Reoair Service 7623 P
Leather Products 3131-3199
Libraries 8231
Local and Suburban Transit 4111-4121
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426 2431-2499
Manaaement & Public Relations 8741-8743 8748 P
Manaaement Services 8711-8748 P
Marinas 4493 4499 P
Measurinq, Analvzinq and 3812-3873
Controllina Instruments
Medical and Optical Goods 3812-3873
Medical Laboratories and 8071, 8072. 8092,
Research & Rehabilitation 8093
1. Text underlined is new text to be added
2. Toxt Gtrikothrough ic 61:lrront text to be doletea
189
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
':t:
exceptions -.I
a:
~
Blank cell = prohibited (also C
LIJ
see table of conditional and CI)
accessory uses) :::>
Q
~ 6
C'l >< ~
SE ~ ;;;;;;
-
Lu - U
-.I U .;:
~ .;: -
- 111
;z: 111 :s
:s
S ..c ..c
e: ~ ~
C/) C/)
Q) >-1- Q) iij
"t:l ~~ 111 :;
0 ::l t:
Q)
land Use Tvpe or Cateaorv (,) 1JJe: "C "C
!:2 ~CI) Cl) 'iij
><
~2S :E Cl)
C/) 0:::
Centers
Membership Oraanizations 8611-8699 P
Membership Oraanizations 8311 8631
Membership Oraanizations 8611
Membership Oraanizations 8611 8621
Misc. Manufacturina Industries 3911-3999
Miscellaneous Plastic Products
Miscellaneous Repair Service 7629-7631 P
Miscellaneous Repair Service 7622-7641 7699
Miscellaneous Repair Service 7622-7699
Miscellaneous Retail Services 5912 5942-5961 P
Miscellaneous Retail Services 5912-5963 P
Miscellaneous Retail Services 5912-5963, 5992-
5999
Miscellaneous Retail Services 5912. 5932-5949.
5942-5961. 5992-
5999
Mobile Home Dealers 5271
Mobile Homes
Modular Built Homes
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freiqht Transportation 4225
and Warehousina
Motor Homes
Multi-Familv Dwellinas P P
Museums and Art Galleries 8412 P
Nature Preserves
Nature Trails
Non-Depositorv Credit 6141-6163 E
Institutions
Non-Depositorv Credit 6111-6163 E
Institutions
Non-Depositorv Institutions 6011-6163
Non-Depositorv Institutions 6011,6019.6081.
6082
1. Text underlined is new text to be added
2. Text ctrilwthrough is current text to be deleted
190
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
S
exceptions ffi
:s
Blank cell = prohibited (also 0
see table of conditional and LIJ
CI)
accessory uses) ~
Q
~ C ii:
~ ><
! ;;;;;;
-
UJ - (.)
.... (.) .;::
(!) .;:: -
- en
<: .!!! i5
:5 '0 ..c
..c
e: ::s ::s
(f) (f)
Q) >- ... CIl iii
'tl ~ III ;l
0 U ::l s:::
~ CIl
land Use Tvpe or Cateaorv (.) ~ '0 '0
CIl 'ijj
(.) ~ ~ .~
(j) CIl
Q == c::
Non-Depositorv Institutions 6021-6062.6091.
60996111-6163
Nursina Homes 8051 8052 8249 P
Office Machine Reoair Service 7629-7631 P
Oil & Gas Exoloration
Ooen Soace
Outdoor Storaae Yard
Paint Glass Walloaoer Stores 5231 P
Paper and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parkinq Facilities P
Parkina Services P
Parks Public or Private
Parochial Schools - Public or E
Private 8211
Partv Fishina Boats Rental 7999
Personal Services 7291 P
Personal Services 7212-7215,7221-
7251 7291
Personal Services 7212,7215.7221- E
7251
Personal Services 7212 7291
Personal Services 7211 , 7212, 7215~ E"
7216 7291 7299
Personal Services 7215,7217.7219,
7261 7291-7299
Personal Services 7211-7219
Personal Services 7215-7231 7241
Personal Services 7221 7291
Photoaraohic Goods 3812-3873
Photoaraohic Studios 7221 P
Phvsical Fitness Facilities 7991 P
2 Grouo 7299 limited to babvsittinq bureaus. clothinq and costume rental. datinq service, deoilatorv salons. diet workshops, dress suit rental.
electrolvsis. qenealoqical investiqation service. and hair removal.
1. Text underlined is new text to be added
2. Toxt c:trikothrough iu ourront tel<< to bo doletod
191
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
<::(
exceptions -I
ffi
:::i
Blank cell = prohibited (also 0
see table of conditional and ll.J
CI)
accessory uses) :;:)
Q
~ C ii:
0) ><
~ ~ ;;;;
-
ll.J - tJ
-I tJ ';:
~ .;: -
c: Ui .!!!
:a 1::1
S .c .c
e: ::3 ::3
lJ) lJ)
Q) >- I- Q) lii
"C ~ tIl :;:;
0 (.) ::) s:::
~ Q)
Land Use Tvpe or Cateaorv (,) ~ 1::1 1::1
Q) 'iji
~ CI) ><
(3 Q :E Q)
en c:::
Phvsical Fitness Facilities
PickuD Coaches
Plant and Wildlife
Conservancies
Plastic Materials & Synthetics 2821 2834
Pia v Areas and Plavarounds
Pleasure Boat Rental
Printinq and Publishinq 2711.2712
Industries
Printinq and Publishinq 2711-2796
Industries
Professional Offices 6712-6799.6411.
96311-6399, 6531.
6541. 6552, 6553,
8111
Professional Oraanizations 8631
Public Administration 9111-9199.9229.
9311,9411-9451.
9511-9532.9611-
9661
Public Service Facilities-
Essential
Railroad Transportation 4011.4013
Real Estate 6531-6541 P
Real Estate 6521-6541
Real Estate 6512
Real Estate 6512-6514.6519,
6531-6553
Real Estate Brokers and 6531
Appraisers
Real Estate Offices 6531 , 6541. 6552.
6553
Recreational Service Facilities
Recreational Services - Indoor 7911-7941.7991-
7993, 7999
1. Text underlined is new text to be added
2. Taxt t:trikathrough it: currant toxt to ba dalatod
192
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD
E = permitted with certain >-
5
exceptions flj
:s
Blank cell = prohibited (also 0
see table of conditional and lJJ
accessory uses) ~
In 6
~ >< ~
S1 ~ ;;;;;
-
lJJ - CJ
...,J CJ .;:
(!) .;: -
- III
~ III :a
S :a .c
e: .c ::s
::s (/)
(/)
Q) >-1- Q) iij
"C ~~ III ;::;
0 :::l l:
Q)
Land Use Tvpe or Cateaorv (.) !JJe: " "
~ ~CI) Q) 'w
><
~5 :i Q)
CJ) a::
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Repair shops and related 7699"
services, not elsewhere
classified
Research Centers 8093'
Research Services 8732
Residential uses
Retail Nurseries, Lawn and 5261
Garden
Rubber and Misc. Plastic 3021,3052.3053
Products
Safetv Service Facilities
Schools Dublic P
Schools - Vocational 8243-8299
Security Brokers, Dealers. 6211-6289 e
Exchanqes. Services
Shoe Repair Shops or 7251 e
Shoeshine Parlors
Shootina ranae indoor 7999
Sinale-Familv Dwellinas P
Social Services 8322-8399
Stone. Clav. Glass and 3221 ,3251, 3253.
Concrete Products 3255-3273, 3275.
3281
Storaae
Svnthetic Materials 2834
Testina Services
Textile Mill Products 2211-2221, 2241-
2259,2273-289,
2297 2298
Timeshare Facilities
Title abstract offices 6541
3 Antique repair and restoration, except furniture and automotive only. bicycle repair shops only, rod and reel repair.
1. Text underlined is new text to be added
2. Toxt strilmthrough is Durrent text to be doleted
193
Gateway Triangle Mixed Use District 1/25/06
p= permitted GTMUD .
E = permitted with certain >-
'0::(
exceptions Q!
~
Blank cell = prohibited (also 0
see table of conditional and LI..I
accessory uses) ~
Cl
~ C
C) >< ir:
~ ~ =
-
LI..I - u
-..I u .;::
Cl ";:: -
- rJl
~ rJl :a
S; :a .0
e: .0 :::l
:::l en
en
Q) >- I- Q) "iii
"C ~ rJl ;
0 (.) ;:) s:::
~ Q)
Land Use Type or Cateaorv (,) ~ "C "C
Q) "iij
~ ~ ~ .~ Q)
en Cl ::!: c:::
Tow-in Parkinq Lots 7514. 7515, 7521
Townhouses P P
TransDortation bv Air 4512-4581
Transportation Equipment 3714,3716,3731.
3732. 3751, 3761.
3764. 3769. 3792.
3799
Transoortation Services 4724-4783 4789
Travel Aaencies 4724
Travel Trailers 5561
Two-Familv Dwellina P
United States Postal Service" 4311 E"
Veterinarian's Office~ 0742 E~
Veterinarian's Office 0752 P
Videotaoe Rental!> 7841 ED
Vocational Rehabilitation 8331
Services
Weldinq Repair 7692
Wholesale Trade 5148
Wholesale Trade - Durable 5021,5031. 5043-
Goods 5049. 5063-5078.
5091.5092,5094-
5099
Wholesale Trade - Nondurable 5111-5159,5181.
Goods 5182 5191
Wildlife Conservancies 9512
Wildlife Manaoement 0971
Wildlife Refuae/Sanctuarv
Wildlife Sanctuaries
Watches/Clocks 3812-3873
Table 2. Land Uses that Mav be Allowed in GTMUD
Subdistricts as Accessorv or Conditional Uses.
4 Excludes maior distribution center.
5 Excludes outdoor kennelina.
6 Limited to 1.800 square feet of cross FLOOR AREA.
1. Text underlined is new text to be added
2. Toxt ctrikothrou€jh ic currant text to bo dolotod
194
Gateway Triangle Mixed Use District 1/25/06
Administrative or service
buildin
A ricultural
A ricultural services
Amusement & recreation
services
Amusement & recreation
services
Amusement & recreation
services
Ancilla lants
Animal control
A uariums
Archer ran es
Assisted Iivin facilities
Auctioneerinq Services,
auction rooms and houses
195
Q)
"C
o
(,)
(,)
en
8322
0741.
0742.
0752-
7911
7911-
7941,
7991-
7993.
7948.
7992,
7996.
7999
8422
7999
7389.
5999
Q
>< 0::
::E I
I Q
Q ~
~ ::E
::E l-
I- ~
~
Q
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Gateway Triangle Mixed Use District 1/25/06
C
Gl >< a::
't:l ::!: .
0 I C
U C ::J
U ::J ::!:
c;; ::!: l-
I- el
el
5521,
5551,
Automotive dealers and 5561.
asoline service stations 5599
7513.
Automotive rental/leasinq 7519
Beach chair, bicvcle, boat
or mo ed rentals
7011 .Q
Bed & breakfast facilities
Boathouses
Boat ram s
.Q
Boat ards
8422 .Q
Botanical arden
Bottle clubs 5813
Cam in cabins
Care Units
Caretaker's residence ~
CateQorv II qroup care
facilities
Cemeteries
Chemical 2812-
roducts
8351 C
Child da care
Churches & places of 8661
worship
Civic & cultural facilities
Clam nurseries
Cluster develo ment
Cocktailloun es 5813
1. Text underlined is new text to be added
2. Taxt stril~ethrouQh is current text to 90 delated
196
Gateway Triangle Mixed Use District 1/25/06
Collection/transfer sites
Commercial uses
Communications
Communication towers
Communit centers
Communit theaters
Continuinq care/retirement
centers
Convenience stores
Dancinq establishments &
sta ed entertainment
Detention facilities
Docks
Drinkin establishments
Drivin ran es
Earthminin
Eatin establishments
197
Ql
"C
o
U
u
en
4812-
4841
7922
5411
6011-
6099 .Q.
5813
5812
c
>< 0::
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I C
C ::)
::) :E
:E f-
f- c.:>
c.:>
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Gateway Triangle Mixed Use District 1/25/06
Q)
'0
o
U
~
en
c
>< 0::
:E
I 6
c ~
~ :E
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Education facilities: public
& rivate schools
8211-
8222
8211-
8231
Q.
Education services
c
4911-
4971
Excavation
3482-
Fabricated metal roducts 3489
Farm labor housin
Farm product raw 51 53-
materials 5159
Field crops
0912-
1919
2011,
Food products 2048
Food service
Food stores (over 5.000 5411-
sJ. 5499
Fraternallodqes, private Q.
club or social clubs
5983-
Fuel dealers
Fuel facilities
Funeral services & 7261 Q.
crematories
~
1. Text underlined is new text to be added
2. Toxt 6trilwthrough ic ourrent text to bo delatod
198
Gateway Triangle Mixed Use District 1/25/06
Gift sho s
Golf club house
Golf course
Golf drivin ran e
Grou care units
Guesthouses
Health services
Homeless shelters
Hos itals
Hotels and motels
Huntin cabins
Incinerators
Jails
Justice. public order &
safet
Kennels & kennelin
Q)
"C
o
U
U
en
5947
8011
8322
8062-
8069
7011.
7021.
7041
9211-
9224
0742.
Kiosks
Leather tannin
Livestock
Local and suburban transit
Local and suburban transit
Lumber and wood
roducts
199
3111
4111-
4131-
2411-
2421.
2429
c
>< 0:::
:E
I C
C ::;)
::;) :E
:E l-
I- C)
C)
A
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2. Text Eltril~ethr-ough ie surront t<lxt to be 8eleted
Gateway Triangle Mixed Use District 1/25/06
C
ell >< 0::
" :iE I
0 I C
U C ~
U ~ :iE
en :iE l-
I- C)
C)
Maintenance areas .Q
Maior maintenance
facilities
4493.
Marina 4499
Mental health facilities
Merchandise - outdoor
sales
Miniature olf course 7999
Model homes and model
sales centers
Motion icture theaters 7832
Motion icture theaters 7833
4212.
4213-
Motor freiqht transportation 4225.
and warehousin 4226
Motor freiqht transportation 4225.
and warehousin 4226
Nurserv - retail
Nursinq and personal care
f cilities
5261
8062
.Q
Nursin homes
1321.
1382
Outdoor dis la
.Q
Packinqhouse
Personal services
2611
7291
.Q
Pa er and allied roducts
1. Text underlined is new text to be added
2. Text strikothrolJ!:jR is (llJrront text to be deletod
200
Gateway Triangle Mixed Use District 1/25/06
Petroleum refininq and
related
Poultr
Private clubs
Private landin strj s
Recreational facilities
C1l
"C
o
C,,)
C,,)
Cii
2911-
2999
3312-
Recreational services
Refuse s stems 4953
Rehabilitative centers 8093
Residential uses
Restaurant Jar e
Retail sho s or sales
Rubber and misc. Plastic
roducts
Sanitar landfills
201
5812
5812
3061-
3089
c
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C ::;)
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t:)
8
1. Text underlined is new text to be added
2. Text stril<othrOll!1jh is cllrront text to be seletoEl
Gateway Triangle Mixed Use District 1/25/06
Sawmills
Schools
Schools rivate
Schools vocational
Service facilities
lants
Social association or clubs
Social services
Sou kitchens
Sports instructional camps
or schools
StaQed entertainment
facilit
Stone, clav, qlass and
concrete roducts
Swimmin
Stora e enclosed
Tennis facilities
Textile mill roducts
Transfer stations
Veterinarian's office
202
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~
(f)
8243-
2011
8641
8322-
8399
3211,
3221,
3229,
3231,
3241,
3274.
3291-
3299
2231,
2261-
2269,
2295,
2296
4212
0741-
c
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I C
C ~
~ ::iE
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I- C)
C)
Q
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2. T ox! Etrikethrough iEi ourrent text to be doleted
Gateway Triangle Mixed Use District 1/25/06
Wholesale trade -
nondurable oods
Q
C1l >< IX:
'tJ :i .
0 I Q
t) Q ::l
t) ::l :i
Ci) :i l-
I- "
"
5015,
5051.
5052,
5093
5162,
5169,
5171,
5172,
5191
Wholesale trade - durable
oods
Zoo
4.02.00 SITE DESIGN STANDARDS
4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT (MXD)
A. Dimensional Standards
Table 1. Desian Standards for the GTMUD Mixed Use Subdistrict
Desian Standards Mixed Use Subdistrict
Front Streetscape Zone Davis Boulevard, US 41 , Airoort-Pullinq Road and
Commercial Drive
16 Feet
Measured from back of curb to Front Build- If no curb exists as ori Commercial Drive the Front
to-Line, which includes existinq sidewalk Streetscape Zone shall be 6.5 Feet from the Front
area See GTMUD Fiqure 1 Property line.
.
The Front Streetscape Zone shall also applv to any
new buildinas or structures in theC-1 throuqh C-5:
Zoninq Districts which under lav the GTMUD Mixed
Use Subdistrict.
Steps, and or ramps may encroach in to the
Streetscape Zone but no more than 3 feet.
.
Front Yard Build-to-Line Sixteen feet measured from back of curb. If no curb
exists as on Commercial Drive the Front Yard Build-to-
Line shall be 6.5 Feet from the front property line.
1. Text underlined is new text to be added
2. Toxt strikethro\'!!ijh io ourront tClxt to bo dolotod
203
Gateway Triangle Mixed Use District 1/25/06
.1. The Front Yard Build-to-Line shall mean that line to
The Front Yard Build-to-Line shall applv to which a buildina facade must be built. not a
any new buildinas or structures in the C- minimum distance.
1 throuqh C-5 Zoninq Districts which under
lav the GTMUD Mixed Use Subdistrict. .f..:- A minimum of 70 percent of the buildinq's front
facade shall be placed on the Front Yard Build-to-
Line, The additional Front Facade has to be
recessed a minimum of 3 feet from the Front Yard
Build-to-Line.
3. A minimum 10 feet Step-Back from the Front Build-
to-Line is required at the third floor and above.
Other Streets in Mixed Use Subdistrict
Front Yard Build-to-Line At the Front Prooertv Line.
.1. The Front Build-to-Line shall mean that line to
which a buildinq facade must be built. not a
The Front Yard Build-to-Line shall applv to minimum distance.
any new buildinQs or structures in the C-1
throuqh C-5 Zoninq Districts which under .f..:- A minimum of 70 percent of the buildinq's front
lav the GTMUD Mixed Use Subdistrict. facade at the qround level shall be placed on the
Front Yard Build-to-Line. The additional Front
Facade must be recessed a minimum if 3 feet from
the Front Yard Build-to-Line.
3. A minimum 10 feet Step-Back from the Front Yard
Build-to-Line is required at the third floor and
above,
1. Text underlined is new text to be added
2. Toxt t:tril<ethrough it: current tcmt to be deleted
204
Gateway Triangle Mixed Use District 1/25/06
Minimum Setbacks
Side yards - abuttinq residential 10 feet
Side vards - all other 001' 10 feet minimum
Rear vard 0-5 feet
Waterfront' :~ 25 feet setback
Minimum Buildinq Separation 001' 10 Feet
Maximum Residential Densitv 1. For a mixed use proiect. 12 units per acre in the
"Mini Trianqle" defined bv US 41 East. Davis
Boulevard and Commercial Drive. These bonus
density units are not deducted from the Bonus
Densitv Pool.
2. For a mixed use proiect. 12 units per acre to
include all areas of the Mixed Use Subdistrict
except:
. North side of Davis Boulevard
. East side of Airport-Pullinq Road
For these excepted areas. three units per acre, or
as may be allowed bv a rezoninq pursuant to the
Future Land Use Element.
3. Residential onlv proiects (not part of a mixed use
development). per the underlvinq zoninq district, or
as may be allowed bv a rezoninq pursuant to the
Future Land Use Element.
Minimum Floor Area 700 sauare foot qross floor area for each buildinq on
the around floor.
Minimum Lot Area 80000 Sauare feet
Minimum Lot Width 400 feet
Buildinq Footprint A buildinq with on Iv commercial use is limited to a
maximum buildinq footprint of 20,000 square feet.,
except in Mini Trianale maximum limit is 30,000 square
feet.
Buildina Heiaht of Storv 14 feet of buildina heiaht eauals one storY
Maximum Heiqht of Structures
Properties developed in conformance with underlying C-4 and C-5 zoning classifications are
restricted to maximum building height per section 4.02.01 A. Table 2.
7 Outdoors seatino areas, canal walkway, water manaoement facilities, and landscapinQ area may be located within the required setback.
II To allow the maximum u~e of tho 'Natorfront. new com:truction buildino placomont on a lot C3n V3fY frol'R tho required sotback~, provided
such variation is approvod by tho County
1. Text underlined is new text to be added
2. Toxtstrikethrough is curront text to be deloted
205
Gateway Triangle Mixed Use District 1/25/06
Commercial Use Onlv Buildinqs 3 stories or 42 feet to bottom of buildinq eave or top of a
Maximum Actual Heiqht of Structures = 56 flat built-up roof. measured to first finished floor
Feet. elevation. bv NFIP standards. Parapets on flat roof can
be no more that 5 feet in heiqht.
Residential Use Onlv Buildinqs 3 stories or 42 feet or 4 stories or 56 feet if frontinq on
Maximum Actual Heiqht of Structures = 56 US 41, measured to buildinq eave or top of a flat built-
Feet. UP roof, measured from the first floor elevation. bv NFIP
standards. Parapets on flat roof can be no more that 5
feet in heiqht.
Mixed-Use 4 stories or 56 feet measured to buildinq eave or top of
Residential over Commercial Use a flat built-up roof. measured to first finished floor
Buildinqs elevation. bv NFIP standards. Parapets on flat roof can
Maximum Actual Heiqht of Structures = 70 be no more that 5 feet in heiqht.
Feet.
Hotel/ Motel 4 stories or 56 feet measured to buildinq eave or top of
Maximum Actual Heiqht of Structures = 70 a flat built-up roof. measured to first finished floor
Feet. elevation, bv NFIP standards.,...-Parapets on flat roof can
be no more that 5 feet in heiqht.
"Mini Trianqle" Mixed Use Proiect 8 stories or 112 feet to buildinq eave or top of a flat
Maximum Actual Heiqht of Structures = built-up roof. measured to first finished floor elevation.
126 Feet. bv NFIP standards. Parapets on flat roof can be no
more that 5 feet in heiqht.
Mixed Use Buildinq Uses Onlv first two floors can be used for commercial uses.
Ceilinq Heiqht
The first floor ceilinq heiqht shall be no less than 12 feet
and no more than 18 feet in heiqht for commercial uses
from the finished floor to the finished ceilinq and shall
be limited to commercial uses onlv,
B. Requlations For Outdoor Displav And Sale Of Merchandise.
1. No automatic food and/or drink vendinq machines or public pay phones are permitted
outside of any structure.
2. Newspaper vendinq machines will be limited to two machines per proiect site which can
be individual buildinq or a multiple buildinq development.
3. Outdoors displav and sale of merchandise. within front yards on improved properties, are
permitted subiect to the followinq provisions:
4. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise
sold on the premises.
1. Text underlined is new text to be added
2. Telct Gtrikethrough is currant tolct to be doloted
206
Gateway Triangle Mixed Use District 1/25/06
GTMUD Fiaure 1 - Front Setback Zone Davis Boulevard. US 41. Airport-Pullina Road and Commercial
Drive (For illustrative purposes onlv)
Frol"ltSethllck Zone
Mixer/Use Subdistrict
.,nd C-1throug"c.s
Conunercia/.Zoning
Districts
Front Setbaekione.
MIxed Use Subdistrict
and 1:-1 throug" ~
CommerCia/Zoning,
Districts
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Davis Boulevard, US 41
arid Airport..PullingRoad
Commercial Drive
GTMUD Fiaure 2 - Desian Guidelines: Streetscape Zones Davis Boulevard. US 41. Airport-Pullina Road
and Commercial Drive (For illustrative purposes onlv specific Desjqn Guidelines will
prepared bv Bavshore / GatewavTrianqle CRA Advisorv Board)
-...........-
Siz8: 307IB x 1-118)( :J.11e Inc.tt8I'
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1. Text underlined is new text to be added
2. Text ctril~ethFaugh ic currant toxt to be doleted
207
Gateway Triangle Mixed Use District 1/25/06
GTMUD Fiaure 3 - 3 StOry BuilcfinQ Heiaht. Step Back. Proiections. and Recesses
(For illustrative purposes onlv)
Mixed Use Subdistrict! Residential
above Commercial or Residential
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
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5 Feet
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. ror Awnings,
, CanopIes, end
8sIconiea:
:5 Feet MaxImum
I:~ \
Pampet maximum 4 feet above Roof
Bot1om of Ellvs Une or Top of Built-lIP Roof
10 Feet Minimum
step-Baclc from
Front Yard
BuIJd-lo-Une
3rT! story end
Abowl
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Maximum Height 42 Ft ~
ConImtJrcI8IUss or ~
RBBldentiaI Use Bul/rf/ngfI ~
Omy I
RBBldentiIJI Use Only
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70% of Front FecadfJ must be placed M
Front Yard Bullrf..tr>.Une, end Rec8sses
must be a Minimum 0'3 Feet
3 Feet
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height, Step-Back, Projections and Recesses
208
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Gateway Triangle Mixed Use District 1/25/06
GTMUD Fiaure 4 - 4 StOry Buildina Heiaht. SteD Back. Proiections. and Recesses
(For illustrative purposes only)
Mixed Use Subdistrict! Residential
above Commercial or Residential
Only Fronting on US 41 :
4Stor/es
Maximum Actual Height: 70 Feet
Parspet mu/mum 4 flIlIt IJbOII8 Roof
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
BoI1om of Eell8 Une or Top of Bu/It-ap RooI
u_
S Feft
Commercial Zoning Districts
Heights according to cUmlnt LDC
Projsdions
AJlowfId for
Awnings. or
B8k:onI8Ir
Resldentlel Use Only
10 M'm/mum F88t
10 Feet MInimum
S1lJt;H3adc from
Front Yerd
BuJId..It>.Un& at
3nJ IIIId SImy
IIIId AboII8
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MIJX/mum Haight $ R
Mbt8d lJ.te:
RssId8ntI81 o.w
ComtllfllCl8J or ResId8ntI8/ U. Only CO/IlII//JIllIel or Rellld8n/Js/
Only FtonItnI1 an US 41
c.DIQ
.....................................
CoIIttrI
FlI1Il Floor HeiQht
No 1188 /hen 12 Feet
No more then 18 F88t
from
Flnlsl>8d Floor to CelTmg
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Find Floor Commerclel Uae Only
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70% of Front: FeD8de must be pleCBd 011
Front Yen! BuI/d-Io-LJns, IJIJd R--..
must be e MInImum of.'l Feet
.1 Fest
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GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height, Step-Back, Projections and Recesses
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1. Text underlined is new text to be added
2. Toxt strikethrough is current text to be deletod
209
Gateway Triangle Mixed Use District 1/25/06
C. Parkina Standards For Mixed Use Proiects
(Property developed in conformance with underlying zoning classifications shall meet the parking
space requirements per section 4.05.03 and 4.05.04 of this Code.)
.1:. Four (4) spaces per 1,000 square feet of floor area open to the qeneral public for
commercial use.
2. Minimum one and one half (1.5) parkinq spaces for each residential unit.
3. Outdoor cafe areas shall be exempt from parkinq calculations.
4. Parkinq Location
a. New Development
i. Interior Lots
Parkinq shall be located behind the Front Yard Build-to-Line on side or
rear of the buildinqs.
ii. Corner Lots
Parkinq shall be located behind the Front Yard(s) Build-to-Line on side
or rear of the buildinqs.
b.. The parkinq location requirements will also applv to new development for C-1
throuqh C-5 zoned property, which under lav the GTMUD Mixed Use Subdistrict.
Parkinq lots shall be desiqned for interconnection, with adiacent property.
GTMUD FiQure 5 - ParkinQ Location (For illustrative purposes onlv)
GTMUD - Mixed Use Subdistict:
Location of Off Stnlet Parldng
, .; Ftwrt Ysm BufId-Ir>.lJne
c.. 100% Required Patldng
r + -.-..-. - -.-. --..------.---..---.-1,{ on Rssror Sides
1
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I 100 % of parking
I permitted on side or
i rear of Front Yard
i Build-fa-Una.
I Ftwrt Ysrtl BuHd4c>-UnB
\\f.,
1-
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Front Ysm BuNd-ftHins
Interior Lots
1 DD % of parking
permltt9d on side or
rear of Front Yard
Build-to-Line.
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5. Shared parkinq requirements shall be consistent with those provided in subsection 4.05.02 of the
LDC.
D. Desiqn Standards for Awninqs. Loadinq Docks, Dumpsters, and Streetwalls
.1:. Loadinq docks and service areas shall not be allowed on the Front Build-to-Line.
2. All dumpsters must be located in the rear yard and screened from US 41, Davis Boulevard.
Commercial Drive, or Airport-Pullinq Road.
E. Landscapinq and Buffer Requirements.
..1:. Landscapinq and buffer requirements shall be pursuant to section 4.06.00 of this Code unless
specified otherwise below:
1. Text underlined is new text to be added
2. TmR strikothrou€lh iE; aurrant tm<t to be delatad
210
Gateway Triangle Mixed Use District 1/25/06
2. Buffers are required between GTMUD-MXD Subdistricts and contiauous GTMUD-R Residential
Subdistricts. A minimum buffer 10-foot wide landscaped area shall be required. This area shall
include: a (6) six-foot hiqh opaque masonry wall: a row of trees spaced no more than 25 feet on
center; and a sinqle row of shrubs at least 24 inches in heiqht. and 3 feet on center at the time of
plantinq, Landscapinq shall be on the commercial side of the wall.
3. A shared 10' wide landscape buffer with each adiacent property contributina 5 feet is required
between GTMUD-MXD Subdistricts abuttinq Commercial Zoned Districts or abuttinq GTMUD-
MXD Subistricts. However. the equivalent buffer area square footaqe may be provided in the
form of landscaped and hardscaped courtyards, mini-plazas, and outdoor eatina areas.
4. Parkinq lots and/or access drives abuttinq commercial property shall be required to have a
minimum 10 foot perimeter landscaped buffer. This area shall include a row of trees spaced no
more than 30 feet on center.
5. Buildinq foundation plantinq will onlv be required on the rear and sides yards. The foundation
plantinq shall be a minimum of 50% of the buildinqs qround floor perimeter measured in linear
feet and an averaqe of five-feet (5) wide. This area must be landscaped with trees and/or palms
in the amount of one tree or palm equivalent per 25 linear feet of buildino foundation plantinq
perimeter: and with shrubs least 24 inches in heiaht and 3 feet on center at the time of plantinq
with qround covers other than qrass. Trees and palm trees shall be planted in areas that are a
minimum of 8 feet wide. Palm trees, when used to meet these buildino foundation requirements.
shall be counted as one palm is the equivalent of one tree.
6. A minimum of 50% of the water manaoement area shall be landscaped. Trees shall be provided
at the rate of 1 tree per 250 square feet. with the balance of the area landscaped with shrubs.
around covers and ornamental arasses.
7. Streets cape Zone (Front Yard)
The streetscape and .Iandscapinq standards for this zone will be based on Streetscape Desiqn
Guidelines to be prepared bv Bavshore / Gatewav Trianqle CRA Advisorv Board.
8. Streetwalls
Streetwalls shall be used when surface parkinq lots abut the riaht-of-wav of US 41. Davis
Boulevard. Commercial Drive. or Airport-Pullinq Road. The wall shall be constructed of the same
or complementary materials as the primarv buildinqs and be 3 to 4 feet in heiqht. and shall have
a 12 inch proiection or recess a minimum of every 10 to 12 feet. The"streetwall" can be a
combination of "wall" and metal "fence" materials, (no chain link fencinq is allowed) which:
.!!:. Complement the buildinq materials. The street side of the "streetwall" will have shrubs
least 24 inches in heiqht and spaced 3 feet on center at the time of plantinq. with qround
covers other than qrass in a minimum 5 foot wide strip.
b. No two streetwalls shall adioin on a common property line.
~ The streetwall shall be setback the appropriated distance from the Front Set Back Line in
order to meet County Standards for Site Distance Trianqle (Section 4.06.01. D.1.) for
eqress from parkinq lots.
9. Dumpsters
Dumpster walls shall have a 3-foot wide landscape strip containinq a sinale row. 4-foot heiqht. 10
qallon hedqe. planted 4-feet on center.
10. The Landscapinq and Buffer requirements of this section shall applv to all new buildinas in the
GTMUD- Mixed Use Subdistrict and C-1 throuqh C-5 Zoninq reqardless of heiqht.
1. Text underlined is new text to be added
2. Toxt ctrikethmu!1jh i~ current text to be delated
211
Gateway Triangle Mixed Use District 1/25/06
GTMUD Fiaure 6 - Streetwall (For illustrative purposes onlv)
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Side Parking Lot with streetwaIl
G. Architectural Standards.
Architectural desiqn theme. The "Old Florida" or "Florida Cracker" desiqn theme is encouraqed for new
development. construction or existinq buildinq renovation or rehabilitation in GTMUD Mixed Use
Subdistrict. and the C-1 thouqh C-5 Commercial Zoninq Districts within the GTMUD Overlay.
GTMUD Fiqure 7 - Old Florida or Florida Cracker Stvle (For illustrative purposes only)
1. All buildinqs shall meet the requirements set forth in section 5.05.08 unless otherwise specified
below.
2. Reqardless of the chosen architectural theme the followinq desiqn elements are required.
a. All buildinqs adiacent to US 41. Davis Boulevard. Commercial Drive. Airport-Pullinq
Road or future north-south streets will have the principal pedestrian entrance frontinq US
41. Davis Boulevard. Commercial Drive, Airport-PullinQ Road or future north south
streets.
b. Thirtv-five (35) percent of the buildinqs facade that faces US 41, Davis Boulevard.
Commercial Drive. or Airport-Pullinq Road will be clear qlass with a maximum tint of
25%.
C. Clear qlass windows (with a maximum tint of 25%) between the heiQht of two (2) and
1. Text underlined is new text to be added
2. Taxt strikathrou!ijh is current taxt to bo dalatod
212
Gateway Triangle Mixed Use District 1/25/06
seven (7) feet above sidewalk arade are required on the primary facade of the first floor
of any buildinq.
d. Attached buildina awninqs, canopies or balconies may encroach over the Front Build-to-
Line bv a maximum of five (5) feet.
e. Florescent colors shall not be used.
f. Maximum uninterrupted buildinq lenqth requirements: Where a buildina or a series of
buildinqs form a continuous wall that exceeds 200 feet in lenqth, a pedestrian walkwav or
passaaewav shall be provided at the around floor within the middle third of the lenqth.
The walkwav/passaqewav shall be not less than 15 feet in width and not less than 10
feet in heiaht. A walkwav/passaqewav may be roofed. A walkwav/passaqewav shall be
open to the pu blic.
a. Hip or qable buildinq roofs shall be metal material ( 5v Crimp. Standina Seam or similar
desiqn)
h. Have windows with vertical orientation and the appearance of divided alass trim.
i. Facade wall buildinq materials shall be of wood. natural stone, stucco finish or cement
board products.
GTMUD FiQure 8 - BuiJdinQ Lenath (For illustrative purposes onlv)
. GTAlUD - Mbc8cJ us~Sribcildric:l
fltfl.ld!ns. !,.!Il&!1
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H. Siqns shall be as required bv division 5.06.0 unless specified below:
.:L One "sandwich sian" is allowed on the public riqht-of-wav between the curb or travel lane and the
. private property line per business establishment as lonq as it is no more than ten (10) square feet
per side, allows for a passaqewav on the sidewalk of 36 inches for ADA accessibilitv. and it is
removed from the riqht-of-wav when the business is not open.
213
1. Text underlined is new text to be added
2. Toxt strikethrough is Gurront toxt to bo doletod
Gateway Triangle Mixed Use District 1/25/06
4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--RESIDENTIAL SUBDISTRICT (R)
A. Dimensional and Desiqn Standards
Table 2. Desian Standards in the GTMUD Residential Subdistrict (R)
Densitv Per Under Lvinq Zoninq RMF-6 6 units per Per new zoninq district
RMF 6 or RSF 4 or as may acre consistent with the Future
be allowed bva rezoninq RSF-4 4 units per Land Use Element
pursuant to the Future acre
Land Use Element
Minimum Lot Width
Sinqle-familv 50 feet
Two-familv / Duplex 50 feet
Townhouses 25 feet
Multi-family 1 00 feet
Minimum Setbacks
Min. Front Yard Min. Side Yard Min. Rear Yard (feet)
One (sinqle) family 1 0 feet 7.5 feet .lli
units
5 feet
Two familv/ Duplex 10 feet .lli
dwellina units
o feet when abuttinq
another townhouse, if
Townhouse 1 0 feet not then the same .1Q
standards as a two
family dwellinq unit
Multi-familv (three or 1 0 feet 7.5 feet 15
more) dwellinq units
Buildina Standards
Sinqle-familv 1500 square feet per unit
Minimum floor area Two-familvlDuplex 1000 square feet per unit
Townhouses 1000 square feet per unit
Multi-family 750 sauare feet per unit
Maximum actual heiqht of principal structures 56 3 habitable floors or 42 feet to buildinq eave or top
Feet of a flat built-up roof. measured from the first
habitable floor elevation. bv NFIP standards.
Parapets on flat roof can be no more that 5 feet in
heiaht.
Maximum actual heiqht of accessory screen Same as principal structure. not to exceed 35 feet
enclosures
Maximum actual heiqht of all other accessory 26 feet but in no case hiqher that the main
structures . buildina.
1. Text underlined is new text to be added
2. Text strilwthraugh is current text to be dolatod
214
Gateway Triangle Mixed Use District 1/25/06
B. Parkinq Standards
C. Architectural Standards
1. Parkinq shall be as required bv section 4.05.00 of this Code.
1. Buildinqs and their elements shall adhere to the followinq:
2..:. Street-facinq facades of multifamilv buildinqs shall be divided usinq articulation and/or
modulation at least every sixty (60) feet. Facade modulation is steppina back or
extendinq forward a portion of the facade at least five (5) feet measured perpendicular to
the front facade for each interval. Articulation includes porches, balconies, bay windows
and/or covered entries.
b. The primary entrance shall be oriented to the street. Orientation is achieved by the
provision of a front facade includinq an entry door that faces the street.
c. On corner lots, both street facades of a buildinq shall have complementary details: in
particular, buildinq materials and color, rooflines and shapes, window proportions and
spacinq, and door placement.
.9.:. All mechanical equipment must be screened with a three (3)-foot hiah hedqe or an
opaque fence or wall at any heiqht equal to the mechanical equipment.
GTMUD FiQure 9 Tvpical Front Elevation Residential Development (For illustrative purposes onlv)
215
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1. Text underlined is new text to be added
2. Text Eltrikothro\'!i'jh i[; EJuR'ent text to be Eloletod
Gateway Triangle Mixed Use District 1/25/06
3. Buildinos shall adhere to the followinq elevation reouirements:
a A maximum of two feet of fill shall be allowed on site towards meetino NFIP
requirements. Additional NFIP heiqht requirements shall be accomplished throuoh stem
wall construction. Stem walls shall be finished in material and color complimentary to the
main structure.
b. Open stilt-tvpe construction is not permitted. On front yards, the facade area below the
first floor must be treated with a solid facade or lattice. which is consistent with the
architectural stvle of the buildinq.
c, The qaraqe floor shall not exceed twenty-four (24) inches above the elevation of the
rioht-of-wav from which it is accessed.
4. Front porches shall adhere to the followino standards.
a. Front porches may encroach seven (7) feet into the front yard setback if the structure is
located on the Minimum Front Yard Setback (10 feet) with an additional three (3)-foot
encroachment allowable for entry stairs.
b. Front porches must cover a minimum of forty (40) percent of the horizontallenoth of the
front yard facade of the primary residence.
C. Front porch desion and materials shall be consistent with the architectural desion and
construction materials of the primary residence.
d. Front porches shall not be air-conditioned or enclosed with qlass. plastic. or other
materials. Screeninq the porch is allowed as lonq as the moldinqs that hold the screen
material match the material and desiqn character of the structure.
e. Steps shall encroach no more than three feet into the front yard setback.
GTMUD FiQure10- Front Porches (For illustrative purposes onlv)
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I Porch.. ~ of
From Fac;.ade
5. Garaqes and Drivewavs.
a. Other than the permitted driveway. the front yard may not be paved or otherwise used to
accommodate parkinq.
b. No freestandinq carports are permitted. Carports and portachere (Fioure GTMUD 11)
must be attached to the main structure and of similar materials and des ion as the main
structure.
c. The distance from the back of the sidewalk to the oaraoe door (GTMUD Fioure 10) must
1. Text underlined is new text to be added
2. Text ctrikethrough ic ourrent text to be deleted
216
Gateway Triangle Mixed Use District 1/25/06
be at least 23 feet to allow room to park a vehicle on the driveway without parkinq over
the sidewalk. Should the qaraoe be side-loaded there must be at least a 23-foot paved
area on a perpendicular plane to the qaraoe door or plans must ensure that parked
vehicles will not interfere with pedestrian traffic.
GTMUD FiQure 11 Garaaes (For illustrative purposes onlv)
Gong_
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13__ Ii;
S.oIrof
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GTMUD Fiqure 12 Porte-cochere (For illustrative purposes only)
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1. Text underlined is new text to be added
2. Text ctrikothrouEjA ie eurrent text to bo deletod
217
Gateway Triangle Mixed Use District 1/25/06
6. An accessorv unit is a separate structure located at the rear of the property and related to the
primary residence (sinqle-familv detached onlv) for uses which include, but are not limited to:
library. studio. workshop, plavroom. screen enclosure. qaraqe, swimminq pool or questhouse.
Ownership of an accessory unit shall not be transferred independently of the primarv residence.
a. On Iv one (1) accessory unit of each type is permitted per principal structure.
b. The maximum area of an accessorv unit is 550 square feet. limited to one (1) habitable
floor.
c. The accessorv unit may be above a qaraqe or may be connected to the primarv
residence by an enclosed breezeway or corridor not to exceed eiqht (8) feet in width.
d. The maximum heiqht of a structure containinq an accessory unit over a qaraqe is limited
to a maximum of twenty (20) feet. measured from the level of qraded lot to the eave. and
with a maximum actual buildinq heiqht of twenty-six (26) feet to the top of the roof. A
structure containinq only a quest unit must meet NFIP first habitable floor heiqht
requirement.
Table 3: Setbacks for Accessory Buildinas and Structures
Buildina I Structure Front Rear Side
Librarv SPS. 1 0 feet SPS.
Studio SPS. 1 0 feet SPS.
Works hOD SPS. 15 feet SPS.
Swimmina Dool and/or SPS. 1 0 feet SPS.
screen enclosure
Plavroom SPS. 1 0 feet SPS.
Garaae SPS. 10 feet SPS.
Garaae Guesthouse above SPS. 15 Feet SPS.
Guesthouse SPS. 15 Feet SPS.
*SPS - Same as principal structure
7. Fencinq forward of the front or primary facade of the structure is permitted subiect to the
followinq conditions:
a. The fence shall not exceed 42 inches feet in heiqht.
c. Chain link fence is prohibited.
b. The fence shall have an opacity ranqe of 18% to 50%
d. The fence material shall be wood. vinvl. composite, stucco block or metal.
8'. Fencinq and walls must architecturallv complement the primary structure.
GTMUD Fiaure 13 - Permitted Tvpical FencinQ (For illustrative purposes onlv)
218
e added
L. I eX! EAnKCltnrougn IS current tCl\t to be delatad
Gateway Triangle Mixed Use District 1/25/06
8. Landscapinq and buffer requirements for new residential development as required bv Chapter
4.06.00 of this Code.
1. Text underlined is new text to be added
2. Text stril~ethF9H\1lh is CHrront text to be deleted
219
PROPOSED LDC AMENDMENT SCHEDULE - 2006 CYCLE 1
Meetin!! Dav Date Time
Staff Amendments due Friday March 17 5:00 p.m.
Submittal to Dept. Directors Friday March 31 5 :00 p.m.
Dept Directors Review meeting Friday April 21 9:00 a.m.
Packets to DSAC - LDR Subcommittee Thursday April 27 5 :00 p.m.
Final Staff Deadline Fridav May 12 5:00 D.m.
Packets to EAC & DSAC Friday May 19 5 :00 p.m.
DSAC LDR Sub-Committee Meeting Thursday May 18 3:30 p.m.
EAC Monthly Meeting Wednesday June 7 9:00 a.m.
DSAC Monthly Meeting Wednesday June 7 3 :30 p.m.
Packets to CCPC Wednesday June 14 12:00 p.m.
CCPC LDC Meeting 1 * Wednesday July 19 5:05 p.m.
2nd Packets to ecpc Wednesday July 26 12:00 p.m.
cepe LDC Meeting 2 * Wednesday August 23 5:05 p.m.
Packets to BCe Tuesday August 29 12:00 p.m.
BeC LDC Meeting 1 Wednesday September 20 5:05 p.m.
2nd Packets to BCC Friday August 18 12:00 p.m.
BCC LDC Meeting 2 Wednesday October 25 5 :05 p.m.
Ordinance to County Attorney Monday Octo ber 30 12:00 p.m.
* Possible ccpe workshop dates following regularly scheduled CCPC meetings are:
Thursday, July 6 at 3:00 or earlier following cepc meeting
Thursday, August 17 at 3 :00 or earlier following ecpc meeting
Community Development & Environmental Services
Sayshore Mixed Use District 1/26/06
LDC Amendment Reauest
ORIGIN: Bayshore Gateway Triangle CRA Local Advisory Board
AUTHOR: David Jackson Executive Director, Bayshore Gateway Triangle CRA
DEPARTMENT: Collier County Community Redevelopment Agency Bayshore Gateway
Triangle Local Advisory Board
AMENDMENT CYCLE # OR DATE: Cycle 2, 2005
LDC PAGE: LDC Bayshore Drive Mixed Use Overlay District: Chapter 2 and Chapter 4
LDC/UDC SECTION: LDC 2.03.07, LDC 4.02.21, 4.02.22, 4.02.23, 4.02.24, Section 1.8.02 and
10.03.05
LDC SUPPLEMENT #: Supplement 2
CHANGE: Format revisions, revisions of sub-district purposes, minor edits, new sub-districts,
adding definitions.
REASON: Requested by Bayshore / Gateway Triangle Area Advisory Board
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle Redevelopment Overlay
in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan and the
proposed Gateway Triangle Mixed Use Overlay District.
GROWTH MANAGEMENT PLAN IMPACT: The modification of this Zoning Overlay District
further implements the Bayshore/Gateway Triangle Redevelopment Overlay in the FLUE.
OTHER NOTESIVERSION DATE: This version originally created on June 10, 2005, and
modified after meeting with Collier County CDES & Transportation personnel on July 13, and
modified after meeting with DSAC on August 3, and modified based upon CDES staff comments
dated Aug 10, 2005, and modified after CCPC / LDC meetings on September 21 st and 30th and
December 1 st and 15th and January 5.
Amend the LOC as follows:
11
1. Text underlined is new text to be added.
2. Text strikelhre"'~h is El"'F/'eRt text Ie ee e1elet;e1.
Bayshore Mixed Use District 1/26/06
1.08.01 Abbreviations
BMUD: Bavshore Mixed Use District
NFIP: National Flood Insurance Proaram
APZ: Accessory Parkina Zone
MUP; Mixed Use Proiect
1.08.02 Definitions
Accessory Unit - An accessory unit is a seoarate structure related to the orimary residence for uses which
include. but are not limited to: Iibrarv studio. workshoo. olavroom. or auesthouse.
Streetwall- A freestandina wall oarallel with the facade of an adiacent buildina for the ouroose of
screenina oarkina from the street.
Front Yard Build-ta-Line - The line to which a buildina facade must be built. not a minimum distance.
Awnina -Temoorary canvas or other material coverina extendina from and attached to the facade of a
buildina. without around suooorts.
Accessory Parkina Zone (APZ) - Residentiallv zoned lots havina a common lot line with~ and under same
ownershio or leaal control (lease. easement. etc.) as Subdistrict NC and used for oarkin onlv.
Mixed Use Proiect ADDroval Process - A orocess bv which a land owner mav oetition the BCC for aooroval
of a mixed use oroiect - a mix of commercial and residential uses. as orovided for in certain zonina overlav
districts. If located within certain subdistricts in the Bavshore Drive Mixed Use Overlav District or the
Gatewav Trianale Mixed Use Overlav District. such a oetition may include a reauest for increased densitv bv
use of bonus density pool units.
12
1. Text underlined is new text to be added.
2. TalEt 6tFikett:lr-ewgR is Cl,JrraRt talE! tEl lie eeletoe.
Bayshore Mixed Use District 1/26/06
2.03.07 Overlay Zoning Districts
J. Bayshore Drive Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1;
and further identified by the designation "BMUD" on the applicable official Collier County Zoning
Atlas Map or map series.
1.
1.
Th.o I%Jrpo.so and inten.t .of this distri~t. il> to encourngo re'/il?lization along tho :~Yl>~~~
Drr'Je COrridor by f'ro'/ldll~g of'f'ortl:lnrtles for small S8310 mixed I:ISO Elevelef'Ff1 t. . .1
dil>trict is intondod to: rovitalizo tho eOFflFflorcial ancl resi€!ential devolof'ment ~~~g this
corridor; onhanoo tho V'Jatorfr-ent; oncol::Jr:lgo on stroot f'arking and shareEl p3rking ::i1~:
and pro'.'ide af'fJI'opriato landsoaf'ing an€! Bl::Jffering botween the various tyf'es of u ; El
protect and enhanoe tho nearby single family residentiall::Jnits. Tho tYfJes of uses l3ermittod
are 10'1{ inton&ity retail, offico, f'orsonall>ervico and rosiaential u&os.
PurDose and Intent.
a. Bavshore Drive Mixed Use Overlav District is to encouraae revitalization of
Bayshore Drive and its environs which is Dart of the Bavshore / Gateway Trianale
Redevelooment Overlay with Traditional Neiahborhood Desian (TNo) oroiects.
TNDs are tvoically human-scale. oedestrian-oriented. interconnected proiects with a
mix of commercial uses includina retail. office and civic amenities and residential
uses that comolement each other. Residential uses are often located above
commercial uses, but can be seoarate areas of residential use only with close
oroximity to commercial uses. An interconnected street system is the basis for the
transoortation network. Buildinas. both commercial and residential. are tyoicallv
located near the street. and may have front oorches and/or balconies.
2. ADDlicabilitv
a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as
identified on BMUD Map 1 and further identified by the designation "BMUD" on the
applicable official Collier County Zoning Atlas Maps. Except as provided in this
section of the LDC, all other uses, dimensional and development requirements shall
be as required in the applicable underlying zoning category.
b. Existina Planned Unit Develooments (PUDs) are not included in the Bavshore
Overlav District reauirements; however. PUDs aooroved after {the
effective date of this ordinance] are included in the Bavshore Overlav District and
must comolv with the requirements stated herein.
3. Garngos ana drive'/tay&.
a.
Tho rear setbaok may be rodl:looEl to ten foot if a frent aocoss garage is oonstructod
on the rear of tho rosidenoo.
Tho maximum width of gar3go doors is 16 foot.
Only ono ariveway il> allowea pOI' SO Iinoar root of front property line. Tho m3ximum
width of tho drivoYJay at tho right of way Iino is 18 foot.
Othor than tho pormitted ari'loway, tho front yard may not bo paved or otherwiso
usod to aooommodate f'arking.
Gar3gos must bo rooosl>ea a minimuFA of throo foet bohind tho front faoado of tho
primary residonco.
No c3rportl> ara pormittod.
Tho distanoo from tho back of tho sidowalk to tho g3rago door must bo at~~~~t ~3
foot to allow room to "'3rk 3 '1ol1iolo on tho driveway without parking . t 0
&idowolk. Should tho garago be sido loadod thoro must bo 3t loast 3 23 foot ;~'~d
ar03 on a porpondioubr plane to tho garago door or planl> mu&t on&uro that p3rkod
'1ehiclos will not interforo with podostrian tr3ffio.
b.
o.
d.
e.
f.
g.
13
1. Text underlined is new text to be added.
2. Toxt strikelf:tmugh is Cblrrent taxt to be deletod.
Bayshore Mixed Use District 1/26/06
BMUD Map No.1
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Future Land UN
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IMUD-R1
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;
14
1. Text underlined is new text to be added.
2. Tellt striketRFel,l!il1:1 is Sl,lFf9Rt text tEl Be deletes.
Bayshore Mixed Use District 1/26/06
c.
Prooertv owners mav follow existina Collier County Land Develo~ment Code
reaulations of the underlvina zonina classification. or ma. elect to
develoolredeveloo under the mixed use orovisions of the BMUD Neiohborhood
Commercial (NC) or Waterfront (W) Subdistricts of this overlav. throuah a mixed
use oroiect aooroval from the BCC. However. in either instance. BMUD site
develooment standards are aoolicable. as orovided for in section 2.03.07 1.6.h. of
this Code.
3. Mixed Use Proiect ADDroval Process.
a. Owners of Drooertv in the Neiahborhood Commercial (BMUD-NC) and Waterfront
BMUD-W Subdistricts ma tition the Board of Count Commissioners for mixed
use oroiect aooroval. The aooHcation for MUP aDoroval shall acknowledae that the
owner shall not seek or reouest. and the County shall not thereafter arant or aoorove.
any additional uses bevond those allowed in the C-1 throuoh C-3 zonino districts.
The aoolication shall be accomoanied bv a conceotual site olan demonstrating
comoHance with the criteria in section 10.03.05.G.
b. There shall be a oubHc hearina before the BCC leaallv noticed and advertised
oursuant to section 10.03.05.G. If aooroved bv the BCC. such aooroval shall be by
resolution.
c. Once a Mixed Use Proiect has been aooroved by the BCC. the aoolicant shall submit
a site develoDment Dlan (SOP)' based on the conceotual site clan aDoroved by the
BCC and meetina the reouirements of section 10.02.03 B.1. of this Code. to the
Community Develooment and Environmental Services Division within six months of
the date of aooroval. This SOP must be determined as sufficient and acceoted for
review bv the Division within 30 days of submittal. After the SOP has been ao~roved,
the aooroved oroiect shall be identified on the Collier County official zonino atlas mao:
usino the maD notation MUP. If a MUP aooroval exoires. as set forth below. the mao
notation shall be removed from the official zonino atlas mao. The burden is on the
aoolicant to submit an SOP aoolication in a timelv manner. to be resoonsive to the
County's SOP review comments. and to commence construction in a timely manner
after SOP aooroval has been oranted.
d. MUP aooroval shall exoire and any residential density bonus units shall be null and
void if any of the followino occur:
i. The SOP is not submitted within six months of MUP aooroval by the BCC.
ii. The SOP is not deemed sufficient for review within 30 days of submittal.
iii. The SDP under review is deemed withdrawn and cancelled. pursuant to
section 10.02.03.B.4.a.
iv. The SOP is considered no lonoer valid. oursuant to section 10.02.03.B.4.b.
and c.
e.
Once a prooertv owner, throuah a MUP aooroval. elects to develoo or redevelo~
mixed use proiect under Neiahborhood Commercial (NC) or Waterfront . )
Subdistricts. then the prooertv shall be developed in comoliance with all orovisions of
the overlav and cannot revert back to the underlvina zonina district.
4. Bonus Density Pool Allocation
15
1. Text underlined is new text to be added.
2. Text stFiketnr:eI:l!ilR is Gl:lrreRt text te Be deleled.
e.
5.
Bayshore Mixed Use District 1/26/06
Under the Collier County Future Land Use Element. 388 bonus density units are available
for reallocation within the Bavshore/Gateway Trianale Redevelooment Overlav. The County
Manaaer or desianee will track the Bonus Densitv Pool balance as the units are used.
These 388 bonus density units may be allocated between this BMUD overlav and the
Gatewav Trianale Mixed Use Overlav District. and shall onlv be allocated throuah the MUP
approval process.
To qualifv for uo to.12 dwellina units per acre. proiects shall comolv with the followina
criteria. This density of UP to .12 dwellina units per acre is only aoolicable until the bonus
density pool has been depleted.
a.
The proiect shall be within either the Neiahborhood Commercial or Waterfront
Subdistricts. and shall be a mixed use oroiect - mix of commercial and residential
uses. as set forth inl. a.. above.
b.
Base Densitv shall be as oer the underlvina zonina district. The maximum density
of 12 units per acre shall be calculated based uoon total proiect acrea~e. The
bonus density allocation is calculated bv deductina the base dens;t of the
underlYina zonina classification from uo to the 12 unit maximum beina souaht. The
difference in units oer acre determines the bonus density allocation requested for
the proiect.
c,
For orooosed proiects. onlv the Affordable Hous;na Densitv Bonus. as provided in
the Density Ratina SYstem. is allowed in addition to the eliaible bonus density units
provided herein as the entire BMUD is within the CHHA.
d.
The proiect shall complv with the standards for mixed use develooment set forth in
the Bayshore Mixed Use Overlav District.
For oroiects that do not comolv with the reauirements for this density increase. their
density is limited to that allowed bv the Densitv Ratina System and aoplicable FLUE
Policies.
SL
Administartive deviations.
- Provisions where deviations are authorized. The County Manaaer. or desianee. is
hereby authorized to arant deviations from the orooerty development reaulations
and standards of this Code for a Mixed-Use oroiect in the BMUD-NC Sub-district
approved pursuant to Section 2.03.07. I. 3.. that comolies with the followina criteria.
tL. ~ u_ Criteria for administrative deviations. Administrative deviations may be aranted only
where the County Manaaer or desianee finds that the followina criteria have been
met
i. That the alternative oroposed based on the deviation requested from the
prooertv development reaulation or standard contained in this Code would aid in
furtherina the imolementation of the conceotual site olan of an aoproved MUP:
ii. That the strict aoplication of the reauirements of those orovisions souaht for
deviation would hinder develooment of the aooroved MUP's conceotuaf site..Q@n
and result in a oractical difficultv or a ohvsical hardshio:
iii. That the alternative orooosed is consistent with. and furthers. the purpose
and intent of the BMUD overlav and NC subdistrict:
iv. The deviation reauested would provide a creative or innovative desian
alternative:
v. That the alternative proposed is not inconsistent with sound enaineerina,
landscapina. or plannina practices that mav,be aoplied to mixed-use oroiects of
similar size. location. or function:
16
1 Text underlined is new text to be added.
2-0. ...:text E:tril(ethrough is current text to bo deleted.
Bayshore Mixed Use District 1/26/06
VI. That the alternative orooosed protects the health. safety, and welfare of
abuttina landowners and the oeneral public to the same dearee as the standard or
prooertv development reaulation from which the deviation is beino requested; and
vii. _. That orantina the orooosed deviation is not inconsistent with any soecific
oolicv directive of the Board. of. County. Commissioners or any -99S1.. obiective, or
oolicy of the GMP
~ . Submittal reauirements. The submittal reauirements for a deviation are the
followina, and must be provided at the.. time. of site.. development olan submittal
required by Section 2.03.07. I. 3. c:
L .. A comoleted application form provided by the County Manaaer, or deisanee.
ii. Plans, sealed or aporoved by a reaistered orofessional enaineer, landscaoe
architect. architect. or other aoplicable professional in the aporopriate field that
accuratelv reflect the apolicant's alternative prooosal usinq clearly deoicted oraohic
and textual elements;
iii. A written statement identifvina. bv Code section. each provision from which a
deviation is beina souaht and establishina how the orooosed alternative meets each
of the criteria in subsection b.. above: and
iv. Any other materials and/or calculations that would suooort the reauested
deviation. or that may be requested ....Qy,. the. County Manaoer. or desianee, to
reasonably suooort the request.
Q,..- Refusa/s. Deviations may not be unreasonablv denied. but mav be refused to be
considered by the County Manaaer or desianee if a sufficientlv detailed Conceotual
Site Plan was not aooroved as Dart of the MUP aooroval orocess so as to allow a
reasonable determination of whether the submitted Site Develooment. Plan and
deviation oroposed would meet the criteria in b.. above
~..- Aooeal of decision. The County Manaoer's or desionee's final decision may be
apoealed in accordance with the procedures in section 10.02.02. F. 5. The BZA
may orant the aooeal only uoon a findino that the criteria in subsection b.. above
have been met.
L . Amendments to Code. Each aooroved deviation will be cataloaued and assessed
as to whether it would be more appropriate to recommend it be adooted as Dart of
the next cycle of amendments to this Code.
6. Bayshore Mixed Use District lBMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this
Subdistrict is to encourage a mix of low intensity commercial uses and residential
uses. Developments will be small-scale and pedestrian-oriented. For mixed use
proiects only, subiect to the MUP aooroval process in Sec. 2.03.07.1.3.. refer to
Tables 1 and 2 for permitted uses. Otherwise, oermitted uses are in accordance
with the underlYina zonina district.
b. Waterfront Subdistrict (W). The purpose of this Subdistrict is to allow maximum use
of the waterfront for entertainment while enhancing the area for use by the general
public. Development standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards set forth in Chapter
4.02. For mixed use proiects only. subiect to the MUP apProval process in Sec.
2.03.07.1.3.. refer to Tables 1 and 2 for oermitted uses. Otherwise, permitted uses
are in accordance with the underlvino zonina district.
c. Residential Subdistrict 1 (R1). The purpose of this Subdistrict is to encourage the
development of a variety of housina tvpes which are comoatible with existina
1 Text underlined is new text to be added.
~. Text strikethr-ough is current text to lle deletod.
17
Bayshore Mixed Use District 1/26/06
neiahborhoods and allowina for buildina additions such as front oorches. In new
develooment it is to encouraae traditional neiahborhoocl desian oattern. Refer to
Tabl~~ 1 and 2 for Dermitted uses in ,this Subdis~rict. Mijlt.if:m~y ~==G a&-a
~~~~~I I:lse heavesn Gommerslal and slngla famll a\ :; It. ~~:
m",'tifamily huildinfils sRall he sompatible with the DijilSinfil p;tk;;; ~ faG
artisbllation 9f traElitional neifilhherhoos design. The intent : ~: :~te a 1'0'11 of
residential b1nits with ",niferm front yard setl;}asks ane assoss t t r ,
.!1
Residential Subdistrict 2 (R2). The purpose of this Subdistrict is to encourage the
development of multi-family residences as transitional uses between commercial
and single-family development. The multi-family buildings shall be compatible with
the building patterns and fasaEle artieijlatien of traditional neighborhood design.
Refer to Tables 1 and 2 for oermitted uses in this Subdistrict.
e.
Residential Subdistrict 3 (R3). The purpose of this district is to allow the
development of mebile Remo, mOSl:llar Romo, townhouses and single-family
residences. All new development in this Subdistrict shall be compatible with the
building patterns ant;! faeaEle artisl:llation of traditional neighborhood design, ~
to Ta~les ~ and.2 fo~ Dermi~ed uses in this Subdistrict. The ~~::~: ~~:r:=: a row
of resu:lentlal t:.IFlltS '.VItA eenSlstent frent yard set Basks anEl a & t.
a.
Minimijm LOT '."19th:
SinfilJe family: 49 feet.
Medl:llar Romes: 49 feot.
Te'!JR~eY6e6: 26 foot.
Me~i1e ~eme6: 49 feat.
~
':~~ ~emants. The felle'tAng yaAl reEJijiremants are in relation to the plattod
'" ~
Frent Yare /\t Min. SiEle Yard Min. Rear Yard
One (SiRfille) Family 1 9 feot &.feet 8-feet
- , 1:&.
MeEll:llar D'NellinQ 1 9 feot &.feet 8-feet
YRit6
T 9':JRhol-JSO 1 9 feot 9 feet '/Jhon 8-feet
ABUTTING anothor
t9':.'f1hel:lse, if net then
&.feet
Mohile HemoG 1 0 feot &.feet 8-feet
f.
Residential Subdistrict 4 (R4), The ouroose of this Subdistrict is the same as
Residential Subdistrict R1 exceot onlv sinale-familv detached dwellina units are
oermitted. Refer to Tables 1 and 2 for oermitted uses in this Subdistrict.
g. ~~~~~11~i~~~~~~~~~mefsial SLlbElistrist (RNC) The E>l:lrEl9S0 and intent 9f this
s~bGistrist i~ te aUew IirniteEl heme ossl:lsatienal ~l:l~inesE:os.
a. Mixed Use Activitv Center Subdistrict Portions of the Bavshore Overlav District coincide
with Mixed Use Activitv Center #16 desianated in the Future Land Use Element (FLUE)
of the Collier Countv Growth Manaaement Plan. Oeve/ooment in the activity center is
aoverned bv reauirements of the underlvina zonina district and the mixed use activity
center subdistrict reauirements in the FLUE, except for site develooment standards as
stated in Section 4.02.16 Site Develooment Standards.
h. All Subdistricts. Oevelooment within all Subdistricts of the BMUD shall be subiect to
the site develooment standards as stated in sections 4.02.16 throuah 4.02.21 as
aoolicable. The subdistrict site develooment standards shall also ap;,v to orooertv
18
1. Text underlined is new text to be added.
2. T slit stril~ethrel,/flR is Gl,/FreAt tellt ~ 9; 1I;~t;lI.
Sayshore Mixed Use District 1/26/06
developed in conformance with the underlvina zonina classification after _ rthe
effective date of this provision!.
19
1. Text underlined is new text to be added.
2. T oxl ctrikoll=lr-ougl=l iG Gurront tel<< to 13e Gelotod.