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Chapter 05 - Supplemental Standards CHAPTER 5 SUPPLEMENTAL STANDARDS 5.01.00 Generally 5.02.00 Home Occupations 5.02.01 Applicability 5.02.02 Allowable Home Occupation Uses 5.02.03 Standards 5.03.00 Accessory Uses and Structures 5.03.01 Canopy Tents and Shades 5.03.02 Fences and Walls, Excluding Sound Walls 5.03.03 Guesthouses 5.03.04 Dumpsters and Recycling 5.03.05 Caretaker Residences 5.03.06 Dock Facilities 5.03.07 Permanent Emergency Generators 5.04.00 Temporary Uses and Structures 5.04.01 Temporary Use Permits 5.04.02 Interim Agricultural Uses 5.04.03 Temporary Uses during Construction 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 5.04.06 Temporary Signs 5.04.07 Annual Beach Events Permit 5.04.08 Film Permit 5.05.00 Supplemental Standards for Specific Uses 5.05.01 Businesses Serving Alcoholic Beverages 5.05.02 Marinas 5.05.03 Farm Labor Housing 5.05.04 Group Housing 5.05.05 Facilities with Fuel Pumps 5.05.06 Private Airports 5.05.07 Townhouse Development 5.05.08 Architectural and Site Design Standards. 5.05.09 Communications Towers 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts 5.05.12 Specific Standards for Public Utility Ancillary Systems in Collier County 5.05.13 Heliports and Helistops 5.05.14 Public Schools 5.05.15 Conversion of Golf Courses 5.06.00 Sign Regulations and Standards by Land Use Classification 5.06.01 Generally 5.06.02 Development Standards for Signs Within Residential Districts 5.06.03 Development Standards for Signs for Institutional Uses 5.06.04 Development Standards for Signs in Nonresidential Districts 5.06.05 Exemptions from These Regulations 5.06.06 Prohibited Signs 5.06.07 Enforcement 5.06.08 Sign Variance 5.06.09 Nonconforming Signs 5.06.10 Removal of Prohibited or Abandoned Signs Supp.No.19 LDC5:1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.11 Permit Application and Review Process for Signs Supp.No.19 LDC5:2 SUPPLEMENTAL STANDARDS 5.01.00 5.02.03 J. •..- 5.01.00 GENERALLY [Reserved] 5.02.00 HOME OCCUPATIONS 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential dwellings as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise,obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. (Ord. No. 05-27, § 3.DD) Supp. No. 12 LDC5:3 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.00 5.03.02 C.1. 5.03.00 ACCESSORY USES AND STRUCTURES 5.03.01 Canopy Tents and Shades A. Canopy tents and shades shall be permitted in all areas zoned for residential and estates use, subject to the following standards. 1. The canopy tent shall meet the side and rear setbacks for the applicable zoning district. 2. These structures are expressly prohibited on the street side of the front wall of any structure or building. 3. A building permit shall be obtained for these structures and shall be accompanied by a plot plan. 4. Only one (1) structure shall be permitted per residential lot. 5. A principal structure shall be in place on the lot prior to permitting a canopy tent. 6. These structures shall consist of metal pole supports with canopy tops and no sides. 7. The maximum size of these structures shall be 300 square feet 8. The canopy structure shall not exceed fifteen (15) feet in height. 9. The use of these structures shall be for the storage or parking of recreational vehicles, vehicles authorized in residential areas, or as a sun shade for outdoor recreating.At no time shall these structures be used for any other type of storage. 10. The canopy tent shall not be permitted with electrical or other utility connections. 5.03.02 Fences and Walls, Excluding Sound Walls A. Fences or walls shall be permitted principal uses in all districts, subject to the restrictions set forth in this section, unless specifically exempted; however, a fence or wall shall not, in any way,constitute a use or structure, which permits, requires, and/or provides for any accessory uses and/or structures. B. A fence or wall may be located on a lot line, but no fence or wall (including foundation)shall protrude in full or part on adjacent property or right-of-way. C. Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and designated residential components of PUDs shall be subject to the following maximum fence and wall heights: 1. If located within the required front yard: a. Lots greater than 1 acre: 6 feet. b. Non-waterfront interior lots 1 acre or less: 4 feet. c. Waterfront lots 1 acre or less: 4 feet. Supp. No. 12 LDC5:4 SUPPLEMENTAL STANDARDS 5.03.02 C.1. 5.03.02 F.1. d. Corner lots 1 acre or less:fences closer than 10 feet to the longest lot line frontage of a corner lot, 4 feet; when placed at 10 feet or greater from the longest lot line frontage, then 6 feet. 2. If located within the required side and/or rear yard(s). a. Lots greater than 1 acre: 6 feet. b. Non-waterfront interior lots 1 acre or less: 6 feet. c. Waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards. d. Public Utility Ancillary Systems: 8 feet. e. Corner lots 1 acre or less: 6 feet (there is no rear yard on a corner lot). D. Commercial and Industrial zoning districts,excluding the TTRVC zoning district; Business Park zoning districts; and designated commercial, industrial and business park components of PUDs shall be subject to the following maximum fence and wall heights: 1. Fences or walls shall be limited to a maximum height of 8 feet. 2. The County Manager or designee may approve an administrative variance from the height limitations of fences and walls in commercial and industrial zoning districts provided that at least one (1) health, safety, or welfare hazard peculiar to the property is identified, and that such approval does not address a generic problem more properly corrected by an amend- '"' ment to this Code. E. Agricultural and Conservation zoning districts: 1. Fences and walls within agricultural districts shall be exempt from height and type of construction. F. Fence and wall design standards in all districts: 1. Measurement of fence or wall height: a. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed fence or wall except as provided for in this section and section 4.06.00. b. Determination of ground level. The height of a fence or wall shall be measured from the ground level at the fence or wall location.The County Manager or designee shall determine the ground level for the purposes of measuring the height when it has been determined that the ground level has been altered for the purposes of increasing the height. In such determinations,the County Manager or designee may consider, but is not limited to, the following facts: General ground elevation of the entire lot. ii. In the case of a lot with varying ground elevations, the average elevation over the length of the fence or wall and at points in the vicinity of the fence or wall. Supp. No. 12 LDC5:5 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.02 F.1. 5.03.02 F.5. c. The ground elevation on both sides of the fence or wall. In measuring the height, the ground elevation on the side of the fence or wall location that is at the lowest elevation shall be used as a point from which the height is to be measured. 2. Fences and walls shall be constructed of conventional building materials such as, but not limited to, precast concrete, composite fencing materials, concrete masonry, brick, wood, decorative iron or steel, wire or chain link, as specified herein. 3. Fences and walls shall be constructed and maintained in a manner as to not create a safety hazard or a public nuisance. 4. Safe Distance Sight Triangle: a. A safe distance sight triangle shall be maintained where any property abuts the intersection of 2 rights-of-way (see subsection 6.06.05 C.). The triangle is created from the point of intersection and extends parallel to the abutting rights of way for a distance of 30 feet, connected by a line to create the 3rd side.Any portion of a front yard fence or wall within this triangle is restricted to a height of 3 feet. (See Figure 5.03.02 F.4). CLEAR AREA FOR SIGHT DiSiANCE....- i yyyy' `\ j.fA Y�f • fl ? s c 7ja PAVEMEN T� / . \ 4 V 9 1 LOCAL ROADWAY IN SUBDIVISION Figure 5.03.02 F.4 5. Fences and walls shall be constructed to present a finished side of the fence or wall to the adjoining lot or any abutting right-of-way. a. If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived by filing the appropriate application for consideration by the County Manager or designee. Supp. No. 12 LDC5:6 SUPPLEMENTAL STANDARDS 5.03.02 F.5. 5.03.02 G.3. b. Barbed wire, razor wire,spire tips,sharp objects,or electronically charged fences are prohibited,except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. G. Supplemental Standards. 1. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence. b. Fences forward of the primary facade, excluding chain link, wire mesh and wood are permitted under the following conditions: i. Fences shall not exceed 4 feet in height. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii. The fence style must complement building style through material, color and design. 2. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): a. If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. b. The fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight-obscuring screen within one year of planting. 3. Barbed wire is only authorized within agricultural, commercial, industrial districts and on fences surrounding public utility ancillary systems in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by application and decision by the County Manager or designee. Supp. No. 12 LDC5:7 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.02 H. 5.03.02 H.4. H. Wall requirement between residential and nonresidential development. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, a masonry wall, concrete or pre-fabricated concrete wall and/or fence shall be constructed on the nonresidential property consistent with the following standards. 1. Height and Location. a. If located on a contiguous property,then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district. b. If located on a property opposite a residentially zoned district but fronting on a local street or roadway,or the properties are separated by a platted alley,then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of the right-of-way landscape buffer line. c. If a property fronts on more than 1 street, then height shall be 6 feet and placement shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. d. These regulations shall not be construed to require a masonry wall and/or fence for properties used as golf courses or preserve areas and non-residential development fronting on an arterial or collector roadway where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 5.05.08(B) of this Code. 2. Landscaping requirements. a. When the placement is within the required landscape buffers, then the required vegetative plantings and irrigation for the buffer shall be located on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. b. When the placement is outside of a required landscape buffer,then the wall and/or fence shall be screened with an abutting, continuous irrigated hedge on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. 3. Timing of installation. a. The wall and/or fence shall be constructed following site plan approval but prior to the occurrence of any vertical construction or other site improvements. At the County Manager or designee's discretion, if site conditions warrant, the wall may be constructed in phases and/or after vertical construction or site improvements commence, depending upon the location of affected residential areas. 4. Deviation from wall requirement. a. At the applicant's request, the County Manager or designee may determine that a masonry wall and/or fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists Supp. No. 12 LDC5:8 SUPPLEMENTAL STANDARDS 5.03.02 H.4. 5.03.03 D.4. between the residential development and the nonresidential development,or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by providing an alternative design and a descriptive narrative through an Administrative Fence Waiver application, as set forth in the Administrative Code.The County Manager or designee shall review the submit- ted documents for consistency with the intent of this section and, if the administrative variance is approved,the approval and its basis shall be noted on the site development plan and the administrative variance approval letter. Special fences and walls. 1. Sound Walls: a. Sound walls erected by, or at the direction of, any government entity for purposes of attenuating sound from an interstate, collector or arterial roadway shall be exempt from height restrictions. 2. Public utility ancillary facilities. a. See subsection 5.05.12. (Ord. No. 05-27, § 3.EE; Ord. No. 08-63, § 3.S; Ord. No. 10-23, § 3.CC; Ord. No. 12-38, § 3.S; Ord. No. 14-33, §3.M) 5.03.03 Guesthouses Where a guesthouse is an allowable use, it shall be permitted only in compliance with the following standards.See LDC section 1.08.02 Guesthouse for additional information. A. No guest accommodation facility in a single-family residential district, whether a freestanding guest house or guest accommodations which are structurally integrated with the main dwelling, may be utilized for commercial purposes. B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC. C. If a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the property owner, since that would constitute the unlawful utilization of single-family zoned property for two-family dwelling purposes. D. The following site design standards apply to all guest houses: 1. Minimum lot area shall be 43,560 square feet. 2. Minimum lot width shall be 105 feet. 3. The maximum floor area shall be forty(40)percent of the air-conditioned,enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) of the principal dwelling. 4. Detached guest houses shall not be closer than twenty (20) feet to the principal dwelling. Supp.No.17 LDC5:9 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.03 E. 5.03.04 D. E. A guesthouse may be constructed prior to a principal dwelling, provided the guest house meets the minimum requirements of a single-family residence in the district in which it is being constructed.At such time as a principal residence is constructed, then the floor area percentages listed above shall apply. (Ord. No. 14-33, § 3.N) 5.03.04 Dumpsters and Recycling Solid waste disposal and recycling (Ordinance No. 04-50) shall be required in the form of bulk container service (garbage and recycling receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside garbage and recycling pickup. Solid waste disposal and recycling shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below. A. Trash container location requirements: 1. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler. 2. Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. 3. For multi-family residential developments having more than one structure,no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor is used for service). 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. B. Access to trash containers.The access approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street.Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length adjacent to the container. C. Container quantities. In the case of multi-family developments and commercial and industrial busi- nesses that do not receive curbside service and choose to use dumpster service,at least one standard size bulk container(garbage dumpster)shall be required for trash disposal and at least one receptacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions.Enclosures for dumpsters shall have minimum internal dimensions of 12 by 12 feet with a separate area for recycling receptacles enclosed by vegetative screening.An alternative is an enclosure with minimum internal dimensions of 12 by 24 feet for no less than two standard Supp.No.17 LDC5:10 SUPPLEMENTAL STANDARDS 5.03.04 D. 5.03.04 H.1. receptacles contained inside(one for garbage and one for recycling). If equipped with gates,the clear opening dimension shall be a minimum of 12 feet or 24 feet depending on enclosure style, as defined in this paragraph and the gates must be provided with a device to hold them open. E. Container screening. Except as noted below,all receptacles shall be screened on at least 3 sides from view of adjacent property owners and from adjacent streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted: 1. In I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2. In A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3. During construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the provisions of section 5.05.08, trash enclosure walls or gates made of chain link or wood are not acceptable. F. Compactors. Multi-family developments may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions;for individually owned multi-family units (condominiums), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family developments containing more than one structure, the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to 3 by 12 feet. G. Curbside pickup. The County Manager or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. Condo- minium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the County Manager or his designee that: 1. The subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the development, 2. There is adequate access to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. H. Non-Compliance. In the event that a property owner experiences a Substantial Hardship, as defined in Ordinance No. 2004-50, Section 5(FF), or if due to specific site conditions Ordinance No. 2004-50, Section 17(B), is unable to conform with the provisions contained herein, the property owner, or his designee, shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-50, Section 17(A) and (B). 1. The process for requesting an administrative variance shall be as follows: a. Complete an administrative variance form, which is available from the Utility Billing& Customer Service Department, at the Utility Billing & Customer Service office, or by downloading the form from the County Website (www.colliergov.net). Supp. No. 12 LDC5:11 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.04 H.1. 5.03.06 B.4. b. Deliver the form to the Utility Billing & Customer Service Department along with all requested information. c. Within five business days of receiving the administrative variance form, the County Manager or his designee will contact the property owner, or his designee to review the administrative variance request. d. The County Manager or his designee and the property owner, or his designee shall jointly develop a solution that complies with Ordinance No. 2004-50 and meets the intent of this section 5.03.04 of the Collier County Land Development Code. I. If the County Manager or his designee and the property owner, or his designee, are unable to resolve the conflict, the property owner, or his designee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code. (Ord. No. 04-72, § 3.S) 5.03.05 Caretaker Residences The County Manager or designee may authorize the construction of a caretaker's residence in the C-1,C-2, C-3, C-4, C-5, and I zoning districts subject to the following: A. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted. B. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure. C. Off-street parking shall be as required for a single-family residence in accordance with section 4.04.00. D. Any other requirement which the County Manager or designee determines necessary and appropriate to mitigate adverse impacts of such use in the district. (Ord. No. 14-33, § 3.0) 5.03.06 Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use,while minimally impacting navigation within any adjacent navigable channel,the use of the waterway,the use of neighboring docks,the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks. 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses. Supp. No. 12 LDC5:12 SUPPLEMENTAL STANDARDS 5.03.06 B.S. 5.03.06 E.2. 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water line(MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities.The following criteria apply to dock facilities and boathouses,with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. Supp. No. 12 LDC5:12.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 E.3. 5.03.06 E.B. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection(DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet,except as provided in subsections 5.03.06(E)or 5.03.06(F)of this LDC or as exempted below. 6. All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. Supp. No. 12 LDC5:12.2 SUPPLEMENTAL STANDARDS 5.03.06 B.S. 5.03.06 E.2. 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following:property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water line(MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities.The following criteria apply to dock facilities and boathouses,with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. Supp.No.21 LDC5:13 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 E.3. 5.03.06 E.11. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or '— bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply.All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet,except as provided in subsections 5.03.06(E)or 5.03.06(F)of this LDC or as exempted below. 6. All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. 9. Riparian lines for all other lots shall be established by generally accepted methods,taking into consideration the configuration of the shoreline,and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi-family developments, the house number requirement is waived. 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a"Manatee Awareness and Protection Plan,"which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. c. Information on the type and destination of boat traffic that will be generated from the facility. d. Monitoring and maintenance of water quality to comply with state standards. Supp.No.21 LDC5:14 SUPPLEMENTAL STANDARDS 5.03.06 E.11. 5.03.06 G.2. e. Marking of navigational channels, as may be required. F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway:Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style.A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with,the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. Supp.No.21 LDC5:14.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 G.3. 5.03.06 H.1. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G.above,then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E.may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria,and at least 4 of the 6 secondary criteria, have been met.These criteria are as follows: 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property.(The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate). b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is Supp.No.21 LDC5:14.2 SUPPLEMENTAL STANDARDS 5.03.06 H.1. 5.03.06 H.2. unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s)described without an extension). c. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel.(The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel). d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks.(The facility should not interfere with the use of legally permitted neighboring docks). 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least 1 special condition related to the property;these may include type of shoreline reinforcement,shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable,safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area). c. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be main- tained). d. Whether the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners.(The facility should not have a major impact on the view of a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). g. If deemed necessary based upon review of the above criteria, the Planning Commis- sion may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety Supp.No.15 LDC5:15 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 H.2. 5.03.06 J.3. and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four(4) inches. Procedures for approval of docks,dock facilities,and boathouses. 1. The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities, and boathouses. Notice procedures are provided in LDC section 10.03.06. 2. All dock facilities are subject to,and shall comply with,all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S.Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review,based on an evaluation of the criteria in LDC subsection 5.03.06 H. J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks,dock facilities,or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed,the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County,or a scale of 1 inch to 400 feet when such photographs are not available from the County.The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds.Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. Supp.No.15 LDC5:16 SUPPLEMENTAL STANDARDS 5.05.06 J.4. 5.03.07 C.3. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord. No. 06-63, § 3.CC; Ord. No. 13-56, § 3.N; Ord. No. 16-27, § 3.0; Ord. No. 20-16, § 3.F) 5.03.07 Permanent Emergency Generators A. Purpose and intent. It is the purpose of this section to reduce noise, improve the aesthetics of mechanical equipment, and protect the public health and safety of homeowners from the risks associated with combustion engines and the entry of carbon monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners who seek shelter at home during periods of electrical power outages. B. Applicability. Permanent emergency generators for single-family and two-family dwellings shall be permitted as an accessory use and located in accordance with LDC section 5.03.07 Table 1. C. Standards and requirements. 1. Permanent emergency generators shall adhere to all generator manufacturer's locational specifications and applicable federal, state, and local code requirements.The manufacturer's locational specifications shall be concurrently reviewed with the applicable electrical, structural, mechanical, gas piping, and storage tank permits. 2. Submittals. At a minimum, the applicant's site plan shall indicate the location and dimension of the proposed generator, generator exhaust direction and permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all easements burdening the property, including but not limited to drainage easements, lake maintenance easements, and/or access easements.The site plan shall be provided with the building permit application.The written approval of an easement holder for placement in an easement is required and must be included with the submittal. 3. Location and distances. Permanent emergency generators may be located in the required front, side and rear yard setback in accordance with the following in Table 1. All distance setback and separation requirements shall be measured from the most restrictive of the generator's enclosure or exhaust outlet and adhere to the following: a. When located underneath the dwelling unit,the exhaust outlet shall be vented outside of the dwelling unit above the roof line. b. Generators may be allowed in the front yard, at a distance no greater than six feet from the dwelling unit in zoning districts with 35 feet front yard setback or greater and shall require a vegetative screen.For corner lots, the generator may be allowed in the front yard which has the longest street frontage utilizing the side yard generator setback standards in Table 1. c. Generators located in the rear yard of a waterfront lot shall require a vegetative screen. Supp.No.21 LDC5:17 COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.07 C.3. 5.04.01 B. TABLE 1 Generator Setback and Separation Standards (feet) Principal Structure Setback Generator Distance to Lot Line Side Yard 5 or less 1 Greater Than 5 and Up To 7.5 2 Greater Than 7.5 and Up To 20 4 Greater Than 20 10 Rear Yard 10 waterfront 5 non-waterfront Separation Distance to Public and Private Road Right-of-Way 10 Between Mechanical Air Intake Equipment or Other Generator 10 Distance from Windows, Soffit Vent,Eaves To the Dwelling, Shrubs 5 and Trees Distance from Gas and Electrical Meters, Pool Pumps, Water and 3 Water Softener Systems, AC Compressors and Landscape Plant- ings 4. Carbon monoxide detector. If any exterior wall openings are within 10 feet of the generator's exhaust outlet, at least one carbon monoxide detector shall be installed inside the structure near the exterior wall openings and on each floor level. 5. Generator noise and testing. Generator noise and routine testing shall be in compliance with LDC section 4.02.1 D.13. 6. Drainage flow. Maintenance of stormwater drainage shall be as required in LDC section 6.05.03. D. Additional requirements for diesel and gasoline engines. Notwithstanding the foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet from any lot line. (Ord. No. 19-13, § 3.B) 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Temporary Use Permits A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. B. General. The County Manager or designee may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of the LDC.Approvals for such requests shall be based upon, but not limited to,the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties. Supp.No.21 LDC5:18 SUPPLEMENTAL STANDARDS 5.04.01 C. 5.04.02 A.3. C. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the County Manager or designee. D. Cancellations and postponements. 1. If a permitted event is canceled or postponed, the applicant shall furnish Collier County with written notification of such cancellation or postponement and the reason(s) for same. It is understood that weather conditions may cause last minute cancellations; however, the appli- cant shall make every effort to notify the county staff prior to the scheduled commencement of said event. If the event is to be re-scheduled, notice of the date and time of the rescheduled event shall be provided. 2. If a permitted event is postponed,the permit will be amended to reflect the rescheduled event dates and a copy will be provided to the applicant prior to the event. 3. If an event is cancelled and the County is notified prior to the initially proposed commencement date the number of days used will not count towards the maximum number of authorized days afforded for events by the LDC. E. Suspension or revocation. Failure to comply with the terms and conditions of the temporary use permit, once issued,shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied.A permit may be revoked,without refund,for established public safety and welfare issues.The suspension or revocation shall be initially communicated verbally, followed by a written suspension or revocation order.The continued failure to comply with the terms and conditions of a previously suspended permit may result in the revocation of said permit. F. Violations.The failure to obtain a required Temporary Use Permit, and/or the failure to cease activities authorized by such a temporary use permit, including the removal of any displays, structures, merchandise,equipment, signs or banners authorized by said permit, upon expiration,suspension, or revocation shall establish a violation of the LDC and shall be subject to the penalties established within the LDC. (Ord.No. 10-23, § 3.DD;Ord. No. 13-56, §3.0) 5.04.02 Interim Agricultural Uses A. It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character. 1. No land authorized as an interim agricultural use to be used or used for agricultural uses or activities shall be rezoned to,converted to,or used for any nonagricultural use or development for at least 10 years after any new clearing of such land. 2. The inclusion of buildings and structures,other than wells,structures for conservation and drainage protection, and unpaved roads, is strictly prohibited. 3. The interim agricultural use of the premises which in any way attracts or invites access and use of the general public,or the use of such premises for any commercial activity other than that expressly permitted within the zoning district, is strictly prohibited. Supp.No.19 LDC5:18.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.02 B. 5.04.02 B.9. B. The procedures for approval of an interim agricultural use are set forth in Chapter 10.The following criteria apply to all interim agricultural uses: 1. Interim agricultural uses may be permitted in any zoning district, except the rural agricultural district,for only the following agricultural activities:pasturing,field crops, horticulture,fruit and nut production, forestry, beekeeping, aquaculture, and mariculture. 2. The grant of the interim agricultural use shall be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood or to adjoining properties, and shall not be otherwise detrimental to the public welfare. 3. Compliance with all elements of the GMP. 4. Compliance with all environmental regulations as identified in this Code or other County regulations and policies. 5. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience,traffic flow and control,and access in case of fire or catastrophe. 6. Off-street parking and loading areas, where required, with particular attention to the items in subsection 5 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district. 7. Refuse and service areas,with particular reference to the items in subsections 5 and 6 above. 8. Utilities, with reference to locations, availability, and compatibility. 9. Screening and buffering with reference to type, dimensions, and character. Supp.No.19 LDC5:18.2 SUPPLEMENTAL STANDARDS 5.04.02 B.10. 5.04.02 D.5. 10. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district. 11. Required yards and other open space. 12. General compatibility with adjacent properties and other properties in the district. 13. Any special requirements established in Chapter Two for the particular use involved. 14. Any interim agricultural use shall expire 1 year from the date it was granted,unless extended by action of the BZA. If, by that date, the use for which the interim agricultural use was granted has not been commenced, an interim agricultural use shall automatically expire 2 years after the date of grant and must be reviewed by the BZA in order to be continued. Each subsequent renewal period shall be limited to 2 years and must be reviewed by the BZA at the end of each 2-year period in order to be continued. C. A mobile home may be used as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: 1. Receipt of a temporary use permit; 2. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first; 3. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and 4. The mobile home must be removed at the termination of the permitted period. D. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: 1. Receipt of a temporary use permit; 2. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to,an agricultural clearing permit, building permit(s), ST permits, and the like; 3. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use; 4. The initial temporary use permit may be issued for a maximum of 3 years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities; 5. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five (5) acres in size.Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations; and Supp. No. 11 LDC5:19 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.02 D.6. 5.04.03 I. 6. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line. 5.04.03 Temporary Uses during Construction During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shall be granted initially for a period not to exceed twenty-four (24) months in duration and may be renewed annually based upon demonstration of need and payment of a fee. A request for renewal shall be submitted to the County Manager or designee in writing thirty (30) days prior to the expiration of the temporary use permit.Temporary construction and development permits shall be allowed for the following uses: A. Temporary offices to be used for construction and administrative functions within the development. B. Permits for temporary offices for single-family residential developments may be issued under the following circumstances: 1. Where the same developer or licensed building contractor performing the work has obtained a valid building permit to construct three or more homes in the same development. 2. Where a developer, owner-builder, or licensed building contractor performing the work has obtained a building permit for the construction of one single-family home which exceeds 2,500 square feet of air conditioned floor area and that a letter of justification of need is submitted to, and approved by, the County Manager or his designee (limited to one office). 3. The temporary offices shall be removed within 30 days of the issuance of a certificate of occupancy for the last home to have been issued a building permit. C. Temporary administrative offices to be used in conjunction with a bona fide agricultural use in the agricultural zoning district when located in the area designated agricultural on the Future Land Use Map of the Future Land Use Element of the GMP. D. Temporary classrooms on the site for existing nonprofit organizations, used to continue existing classroom activities, and in conjunction with an approved development order. Permits for such classrooms will be issued in conjunction with an approved site improvement plan. E. On-site storage of equipment and construction materials for use on the development site only. F. On-site mobile or manufactured home used as a temporary office or storage facility for persons engaged in the development of the site. G. On-site mobile radio and television equipment and antennae. H. On-site mobile or manufactured home for the use of a watchman or caretaker only. I. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. Supp. No. 11 LDC5:20 SUPPLEMENTAL STANDARDS 5.04.03 J. 5.04.04 B.3. J. Off-site temporary parking on property which is located contiguous to the subject development, or would be contiguous except for a roadway that is not designated as a collector or arterial in the Traffic Circulation Element of the GMP, with the written authorization of the property owner. K. Other on-site uses similar to the foregoing uses and determined by the County Manager or designee to meet the intent of Chapter 10. L. Proposed temporary structures identified above require the submission of a conceptual site plan that addresses the requirements of Chapter 10. 5.04.04 Model Homes and Model Sales Centers A. Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts: 1. Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a subdivision, by the issuance of a temporary use permit. 2. However, a model center as a permitted use within a PUD, and not located within a dwelling unit or a temporary structure, such as a trailer, shall not require a temporary use permit. B. Model homes and model sales centers located within residential zoning districts, a residential component of a PUD, the estates (E) zoning district, or the agricultural (A) zoning district, shall be restricted to the promotion of a product or products permitted within the zoning district in which the model home or model sales center is located and further subject to the following: 1. Model homes shall only be permitted for dwellings that have not been previously used as a residence. 2. A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 3. Model homes may be "wet" or "dry." a. Model homes permitted as "dry" models (unoccupied by a sales office and/or representative) shall be limited to a conditional certificate of occupancy allowing the use of the structure as a model only, provided all required infrastructure is in place to service the unit. b. Model homes permitted as "wet" models (occupied by a sales office and/or representative) shall not be occupied until such time as all required infrastructure is available to service the unit and a permanent certificate of occupancy has been issued. c. Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in �- accordance with LDC section 5.04.04 C. Supp. No. 12 LDC5:21 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.04 B.3. 5.04.04 B.S. d. Model homes occupied by a sales office and/or representative must have all required landscaping, parking, and handicapped access on site. e. A temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of 3 years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with LDC section 10.08.00. 4. Model sales centers may be located in either a temporary structure, usually a mobile home, or a permanent structure which is either a residential dwelling unit or a non-residential structure. Temporary use permits shall be issued as follows: a. A temporary use permit for a sales center in a temporary structure shall be issued initially for a period of 3 years and may be renewed annually based upon demon- stration of need. b. A temporary use permit for a sales center in a permanent structure which is a residential dwelling unit shall be issued initially for a period of 3 years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with LDC section 10.08.00. c. A temporary use permit for a sales center in a permanent structure other than a residential dwelling unit shall be issued initially for a period of 3 years and may be renewed annually on demonstration of need. 5. Temporary use permits for model homes or model sales centers to be located within a proposed single-family development prior to final plat approval may be requested by the applicant and require: a. Administrative approval of a plat and construction plans showing all required infrastructure for the lot(s) on which the model home or model sales center is to be located. b. A site development plan (SDP) pursuant to LDC section 10.02.03. c. A maximum of 5 models,or a number corresponding to 10 percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. d. The applicant shall provide documentation that all required utilities will be available to the subject site,and,where required, shall depict such utilities in detail on the SDP. e. The parcels on which the models are located must abut a privately owned and maintained road, temporary in nature or permanently constructed to Collier County roadway standards. f. The boundaries depicted on the preliminary subdivision plat shall be depicted on the SDP in order to ensure compliance with the applicable development standards in effect on the subject property. Supp. No. 12 LDC5:22 SUPPLEMENTAL STANDARDS 5.04.04 B.5. 5.04.04 C.2. g. Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents. 6. Temporary use permits for model units or units used for sales centers in multi-family projects shall not be issued prior to plat recordation and final approval of the project site development plan. 7. All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of LDC section 5.04.04 C. 8. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: a. In the case of a permanent structure which is a dwelling unit, a site improvement plan (SIP) per LDC section 10.02.03; b. In the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); c. In the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan (CSP) which addresses the requirements of LDC section 5.04.04C, or a SIP, depending on the extent of the work required. 9. Temporary use permits for model homes to be located within a proposed single-family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to LDC section 4.03.00, and a CSP which addresses the requirements of LDC section 5.04.04C.Unoccupied(dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s). 10. Temporary use permits for occupied (wet) model homes following subdivision approval shall require a CSP which addresses the requirements of section 5.04.04C of the LDC.Temporary use permits for unoccupied model homes following subdivision approval shall require a CSP and shall be issued only in conjunction with an approved SDP or SIP for a model sales center which provides adequate parking to support the model(s). C. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows:All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site. 2. Minimum parking requirements: a. Four(4) parking spaces for the first model unit and one and one-half(1.5) spaces for each additional model unit (for dimensions see section 4.05.02 of this Code). Supp.No.22 LDC5:23 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.04 C.2. 5.04.05 A.1. b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in height and 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. No building permit is required for the sign. 5 Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 6. Lighting. 7. Sanitary facilities. 8. Fire protection. 9. Environmental impacts. 10. Stormwater management. 11. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. (Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.EE; Ord. No. 14-33, § 3.P) 5.04.05 Temporary Events A. Special Events.This section establishes the location and development standards for special events, including temporary market events, sales and promotional events, and sports, religious, community events, and events in County right-of-way. 1. Standards applicable to all special events. a. Sanitary facilities shall be provided for the duration of the event. Proof of consent by business management shall be provided if permanent business restrooms are to be used. Supp.No.22 LDC5:24 SUPPLEMENTAL STANDARDS 5.04.05 A.1. 5.04.05 A.2. b. Safe ingress and egress shall be provided to the site, including emergency access measures. c. A maximum of 25 percent of the vehicular use area may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise associated with the special event, unless equivalent additional off-site parking is provided. d. The minimum required number of handicapped parking spaces for the site pursuant to LDC section 4.05.07 shall not be used for the special event. e. In support of the special event, temporary structures, equipment, merchandise, and signage may be placed on the site subject to the approval of a site diagram depicting the locations of principal structures, parking, temporary structures, and signage. i. Temporary signage shall be subject to the restrictions set forth in LDC section 5.04.06. ii. All temporary structures, equipment, merchandise, or placement and parking of vehicles in conjunction with the special event shall be located in a parking lot or open space at least 10 feet from the property line, except events in County right-of-way that are approved in accordance with LDC section 5.04.05 A.5.All temporary structures, equipment, merchandise, or placement and parking of vehicles in conjunction with the special event shall be removed at the conclusion of each event. iii. A building permit may be required for the erection of temporary tents or structures. f. See Collier County Code of Laws Sections 118-102 and 118-131 to 118-155, or successor sections, for additional standards related to solid waste and recycling collection. g. No sales, advertising, or other activity related to the special event shall be permitted in the public right-of-way in accordance with Collier County Code of Laws Section 26-1, or successor sections, unless approved in accordance with LDC section 5.04.05 A.5. h. Application.The Administrative Code shall establish the procedural requirements for special events. 2. Temporary Market Events.A Temporary use permit is required for temporary market events to allow for the temporary sale of retail products which may not normally be available in non-residential zoning districts. Temporary market events shall be defined as a single- or multi-vendor event where vendors sell goods or personal services directly to the public, such as, but not limited to:farmers markets, art fairs, and craft fairs. a. Location. Temporary market events are allowed on improved or unimproved non- residential properties. For temporary events on Collier County Property, see LDC section 5.04.05 D. Supp.No.22 LDC5:25 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.05 A.2. 5.04.05 A.4. b. The applicant shall provide a letter from the property owner or property manager granting permission to utilize the subject property for the temporary market event during the requested time period. 3. Sales and Promotional Events. a. A temporary use permit is required for temporary sales and/or promotional events on non-residential property, such as grand openings, going out of business sales, special promotional sales,sidewalk sales,overstock sales,tent sales,or other similar uses for sales and promotional events related to the principal activities in operation at the subject property, unless otherwise provided for in this section. b. Temporary use permits for sales may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in LDC sections 5.04.05 A.3.e.and 5.04.05 A.3.f. below. c. Temporary use permits for sales shall be restricted to those zoning districts in which the sale of the items would normally be permitted.Further,the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in LDC sections 5.04.05 A.3.e. and 5.04.05 A.3.f. below. d. Special event temporary use permits for Sales and Promotional Events shall not be issued for unimproved properties, with exception to pre-construction ground breaking events with a valid development order. e. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County.Additionally,the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. f. The County Manager or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 4. Sports, religious, and community events. a. A temporary use permit is required for sports, religious, community, or other similar events sponsored by profit, nonprofit, charitable, civil, or membership organizations, on lands not specifically developed and approved for such activities on a regular basis. b. Temporary use permits of this type may, in support of the use being permitted, include a mobile home as an office, but not for residency. Supp.No.22 LDC5:26 SUPPLEMENTAL STANDARDS 5.04.05 A.4. 5.04.05 A.S. c. Temporary use permits in this category shall be restricted to those zoning districts in which the use would be compatible, unless otherwise approved by the Board of County Commissioners via a public petition request. d. The County Manager or designee shall accept, without fee, temporary use permit applications for sports, religious, community, or other similar events, upon presenta- tion of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large or a specific group of individuals.Two such events per calendar year per organization are eligible for this permit. 5. Events in County Right-of-Way. a. A temporary use permit shall be required for events which take place in any County right-of-way. b. The temporary use permit application shall be submitted at least 120 days prior to an event that requires Hearing Examiner or Board approval or 60 days prior to an event that requires administrative approval. c. At a minimum, temporary use permit applications for events shall be reviewed by the following Collier County departments, divisions, and outside agencies: i. Collier County Growth Management Department shall determine compliance with all applicable requirements. ii. Collier County Sherriff's Office shall determine whether any additional security or police service is necessary. iii. The applicable Fire District shall determine whether any additional fire service is required. iv. Emergency Medical Services shall determine whether any additional medical services are required. v. Collier County Bureau of Emergency Services shall determine whether additional crowd control is required. vi. Collier County Risk Management shall determine whether additional insur- ance or bonds are required for the event. d. Any event that necessitates the use of the right-of-way of any arterial or collector roadway, or any event which necessitates closing all or part of any County right-of-way between the hours of 7:00 AM through 9:00 AM or 3:30 PM through 6:30 PM shall require review and approval at a public hearing of the Hearing Examiner or Board of County Commissioners. Public notice shall be in accordance with LDC section 10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the Board of Zoning Appeals. Supp.No.22 LDC5:27 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.05 A.S. 5.04.05 A.S. e. Events that do not require a public hearing as set forth in LDC section 5.04.05 A.5.d above, shall be reviewed by the County Manager or designee. Any appeal from an administrative determination shall be to the Hearing Examiner or Board of Zoning Appeals, as applicable. f. Criteria for review: The applicant has complied with all required criteria on the permit application form. ii. Sufficient support personnel, including certified crowd managers are avail- able to assist in the conduct of the event. iii. Adequate support facilities are available for the event including, but not being limited to, parking, refuse collection, sanitation, and lighting. iv. No conflict exists with the requested event and other approved and previously scheduled events. v. Crowd size has been determined to be a manageable size for the proposed event and site. vi. The event is generally compatible with the character of the surrounding area. vii. The applicant complied with the terms and conditions of any previously approved permits. g. Applications shall include a site plan and route map that shows the proposed route of the event, areas of assembly or dispersal, parking areas, location of temporary signs, maintenance of traffic signs(such as detour signs, barricades,or cones),stationing of any crowd managers, officers, or flag persons,temporary detours to be utilized by the public, and all temporary construction or structures (stages, booths, water and toilet facilities, etc.). h. The placement and location of maintenance of traffic signs shall be in accordance with the Federal Manual on Uniform Traffic Control Devices,as amended, and FDOT's Roadway and Traffic Design standard plans. Certified crowd control managers shall be provided at a minimum ratio of one per 250 participants or attendees. Hiring of off-duty law enforcement officers shall satisfy the requirement for certified crowd control managers. j. The County Manager or designee may revoke a temporary use permit if it is determined that any condition or stipulation has been violated, that the approval was in error or based on inaccurate information, or that the use negatively impacts the surrounding uses or poses a safety hazard, or otherwise is negatively impacting the safety, health or welfare of the general public. Supp.No.22 LDC5:28 SUPPLEMENTAL STANDARDS 5.04.05 B. 5.04.05 F.1. B. Temporary seasonal sales.A temporary use permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued only for the following seasonal/ holiday related items: a. Christmas trees. b. Fireworks, as allowed by F.S.Chapter 791 and subject to the issuance of an approved permit by the jurisdictional fire district. c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties. 3. The applicant shall provide a letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales. C. Garage sales.A permit is required for garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions. D. Temporary events on Collier County property: 1. A Board approved agreement shall be required for temporary events on all Collier County parks, facilities, and other property.A temporary use permit shall not be required. 2. Signage for temporary events on Collier County property shall comply with LDC section 5.04.06 Temporary Signs. 3. The applicant shall coordinate with emergency medical services, fire districts, and Collier County Sheriff's offices to determine the appropriate level of coverage required for the event. E. Temporary Uses, not elsewhere classified.At the direction of the BCC, the County may, from time to time, be called upon to allow certain uses for specific periods of time.After public hearing, the County Manager or designee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and/or requirements have been satisfied. F. Temporary event time limits. 1. Table 5.04.05 F.1.-Temporary Event Time Limits Temporary event type Maximum number of event days Maximum number of event days allowed for each permit allowed per calendar year per loca- tion Temporary market events 13 521 Sales and promotional events 14 282,3 Sports, religious, and community 14 282,3 events Temporary seasonal sales 35 105 Garage sales 24 4 Supp.No.22 LDC5:29 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.05 El. 5.04.06 A.3. Temporary event type Maximum number of event days Maximum number of event days allowed for each permit allowed per calendar year per loca- tion Temporary events on Collier County As approved in accordance with LDC section 5.04.05 D. property Temporary uses not elsewhere clas- As approved in accordance with LDC section 5.04.05 E. sified 1 Maximum consecutive event days shall not exceed two event days at any one location. 2 Extension.Temporary use permits for sales and promotional events and sports, religious, and community events may be extended up to an additional four weeks when approved by the Board of County Commissioners at a regularly scheduled public meeting.Such approval may be subject to stipulations and additional constraints which shall be noted as conditions of the permit and the permittee will be required to sign a notarized agreement to abide by such conditions. 3 For multiple occupancy parcels with ten or more tenants the total duration of all such events shall not exceed 42 event days per calendar year. 4 The County Manager or designee may issue one 2-day permit for such events during each 6-month period. (Ord.No. 10-23, §3.FF;Ord.No.13-56, §3.P;Ord.No.14-33, §3.Q;Ord.No. 14-40, §2.C;Ord.No. 15-28, §2; Ord. No. 16-27, § 3.P; Ord. No. 20-44, § 3.G) 5.04.06 Temporary Signs A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. 1. The County Manager or designee may issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Growth Management Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by authority of this section shall not be placed within any public right-of-way,except when an event in the County right-of-way is approved and a temporary use permit is issued in accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1. i. Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists. b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may display 1 on-site temporary sign;a second such sign may be displayed on a property having Nam or a second street frontage. Supp.No.22 LDC5:30 SUPPLEMENTAL STANDARDS 5.04.06 A.3. 5.04.06 B.1. c. Absent specific standards to the contrary,temporary signs shall be located onsite and no closer than 10 feet to any property line. d. Temporary signs and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in sign area or 8 feet in height. e. Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height. B. Temporary Sign Permit Types and Standards. 1. Temporary Events. A temporary use permit for a temporary event, issued per LDC section 5.04.05,shall allow for the placement of temporary signage as classified and regulated herein. a. A "sign only" temporary use permit may be issued for temporary ground signs and banners used to promote a sale, event, or activity not requiring a temporary event temporary use permit per LDC section 5.04.05 of this Code. Such uses include, however are not limited to,study or course offerings,vacation camp, non-public indoor events, and sales events occurring within the confines of an established business. i. "Sign only"temporary use permits will be allowed, regulated,and enforced as special event signs. ii. Time limits for"sign only" temporary use permits shall be the same as those for special events, see LDC subsection 5.04.05 A.3. b. Special event signs. Special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. c. Seasonal sales signs. d. Garage sales signs.Two temporary signs may be placed on the property where the sale is being conducted. e. Temporary signs for events in County right-of-way. i. Signs may display the event, name, date, location and a directional arrow pointing to the direction of the event only. ii. No sales, advertisement, or commercial message is allowed on signs. iii. Maximum dimension of 2 feet by 3 feet. iv. No signs shall be erected more than seven days prior to a scheduled event, and all signs must be removed within three business days after the event completion. v. No signs shall be located within the right-of-way medians. Supp.No.22 LDC5:30.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.06 B.1. 5.04.06 B.4. vi. No signs shall be attached to traffic control signs or other authorized highway signs and impede vehicular or pedestrian traffic. vii. Limited to six signs within a five-mile radius of the event boundaries. However, events recognized at a regular meeting of the Board of County Commissioners to benefit the Community and promote tourism are limited to up to 40 signs. 2. Grand Opening signs. A one-time 14-day nonrenewable grand opening sign only temporary use permit may be issued upon the opening of a new business, or the approved relocation of an existing business. a. A current valid Collier County Business Tax Receipt or an approved Land Use and Zoning Certificate (Non-Residential) may serve as evidence of the new business, or location, opening. b. A separate permit is not required for a grand opening sign if being placed in conjunction with a special event temporary use permit issued per subsection 5.04.05 A.1. c. A grand opening sign temporary use permit may be obtained only within the first 3 months of establishing a new business or location. d. A grand opening sign is limited to an anchored banner. e. A"sign only"temporary use permit for a grand opening sign shall be exempt from the annual time limitations identified in subsections 5.04.05 A.3.a. and 5.04.06 C.1.a.ii. 3. "Coming Soon Signs."A onetime non-renewable temporary use permit may be granted,for a coming soon sign located within a non-residential zoning district, subject to the following: a. As applied in this section, a coming soon sign is defined as a ground sign used to inform the public of the intended opening of a new business. b. A temporary use permit for a sign shall not be issued until the applicant has applied for a building permit for the principal structure. c. The temporary use permit number shall be placed at the base of the sign not less than 1/2 inch from the bottom. d. The sign shall not be displayed for a period more than 6 months from the issuance of the temporary use permit or until the issuance of a permit for the permanent sign, whichever occurs first.The non-refundable fee for this temporary use permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division. 4. Temporary business identification signs.A temporary use permit allowing for the temporary placement of a sign solely for the purpose of displaying a business name for an existing business undergoing a permitted renovation, remodel, or repair that would require the temporary removal of an existing legally conforming sign. a. As applied in this section, the sign must be constructed of wood, plastic, or other similar material, may not be a banner sign, and is limited to 16 square feet. Supp.No.22 LDC5:30.2 SUPPLEMENTAL STANDARDS 5.04.06 B.4. 5.04.07 A. b. If placed in a shopping center or multiple occupancy building, the temporary sign for each business must be of similar color, lettering, and style. c. The sign may be affixed to the building or free-standing in front of the building so long as the sign does not obstruct or interfere with pedestrian or vehicular traffic, parking or fire lanes, or access to adjacent units. d. The sign may remain in place for no longer than 120 days, until construction has been completed, or a permanent sign is installed, whichever occurs first. 5. Temporary sign covers. A non-renewable temporary use permit is required to erect a temporary sign cover over an existing sign unless otherwise provided herein.Temporary signs shall be allowed subject to the restrictions imposed by this section. a. A sign cover made from white vinyl or canvas may be authorized for an existing ground or pole sign for 120 days, or when the permanent sign is installed, whichever occurs first, after which time the cover shall be removed, regardless of whether or not the sign face has been replaced. 6. Election and Referendum signs. Signs for elections and referendums shall be permitted subject to the following requirements: a. A bulk temporary permit shall be obtained prior to the erection, installation, placement, or display of signage before elections and referendums.The fee for the bulk permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division. b. The bulk permit number shall appear on every sign or on the pole supporting the sign. c. All signs for which the permit is issued shall be removed within 7 days after the event. Each sign not removed within the required time shall constitute a separate violation of this Code.The permittee will be subject to issuance of a citation for each violation from the Collier County Code Enforcement Board. d. Signs erected within residentially zoned or used property shall not exceed 4 square feet in area and 3 feet in height, and shall be located on-site and no closer than 5 feet to any property line. e. In all other zoning districts such signs shall not exceed a maximum sign area of 32 square feet and 8 feet in height, except when affixed to the surface of a building wall, and shall be located no closer than 10 feet to any property line.The quantity of such signs shall be limited to 1 sign for each lot or parcel per bulk permit issued. (Ord. No. 09-55, § 3.A; Ord. No. 10-23, § 3.GG; Ord. No. 20-44, § 3.H) 5.04.07 Annual Beach Events Permit A. The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit.The County Manager or designee, may grant the permit following review of an application for such permit.The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and Supp.No.22 LDC5:30.3 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.07 A. 5.04.07 B.1. exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F.S.§370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. B. For purposes of this section, a "beach event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: 1. The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or Supp.No.22 LDC5:30.4 SUPPLEMENTAL STANDARDS 5.04.07 B.2. 5.04.07 E.2. 2. The event involves the use of staging equipment, amplified music, or the use of other types . = of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) Is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) Is of a nature not commonly associated with the day-to-day use of the beach by the general public. C. Notice of scheduled events: 1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all beach events scheduled for the following month, in the form and content made a part of the annual beach events permit application. The notice shall indicate the date, time and duration of each event. 2. If a beach event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the county with a separate written notice at least 48-hours prior to such event. 3. All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season,to the Collier County Natural Resource Department as well. D. Event cancellations and postponements: 1. If a scheduled beach event is canceled or postponed,the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the county staff a minimum of four hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2. If a beach event is canceled or postponed, and no other beach events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of beach events authorized by the permit. E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations: 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.07(C). 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or beach raking or mechanical cleaning activity for any particular beach event shall Supp. No. 11 LDC5:31 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.07 E.2. 5.04.07 F.2. commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. 3. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable state permit. 4. Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.06 I. 5. Consistent with section 10.02.06, all materials placed on the beach for the purpose of conducting permitted beach events: 1)must be removed from the beach by no later than 9:30 p.m. of the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit. 6. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. 7. Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit;except that county staff may relocate a staging area as provided for in section 5.04.07, as part of its daily sea turtle monitoring. 8. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three inches shall be subject to the approval of the FDEP and Collier County. 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to the County Manager or designee. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties,except that the annual beach events permit may not be suspended or revoked: 1. Violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. 2. Violations which occur during sea turtle nesting season and are: a. Any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitoring; 2) failing to remove beach event materials from the Supp. No. 11 LDC5:32 SUPPLEMENTAL STANDARDS 5.04.07 F.2. 5.04.08 F. beach by 9:30 p.m.; 3)failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by section 5.04.06; are subject to the following penalties: First violation:$1,000.00 fine. Second violation:$2,500.00 fine. Third or more violation:$5,000.00 fine. b. Any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the county of a beach event; 2) failing to provide the county with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500.00 fine. (Ord. No. 05-27, § 3.CC; Ord. No. 09-55, § 3.B; Ord. No. 10-23, § 3.HH) 5.04.08 Film Permit A. Film Permit Required.A permit shall be required for the following activities taking place, in conjunction with commercial motion picture, film, television, video or still photography production: the use of set scenery, temporary structures or other apparatus, special effects, or closure of public streets or accessways. The LDC shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/ television filming as a permitted use. B. Procedural Requirements.The Administrative Code shall establish the application requirements and review procedures for a Film Permit. C. Insurance requirements.The applicant shall maintain in force at all times during the permit period, a comprehensive general liability policy with limits other than those described in the Administrative Code as determined by the risk management director upon a review of the particular circumstances involved. Said applicant shall provide to the County Manager or designee a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is named insured, and that Collier County be given 30 days'notice prior to the expiration or cancellation of the policy.Any additional insurance requirements for filming on private property will be at the discretion of the affected property owner. D. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the County Manager or designee. E. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land or facilities shall be in effect. F. Issuance of Permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the County Manager or designee, the permit may be issued. If the County Manager or designee determines that the use of public or private property could affect the public's use of the property, or have potential adverse Supp. No. 11 LDC5:33 COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.08 F. 5.05.01 A.2. impacts on surrounding properties,then the County Manager or designee may require that the permit application be scheduled for a public hearing before the Board of County Commissioners.The special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing. G. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. H. Costs for extraordinary services. The County shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not be limited to, charges for personnel and/or equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The County may require prepayment of all or a portion of these estimated costs prior to issuance of the permit.At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the County or paid by the applicant, respectively. Surety bond.A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or designee to provide for cleanup and/or restoration of the subject site(s). (Ord. No. 13-56, § 3.Q) 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES The specific land uses listed in this section are subject to supplemental site design and land development standards. Supplemental standards apply in addition to the site design and land development standards of the zoning district in which the land use is located. 5.05.01 Businesses Serving Alcoholic Beverages A. Sale of alcoholic beverages. The County Manager or designee, may authorize the sale of alcoholic beverages for consumption on-site, subject to compliance with all zoning restrictions and the following locational criteria: 1. No such use shall be located within 500 feet of any established elementary, middle, or high school,child care center, public library,church, public park,or public playground.This does not include beach access points.The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park, or public playground is located and the lot on which the alcoholic beverages are to be sold,except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existing Supp. No. 11 LDC5:34 SUPPLEMENTAL STANDARDS 5.05.01 A.2. 5.05.01 A.6. establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 3. The erection of any school, child care center, public library, church, public park, or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on-site shall not cause such establishment to become nonconforming. 4. The County Manager or designee approval for the sale of alcoholic beverages for consump- tion on-site, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void: a. In the case of an existing structure, zoning approval shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this section, operation shall be defined as the sale of alcoholic beverages in the normal course of business. b. In the case of a new structure,zoning approval shall expire one(1)year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the County Manager or designee may grant one (1) extension for up to six (6) months. 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10 and the Administrative Code. 6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consump- tion on-site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: a. The nature and type of natural or manmade boundary,structure,or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of- way. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground. c. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. Supp. No. 11 LDC5:35 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.01 A.6. 5.05.02 C.1. d. The Administrative Code shall establish the submittal requirements and procedures ...►. for the waiver of distance requirements. 7. The following uses shall be exempt from the requirements of section 5.05.01. a. Any restaurant deriving at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages. b. Any motel and/or hotel with 100 or more guestrooms. c. Any private club, golf club, country club, or civic or fraternal club may serve alcoholic beverages for consumption on-site when such service is incidental to the main use and for the exclusive use of the members, tenants, and/or guests of the facility. 8. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord. No. 13-56, § 3.R) 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer will submit a"Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on-water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). Supp. No. 11 LDC5:36 SUPPLEMENTAL STANDARDS 5.05.02 C.2. 5.05.02 E. 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four(4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area;there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria Water Depth Native Marine Habitat Manatee Use (Measured at MLW) 4 ft. or more Less than 4 ft. No Impact' Impact Not High High Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X 'For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a Supp. No. 11 LDC5:37 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.02 E. 5.05.03 E.3. significant portion of the expected travel route of the boats using the proposed facility. In that case,the manatee criteria in the three(3)way test(see Table 5.05.02(C)(5))would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. (Ord. No. 05-27, § 3.FF) 5.05.03 Farm Labor Housing A. This section is intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing established under this section shall be used exclusively for that purpose and no other. It is intended that housing under this section shall be erected only in the rural agricultural district and only when such housing meets the requirements and procedures of this section. It is the intent of this section that housing for farm labor shall be in the nature of a planned development, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of the health, safety, and general welfare of the farm laborers and the general public. B. The following housing types are permitted as farm labor housing, either as principal buildings or accessory buildings: 1. Single-family dwellings. 2. Mobile homes. 3. Duplexes. 4. Multiple-family dwellings. 5. TTRVCs. C. In addition to uses and structures that are accessory and incidental to farm labor housing uses, the following specific accessory uses are permitted: 1. Caretakers' residences. 2. Child care centers. D. No construction for the housing of farm labor shall be erected until a SDP has been approved. E. Standards. 1. Farm labor housing shall be set back a minimum of 1,000 feet measured from the nearest point of construction to any state, federal, or County highway right-of-way line. 2. No on-site farm labor housing shall exceed in land area three(3)percent of the gross acreage of the agricultural operation, or ten (10) acres, whichever is less. Off-site farm labor housing for laborers shall have a land area of not less than one(1)acre nor more than ten (10) acres. 3. Streets shall be surfaced with a hard dustless material. Supp. No. 11 LDC5:38 4.At least 300 square feet shall be provided for each lot or dwelling unit for open space and recreation area. 5.Certification required by chapter 10D-25, F.A.C., as a migrant labor camp shall be required. 6.Table of Dimensional Standards. Single-family or Mobile Home Duplex or Multi-family Dormitory Housing Minimum lot area (sq. ft.) 4,000 43,560 43,560 Minimum lot width (ft.) 40 100 100 Minimum setbacks (ft.) Front yard Side yard Rear yard 10 5 10 20 20 20 20 20 20 Maximum building height (ft.) 30 30 30 Minimum floor area (sq. ft.) 500 500 500 5.05.04 Group Housing A.All group housing structures shall meet the following requirements specified for each type of structure. All proposals for group housing, except family care facilities, shall be processed with a SDP. B.A family care facility shall be treated as a single-dwelling unit for the purpose of determining applicable development standards and, therefore, shall conform to the standards identified for a single-family dwelling unit or mobile home in the zoning district assigned to the property, as well as other applicable standards found in this Code. However, a new family care facility shall not be located within a radius of 1,000 feet of another existing family care facility. C.Table of site design standards for category I and category II group care facilities: Category I and II Homeless Shelters Minimum habitable floor area (sq. ft.) 1,500 + 200 for each person over six 1,500 + 150 for each person over six Minimum lot area (sq. ft.) 6,000 + 1,500 for each person over six 6,000 + 400 for each person over six Parking spaces 2 per five beds (minimum of 2 spaces) Separation requirement from an existing group care facility in RMF-6, RMF-12, RMF-16, RT, and VR zoning districts Radius of 1,200 feet or more Separation requirement from an existing group care facility in A, estates, and RSF 1—6 zoning districts Radius of 500 feet or more Special setback requirements for property abutting residential zoning districts 20 feet from residential property line Special setback requirements for property abutting roadways 25 feet of a road right-of-way line 1 1 For properties located in the GGPOD, the front setback shall be in accordance with LDC section 4.02.26 B.1. D.All other care housing environments as defined in this Code, including, but not limited to,care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district. 1.The maximum floor area ratio shall not exceed 0.45. SUPPLEMENTAL STANDARDS 5.05.03 E.4.5.05.04 D.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:39Supp. No. 25 2.No structure shall be erected within twenty (20) feet of any abutting lot or parcel which is zoned residential, nor within twenty-five (25) feet of a road right-of-way, except for properties within the GGPOD, the front setback shall be in accordance with LDC section 4.02.26 B.1. 3.Parking spaces required: a.Independent living units. One (1) per dwelling unit. b.Assisted living units. 0.75 per assisted unit. c.Nursing care units. Two (2) parking spaces per five (5) beds. 4.The procedures for applications and review of proposed group care facilities are set forth in Chapter 10. E.Emergency Environmental Control Plans. In accordance with Rules 59A-36.025 and 59A-4.1265, F.A.C., as amended, Emergency Environmental Control Plans for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall be submitted as a supplement to its Comprehensive Emergency Management Plan, to the Bureau of Emergency Services - Emergency Management Division. 1.The Emergency Environmental Control Plans shall include the following information, in addition to the requirements identified in Rules 59A-36.025 and 59A-4.1265, F.A.C., as amended: a.Primary evacuation locations, either within or outside the county, and a secondary location outside of the county. b.Finished floor elevation of the first and second floors of all structures. c.Permanent emergency generator or alternate power sources.Assisted living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall install permanent emergency generators or an alternate power source to ensure ambient air temperatures will be maintained at or below 81 degrees Fahrenheit for a minimum of 96 hours in the event of the loss of primary electrical power. i.If a permanent emergency generator is used the following shall be required: a)Permanent emergency generator specifications. i)Permanent emergency generators and the associated fuel supply shall be sized to ensure compliance with §§ 59A- 36.025 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes. ii)Permanent emergency generators shall be installed, tested and maintained in accordance with NFPA 99 Health Care Facilities Code, and NFPA 110, Standard for Emergency and Standby Power Systems. b)Regular testing and inspections required. Permanent emergency generators shall be tested under load as required by §§ 59A-36.025 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.04 D.2.5.05.04 E.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:40Supp. No. 25 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes, and by manufacturer's specifications, and be inspected a minimum of once per year. Each facility shall keep a written statement on site attesting to the regular maintenance, third-party testing and inspection of the generator and fuel system by a service organization authorized by the manufacturer. ii.Submittal Requirements. a)Manufacturer's specifications of the permanent emergency genera- tor. b)Calculations demonstrating adequacy of fuel supply to comply with §§ 59A-36.025 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes. d.Backup connectivity. A power transfer switch or automatic transfer switch shall be installed to accommodate a secondary or back-up generator connection point in the event of failure for the permanent emergency generator or alternate power source. 2.Emergency Environmental Control Plans shall be reviewed and approved by the Bureau of Emergency Services - Emergency Management Division. 3.The Plan shall be resubmitted to the County annually from the date of original submittal, or at the time of a change of ownership of the facility, or after a modification to a previously approved Plan. 4.Notification of Plan submittal shall be in accordance with Rules 59A-36.025 and 59A-4.1265, F.A.C., as amended. (Ord. No. 18-32, § 3.D; Ord. No. 21-14, § 3.H; Ord. No. 22-04, § 3.F) 5.05.05 Facilities with Fuel Pumps A.The purpose of this section is to ensure that facilities with fuel pumps do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with facilities with fuel pumps, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses.Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of facilities with fuel pumps. B.Site design requirements. 1.Table of site design requirements: Minimum dimensions:Site Standards Minimum lot area (sq. ft.)30,000 Minimum lot width (ft.)150 Minimum lot depth (ft.)180 Separation from adjacent facilities with fuel pumps (ft.) (based on distance between nearest points) 500 SUPPLEMENTAL STANDARDS 5.05.04 E.1.5.05.05 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:40.1Supp. No. 25 Minimum dimensions:Site Standards Minimum setbacks, all structures: Front yard (ft.) Side yard (ft.) Rear yard (ft.) 50 40 40 2.Waiver of separation requirements. a.The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of a facility with fuel pumps is separated from another facility with fuel pumps by natural or man-made boundar- ies,structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i.Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary,structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.05 B.1.5.05.05 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:40.2Supp. No. 25 SUPPLEMENTAL STANDARDS 5.05.05 B.2. 5.05.05 C.1. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. b. The Administrative Code shall establish the submittal requirements for a facility with fuel pumps waiver request. The request for a facility with fuel pumps waiver shall be based on the submittal of the required application,a site plan,and a written market study analysis which justifies a need for the additional facility with fuel pumps in the desired location. c. Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the facility with fuel pumps with the surrounding area and the goals and objectives of the GMP. C. Building architecture, site design, lighting, and signage requirements. 1. Building architecture shall meet the requirements of LDC section 5.05.08 in addition to the following requirements: a. All structures on-site shall be of a consistent design and color scheme. b. Canopy standards: i. Columns must be at least eighteen (18) inches wide on all sides. ii. Under-canopy lights must be fully recessed. iii. Canopies must not be higher than sixteen (16) feet clear. iv. Canopy standards. a) Canopy roofs shall be consistent with the architectural design and features of the principal structure. b) The eave fascia of the canopy shall be of one (1) color, consistent with the predominant color and scheme of the principal structure. Color accent banding on canopy structures is permitted through the Deviations and Alternative Compliance process established in LDC section 5.05.08. Supp. No. 14 LDC5:41 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.05 C.1. 5.05.05 C.4. c) One of the following shall be applied to the canopy roof or eave fascia: i) Canopy roofs shall provide a slope ratio of 4:12 or higher.A minimum of two roof-edge or parapet line changes are required and shall create three distinct sections. One roof edge or parapet line change shall be provided for every 75 linear feet of the canopy length. Each change shall be a minimum of 20 percent of the canopy length. ii) The eave fascia shall have a projection or recess with a minimum depth of three feet, and a minimum total width of 20 percent of the eave fascia length.One change is required for every 75 linear feet of the canopy length. v. See canopy signage standards in LDC section 5.05.05 C.4, below. 2. Site design standards. a. A dumpster enclosure shall be provided as established in LDC section 5.03.04 and integrated with the design and color scheme of the facility with fuel pumps. b. Trash receptacle(s)shall be provided at a convenient location on-site to facilitate litter control. c. All restrooms and ATMs shall be located inside the principal structure. 3. Lighting standards. a. All light fixtures shall be directed away from neighboring properties. b. On-site light fixtures shall not exceed a height greater than twenty (20) feet above finished grade. c. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of 5 foot-candles. d. All light fixtures shall be full cutoff with flat lenses. e. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. f. Under-canopy luminance shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 4. Signage for facilities with fuel pumps.The following are the only signs allowed in facilities with fuel pumps and convenience stores with fuel pumps. a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. Supp. No. 14 LDC5:42 SUPPLEMENTAL STANDARDS 5.05.05 C.4. 5.05.05 C.4. b. An illuminated corporate logo with a maximum area of twelve(12)square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise accent lighting and back lighting are prohibited on canopy structures.Color accent banding on canopies may be approved as established in LDC section 5.05.05 C.1.b.iv.(b), above. c. One (1) ground or pole sign that advertises the retail price of fuel in accordance with Section 553.79(22)(a)2., F.S.shall be permitted for each site.However, a maximum of two (2) ground signs,two (2) pole signs or one (1) ground and one (1) pole sign shall be permitted for corner lots.The maximum sign copy area is sixty (60) square feet. The sign must maintain a minimum setback of ten (10) feet from any property line or road right-of-way.A minimum of a two-hundred-square-foot landscaped area shall be provided around the base of the sign.The sign structure shall be consistent with the color scheme and architectural design of the principal structure.The maximum height established below shall be measured from the average elevation of the vehicle use area to the uppermost portion of the sign structure. i. One (1) fuel pricing ground or pole sign will be permitted on a frontage of a parcel that abuts an arterial or collector road right-of-way. The maximum height is limited to twelve(12)feet.An electronic fuel pricing sign may be part of the sign area, subject to the standards in 5.05.05 C.4.c.iii. ii. One fuel pricing ground sign will be permitted on a frontage of a parcel that abuts a road right-of-way other than an arterial or collector road right-of-way. The maximum height is limited to eight(8)feet.An electronic fuel pricing sign is prohibited as part of the sign. iii. If an electronic fuel pricing sign is used as allowed in section 5.05.05 C.4.c.i., each of the following apply: a) The electronic fuel pricing sign is limited to fuel prices only. b) Changes to the electronic fuel pricing sign shall occur instantaneously. The electronic fuel pricing sign shall remain static without scroll,fade, flash, zoom, sparkle, color change, or any illusion of movement. c) Such signs shall be constructed with a photocell to compensate for all conditions, day or nighttime hours, and shall adjust the displays brightness to a level that is not in excess of 0.3 foot-candles above ambient light levels, as measured from the most restrictive of the nearest abutting property line or a distance equal to the square root of [the electronic fuel pricing sign copy area multiplied by 100]. d) Exposed lamps, bulbs, or LEDs that are not covered by a lens, filter, or sunscreen are prohibited. e) Electronic fuel pricing signs will be allowed on directory signs only through a variance, PUD deviation, or SRA deviation. d. Signage is prohibited above fuel pumps. Supp.No.20 LDC5:43 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.05 C.S. 5.05.05 D.3. ... 5. Should any of the foregoing standards, or any other requirement of the Land Development Code, conflict with Section 553.79(22), Florida Statutes, as amended from time-to-time, then Section 553.79(22), Florida Statutes shall control, and the County Manager or designee, in consultation with the County Attorney, will conform the proposed development order in a manner which both satisfies the statutory requirements while best implementing the intent of the Land Development Code.This provision shall apply to both facilities with fuel pumps as well as any other business that falls within the parameters of Section 553.79(22), Florida Statutes. D. Supplemental standards for facilities with fuel pumps within 250 feet of residential property. Facilities with fuel pumps shall be subject to the following standards when located within two hundred fifty(250)feet of residentially zoned or residentially developed properties, hereinafter referred to as "residential property," as measured from the property line of the facility with fuel pumps to the residential property line. However, a facility with fuel pumps shall be exempt from LDC section 5.05.05 D when it is separated from residential property by a minimum of one hundred (100) feet of designated preserve area that is eighty (80) percent opaque and at least twelve (12) feet in height within one year, or a minimum 4-lane arterial or collector right-of-way. 1. Setbacks.All structures shall provide a minimum fifty-foot front, side, and rear yard setback from residential property line(s). 2. Landscaping and masonry wall standards. a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall.The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure.The masonry wall shall be located on top of a berm.The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1.The berm shall be planted with ground cover. b. Landscaping shall be required on both sides of the masonry wall.On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four(4)feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10)feet in height at planting are required.On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30)feet on center, and twelve (12)feet in height at planting are required.A hedgerow consisting of#10 shrubs, spaced three (3) feet on center, and four(4)feet high at planting and five (5)feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. 3. Music, amplified sound, and delivery time standards. a. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b. Music and amplified sound shall not be audible from the residential property line. Supp.No.20 LDC5:44 SUPPLEMENTAL STANDARDS 5.05.05 D.3. 5.05.05 E.1. c. Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. 4. Lighting standards. a. On-site lighting. All light fixtures shall be directed away from neighboring properties. ii. On-site light fixtures within fifty (50) feet of residential property shall not exceed a height greater than fifteen (15) feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than twenty (20) feet above finished grade. iii. All light fixtures shall be full cutoff with flat lenses. iv. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of five (5) foot-candles. v. Illumination shall not exceed: a) 0.5 foot-candles at all residential property lines; and b) 0.2 foot-candles at ten (10) feet beyond all residential property lines. b. Under-canopy lighting. i. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. ii. Under canopy luminance shall be between a minimum average of 5 foot-candles and a maximum average of twenty (20) foot-candles. 5. Dumpster enclosures.At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. 6. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations abutting residential zoning districts. E. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right-of-way buffer landscaping: a. Landscaping adjacent to rights-of-way external to the development project shall be �-- located within a landscape buffer easement which is a minimum of twenty-five (25) Supp.No.20 LDC5:45 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.05 E.1. 5.05.05 E.2. feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer.The berm shall be constructed and maintained at a minimum average height of three (3)feet.The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. c. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster.The use of palms within the right-of-way buffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp.and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty-five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation.Trees shall have a minimum of a three and one-half (31/2) inch caliper at twelve (12) inches above the ground and a six (6) foot spread.At installation, shrubs shall be a minimum of ten (10) gallons, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 2. Landscaping adjacent to all other property lines: a. Landscaping adjacent to all other property lines shall comply with the requirements in LDC section 4.06.02. b. Curbing shall be installed and constructed, consistent with minimum code require- ments, between all paved areas and landscape areas. Supp.No.20 LDC5:46 SUPPLEMENTAL STANDARDS 5.05.05 E.2. 5.05.05 J.1. ILLUSTRATION 'I ,t 4,4 ,!4 ,__, ,,..,,,,,,, ei.'-4-Z':0-",,,,,,,,.,,,,.' :a.' tr.. T TREE ITYPI ,(°�? 'GL, tBUILDING 19fr L 1 1 ■M' lid I k`i --PALM ITYP.) r o�d.l 1 2S'WDE CANOPY `r BUFFER wl, o =" c o I / 3:1 BERM C4 3'HT. c-If(1 DOUBLE ROW'e 20' MAXI 10' MIN r /,( DISTANCE BETWEEN TREES ) o FROM U- EDGE OF 1 , '1 l\ 20'MAX `\4' PAVEMENT DISTANCE BETWEEN ` CLUSTERS 70' MAX ,°e .. `,11- SPACING ,A e a ,kyE. ] BETWEEN ' ., ' -i 11'11/4 PALMS BUFFER >4: ' '✓ Z I.a. ; 1 *t_i___ , V 20' R.O.W. SHRUB& MAX GROUND SPACING COVER BETWEEN EDGE TREES MIN. 5 PALMS PER CLUSTER AT PAVEMENT ENTRANCES PREPARED BY:OFFICE OF GRAPHICS AND TECHN';CAL SUPPORT COMMUNITY DEVELOPMENT AND ENVIRONMENTAI.SERVICES DIVISION DATE 6,2006 FAE.LOC-2006-2.DWG Illustration 1. Facilities with Fuel Pumps R.O.W. Landscape Requirements F. Storage tanks shall be located below grade. G. There shall be no outside displays of products, stacking of tires, or other merchandise. H. No facility with fuel pumps shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. I. Each facility with fuel pumps shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies. J. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: �-- 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. Supp.No.20 LDC5:46.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.05 J.2. 5.05.05 K.1. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for customers. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at a facility with fuel pumps do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations.A facility with fuel pumps is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the facility with fuel pumps or if the vehicles have been towed by the facility with fuel pumps and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six(6)feet high.Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use.This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. K. Exceptions: 1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not apply to, nor render non-conforming, any existing facility with fuel pumps or any facility with fuel pumps within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. Supp.No.20 LDC5:46.2 SUPPLEMENTAL STANDARDS 5.05.05 K.2. 5.05.08 A.2. 2. The site design standards set forth in LDC section 5.05.05 C. - J. or any other applicable development standard shall apply to existing facilities with fuel pumps pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. (Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.JJ; Ord. No. 13-56, § 3.S; Ord. No. 15-46, § 2.B; Ord. No. 19-35, § 3.C) 5.05.06 Private Airports A. The applicant must control the airspace within 700 feet from the ends of the primary surface(s).The control is to prevent any airport hazards from being grown,erected, or otherwise placed within a glide path of twenty (20) to one (1) from the ends of the primary surface.This control may be created by ownership, right-of-way, easement, or a combination thereof. B. The setback for the primary surface shall be 200 feet. C. Other structures must conform with setbacks of the underlying district; however, they may not be placed within fifty (50) feet of the primary surface. 5.05.07 Townhouse Development A. Table of site design standards: Site Standards Minimum lot area (sq.ft.) 2,500 per dwelling unit Minimum lot width (ft.) 30 Minimum setbacks: Front yard - front entry garage 20 Front yard - side entry garage 10 Side yard A Rear yard - principal structures 20 Rear yard - accessory structures 10 A = Zero (0) lot line; otherwise ten (10) feet for principal structures, or one-half (1/2) the height of the sum of the walls facing one another, whichever is greater. 5.05.08 Architectural and Site Design Standards A. Purpose and Intent. 1. The purpose of these standards is to supplement existing development criteria in order to complement, enhance and enrich the urban fabric of Collier County with an abundant variety of architecture.The development of a positive, progressive and attractive community image and sense of place is vital to the economic health and vitality of Collier County. 2. Among the recurring details that are present in the architecture of Collier County include, but are not limited to, the following: a. Elements of Mediterranean design employing sloped barrel tile roofs, arcades and stucco; b. Old Florida design with wide verandas, metal roofs and lap siding; c. Modern International; and Supp.No.20 LDC5:46.3 SUPPLEMENTAL STANDARDS 5.05.08 A.2. 5.05.08 B.2. d. Various traditional historic references to Colonial, Bermuda and Island forms. 3. Building design contributes to the uniqueness of the project area and the Collier County community with predominant materials, design features, color range and spatial relationships tailored specifically to the site and its context. 4. While architectural embellishments are not discouraged, emphasis on scale, massing, form- function relationships, and relationship of the building or buildings to the site and surrounding context is strongly encouraged.Recognition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the building is strongly discouraged. 5. These standards and guidelines are intended to result in a comprehensive plan for building design and site development consistent with the goals, policies and objectives of the Collier County Growth Management Plan ("GMP") and the purpose and intent of the Land Develop- ment Code ("LDC").These regulations are intended to promote the use of crime prevention through site design principals, including visibility-site lines for law enforcement as well as the general public. Additionally, the use of glazing materials and designs which reduces bird collisions is encouraged. 6. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community, all buildings must have architectural features and patterns that provide visual interest from the perspective of the pedestrian, reduce building mass,recognize local character, and respond to site conditions. Façades must be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls. Façades must provide, through the use of detail and scale, visual interest that is consistent with the community's identity and character. Articulation is accomplished by varying the building's mass, in height and width, so that it appears to be divided into distinct elements and details. B. Applicability.The provisions of LDC section 5.05.08 shall apply to the zoning districts, locations, and to existing buildings as established below. 1. Buildings and projects within the following zoning districts: a. Commercial zoning districts and commercial components of PUD zoning districts. b. Non-residential PUD zoning districts and non-residential components of any PUD district. c. Business park zoning districts. 2. Non-residential buildings and projects when at least one of the following conditions exists.For the purposes of this section.arterial and collector roads are identified in the Traffic Circulation Element of the GMP. a. The project site is located within 300 feet of an arterial or collector road, including all rights-of-way, and is located in a non-industrial zoning district. However, a proposed project site located within 150 to 300 feet of an arterial or collector road,including all rights-of-way,shall be required to comply with LDC sections 5.05.08 D.4., D.10., D.13., D.15., E, and F.Compliance shall be limited to the building façades facing the arterial or collector road. Supp.No.15 LDC5:47 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 B.2. 5.05.08 B.4. `—' b. The project site is located on an arterial road and is located in an industrial zoning district. c. Where a proposed building's footprint would be located within 300 feet of the boundary of a residentially zoned district. i. However, where a proposed building's footprint would be located within 150 to 300 feet,the building shall be required to comply with LDC sections 5.05.08 D.4., D.10., D.13., D.15., E, and F.Compliance shall be limited to the building facades facing the residential district. 3. Alterations to an existing building,including applicable additions of a building or site,which is subject to LDC section 5.05.08 B.1 or B.2 above shall comply with this section as described in the following sections.For the purposes of this section,an alteration shall be any change to the elements subject to LDC section 5.05.08. Interior renovations to an existing building that do not affect the external appearance of the building are excluded. a. Any addition or renovation of an existing building or project, including vehicular use areas,that will result in a change to the exterior of the building or site such that in the case of: i. Where façade improvements result in a change to more than 75 percent of the façade area,the entire façade shall comply with the standards of LDC section .` 5.05.08. ii. Where an addition or renovation to,or redevelopment of,an existing building or project, exceeds 50 percent of the square footage of the gross area of the existing structures, the existing building(s)and the site improvements must comply with the standards of LDC section 5.05.08. b. Nonconforming buildings approved for use and occupancy prior to November 10, 2004 shall not be enlarged or altered in a way which increases the nonconformity.All alterations or façade improvements to nonconforming buildings shall be consistent with LDC section 5.05.08 and shall be reviewed for compliance by the County Manager or designee;however, unaltered portions of the nonconforming building will not be required to comply. c. Upon repainting the exterior of an existing building or fence, the exterior building colors shall comply with the standards identified in LDC section 5.05.08 D.13.b. 4. Exceptions. a. A historic site, structure, building, district, or property that is designated historic by the Board of County Commissioners pursuant to LDC section 2.03.07 E or is desig- nated historic by the State of Florida or the Federal Government. b. The Rural Agricultural (A)zoning district in the non-coastal urban designated area as `W. established in the Future Land Use Map. Supp.No.15 LDC5:48 SUPPLEMENTAL STANDARDS 5.05.08 B.4. 5.05.08 D.2. c. Façades facing an interior courtyard provided the façades are not visible from any public property (e.g.street, right-of-way, sidewalk, alley), interior drive, parking lot, or adjacent private property. d. The following shall be exempt from the standards of LDC section 5.05.08, but shall comply with the exterior building color standards identified in LDC section 5.05.08 D.13.b. Routine repairs and maintenance of an existing building. ii. Public utility ancillary systems provided that a building shall not have any wall planes exceeding 35 feet in length, excluding storage tanks, or have an actual building height greater than eighteen (18) feet, excluding storage tanks and communications equipment. See LDC section 4.06.05 B.4 for screening requirements of fences and walls surrounding public utility ancil- lary systems. C. Submittal requirements. An applicant shall submit architectural drawings according to LDC section 10.02.03 and the Administrative Code Chapter 4.A.to comply with LDC section 5.05.08.Architectural drawings must be signed and sealed by a licensed Architect who is responsible for preparing the drawings, and who is registered in the state of Florida as set forth in F.S.Chapter 481. D. Building design standards. 1. Building façades.The following standards apply to all buildings that are subject to LDC section 5.05.08, except as noted. a. All façades of a building must be designed with consistent architectural style, detail and trim features. b. For additional design standards, see LDC section 5.05.08 D.9., Additional standards for outparcels and freestanding buildings within a PUD or unified plan of develop- ment. c. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features to emphasize their location as gateways and transition points within the community. 2. Primary façade standards. a. Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. b. Design features.The design of primary façades must include, at a minimum, two of the following design features. However, a minimum of one of the following design Supp.No.15 LDC5:49 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 D.2. 5.05.08 D.2. features is required for buildings less than 5,000 square feet. For mixed use devel- opment projects within C-1 through C-3 zoning districts,see LDC section 4.02.38 I.1.d for additional options. Glazing covering a minimum of 25 percent of the primary facade area, consisting of window and/or glazed door openings. a) Alternative.Trellis or latticework on the primary facade used as a support for climbing plants may count for up to 50 percent of the window area on primary facades. The planting area shall be an irrigated bed 3 feet in depth and a minimum width equal to the width of the trellis with 3 gallon vines at 3 feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. ii. Projected or recessed covered entrance providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet.In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. iii. Covered entrance with a minimum horizontal dimension of 16 feet and a minimum area of 200 square feet.In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door open- ings. iv. Covered walkway, or arcade (excluding canvas type) constructed with col- umns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building.The structure must be permanent and its design must relate to the principal structure.The minimum width must be eight feet, with a total length measuring 40 percent of the length of the associated facade. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. v. Awnings located over doors, windows, or other ornamental design features projecting a minimum of 2 feet from the facade wall and a width totaling a minimum of 40 percent of the facade length. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. vi. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. vii. A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. viii. Trellis or latticework covering a minimum of 15 percent of the primary facade and used as a support for climbing plants. The planting area shall be an irrigated bed 3 feet in depth and a minimum width of the trellis with 3 gallon Supp.No.15 LDC5:50 SUPPLEMENTAL STANDARDS 5.05.08 D.2. 5.05.08 D.3. vines at 3 feet on center at time of installation and climbing plants shall achieve 80 percent opacity on the trellis within one year.This provision shall not be utilized with the alternative design feature identified in LDC section 5.05.08 D.2.b.i.a). ix. Entry plaza to the building with a minimum 200 square feet in area that includes seating.In addition, a minimum of 15 percent of the primary façade area must be devoted to window and/or glazed door openings. x. Elevated entry a minimum of 16 inches in elevation above the primary finished floor of the building bordering or connected to the building facade and a minimum of 400 square feet in area.The area calculation may include interior and exterior spaces of raised surface with not more than 50 percent of interior area.In addition,a minimum of 15 percent of the primary façade area must be devoted to window and/or glazed door openings. xi. Entry courtyard contiguous with the building entry and connected to the primary facade consisting of a defined space with a minimum area of 650 square feet.The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum 4 foot wall(s).In addition,a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. 3. Facade/wall height transition elements. a. Purpose.The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. b. Applicability.Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet,as measured from the edge of the proposed building. c. Design standards. Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten feet above the existing grade. ii. Transitional massing elements must be incorporated for a minimum of 60%of the length of the facade, which is in part or whole within the 150 feet of an existing building. iii. Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the building size,and must meet the following requirements: a) For buildings 40,000 square feet or larger in gross building area, projections and recesses must have a minimum depth of ten feet. Supp.No.15 LDC5:51 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 D.3. 5.05.08 D.4. b) For buildings between 20,000 and 39,999 square feet in gross building area,projections and recesses must have a minimum depth of eight feet. c) For buildings between 10,000 and 19,999 square feet in gross building area,projections and recesses must have a minimum depth of six feet. d) For buildings up to 9,999 square feet in gross building area, projec- tions and recesses must have a minimum depth of four feet. 4. Variation in massing.A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged.All facades,excluding courtyard area,shall be designed to employ the design treatments listed below. a. Projections and recesses. For buildings 40,000 square feet or larger in floor area,a maximum length,or uninterrupted curve of any facade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within the 150 linear feet limitation. ii. For buildings between 20,000 and 39,999 square feet in floor area, a maximum length, or uninterrupted curve of any facade, at any point, must be 125 linear feet.Projections and recesses must have a minimum depth of six feet within the 125 linear feet limitation. iii. For buildings between 10,000 and 19,999 square feet in floor area, a maximum length, or uninterrupted curve of any facade, at any point, must be 100 linear feet.Projections and recesses must have a minimum depth of four feet within the 100 linear feet limitation. iv. For buildings between 5,000 and 9,999 square feet in floor area,a maximum length, or uninterrupted curve of any facade, at any point, must be 75 linear feet.Projections and recesses must have a minimum depth of two feet within the 75 linear feet limitation. v. For buildings less than 5,000 square feet in floor area,a maximum length,or uninterrupted curve of any facade, at any point, must be 50 linear feet. Projections and recesses must have a minimum depth of 1.5 feet, and a minimum total width of 20 percent of the facade length. Supp.No.15 LDC5:52 SUPPLEMENTAL STANDARDS 5.05.08 D.4. 5.05.08 D.4. *4< II rt.''NI** I Illustration 5.05.08 D.4.a. -Measurement of projections and recesses b. Wall plane changes. i. Buildings subject to the projections or recesses depths required by LDC section 5.05.08.D.4.a must not have a single wall plane exceeding 60 percent of each façade. ii. If a building has a projection or recess of 40 feet or more,each is considered a separate façade, and must meet the requirements for wall plane changes in LDC section 5.05.08 D.4.b.i. Supp.No.15 LDC5:53 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 D.4. 5.05.08 D.S. svx . _- Illustration 5.05.08 D.4.b. -Wall plane percentages 5. Building design treatments.The following design treatments must be an integral part of the building's design and integrated into the overall architectural style.These treatments must not consist solely of applied graphics or paint.Each building facade must have at least four of the following building design treatments. However, a minimum of two of the following design treatments are required for buildings less than 5,000 square feet: a. Canopies, porticos, or porte-cocheres, integrated with the building's massing and style, b. Overhangs, minimum of three feet, c. Colonnades or arcades, a minimum of eight feet clear in width, d. Sculptured artwork, e. Cornice minimum two feet high with 12 inch projection, f. Peaked or curved roof forms, g. Arches with a minimum 12-inch recess depth, h. Display windows, Ornamental and structural architectural details, other than cornices, which are inte- grated into the building structure and overall design, j. Clock or bell tower, or other such roof treatment (i.e. dormers, belvederes, and cupolas), Supp.No.15 LDC5:54 SUPPLEMENTAL STANDARDS 5.05.08 D.5. 5.05.08 D.6. k. Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, I. Emphasized building base, minimum of three feet high, with a minimum projection from the wall of two inches, m. Additional roof articulation above the minimum standards, n. Curved walls, o. Columns, p. Pilasters, or q. Metal or tile roof material. r. Expressed or exposed structural elements. s. Additional glazing at a minimum of 15 percent beyond the code minimum requirement. t. Solar shading devices(excluding awnings)that extend a minimum of 50 percent of the length of the building façade. u. Translucent glazing at a minimum of 10 percent beyond the code minimum glazing requirement. v. Glass block at a minimum of 10 percent beyond the code minimum glazing require- ment. w. Where the optional design feature in LDC section 5.05.08 D.2.b.i is chosen and 85 percent of all exterior glazing within the first three stories of the building have any of the following: i. Low reflectance, opaque glazing materials (may include spandrel glass with less than 15 percent reflectance); ii. Glass with visual patterns consisting of opaque points or patterns etched into or applied to the exterior or interior surfaces with frit, frost, or film for single pane or insulated glass. A maximum of 2 inch spacing between horizontal elements and a maximum of 4 inch spacing between vertical elements,with a minimum line or dot diameter thickness of 1/8 inch; iii. Glass with continuous etch or continuous frit on interior surface, single pane, or insulated glass;or iv. External screens. 6. Blank wall areas on buildings with primary façades. Blank, opaque wall areas must not exceed 10 feet in the vertical direction or 20 feet in the horizontal direction of any primary façade. Façades connected to a primary façade shall be a minimum of 33 percent of the attached façades.Control and expansion joints are considered blank wall area unless used as Supp.No.15 LDC5:55 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 D.6. 5.05.08 D.9. a decorative pattern and spaced at intervals 120 square feet per panel or less.The relief and reveal work must be a minimum depth of 1/2 inch,and a minimum width of 1 Y2 inch and may be of a color that contrasts with the color of the wall. 7. Window standards. a. False or applied windows are allowed but shall not be included in the glazing required for primary façades. b. Spandrel panels in curtain wall assemblies are allowed and shall be included in the minimum glazing required for primary façades. 8. Overhead doors.Adequate screening shall be provided for overhead doors located on primary fagades.The placement and length of the screening must block the view of the overhead doors from the street. a. Required screening.One of the following screening methods shall be provided: i. A screening wall,with a minimum height of 6 feet measured from the centerline of the adjacent roadway, or ii. A landscape buffer achieving 75 percent opacity within one year. b. Exception. Overhead doors utilizing framed transparent glass panels covering a minimum of 75 percent of the door area shall be allowed on primary façades without the screening required in LDC section 5.05.08 D.8.a., except when used on loading docks or receiving areas. c. Façades with overhead doors facing one another.Overhead doors facing one another may be treated as interior space, provided that: i. The buildings meet all other requirements of LDC section 5.05.08;and ii. The distance between the doors facing one another is no greater than 50 feet; and iii. The view of all overhead doors is properly screened from the street. 9. Additional standards for outparcels and freestanding buildings within a PUD or unified plan of development. See LDC section 2.03.06 G for additional design criteria in Residential Mixed Use Neighborhood Center PUDs. a. Purpose and intent.To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Façades standards.All façades must meet the requirements of LDC section 5.05.08 D.S. Building design treatments. i. Primary façades.All exterior façades of freestanding structures, including structures located on outparcels, are considered primary façades and Supp.No.15 LDC5:56 SUPPLEMENTAL STANDARDS 5.05.08 D.9. 5.05.08 D.10. must meet the requirements of this section with respect to the architectural design treatment for primary façades in LDC section 5.05.08 D.2.,except for those façades considered secondary façades. ii. Secondary façades.One facade of a freestanding structure,including struc- tures located on outparcels,that is internal to the site and that does not abut or face public or private streets adjacent to the development. Outparcels and freestanding buildings are allowed one secondary façade. c. Design standards.The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter-connection between abutting outparcels or freestanding sites and the primary structure. d. Primary façade standards.The following design feature is an additional option which can be used to meet the requirement in LDC section 5.05.08 D.2.b. Primary façade design features: i. Walls expanding the design features of the building,not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60 percent of the length of the associated farade.The courtyard may be gated and able to be secured from exterior public access.Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. 10. Roof treatments. a. Purpose and intent.Variations in rooflines are used to add interest and reduce massing of large buildings.Roof height and features must be in scale with the building's mass, and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high-quality material in order to enhance the appearance and attractiveness of the community.The following standards identify appropriate roof treatments and features. b. Roof edge and parapet treatment. i. When a building's largest floor is greater than 5,000 square feet in floor area a minimum of two roof-edge or parapet line changes are required for all primary façades. One such change must be located on primary façades. Thereafter,one additional roof change is required every 100 linear feet around the perimeter of the building. If a vertical change is used, each vertical change from the dominant roof condition must be a minimum of ten percent of building height, but no less than 3 feet. If a horizontal change is used, each horizontal change from the dominant roof condition must be a minimum of 20 �... percent of the façade length, but no less than 3 feet. Supp.No.15 LDC5:57 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 D.10. 5.05.08 D.11. ii. Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the façades that are less than 200 feet.One roof edge,or parapet line change must be provided for every 200 linear feet of the façade length. c. Roof design standards.Roofs must meet the following requirements: i. When parapets are used, the average height of such parapets must not exceed 20 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment.The height of parapets shall not,at any point,exceed one-third the height of the supporting wall. ii. When a flat roof is screened with a parapet wall or mansard roof at any façade, a parapet or mansard roof treatment must extend along the remaining fa- çades. iii. When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: a) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof. This includes:clearstory windows,cupolas,dormers,vertical changes, or additional complementary colors to the color of the roof. b) The color(s) of a sloped roof must complement the color(s) of the façades. d. Prohibited roof types and materials.The following roof types and roof materials are prohibited: Asphalt shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. ii. Mansard roofs and canopies, unless they meet the following standards: a) Minimum vertical distance of 8 feet is required for buildings larger than 20,000 square feet, b) Minimum vertical distance of 6 feet is required for buildings of up to 20,000 square feet of floor area, and c) The roof angle shall not be less than 25 degrees,and not greater than 70 degrees. iii. Awnings used as a mansard or canopy roofs. 11. Awning standards.These standards apply to those awnings associated with and attached to a building or structure. a. Mansard awnings, which are those awnings that span 90 percent, or more, of a façade length and those, which do not provide a connection between façades, must adhere to all roof standards of LDC section 5.05.08.D.10. Supp.No.15 LDC5:58 SUPPLEMENTAL STANDARDS 5.05.08 D.11. 5.05.08 D.12. b. All other awnings,which are awnings that constitute less than 90 percent of a façade length, and those that do not provide a connection between façades, must adhere to the following standards: The portion of the awning with graphics may be backlit, provided the illumi- nated portion of the awning with graphics does not exceed size limitations and the other sign standards of LDC sections 5.06.00, 9.03.00, and 9.04.00. ii. The location of awnings must relate to the window and door openings, or other ornamental design features. c. Automobile sales parking lot awnings.Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards: i. Shade awning structures must not be constructed within 75 feet of any public or private street. ii. Single shade awning structures must not exceed an area sufficient to provide cover to 20 automobiles or 3,240 square feet,whichever is greater. iii. The minimum separation between shade awning structures must be 100 feet. iv. Multi-colored shade awnings and the use of black or gray,florescent,primary and/or secondary colors are prohibited. Earth tone colors are encouraged. 12. Entryway/customer entrance treatment.Please see LDC section 5.05.08 F.1.for additional site design elements. a. Purpose and intent.Entryway design elements are intended to give protection from the sun and adverse weather conditions. These elements must be integrated into a comprehensive design style for the project. b. Single-tenant buildings and developments. Single-tenant buildings shall have clearly defined, highly visible, customer entrances.The customer entrance shall meet the following standards: i. An outdoor patio area must be provided adjacent to the customer entrance, with a minimum of 200 square feet in area.The patio area must incorporate the following: a) Benches or other seating components. b) Decorative landscape planters or wing walls which incorporate land- scaped areas, and c) Structural or vegetative shading. ii. Front entry must be set back from a drive or a parking area by a minimum distance of 10 feet. Supp.No.15 LDC5:59 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 D.12. 5.05.08 D.14. c. Multiple-tenant buildings and developments. Multiple-tenant buildings and devel- opments must meet the following standards: i. Anchor tenants must provide clearly defined, highly visible customer en- trances. ii. Shaded outdoor community space(s) must be provided at a minimum ratio of one percent of the total floor area of all on-site buildings.The community space(s) shall be a minimum area of 75 square feet and located off, or adjacent to, the main circulation path of the complex and must incorporate benches or other seating components, and iii. Front entries shall be set back from a drive or a parking area by a minimum of 10 feet. 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. i. The use of color materials or finish paint above level 8 saturation (chroma)or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a facade or the total roof area. ii. The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. iii. The use of florescent colors is prohibited. 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 metal panels, and ii. Smooth concrete block. 14. Barber poles.All traditional size(not more than 54 inches in height and not more than 6 inches in diameter)and style barber poles which contain any illuminated moving or rotating part may be permitted if the following and all other applicable requirements are met: a. The barber pole is attached to the exterior wall of an establishment providing the services of a licensed barber; b. Each such establishment(barbershop, salon, etc.) is limited to only one barber pole; c. No barber pole may move or rotate except when the establishment is open and providing the services of a licensed barber;and Supp.No.15 LDC5:60 SUPPLEMENTAL STANDARDS 5.05.08 D.14. 5.05.08 E.2. d. All barber poles that are illuminated, whether or not they rotate, require a building permit. 15. Neon tubing.The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. E. Design standards for specific building uses. 1. Standardized design buildings must meet the provisions of this Code. 2. Self-storage buildings.Self-storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions: a. Overhead doors. Overhead doors cannot be located on the primary façade of self-storage buildings. b. Screen walls.When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet,and designed to avoid monotony by use of architectural elements such as pillars. c. Window standards.If the window openings are into the storage units or corridors used to access the storage units,translucent material(e.g.,glass that lets light pass through but objects on the other side cannot be seen clearly) must be used. d. Single-story self-storage buildings. LDC section 5.05.08 D.2.b. Primary façade design features can be replaced with one of the following two options: i. Option 1. a) A minimum of 20 percent of the primary facade area must be glazed; and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight feet, or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the façade. ii. Option 2.If the project design incorporates a screen wall around the perimeter of the self-storage facility,the following standards apply: a) Architecturally treated, eight-foot high, screen wall is required to screen the facility, and b) The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope, and c) A landscape buffer at least 7 feet wide is required on each side of the wall. iii. In the case that none of the above options are met,then LDC section 5.05.08 D.2.b. Primary façade design features must be met. Supp.No.15 LDC5:61 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 E.2. 5.05.08 E.3. e. Multi-story self-storage buildings.The requirements of LDC section 5.05.08 D.2.b. Primary façade design features can be replaced with one of the following two options: i. Option 1. a) A minimum of 20 percent of the primary façade area must be glazed; and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight feet, or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the façade;and c) Requirements of LDC section 5.05.08 D.6.Blank wall area apply to all façades;and d) Foundation planting areas must be a minimum 15 percent of the ground level building area. ii. Option 2.If project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: a) Architecturally treated,eight feet high screen wall is required to screen the ground floor of the facility;and �.- b) Landscape buffer, minimum 7 feet wide is required on each side of the wall;and c) Primary facades above the ground level must include glazing, cov- ering at a minimum 20 percent of the facade area;and d) Requirements of LDC section 5.05.08 D.6 Blank wall area applies to all facades;and e) Foundation planting areas must be a minimum 15 percent of the ground level building area. iii. In the case that none of the above options are met,then LDC section 5.05.08 D.2.b. Primary façade design features must be met. 3. Mercantile. a. Applicability. All standards listed in LDC section 5.05.08 are applicable with the following exceptions and additions. b. Large retail structures. The purpose of this section is to break up the monolithic appearance of large retail structures and present a more human scale of architecture to the public street right-of-way view. Because these buildings house a variety of functions that can accommodate a variety of spatial types, they must be designed to express these functions in a manner that has the appearance of a group of buildings �- of varying scale and size. Supp.No.15 LDC5:62 SUPPLEMENTAL STANDARDS 5.05.08 E.3. 5.05.08 E.6. c. Windows and entrances.When more than two retailers with separate exterior customer entrances are located within the principal building, the following standards apply: i. The first floor of the primary façades must utilize transparent windows and doors for no less than 30 percent of the horizontal length of the building façade. ii. Primary building entrances must be clearly defined and connected with a sheltering element such as a roof canopy or arcade. 4. Facilities with fuel pumps. a. In addition to the requirements of LDC section 5.05.05 Facilities with fuel pumps,all standards established in this section are applicable. 5. Hotel/motel. a. Applicability.All standards of LDC section 5.05.08 are applicable with the following exceptions. b. Design features. LDC section 5.05.08 D.2.b. Primary facade design features can be replaced as follows: i. The design of the primary façades must include windows and other glazed openings covering at least 20 percent of the primary façade area,and one of the following design features: a) Projected, or recessed, covered public entry providing a minimum horizontal dimension of eight feet,and a minimum area of 100 square feet, or b) Covered walkway or arcade (excluding canvas type)that is attached to the building,or located no more than 12 feet from the building.The structure must be permanent and its design must relate to the principal structure.The minimum width shall be eight feet,with a total length measuring 60 percent of the length of the associated façade. ii. For buildings located 200 feet or more from the street right-of-way, the projected or recessed entry and covered walkway or arcade, required by the above LDC section 5.05.08 E.5.b.i., can be located on any façade. 6. Warehousing/distribution. a. Applicability.All standards listed in LDC section 5.05.08 are applicable except for the following. b. Primary façade standards.The requirements of LDC section 5.05.08 D.2.b.Primary façade design features are replaced with the following standards.Façades fronting on arterial or collector streets must have two or more of the following design features: Windows at a minimum of ten percent of the façade area. Supp.No.15 LDC5:63 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 E.6. 5.05.08 E.6. Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover. iii. Foundation planting consisting of trees and shrubs.The total length of the planting area must be a minimum of 25 percent of the facade length and be distributed along the facade to reduce the blank wall area.The depth of the planting area must be a minimum of ten feet.The plant material shall be as required by LDC section 4.06.05. iv. Masonry, concrete or tilt-up construction. v. Building height of 40 feet or less and the building street setback of 200 feet or more. c. Variation in massing. The requirements of LDC section 5.05.08 D.4. Variation in massing applies only to primary facades and to facades facing residential zoning districts when the building footprint is located within 300 feet of the residential property line. However, variation in massing only applies to facades facing residential zoning districts when the building footprint is located between 150 and 300 feet from the property line. d. Building design treatments.The requirements of LDC section 5.05.08 D.S.Building design treatments are modified as follows: i. Primary facades must include a minimum of two of the building design treatments listed under this section. e. Site design elements. The requirements of LDC section 5.05.08 F.1. Site design elements are modified to require, at a minimum, one of the four listed site design elements. f. Blank wall areas.The requirements of LDC section 5.05.08 D.6. Blank wall areas are replaced with the following standards: i. Blank wall areas.Blank,opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade or any facade facing a residential district. a) For façades connected to a primary facade, this must apply to a minimum of 25 percent of the attached facade measured from the connection point. b) Control and expansion joints within this area constitute blank wall area unless used as a decorative pattern and spaced at intervals of ten feet or less.Relief and reveal work depth must be a minimum of'h inch and may be different than the color of the wall. g. Roof treatments.The requirements of LDC section 5.05.08 D.10.Roof treatments are replaced with the following standards: i. If parapets are used,the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the facade, measured from the corner. Supp.No.15 LDC5:64 SUPPLEMENTAL STANDARDS 5.05.08 E.6. 5.05.08 E.7. ii. The façades facing arterial or collector road and façades facing residential district must have variations from the dominant roof condition.The roof edge and parapets must have a minimum of one vertical change for every 150 lineal feet of the façade length.The vertical change must be a minimum of ten percent of the building height, but no less than three feet. iii. All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens. h. Materials and colors.The requirements of LDC section 5.05.08 D.13. Materials and colors are applicable with exception of subsection 5.05.08 D.13.c. Exterior building materials, which is replaced with the following standards: i. Primary façades.The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the façade area. ii. Façades attached to a primary façade.The use of ribbed, corrugated, and reflective metal panels is limited to no more than 33 percent of the wall area for the 25 percent of the overall wall length of the façades attached to a primary façade, measured from the corners. Special Height Requirements.All buildings over 30 feet in height, measured from the first finished floor to the roof eave,that are located within 300 feet from the arterial or collector street right-of-way, must comply with LDC section 5.05.08 D.4.Variation in massing, and section 5.05.08 D.6. Blank wall areas on buildings with primary façades, on all building façades. 7. Industrial/factory buildings. a. Applicability. All standards listed in LDC section 5.05.08 are applicable with the following exceptions, modifications, and additions. However, the provisions contained in LDC section 5.05.08 E.7.b. through h. below shall not be applicable to industrial/ factory buildings located within the GGPOD. b. Primary facade standards.The requirements of LDC section 5.05.08 D.2.b. Primary façade design features are replaced with the following standards. Façades fronting on arterial streets must have two or more of the following design features: Windows at a minimum of 20 percent of the façade area. ii. Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover, and a minimum of 15 percent of the wall area devoted to windows. iii. The total length of the planting area must be at least 33 percent of the façade length and be distributed along the facade to reduce the blank wall area.The depth of the planting area must be a minimum of ten feet.The plant material must be as required by LDC section 4.06.05. Supp.No.23 LDC5:64.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 E.7. 5.05.08 E.7. iv. Masonry, concrete or tilt-up construction, and 15 percent of the wall area allocated to windows. v. Building height of 40 feet or less,with a building street setback of 200 feet or more. c. Variation in massing. The requirements of LDC section 5.05.08 D.4. Variation in massing applies only to the primary façades and to façades facing residential zoning districts when the building footprint is located within 300 feet of the residential property line. i. However, variation in massing only applies to façades facing residential zoning districts when the building footprint is located between 150 and 300 feet from the property line. d. Project standards. The requirements of LDC section 5.05.08 D.S.Building design treatments are modified to require industrial/factory buildings to provide, at the primary facades only, a minimum of two building design treatments listed under this section. ii. The requirements of LDC section 5.05.08 F.1. Site design elements are modified to require at least one of the listed site design elements. e. Blank wall areas.The requirements of LDC section 5.05.08 D.6. Blank wall areas are replaced with the following standards: Blank, opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary façade and any facade facing a residential district. a) For facades connected to a primary facade, the blank wall standards applies to a minimum of 25 percent of the attached facade, measured from the connection point. b) Control and expansion joints within the façade area constitute blank wall area unless used as a decorative pattern,and must be spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of Y inch and may be different than the color of the wall. f. Roof treatments.The requirements of LDC section 5.05.08 D.10. Roof treatments are replaced with the following standards: i. If parapets are used,the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the façade, measured from the corner. ii. Facades facing arterial or collector roads and facades facing residential districts must have vertical changes from the dominant roof condition. The Supp.No.23 LDC5:64.2 SUPPLEMENTAL STANDARDS 5.05.08 E.7. 5.05.08 E.7 roof edge and parapets must have a minimum of one vertical change for every 150 lineal feet of the façade length. The vertical change shall be a minimum of ten percent of the building height, but no less than three feet. Supp.No.23 LDC5:64.2.1 SUPPLEMENTAL STANDARDS 5.05.08 El. 5.05.08 E.8. iii. All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equip- ment screens. g. Materials and colors.The requirements of LDC section 5.05.08 D.13. Materials and colors are applicable with the exception of subsection 5.05.08 D.13.c. Exterior build- ing materials, which is replaced with the following standard: i. Primary facades.The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a primary facade. For 25 percent of the overall wall length of facades attached to a primary facade, measured from the corners, the use of ribbed,corrugated,and reflective metal panels is limited to no more than 33 percent of the wall area. h. Special height requirements.All buildings over 30 feet in height measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street right-of-way must comply with LDC sections 5.05.08 D.4.Variation in Massing, and 5.05.08 D.6.Blank wall areas on all building facades. 8. Parking structures.All standards listed in LDC section 5.05.08 are applicable unless otherwise specified below. a. Primary facades.The requirements of LDC section 5.05.08 D.2.b. Primary facade design features are replaced with the following standards: All exposed facades of any parking structure above the second floor are considered primary facades. ii. A minimum of 60 percent of the area of any primary facade of a parking structure or covered parking facility must incorporate at least two of the following: a) Transparent windows, with clear or lightly tinted glass. where pedes- trian oriented businesses are located along the facade of the parking structure, b) Display windows, c) Decorative grill work or similar detailing which provides texture and screens the parking structure openings, d) Art or architectural treatment such as sculpture, mosaic,glass block, opaque art glass, relief work or similar features, or e) Vertical trellis or plant material screening the openings. b. Building foundation planting.The perimeter of a parking structure at grade must meet the building foundation planting requirements of LDC section 4.06.05. Supp.No.15 LDC5:64.3 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 E.B. 5.05.08 F.1. C. Massing standards.The requirements of LDC section 5.05.08 D.4.Variation in massing are applicable, with the following exception: If the ramps and inclines are on an exposed facade and they exceed the maximum length or uninterrupted curve, a projection or recess must occur at the start and end but not required at the ramp/incline. d. Wall plane changes.The requirements of LDC section 5.05.08 D.4.b.are applicable with the following exception: i. If the ramps and inclines are on an exposed facade and they exceed the maximum horizontal length,a wall plane projection or recess must occur at the start and end but not required at the ramp/incline. e. Detail features.The facade area within 42 inches above each floor/deck shall not be open more than 50 percent, except at openings for vehicle or pedestrian access. 9. Outside play structures. a. Maximum coverage.Outside play structures must not cover more than 50 percent of the facade area. b. Location.No portion of any play structure,located between the front building line and any adjacent right-of-way, may exceed a height of 12 feet as measured from existing ground elevation. In all other cases, no portion of any play structure may exceed a maximum height of 16 feet as measured from existing ground elevation. c. Colors.Play structures must be limited to earth tone colors,with a maximum of three colors. F. 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 the Administrative Code and LDC section 10.02.03. 1. Site design elements. Please see LDC section 4.06.00 Landscaping, Buffering, and Vegeta- tion for landscaping standards and section 5.05.08 D.12. for entryway/customer entrance treatment requirements.All projects must have, at a minimum, one of the following: a. Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a minimum of 100 square feet; b. Integration of specialty pavers, tile, or stamped or decorative concrete along the building perimeter walkway.This treatment must constitute a minimum of 60 percent of walkway area; c. Two accent or specimen trees above the minimum landscape code requirements for every 100 feet of the front facade,and a minimum of two for the rest of the project,with a minimum height of 18 feet at planting;or d. Site sculptures and/or water features including fountains. Supp.No.15 LDC5:64.4 SUPPLEMENTAL STANDARDS 5.05.08 F.2. 5.05.08 F.3. 2. Off-street parking design.As provided for in LDC section 4.05.00, and subject to the following provisions: a. Purpose and intent. Commercial buildings and projects, including their outparcels shall be designed to provide safe,convenient,and efficient access for pedestrians and vehicles. Parking shall be designed in a consistent and coordinated manner for the entire site.The parking area shall be integrated and designed so as to enhance the visual appearance of the community. b. Design standards. Parking, utilizing the same degree of angle, shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation.A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site.The mixture of one-way and two-way parking aisles,or different degrees of angled parking within any parking area is prohibited, except as noted above, or where individual parking areas are physically separated from one another by a continuous landscape buffer,a minimum five feet in width with limited access.Landscape buffers for these locations shall use landscape material other than grass for separation of parking areas. i. Maximum parking.The following standard shall apply to projects that require a minimum of 80 parking spaces but that provide more than 120 percent of the required paved off-street surface parking: a) At least twenty percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas. ii. Parking for projects. Projects shall be designed to adhere to the following standards: a) Interior lots.No more than 80 percent of the off-street parking for the entire commercial building or project shall be located between any primary façade of the commercial building or project and the abut- ting street or navigable waterway. b) Corner lots.No more than 80 percent of the off-street parking for the entire commercial building or project shall be located between any primary façade of the commercial building or project and the abut- ting street or navigable waterway area,with no single side to contain more than 65 percent of the required parking. 3. Pedestrian pathways. a. Purpose and intent.To provide safe opportunities for alternative modes of transporta- tion 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. Supp.No.15 LDC5:64.5 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 F.3. 5.05.08 F.4. 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 dimensions.Pedestrian pathways must be a minimum of five feet wide. d. 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. e. Building pedestrian pathway. i. A continuous building perimeter path interconnecting all public entrances and exits of a building is required. For the purposes of this section, employee, service or delivery entrances, or emergency"exits-only" are excluded. ii. If parking area is proposed along the building façade within 15 feet from a building wall,the pedestrian pathway shall be provided along the full length of the row of parking spaces facing the building. f. 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. g. Shade. See LDC section 4.06.00 Landscaping, Buffering, and Vegetation for addi- tional requirements. i. Required pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 100 linear feet in length at a minimum ratio of one shade canopy tree per every 100 linear feet of walkway.The required shade trees must be located no more than ten feet from edge of the sidewalk. 4. Service function areas and facilities. Service function areas include, but are not limited to: loading areas and docks, outdoor storage, vehicle storage excluding car display areas, trash collection areas, trash compaction and recycling areas, roof top equipment, utility meters, antennas,mechanical and any other outdoor equipment and building services supporting the main use or operation of the property.See LDC section 4.02.12 Design Standards for Outdoor Storage for additional requirements. a. Purpose and intent.To diminish the visual and acoustic impacts of service functions that may detract from,or have a negative impact on, the surrounding properties and the overall community image. b. Buffering and screening standards. Service function areas must be located and screened so that the visual impacts of these functions are fully contained and screened from adjacent properties, including public and private streets. Supp.No.15 LDC5:64.6 SUPPLEMENTAL STANDARDS 5.05.08 F.4. 5.05.08 F.6. c. Screening material and design standards. Screening materials, colors and design must be consistent with design treatment of the primary façades of the building or project and the landscape plan. d. Trash enclosures. For the location, size, and design standards for trash enclosures, see LDC section 5.03.04 Dumpsters and Recycling. e. Loading areas and docks.Vehicle loading areas must be screened from streets and adjacent residential districts. Screening must consist of wing walls, shrubs, trees, berms, or combination thereof. f. Conduits, meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding building surfaces. Conduits and meters cannot be located on the primary façade of the building. g. All rooftop mechanical equipment protruding from the roof must be screened from public view by integrating it into a building and roof design. h. Outdoor vending machines must be located so that they are not visible from adjacent properties and streets. 5. Fencing standards. For restrictions on fence material, fence height, and design, see LDC section 5.03.02 Fences and Walls. 6. Drive-through facilities standards. See LDC section 4.05.09 Stacking Lane Requirements for additional requirements. a. Drive-through facilities location and buffering standards.Drive-through facilities must be secondary in emphasis and priority given to any other access and circulation functions.Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potential pedestrian/vehicle conflict. i. If site constraints limit the location of the drive-through facility to the area between the right-of-way and associated building, the vegetation required by a Type "B" landscape buffer must be installed within the buffer width required for the project and maintained along the entire length of the drive-through lane and adjacent right-of-way. In addition to the vegetative buffer referenced above, a permanent, covered, porte-cochere or similar structure, (canvas awning and canopies are excluded), must be installed extending the width of the drive-through with the roof covering the service window(s). Such structure shall be an integral part of the design of the building. b. Required floor area. One drive-through facility is permitted for each building. For multi-tenant buildings, an additional drive-through is allowed for each tenant with a minimum of 1,500 square feet of floor area.Drive-through facilities may have multiple drive lanes. Supp.No.21 LDC5:64.7 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 F.7. 5.05.08 G.2. 7. Lighting. See LDC sections 4.05.02 D and 6.06.03 for additional requirements. a. Purpose and intent. All building sites and projects, including outparcels, shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting must be designed in a consistent and coordinated manner for the entire site.The lighting and lighting fixtures must be integrated and designed so as to enhance the visual impact of the project on the community and blend with the landscape. b. Shielding standards. Lighting must be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjoining streets and all adjacent properties. Light sources must be concealed or shielded. c. Height standards. Lighting fixtures within the parking lot must be a maximum of 25 feet in height, and 15 feet in height for the non-vehicular pedestrian areas. d. Design standards. Lighting must be used to provide safety while accenting key architectural elements and to emphasize landscape features. Light fixtures must complement the design of the project. This can be accomplished through style, material or color. When visible from a public right-of-way or from an adjacent residential property, the illumination of new or existing building facades, architectural features, or windows with lights that change color, flash, or alternate at intervals more frequently than once per day is prohibited. e. Illumination. Background spaces, such as parking lots, shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, including building entrances and plaza seating areas, must utilize local lighting that defines the space. 8. Water management areas in buffer areas.For design standards for water management areas in buffer areas, including location and the required amenities, see LDC section 4.06.02 D. G. Deviations and alternate compliance.The following alternative compliance process is established to allow deviations from the requirements of this section as approved by the County Manager or designee. 1. Review and approval procedure. Upon request by the applicant, the County Manager or designee may administratively approve a Site Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of LDC section 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re-review and approval by the County Manager or designee. 2. Review criteria. In approving an alternative plan, the County Manager or designee must find that the proposed alternative plan accomplishes the purpose and intent of this section. If the plan is approved through this section, the site development plan approval letter shall specifically note the deviations and the basis for their approval. Supp.No.21 LDC5:64.8 SUPPLEMENTAL STANDARDS 5.05.08 G.3. 5.05.08 G.5. 3. The Administrative Code shall establish the submittal requirements for the Deviations and Alternate Compliance process. 4. Applicability. a. The following types of buildings and uses qualify for an administrative determination of deviations from LDC section 5.05.08 development standards: i. Assembly, ii. Educational, iii. Institutional, iv. Mixed use buildings (such as commercial/residential/office), and v. Any other non-commercial building, or use, that is not listed under LDC section 5.05.08 E.Design standards for specific building types of this section, and due to its function, has specific requirements making meeting LDC section 5.05.08 standards unfeasible. vi. Buildings located on property with a commercial zoning designation when submitted for Site Development Plan review except for the following: a) Buildings with a gross building area of 10,000 square feet or more on the ground floor. b) Multi-story buildings with a total gross building area of 20,000 square feet or more. c) Project sites with more than one building where the aggregate gross building area is 20,000 square feet or more. Individual buildings within a project site that have been previously granted deviations where additional development causes an aggregation of building area 20,000 square feet or greater, must bring existing buildings up to the requirements of LDC section 5.05.08. b. The deviation process is also applicable to the specific requirements listed under the following sections: LDC section 5.05.08 B.3.Alterations to an existing building. ii. LDC section 5.05.08 E.2.d. for Self-storage buildings. 5. Appeal and Assistance procedure. a. The County Manager or designee may request the assistance of the Architectural Arbitration Board in rendering a decision.The applicant may appeal the decision of the County Manager or designee to the same Board by making a written request to the County's Architect. i. The Architectural Arbitration Board shall consist of 5 voting members comprised of the following: two representatives from the Collier County Supp.No.23 LDC5:64.9 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.08 G.S. 5.05.09 B.1. Zoning staff; two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). b. The Architectural Arbitration Board shall take one of the following actions by majority vote: i. Approve as proposed; ii. Approve as proposed with conditions; iii. Deny as proposed; or iv. Continue the review to another meeting for further deliberation. c. Within 5 working days following the Architectural Arbitration Board meeting, the County Manager or designee shall approve or deny the project's deviation from the architectural design standards of LDC section 5.05.08, as recommended by the Architectural Arbitration Board. d. Should the applicant or staff request a decision by convening an Architectural Arbitration meeting, then the review of the Site Development Plan will be placed on hold upon receipt of the written request by the County's Architect.Should the County Manager or designee request the assistance of the Architectural Arbitration Board, then review of the Site Development Plan will be placed on hold at staff discretion. Once a final decision by the Board is reached, review of the Site Plan shall resume. (Ord. No. 04-72, § 3.T; Ord. No. 05-27, § 3.GG; Ord. No. 06-07, § 3.N; Ord. No. 06-63, § 3.DD; Ord. No. 07-67, § 3.M; Ord. No.08-63, § 3.T;Ord. No.09-55, § 3.B; Ord. No. 13-32, § 1;Ord. No. 13-56, § 3.T;Ord. No. 15-46, § 2.C; Ord. No. 16-22, § 3.L; Ord. No. 20-16, § 3.G; Ord. No. 21-14, § 3.1) 5.05.09 Communications Towers A. Purpose and intent.This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio,or microwave transmissions.This section sets standards for construction and facilities siting;and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers;to maximize the shared use of specified tower sites to minimize the need for additional tower sites;to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. B. Definitions unique to communications towers, section 5.05.09. 1. As used herein "antenna" does not include (a)wire antennas or(b) "receive only" dishes that have an outside diameter of less than 40 inches. Supp.No.23 LDC5:64.10 SUPPLEMENTAL STANDARDS 5.05.09 B.2. 5.05.09 D.1. 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than 6 miles. 4. "Unavailable to the applicant' means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower, antenna, and related facilities. 5. "Unavailable" means that no additional tower or site capacity is available to anyone. C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed,the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). �.- 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. 4. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. D. Shared use of towers.A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment.Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments. 1. For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers,within the effective radius, that can possibly accommodate the needs of the applicant.The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant.A list of all owners contacted,the date of each contact,the form and content of each contact,and all responses shall be a part of the conditional use application. As an accommodation to applicants, the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers. If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a Supp. No. 10 LDC5:65 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 D.1. 5.05.09 D.4. reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant. If the old tower is a nonconforming structure, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower, and the height of the tower inclusive of its antennas may not be increased. 2. Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant, the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifica- tions shall be conclusive, unless the applicant can prove they are incorrect in the specific case. 3. If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant,the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained. Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height. Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant. 4. The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment: a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of tower. f. A list of necessary ancillary equipment and description of the type of transmission cable to be used. Supp. No. 10 LDC5:66 SUPPLEMENTAL STANDARDS 5.05.09 D.4. 5.05.09 E. g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of tower sites.A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower, [The next page is LDC5:83] Supp. No. 10 LDC5:67 SUPPLEMENTAL STANDARDS 5.05.09 antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant, the applicant shall contact the owner of all other conforming old sites and approved tower sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant. 2. For each such possibly available tower site, the application for a new tower site shall not be complete without the following information: a. Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs. c. If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant. d. The applicant is not required to supply this information to owners of conforming old -- sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner(and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: e. tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design.An elevation and a cross section of the tower structure shall be included. f. Total anticipated capacity of the tower, including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accom- modate same. g. Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222-E),or its successor functional equivalent, as may be amended for local application. 3. If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs,the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant.To the extent information is current LDC5:83 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not — then up-to-date,the plan shall be brought up-to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date. 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower, unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower, no such document shall prevent other towers, except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval. F. Required sharing. Each new tower in excess of 185 feet in height(shared use tower), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower. 1. Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers, ancillary equipment, and accessory uses.Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower, the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan.An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a noncon- forming structure. If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. LDC5:84 SUPPLEMENTAL STANDARDS 5.05.09 F.4. 5.05.09 F.B. 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconforming tower may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty (30)feet or twenty (20) percent of the height of the existing tower, whichever is less; b. The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application; c. A shared use plan covering the tower with the increased height is first approved by the County Manager or designee; d. The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming; e. Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building. 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval. 6. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans and amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconforming structure.The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessory buildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming.The shared use plan shall be immediately updated to reflect each change. Supp.No.23 LDC5:85 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 F.9. 5.05.09 G.1. 9. For each tower with a height in excess of 185 feet that is approved, the tower owner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower, the plan shall commit the tower owner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates.The initial proposed rates (or a range of reasonable rates)shall be specified in the shared use plan, and shall be amended each time the rates are changed.When antenna space on a tower is rented to others,each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use tower site that is approved, the owner shall be required, as a condition of approval,to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable.If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents(or a range of reasonable rents) which shall be specified in the shared use plan.When land is rented for facilities on the site,the rental agreement shall be filed with the shared use plan.Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee. 11. Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant. Government owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date. 12. The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan. 13. All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower. All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site. G. Development standards for communication towers. 1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection 5.05.09 G.7 below, towers may be allowed to any height as a conditional use in the Estate (E) zoning district only on parcels designated as Urban or Rural Golden Gate Estates Sub-Element in the Golden Gate Area Master Plan or Supp.No.23 LDC5:86 SUPPLEMENTAL STANDARDS 5.05.09 G.1. 5.05.09 G.4. sites approved for a specified essential service listed in subsection 5.05.09 G.3.below.There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. 2. Permitted ground-mounted towers.Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts:Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five(75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less.Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half(2 1/2) times the height of the tower.)towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00. b. Agricultural zoning districts within the rural designated area:Towers shall not exceed 250 feet in height. c. All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site. 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriffs substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by,or to be leased to, a governmental entity,and the primary uses of the tower are for governmental purposes. 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts,except amateur radio towers with a height not to exceed seventy-five (75)feet above the natural grade, and ground-mounted antennas with a height not to exceed twenty(20)feet above the natural grade, are permitted within these zoning districts. Supp.No.23 LDC5:87 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 G.5. 5.05.09 G.6. 5. Ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts.The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 6. Rooftop towers, antenna structures, and antennas. a. Rooftop towers,antenna structures, and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. b. Rooftop towers, antenna structures, and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade. If the maximum roofline is less than twenty (20) feet above the average natural grade, an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline.For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure, tower, or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure,tower, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location. iii. Antenna structures and dish type antennas shall be painted to make them unobtrusive. iv. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower, structure, and antennas. vii. The building and roof shall be capable of supporting the roof-mounted antenna, structure, and tower. Supp.No.23 LDC5:88 SUPPLEMENTAL STANDARDS 5.05.09 G.6. 5.05.09 G.10. viii. No rooftop shall be considered a tower site.This section does not require any sharing of any rooftop, rooftop tower, or antenna structure. 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half(2.5)times the height of the tower from all RSF-1 through RSF-6,and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed,and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. b. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six(6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (1) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. c. Communication towers in the Estate (E) zoning district shall be separated from residentially zoned properties as follows: New towers up to 75 feet in height shall be located not less than the total height of the tower and antennas from all residentially zoned properties. ii. New towers over 75 feet in height shall be located not less than two and one-half times the height of the tower and antennas, or the certified collapse area, whichever distance is greater, from all residentially zoned properties. 8. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 9. Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks, design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County-owned land available for towers and ancillary facilities at reasonable rents. 10. Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district.accessory uses shall not include offices,long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event Supp.No.23 LDC5:89 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 G.10. 5.05.09 G.14. shall such uses exceed twenty-five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion.Where the site abuts, or has access to, a collector street, access for motor vehicles shall be limited to the collector street.All equipment shall comply with the then applicable noise standards. 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site.An additional parking space for each two(2)employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking. 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and acces- sory structures shall be fenced.This provision does not apply to amateur radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet above grade. 13. Tower lighting.Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District.Such lights shall meet the then existing Federal Aviation Administra- tion ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine(199)feet above ground,exclusive of antennas,and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation,only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes)required by state or federal law, rule,or regulation.Solid red(or pulsating red)warning lights shall not be used at night. 14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) years. Self-supporting towers shall be inspected every five (5) years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay.At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings:Check for age, strength, rust, wear, general condition, and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. Supp.No.23 LDC5:90 SUPPLEMENTAL STANDARDS 5.05.09 G.14. 5.05.09 G.22. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed.The County shall have no responsibil- ity under this section regarding such repairs and/or maintenance. 16. Any tower that is voluntarily not used for communications for a period of one (1)year shall be removed at the tower owner's expense.If a tower is not removed within three (3)months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees. 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. 18. All new metal towers, including rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty(20)feet shall require a building permit. 19. Within the proposed tower's effective radius, information that specifies the tower's physical location, in respect to public parks, designated historic buildings or districts,areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application.This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval. 20. No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 21. Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost.native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent. 22. As to communications towers and antennas, including rooftop towers, antenna structures, and antennas, the height provisions of this section supersede all other height limitations specified in this Code. Supp.No.23 LDC5:91 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 G.23. 5.05.09 H.1. 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA)technical standards.The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower.All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. 25. Communication towers in the Estates (E) Zoning District. Communication towers are allowed on parcels designated as Urban or Rural Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject to the following: a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector road. b. The communications provider has provided evidence that the communication provider's search radius for tower placement requires placement of the tower in the Estates Zoning District to meet its coverage requirements and the tower cannot be co-located on an existing tower and provide the same service coverage. c. All security and site lighting shall be less than 20 feet above grade,fully shielded,and directed away from neighboring properties. d. Fencing height and landscaping.The required perimeter wall or fence height shall be a minimum of eight feet from finished grade of base supporting structure and no greater than 10 feet.A minimum 15 feet landscape Type B buffer along the perimeter of wall or fence is required and tree plantings within the buffer shall be 12 feet tall at time of planting. e. Equipment cabinets. Overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. H. Alligator Alley communication towers. 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classifica- tion(s)of the underlying fee at each respective tower site,two(2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley).Two(2) of the four(4)towers shall be constructed to replace two(2)existing Florida Department of Transportation towers.The four(4)new telecommunica- tion tower sites shall be located approximately at: a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd).The height shall not exceed 250 feet, including antennas; Supp.No.23 LDC5:92 SUPPLEMENTAL STANDARDS 5.05.09 H.1. 5.05.09 H.B. c. The site of an existing FDOT tower located on State Road 29.The height shall not exceed 310 feet, including antennas; d. The site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas; e. Each tower shall be constructed with a capacity to provide for a minimum of four(4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. 2. Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. 3. Minimum yard requirements.There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half (1/2) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone)for any of these towers. 4. Access. Physical access to each tower site shall be as approved by FDOT. 5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower. 6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings.This buffer shall encompass all structures including the tower base.At least one(1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3)feet in height at planting.The buffer must be maintained in good condition.This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns. 7. A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval. 8. Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system require- .... ments for tower lighting. Supp.No.23 LDC5:93 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 H.9. 5.05.09 1.4. 9. Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the 1-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. 10. The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20)feet.Towers that are to be twenty (20) feet or less in height require only building permit approval from the County. a. As all such facilities must be located within the 1-75 right-of-way,the facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner.The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation. b. The facilities must be owned by, or leased to, a governmental entity.The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses. c. Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower. Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service. 1. These facilities are essential services. 2. Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172,Florida Statutes. 3. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law.The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located)on property owned by the State of Florida, including State-owned rights-of-way. 4. Co-located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County Supp.No.23 LDC5:94 SUPPLEMENTAL STANDARDS 5.05.09 1.4. 5.05.09 1.7. shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations,and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements,or applicable agreement(s), or with applicable land development regulation(including aesthetic requirement),or compliance with any other then applicable law(s). 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower,or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land develop- ment regulations (including aesthetic requirements), or with applicable building regulations. 6. Sufficiency notice.Within twenty(20)business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed.Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 7. Default approval. a. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: i. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; ii. The County fails to either grant or deny the applied-for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and iii. The applicant has not agreed to an extension of time, as provided in �.— paragraph (8) below. Supp.No.23 LDC5:95 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 1.7. 5.05.10 C.3. b. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance,the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC.The permit shall be deemed to be granted if the BCC fails to take final action at that time. 8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. (Ord. No.05-27,, § 3.HH; Ord. No. 20-16, § 3.H; Ord. No. 21-05, § 3.K) 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards A. The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park. 1. 200 square feet for each travel trailer and park model lot or campsite for the first 100 lots or spaces; 2. 150 square feet for each lot or designated space in excess of 100 lots or spaces; and 3. One-half (1/2) of the water surface within the park may be credited toward the required recreation area, except that at least fifty (50) percent of the required recreation area shall be land area. B. All lots/spaces within a TTRVC park shall have direct access from an internal street. All internal streets within the district shall provide safe and convenient access to a public street. The right-of-way widths, paving widths, and other construction standards, including gradient and alignment of all internal streets and drainage shall be subject to the standards for development of supporting infrastructure as provided in the subdivision regulations, section 4.03.00. For the purpose of this subsection, internal streets shall refer to streets, including necessary right-of-way or easement, located within the confines of the project legal description and providing no access to other land parcels. C. Required facilities for campsites and TTRV lots. 1. Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite lot and as approved by the Collier County health department, or in the event of a private on-site system connection to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times. 2. Potable water supply as approved by the County Manager or designee pursuant to section 4.03.00. 3. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, lots or other TTRVC lots or parking areas. Supp.No.23 LDC5:96 SUPPLEMENTAL STANDARDS 5.05.10 C.4. 5.05.11 B.2. 4. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use. 5. One (1) parking space per campsite or TTRV lot. 6. Unless every travel trailer site has a sanitary waste outlet, a central pump-out station shall be provided. 7. TTRV vehicles including park model, travel trailers, may be permanently located on a lot; however, no permanent residency is allowed.Where travel trailer/park model lots are being sold to individuals, the developer/owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of permanent occupancy.All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this district. 8. Every proprietor, manager, homeowners' association, or condominium association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner/occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager.In the event of owner/occupied lots within the TTRVC district, said owner is responsible for registering his or her arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as herein provided. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code.Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 9. Park model travel trailers, when positioned on a lot in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. (Ord. No. 10-23, § 3.KK) 5.05.11 Carwashes Abutting Residential Zoning Districts A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. B. Minimum yards. 1. Front yard setback: fifty (50) feet. 2. Side yard setback: forty (40) feet. Supp.No.23 LDC5:97 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.11 B.3. 5.05.12 B.1. 3. Rear yard setback: forty (40) feet. C. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. D. Minimum lot size is 18,000 square feet. E. If a carwash, vacuum station, or compressed air station abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six(6)feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than fifteen (15) feet. The wall shall be located within a landscaped buffer as specified in section 4.06.00.All walls shall be protected by a barrier to prevent vehicles from contacting them. F. The building shall maintain a consistent architectural theme along each building façade. G. A carwash shall be subject to Ordinance No.90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. H. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof.Vacuuming facilities may be located outside the building, but may not be located in any required yard area. I. Carwashes abutting residential districts shall be closed from 10:00 p.m.to 7:00 a.m. J. The illumination of equipment with lights that change color, flash, or alternate at intervals more frequently than once per day is prohibited on new or existing car washes when visible from a public right-of-way or from an adjacent residential property. (Ord. No. 15-46, § 2.D; Ord. No. 20-16, § 3.1) 5.05.12 Specific Standards for Public Utility Ancillary Systems in Collier County. A. Applicability. When water and wastewater is conveyed through physically connected infrastructure to or from a public or quasi-public treatment facility,the system of physically interconnected infrastructure, including but not limited to raw water wells, pump stations,water and wastewater storage tanks,vaults, valves, antennas, and other appurtenant equipment, shall be considered to be collectively located onsite as that term is to be applied in the GMP CCME Policies 6.1.1 and 6.1.2, and any implementing land development regulations.Applicable designs for public utility ancillary systems selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the following requirements. B. Setback Requirements. 1. Any structure enclosing a public utility ancillary system which is greater than four hundred (400) square feet in size must meet the following minimum setbacks: Adjacent to Right-of-Way - 25 feet. Side yard from adjoining property- no less than the underlying zoning district's requirements for side yard setback. Rear yard from adjoining property -25 feet. Supp.No.23 LDC5:98 SUPPLEMENTAL STANDARDS 5.05.12 B.1. 5.05.12 E. For well houses within easements -6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks, and transformers, not enclosed by a fence or wall,shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 2. Any structure enclosing a public utility ancillary system which is equal to or less than four hundred (400) square feet must meet the following minimum setbacks: Adjacent to Right-of-Way - 15 feet. Side yard from adjoining property- no less than the underlying zoning district's requirements for side yard setback. Rear yard from adjoining property - 10 feet. For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks, and transformers, not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 3. Fences and walls enclosing public utility ancillary systems, other than raw water wells and appurtenant equipment, installed after November 12, 2008, shall be setback five feet from adjacent property and right-of-way lines. However, for those public utility ancillary systems installed on or before November 12,2008 or installed in utility easements existing on or before November 12, 2008, there shall be no minimum setback for fences and walls. In the case of raw water wells and appurtenant equipment installed after June 16, 2005, the setback shall be five feet from adjacent property and right-of-way lines, except where installed in easements existing on or before June 16, 2005, in which case, there shall be no minimum setback for fences and walls. C. Fences and walls enclosing public utility ancillary systems shall not exceed ten feet in height unless an administrative fence waiver is approved in accordance with the LDC section 5.03.02. D. Public utility ancillary system site access: 1. Direct access from public ways shall be limited to one (1) access point location and must otherwise comply with the requirements of LDC section 4.04.02. 2. Access from an easement must provide legal access to a public or approved private way. Access from an existing public way to an easement must otherwise comply with the requirements of LDC section 4.04.02. E. Prior to County approval of any public utility ancillary system site under this Code, the applicant shall obtain permits from SFWMD, FDEP or other state or federal agency having jurisdiction over the intended use if such permits are required. Supp.No.23 LDC5:99 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.12 F. 5.05.13 B.3. F. Stormwater management and environmental resource permits for public utility ancillary system sites shall be governed by the requirements of SFWMD and or FDEP, and if approval is granted for the public utility ancillary system by SFWMD or FDEP under those requirements, or said requirements are deemed not applicable by SFWMD or FDEP due to the de minimus size or nature of the public utility ancillary system site as verified in writing by SFWMD or FDEP, the project may be considered for a waiver from the requirements of LDC section 10.02.02 A. G. Landscaping and buffering shall conform to the requirements of LDC section 4.06.05 B.4. H. Site planning review and approval for public utility ancillary systems must follow the requirements of an insubstantial change to a Site Development Plan or Site Improvement Plan review process as required in LDC section 10.02.03, providing water, wastewater or irrigation quality water from such public utility ancillary system is conveyed through physically connected infrastructure to a public or quasi-public treatment facility.The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site". (Ord. No. 05-27, § 3.11; Ord. No. 08-63, § 3.U; Ord. No. 21-05, § 3.L) 5.05.13 Heliports and Helistops A. Purpose and intent. In accordance with Sections 330.35 and 330.36, Florida Statutes, the purpose of this section is to impose zoning requirements on the location and operation of heliports and helistops within Collier County. It is not the intent of this section to supersede state and federal rules and regulations applicable to the siting, licensing, registration and operation of heliports and helistops. Rather, as set forth in more detail below, this section incorporates said rules and regulations, while imposing additional zoning regulations which further limit the siting and operational criteria for heliports and helistops in Collier County. B. Definitions. 1. FATO:The designated "final approach and takeoff" area for helicopter operations.A defined area over which the final phase of the approach to a hover, or a landing is complete and from which the takeoff is initiated.This term is identical to that defined at Rule 14-60.003(2)(b)8, Florida Administrative Code, and Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B. 2. Private Use Heliport: A heliport developed for exclusive use of the owner and persons authorized by the owner. For state regulation purposes, this type of heliport falls within the scope of the term "private airport," as defined at Section 330.27(5), Florida Statutes. For federal regulation purposes, this term is synonymous with a"prior permission required (PPR) heliport," as defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B. 3. Private Use Helistop: A minimally developed helicopter facility for boarding and discharging passengers or cargo, and for the parking of the helicopter when not in use. Fueling and major maintenance and repairs are not permitted at this type of facility.Only the owner and persons authorized by the owner may use this facility.For state regulation purposes,this type of facility falls within the scope of the term "private airport," as defined at Section 330.27(5), Florida Statutes. For federal regulation purposes,this type of facility falls within the scope of the term "prior permission required (PPR) heliport," as defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B. Supp.No.23 LDC5:100 SUPPLEMENTAL STANDARDS 5.05.13 B.4. 5.05.13 C.3. 4. Public Use Heliport:A heliport available for use by the general public without a requirement for prior approval of the owner or operator. For state regulation purposes, this type of heliport is a "public airport," as defined at Section 330.27(6), Florida Statutes. For federal regulation purposes, this term includes both "public use heliports" and "general aviation (GA) heliports," as these terms are defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B. C. Site Limitations and Criteria. 1. No heliport or helistop shall be permitted or operated without obtaining site approval from the State of Florida Department of Transportation and complying with all applicable state and federal statutes, rules and regulations, including but not necessarily limited to the following: a. The State Airport Licensing Law(currently codified at Chapter 330, Florida Statutes); b. Chapter 14-60 of the Florida Administrative Code; and c. Federal Aviation Administration Advisory Circular Number 150/5390-2B. 2. Private Use Heliports. a. Allowed as a conditional use in the industrial zoning district, as provided for in section 10.08.00 of the Code and subject to the provisions of this section. b. The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit development. This requirement shall not apply within the boundaries of developments which expressly permit private aviation use (e.g., Shadow Wood PUD and the Wing South Airpark Condominium). c. To protect the property rights of owners of all properties abutting the property on which a private use heliport is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abutting properties are developed with structures built to the maximum permitted building height and the minimum required setbacks at the time site approval is sought. 3. Public Use Heliports. a. Allowed as a conditional use in the industrial zoning district and at any existing public airport, as provided for in section 10.08.00 of the Code and subject to the provisions of this section. b. The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit development. c. To protect the property rights of owners of all properties abutting the property on which a public use heliport is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abutting properties are developed with structures built to the maximum permitted building height and the minimum required setbacks at the time site approval is sought. Supp.No.23 LDC5:101 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.13 C.4. 5.05.13 C.4. 4. Private Use Helistops. a. Allowed as a conditional use to a permitted principal use in the industrial zoning district, subject to the provisions of this section. b. The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit development.This requirement Supp.No.23 LDC5:102 SUPPLEMENTAL STANDARDS 5.05.13 C.4. 5.05.14 C.2. shall not apply within the boundaries of developments which expressly permit private aviation use (e.g., Shadow Wood PUD and the Wing South Airpark Condominium). c. To protect the property rights of owners of all properties abutting the property on which a private use helistop is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abutting properties are developed with structures built to the maximum permitted building height and the minimum required setbacks at the time site approval is sought. D. Design Standards and Operating Criteria. 1. All heliports and helistops shall be designed and operated in accordance with applicable state and federal statutes,rules and regulations,including but not necessarily limited to the following: a. The State Airport Licensing Law(currently codified at Chapter 330, Florida Statutes); b. Chapter 14-60 of the Florida Administrative Code;and c. Federal Aviation Administration Advisory Circular Number 150/5390-2B. 2. Private use helistops are limited to use by single engine helicopters with a maximum takeoff weight not exceeding 12,000 pounds. 3. All heliports and helistops must comply with the Collier County Noise Control Ordinance (currently codified at Section 54-81 et seq., Collier County Code of Ordinances), as it may be amended from time to time. (Ord.No.07-68, § 3.K) 5.05.14 Public Schools A. Purpose and intent.This section is intended to provide for compatibility of public schools in Estates, residential, and commercial zoning districts. In particular, this section seeks to ensure that impacts to traffic circulation.vehicle stacking,and vehicular and pedestrian access to the site are reviewed by the County and impacts are mitigated.All applications for public schools submitted as of September 16, 2016 shall be considered in the manner described by this section. B. All public schools shall meet the standards in LDC sections 5.05.14 C., D., and E. below, unless an agreement is established between the operator of the public school and the Board of County Commissioners that addresses, at a minimum, the issues established in F.S. §§ 163.31777 and 1013.33. C. Requirements where no agreement is established between the operator of the public school and the Board of County Commissioners: 1. Public schools located within the Estates or residential zoning districts shall be subject to conditional use approval and this section. 2. Public schools located within a commercial zoning district that construct a new building(s)or occupy an existing building(s),or there is an expansion to the school which results in greater than a 5 percent increase in student capacity shall comply with this section. Supp.No.16 LDC5:103 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.14 D. 5.05.15 A.2. D. Traffic circulation standards for all application types: 1. Vehicles trips dedicated to the public school shall not queue or have an impact on existing through-lanes on the adjacent roadways and shall be addressed in accordance with TIS guidelines and procedures. 2. Pedestrian access shall be provided from the public school to external pathways. E. Application requirements. 1. A SDP, SDPA, SDPI, or a SIP shall be submitted pursuant to LDC section 10.02.03 and shall demonstrate the following: a. The location of all drop-off and pick-up and sites,such as those for vehicles and buses. b. The location of on-site stacking lanes that serve drop-off and pick-up sites. c. The location of new or existing turn lanes. d. The location of all internal pedestrian connections and the location of pedestrian access points to exterior pathways. e. Any additional information requested by the County Manager or designee regarding traffic impacts. 2. A TIS, in accordance with the TIS guidelines and procedures,shall demonstrate the following: a. The trip distribution percentages and number of trips, and trip assignments of where vehicles and buses will enter and exit the site. b. Any additional information requested by the County Manager or designee regarding traffic impacts. F. Educational facilities, as defined in LDC section 1.08.02, shall be exempt from this section. (Ord.No. 16-27, § 3.Q) 5.05.15 Conversion of Golf Courses A. Purpose and Intent.The purpose of this section is to assess and mitigate the impact of golf course conversion on real property by requiring outreach with stakeholders during the design phase of the conversion project and specific development standards to ensure compatibility with the existing land uses.For the purposes of this section,property owners within 1,000 feet of a golf course shall hereafter be referred to as stakeholders. 1. Stakeholder outreach process. The intent is to provide a process to cultivate consensus between the applicant and the stakeholders on the proposed conversion. In particular, this section is designed to address the conversion of golf courses surrounded, in whole or in part, by residential uses or lands zoned residential. 2. Development standards. It is the intent of the specific development standards contained herein to encourage the applicant to propose a conversion project with land uses and Supp.No.16 LDC5:104 SUPPLEMENTAL STANDARDS 5.05.15 A.2. 5.05.15 C.2. amenities that are compatible and complementary to the existing neighborhoods. Further, the applicant is encouraged to incorporate reasonable input provided by stakeholders into the development proposal. B. Applicability.The following zoning actions, Stewardship Receiving Area Amendments, and Compati- bility Design Review petitions, hereafter collectively referred to as "conversion applications," shall be subject to LDC section 5.05.15.A conversion application shall be required when an applicant seeks to change a constructed golf course to a non-golf course use.However,where a permitted,accessory,or conditional use is sought for a golf course zoned Golf Course and Recreational Uses (GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H. 1. Zoning actions.This section applies to a golf course constructed in any zoning district where the proposed use is not permitted, accessory, or conditional in the zoning district or tract for which a zoning change is sought.Zoning actions seeking a PUD rezone shall be subject to the minimum area requirements for PUDs established in LDC section 4.07.02; however, the proposed PUD shall not be required to meet the contiguous acres requirement so long as the PUD rezone does not include lands other than the constructed golf course subject to the conversion application. 2. Stewardship Receiving Area Amendments.This section applies to a golf course constructed on lands within a Stewardship Receiving Area where the proposed use is not permitted, acces- sory, or conditional in the context zone for which the change is sought. 3. Compatibility Design Review.This section applies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Area that utilize a non-golf course use which is a permitted,accessory or conditional use within the existing zoning district or designation. Conditional uses shall also require conditional use approval subject to LDC section 10.08.00. C. Application process for conversion applications. 1. Intent to Convert application.The applicant shall submit an "Intent to Convert" application to the County prior to submitting a conversion application. The following is required of the applicant: a. Application.The Administrative Code shall establish the procedure and application submittal requirements, including:a title opinion or title commitment that identifies the current owner of the property and all encumbrances against the property;the Devel- oper's Alternatives Statement,as provided for below;and the public outreach methods to be used to engage stakeholders at the Stakeholder Outreach Meetings, as estab- lished below. b. Public Notice.The applicant shall be responsible for meeting the requirements of LDC section 10.03.06. 2. Developer's Alternatives Statement requirements.The purpose of the Developer's Alternatives -N"' Statement (DAS) is to serve as a tool to inform stakeholders and the County about the Supp.No.16 LDC5:104.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.15 C.2. 5.05.15 C.3. applicant's development options and intentions.It is intended to encourage communication, cooperation, and consensus building between the applicant, the stakeholders, and the County. b. Alternatives.The DAS shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project.The DAS shall address,at a minimum, the three alternatives noted below.The alternatives are not intended to be mutually exclusive;the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project. i. No conversion:The applicant shall examine opportunities to retain all or part of the golf course.The following considerations are to be assessed: a) Whether any of the existing property owners' association(s) reason- ably related to the golf course are able to purchase all or part of the golf course;and b) Whether any of the existing property owners' association(s) and/or any new association reasonably related to the golf course can coor- dinate joint control for all or part of the golf course. ii. County purchase:The applicant shall coordinate with the County to deter- mine if there is interest to donate, purchase, or maintain a portion or all of the property for a public use, such as a public park, open space, civic use, or other public facilities.This section shall not require the County to purchase any lands, nor shall this require the property owner to donate or sell any land. iii. Conceptual development plan: The applicant shall prepare one or more proposed conceptual development plans, consistent with the development standards established in LDC section 5.05.15 G, depicting the proposed conversion.The applicant shall share the conceptual development plan with the stakeholders at the Stakeholder Outreach Meetings as described below. The conceptual development plan shall include a narrative describing how the plan implements and is consistent with the goals and objectives identified in the DAS.The conceptual development plan shall depict the retained and proposed land uses, including residential, non-residential, and preserve ar- eas; existing and proposed roadway and pedestrian systems; existing and proposed trees and landscaping;and the proposed location for the greenway, including any passive recreational uses. The narrative shall identify the intensity of the proposed land uses;how the proposed conversion is compat- ible with the existing surrounding land uses and any methods to provide benefits or mitigate impacts to the stakeholders.Visual exhibits to describe the conceptual development plan and amenities, including the greenway, shall also be provided. 3. Stakeholder Outreach Meetings (SOMs) for conversion applications.The SOMs are intended to engage the stakeholders early in the conversion project and inform the applicant as to what the stakeholders find important in the neighborhood,what the stakeholders consider compat- Supp.No.16 LDC5:104.2 SUPPLEMENTAL STANDARDS 5.05.15 C.3. 5.05.15 C.4. ible with the neighborhood,and what types of land uses they would support to be added to the neighborhood.An assigned County planner shall attend the SOM and observe the process. The following is required of the applicant: a. The Administrative Code shall establish the procedure and application submittal requirements. b. The applicant shall conduct a minimum of two in-person SOMs and a minimum of one web-based visual survey on the proposed conceptual development plan(s). The web-based survey web address shall be incorporated in the mailings notifying the stakeholders of the in-person SOMs. c. At the SOMs, the applicant shall provide information to the stakeholders about the purpose of the meeting, including a presentation on the goals and objectives of the conversion project,the conceptual development plan,the greenway concept,and the measures taken to ensure compatibility with the existing surrounding neighborhood. A copy of the full Developer's Alternative Statement shall also be made available at each SOM.The applicant shall facilitate discussion on these topics with the stake- holders using one or more public outreach method(s) identified in the Administrative Code. d. SOM report for conversion applications.After completing the SOMs the applicant shall prepare a SOM report.The report shall include a list of attendees,a description of the public outreach methods used, photos from the meetings demonstrating the outreach process, results from outreach methods, and copies of the materials used during the SOMs.The applicant shall also include a point-counterpoint list,identifying input from the stakeholders and how and why it was or was not incorporated in the conversion application.The report shall be organized such that the issues and ideas provided by the stakeholders are clearly labeled by the applicant in the list and the conversion application. 4. Conversion application procedures.An applicant shall not submit a conversion application (e.g.rezone, PUDA, SRAA, Compatibility Design Review) until the Intent to Convert applica- tion is deemed completed by County staff and the SOMs are completed. Thereafter, the applicant may proceed by submitting a conversion application with the County as follows: a. Zoning actions.For projects subject to 5.05.15 B.1.,the applicant shall file a PUDA or rezone application, including the SOM report.Deviations to LDC section 5.05.15 shall be prohibited;further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or NIM. b. Stewardship Receiving Area Amendments. For projects subject to 5.05.15 B.2., the applicant shall file a Stewardship Receiving Area Amendment application, including the SOM report. Deviations to LDC section 5.05.15 shall be prohibited; further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or NIM. c. Compatibility Design Review.For projects subject to 5.05.15 B.3.,the applicant shall file a Compatibility Design Review application, including the SOM report. Supp.No.16 LDC5:104.3 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.15 D. 5.05.15 F.3. D. Criteria and staff report for conversion applications.In addition to the requirements established in LDC sections 10.02.08, 10.02.13 B., or 4.08.07, as applicable, the staff report shall evaluate the following: 1. Whether the applicant has met the requirements established in this section and development standards in the LDC. In particular, that the proposed design and use(s) of the greenway, as applicable, meet the purpose as described 5.05.15 G.2. 2. Whether the SOM report and point-counterpoint list described above reflect the discussions that took place at the SOMs. 3. Whether the applicant incorporated reasonable input provided by the stakeholders to address impacts of the golf course conversion on stakeholders' real property. 4. Whether the applicant provided an explanation as to why input from the stakeholders was not incorporated into the conceptual development plan. E. Supplemental review and approval considerations for zoning actions and Stewardship Receiving Area Amendments. The report and recommendations of the Planning Commission and Environmental Advisory Council, if applicable, to the Board shall show the Planning Commission has studied and considered the staff report for conversion applications, reasonable input from the stakeholders, the criteria established in LDC section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give attention to the design of the greenway and how it mitigates impacts to real property.Further attention shall be given to who can use the greenway.The Board shall consider the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and recommendation. F. Compatibility Design Review. For projects subject to 5.05.15 B.3.,this section is intended to address the impact of golf course conversion on real property by requiring the conceptual development plan to be reviewed for compatibility with the existing surrounding uses.The following is required: 1. Application.The Administrative Code shall establish the submittal requirements for the com- patibility design review application. 2. Public Notice.The applicant shall be responsible for meeting the requirements of LDC section 10.03.06. 3. Compatibility Design Review. The Planning Commission shall review the staff report as described in 5.05.15 D,the Compatibility Design Review application,and make a recommen- dation to the Board based on the following criteria: a. Whether the applicant has met the applicable requirements established in this section and reasonably addressed the concepts identified in LDC section 5.05.15 D.2.-D.4. b. Whether the conceptual design is compatible with the existing surrounding land uses. c. Whether a view of open space is provided that mitigates impacts to real property for the property owners that surround the golf course. d. Whether open space is retained and available for passive recreation. Supp.No.16 LDC5:104.4 SUPPLEMENTAL STANDARDS 5.05.15 F.4. 5.05.15 G.2. 4. The Board shall consider the criteria in LDC section 5.05.15 F.3., above, the staff report and the Planning Commission report and approve, approve with conditions, or deny the application. Upon approval of the application, the applicant shall obtain approval of any additional required development order, such as a SDP, construction plans, or conditional use. G. Development standards.The following are additional minimum design standards for zoning actions and Stewardship Receiving Area Amendments.The Compatibility Design Review process shall only be subject to LDC section 5.05.15 G.6. 1. Previously approved open space. Golf course acreages utilized to meet the minimum open space requirements for a previously approved project shall be retained as open space and shall not be included in open space calculations for any subsequent conversion projects. 2. Greenway.The purpose of the greenway is to retain an open space view for stakeholders, support passive recreational uses, and support existing wildlife habitat. For the purposes of this section the greenway shall be identified as a continuous strip of land set aside for passive recreational uses, such as: open space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf courses, exercise equipment, and multi-use paths.The Board may approve other passive recreational uses that were vetted at the Stakeholder Outreach Meetings.The greenway shall not include required yards (setbacks) of any individual lots. a. The greenway shall be contiguous to the existing residential properties surrounding the golf course and generally located along the perimeter of the proposed develop- ment. The Board may approve an alternative design that was vetted at the Stakeholder Outreach Meetings, as provided for in LDC section 5.05.15 C.3. b. A minimum of 35 percent of the gross area of the conversion project shall be dedicated to the greenway.The greenway shall have a minimum average width of 100 feet and no less than 75 feet at any one location. c. Maintenance of the greenway shall be identified through the zoning or and Stewardship Receiving Area Amendment process. d. The greenway may be counted towards the open space requirement for the conversion project as established in LDC section 4.02.00 except as noted in G.1. above. e. Existing trees and understory (shrubs and groundcover) shall be preserved and maintained within the greenway,except where minimal improvements are needed that provide a passive recreational use.At a minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet within the greenway.Existing trees may count toward the ratio; however, trees within preserves shall be excluded from the ratio. f. A wall or fence is not required between the greenway and the proposed develop- ment; however, should a wall or fence be constructed, the fence shall provide habitat connectivity to facilitate movement of wildlife in and around the greenway. g. A portion of the greenway may provide stormwater management; however, the greenway shall not create more than 30 percent additional lake area than exists pre-conversion in the greenway.Any newly developed lake shall be a minimum of 100 feet wide. Supp.No.24 LDC5:105 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.15 G.2. 5.05.15 H.2. h. The applicant shall record a restrictive covenant in the County's official records describing the use and maintenance of the greenway as described in the zoning action or SRA Amendment. 3. Preserve requirements. The following preserve standards supplement those established in LDC section 3.05.07. a. Where small isolated areas (of less than ' acre in size) of native vegetation (including planted areas) exist on site they may be consolidated into a created preserve that may be greater than 'h acre in size in the aggregate to meet the preserve requirement. b. Existing County approved preserve areas shall be considered as follows: i. Golf courses within a conventional zoning district. All County approved preserve areas shall be retained and may be utilized to meet the preserve requirements for the conversion project. ii. Golf courses within a PUD. All County approved preserve areas shall be retained. Preserve areas in excess of the PUD required preserve acreage may be used to meet the preserve requirement for the conversion project. 4. Stormwater management requirements.The applicant shall demonstrate that the stormwater management for the surrounding uses will be maintained at an equivalent or improved level of service.This shall be demonstrated by a pre versus post development stormwater runoff analysis. 5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain compensation shall be provided. 6. Soil and/or groundwater sampling may be deferred by the applicant to Early Work Authoriza- tion (EWA), SDP, or PPL submittal,whichever is the first to occur, if the sampling has not been completed by the rezoning, SRA amendment, or compatibility design review public hearings. See LDC Section 3.08.00 A.4.d. 7. All other development standards.The conversion of golf courses shall be consistent with the development standards in the LDC, as amended. Where conflicts arise between the provisions in this section and other provisions in the LDC, the more restrictive provision shall apply. H. Design standards for lands converted from a golf course or for a permitted use within the GC zoning district shall be subject to the following design standards. 1. Lighting.All lighting shall be designed to reduce excessive glare, light trespass and sky glow. At a minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the conversion project shall be vetted with stakeholders during the SOMs and the public hearings, as applicable. 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a minimum average 50-foot setback from lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location. (Ord. No. 17-10, § 3.D; Ord. No. 21-25, § 3.C) Supp.No.24 LDC5:106 SUPPLEMENTAL STANDARDS 5.06.00 5.06.00 A. 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION A. Definitions. The definitions of the following terms shall apply to the requirements of the Land Development Code, in particular this section 5.06.00, to be known as the "Collier County Sign Code." Activated sign:Any sign which contains or uses for illumination any light, lighting device, or lights 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. Animated sign: A sign depicting or involving action, motion, through electrical or mechanical means. Awning sign: (aka canopy sign or marquee sign): A sign suspended from or forming part of a shelter supported partially or entirely by the exterior wall of a building or structure. Banner sign: A temporary sign on lightweight material and either enclosed or not enclosed on a rigid frame, and secured or mounted to allow motion caused by the atmosphere. Billboard sign:A sign advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the premises upon which the sign is located. Bulk permit:A permit issued for any number of signs. Canopy sign: (See Awning, sign.) Changeable copy: A sign or portion of a sign upon which messages may be changed manually through the utilization of attachable letters, numbers, symbols and other similar graphics which are mounted in or on a track system. Construction sign:A sign erected on premises under construction. Directional sign: A ground or wall sign located within, or at the exit or entrance of a parcel or development. Directory sign: A sign located at the entrance to a multiple-occupancy parcel or multiple parcels developed under a unified plan of development.This sign may be a freestanding (pole, monument or ground), awning, or wall sign. Double-faced sign: 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 display the same message/graphics. Electric sign: Any sign containing electrical wiring, but not including signs illuminated by exterior light sources, such as floodlights. Flag:A sign made of material secured on 1 side from a flagpole such that the sign material hangs when not set in motion by the movement of air. Flagpole:A freestanding, ground mounted, structure or a structure mounted to a building, or to the roof of a building and used for the sole purpose of displaying a flag. Supp.No.24 LDC5:106.1 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.00 A. 5.06.00 A. Freestanding sign: (See Pole sign.) Ground sign:A sign, 8 ft.in 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 50 percent and 100 percent of the overall sign width. Hand-held sign:A sign held or waved by a person. Illuminated sign:An illuminated sign is one 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. Inflatable sign:Any object made of plastic, vinyl, or other similar material that, when inflated with gas or air, represents, advertises, or otherwise draws attention to a product, service, or activity. Institutional use: Five or more contiguous acres developed under unified ownership as part of a unified plan of development and used predominantly for educational, medical or governmental purposes. Light pole banners: Fabric panels projecting from light poles. Mansard sign: 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 project more than 18 inches from such structure, or above the roofline. Mansard signs shall be considered wall signs. Marquee sign: (See Awning sign.) Mobile billboard. Any sign displayed upon a vehicle where the principal purpose of the vehicle is not general transportation, but the display of the sign itself. Monument sign:A ground sign with low overall height.Typically, the base is nearly as wide as the sign itself. Mural sign:A sign that is a painting or an artistic work comprised of photographs or arrangements of color that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible materials that is held in place flush or flat against the surface of a building. Nonconforming sign:Any sign or advertising structure lawfully in existence within Collier County on the date this ordinance became effective (November 14, 1991) or was subsequently amended, which by its height, area, location, use or structure does not conform to the requirements of the sign code. This definition shall not be construed to include signs specifically prohibited by this LDC. Off-premise directional sign:A sign that is displayed for a building, structure, or use that is located on another premise.A billboard is not an off-premise directional sign. On-premises sign: A sign displayed on a premises.A sign containing non-commercial speech is considered an on-premises sign. Pennant sign: A triangular shaped sign or series of signs made of paper, plastic, or fabric of any kind intended to be hung by being tethered along its base. Supp.No.24 LDC5:106.2 SUPPLEMENTAL STANDARDS 5.06.00 A. 5.06.00 A. Permanent sign: A sign which is affixed to a building or the ground in such a manner as to be immobile. Pole sign:A sign, 8 feet in height or greater that is independent of support from any building, that is mounted on freestanding poles or other supports. Portable sign:Any sign which is designed to be transported by trailer or on its own wheels, even though the wheels may be removed and the remaining chassis is attached to the ground. It is characteristic of such sign that a portion of the space provided for display consists of a changeable copy sign. Project identification sign: A directional sign which provides identification or recognition of a development only; individual tenants or outparcels are not permitted to use this type of signage. Projecting sign: 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. Real estate sign:A ground or building sign erected on premises for sale, lease, or exchange. Reasonable repairs and maintenance: The work necessary to keep the sign, including the sign structure, in a good state of repair; but shall not include replacement of materials in the sign structure or any change to the graphics or message displayed. Revolving sign (a/k/a rotating sign): Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface is oriented. Roof sign:Any sign erected, constructed, or maintained either on the roof, or more than 18 inches above the roof of any building. Sandwich board/sidewalk sign:A sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of the letter A when viewed from the side.Sandwich board/sidewalk signs are not considered portable signs. Sign:Any visual representation intended to advertise, identify,or communicate information to attract the attention of the public for any purpose and includes any symbols, letters, figures, illustrations, graphics or forms painted or otherwise affixed to any structure or device. Sign area: 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. Signs consisting of detached letters shall also be measured as defined above. Sign face:The area, display surface, or part of a sign on which the graphic is placed. Sign structure:Any structure which supports or is capable of supporting sign.This definition shall not include a building to which a sign is attached. Snipe sign:A sign made of any material and attached to a utility pole, tree, fence post, stake, stick, mailbox, or any similar object. Temporary sign:A sign bearing a message which is displayed before, during and after an event, to which the sign relates, and which is scheduled to take place at a specific time and place. Supp.No.24 LDC5:106.3 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.00 A. 5.06.01 A. Unified development plan: Land, under unified control, to be planned and developed as a whole in a single development or a programmed series of development phases. V-shaped sign: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 message on both faces. Wall sign,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 from the building or structure wall, and which does not extend more than 18 inches above the roof line of the main building.Signs attached to parapet walls shall not exceed the height of the parapet wall. Window sign:A window sign which is painted on, attached to,or visible through a window,excluding displays of merchandise. (Ord. No. 09-43, § 3.B; Ord. No. 14-33, § 3.R; Ord. No. 16-22, § 3.R; Ord. No. 19-35, § 3.D) 5.06.01 Generally A. Purpose and intent.The purpose of this sign code is to provide minimum control of signs necessary to promote the health,safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to Supp.No.24 LDC5:106.4 SUPPLEMENTAL STANDARDS 5.06.01 A. 5.06.02 B.1. economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the county's appearance and economic base, and by preserving the right of free speech and expression in the display of signs. (Ord. No. 09-43, § 3.B) 5.06.02 Development Standards for Signs within Residential Districts A. Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this ordinance,and any sign permitted by this ordinance may display a noncommercial message. Noncommercial signs are subject to the same permit requirements, restrictions on size and type,and other conditions and specifications as apply to the sign for which they are being substituted. B. Applicability. Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section. 1. Development standards. a. Maximum allowable height. All signs within residential zoning districts, and as applicable to designated residential portions of PUD zoned properties, are limited to a maximum height of 8 feet, or as otherwise provided within the LDC. Height shall be measured from the lowest centerline grade of the nearest public or private right-of- way or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoning districts and as applicable to designated residential portions of PUD zoned properties shall be located no closer than 10 feet from the property line, unless otherwise noted below or as provided for in LDC section 9.03.07.When a property line encompasses a portion of the roadway, then the setback shall be no less than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, unless otherwise provided for in this section. c. If the applicant is not the property owner, then a copy of a notarized authorization letter between the property owner or property manager and the applicant is required, specifically authorizing approval of the erection of a sign on the subject parcel. d. Double-faced signs shall be measured by only one side if both sides are the same. e. The use of fluorescent colors on signs is prohibited. f. The permit number shall be displayed or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sign and, in no case,shall the permit number be less than Yz inch in size. g. For any ground sign over 32 square feet or over 8 feet in height, construction drawings shall be certified by a Florida registered engineer or a Florida registered architect. The construction drawings shall contain the plans and specifications, the method of construction, and the method of attachment to the building or the ground for pole signs and all projecting signs. Supp. No. 12 LDC5:107 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.02 B.2. 5.06.02 B.3. 2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following. a. One ground sign with a maximum height of 6 feet or wall, with a maximum area of 4 square feet, per street frontage for each parcel, or lot less than 1 acre in size. Such sign shall be located no closer than 10 feet from any adjacent residential property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. No building permit is required. b. One ground sign with a maximum height of 8 feet or wall sign,with a maximum sign area of 12 square feet, per street frontage for each parcel, or lot 1-10 acres in size. No building permit required. c. One pole sign with a maximum height of 15 feet or wall sign, with a maximum sign area of 64 square feet, per street frontage for each parcel or lot in excess of 10 acres. A building permit is required. d. Real estate signs shall be located a minimum of 10 feet from any property line. e. A real estate sign shall be removed within 7 days after a sale, rental, or exchange has been completed.A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is installed. 3. Open House Signs. a. Off-premises open house signs. i. Signs may only be displayed on supervised open house days, between the hours of 10:00 a.m. and 5:00 p.m. No flags, pennants, balloons, or other attention type devices may be used with such signs and they shall not be lighted or illuminated in any manner. ii. One sign may be placed in the public right-of-way abutting the subject property no closer than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. No building or right-of-way permit is required. iii. Two signs may be placed within the public right-of-way for a supervised open house that is available for immediate viewing and examination by prospective buyers, renters, and/or lessees. Such signs shall be located no closer than 100 feet from another sign providing direction. (No building or right-of-way permit required.) iv. Signs shall not exceed 4 square feet in area and 4 feet in height; however, any such sign placed at an intersection may not exceed 29 inches in height as per section 6.05.05 of this Code. v. Signs may be placed in the right-of-way no closer than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, and shall not interfere with the visibility of pedestrians or motorists. Additionally, signs shall not be located within any median. Supp. No. 12 LDC5:108 SUPPLEMENTAL STANDARDS 5.06.02 B.3. 5.06.02 B.S. vi. Sign Removal, Retrieval, and Disposal. Off-premises open house signs shall be prohibited except as specified above.Any such sign found to be in violation of this section shall be removed by the County Manager or designee.All such removed signs are subject to disposal by the County.This section shall not inhibit nor prevent any other enforcement actions that may be deemed appropriate. 4. Construction signs.Signs may be erected and located upon the site under construction.Such signs shall be securely built and allowed under the following restrictions. a. One ground sign with a maximum height of 6 feet or wall sign, with a maximum sign area of 4 square feet, may be used as a construction sign or as a permit board within each front yard for each parcel less than one acre in size. No building permit is required. b. One ground sign with a maximum height of 8 feet or wall sign, with a maximum sign area of 12 square feet, may be used as a construction sign or as a permit board,within each front yard for each parcel 1-10 acres in size. No building permit is required. c. One pole sign with a maximum height of 15 feet or wall sign, with a maximum sign area of 64 square feet, may be used as a construction sign or as a permit board, within each front yard for each parcel in excess of 10 acres. A building permit is required. d. In addition to those signs identified above, 1 ground or wall sign, with a maximum sign area of 4 square feet and a maximum height of 6 feet, may be used as a construction sign regardless of parcel size. No building permit required. e. Construction signs may be placed on a site when either a building permit is issued or a permit is issued to clear the site.All constructions signs shall be removed prior to the issuance of a certificate of occupancy for the structure. 5. On-premises directional signs.This provision shall apply to all new and existing residential developments within Collier County, including all created through the PUD process. In the event of a conflict between this provision and a PUD ordinance, the PUD language shall control. Directional signs are subject to the following standards: a. Each sign shall be setback a minimum of 10 feet from the edge of the roadway,paved surface or back of the curb, as applicable. b. There is no limitation on the number of directional signs provided they are separated by a minimum distance of 250 feet or a road right-of-way. c. Signs shall be no greater than 4 square feet in area and 4 feet in height. i. Exception. One on-premise directional sign with a maximum area of 24 square feet and a maximum height of 8 feet is allowed. Such sign requires a building permit. d. Directional signs shall be located internal to the subdivision or development. Supp. No. 12 LDC5:109 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.02 B.6. 5.06.02 B.B. 6. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to a multi-family or single-family development and mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall maintain a 10-foot setback from any property line unless placed on a fence or wall subject to the restrictions set forth in section 5.03.02 "Fences and Walls." Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premises signs. Bridge signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. b. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. c. Architectural embellishments less than 10 square feet in area shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than 10 feet to any sign, then the architectural embellishment shall be counted toward the permitted sign area of such sign. d. Official Address Numbers or range of Official Address Numbers shall be displayed in numerals at least 6 inches high on the upper 50 percent of the sign face and located such that it shall not be covered by landscaping or other appurtenances. Where signs are erected on streets that do not match the Official Address Number of the building, no address numbers shall be posted on the sign. 7. Signs for nonresidential uses within residential zoning districts and as applicable to designated residential portions of PUD zoned properties: a. Such signs shall follow the requirements for signs within nonresidential districts, except as follows: i. Illuminated signs shall not be allowed facing residential uses unless the nonresidential use is separated from the residential use by an arterial or collector road. ii. Commercial signage for conditional uses within residential and agricultural districts. 8. Conditional uses within the residential and agricultural districts. a. Properties granted conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet.Corner lots are permitted two such wall signs. b. Properties granted conditional uses within the agricultural district in the urban area, residential and estates districts with a street frontage of 150 feet or more are permitted a ground sign with a maximum height of 8 feet and a maximum area of 44 '4,•" square feet. Supp. No. 12 LDC5:110 SUPPLEMENTAL STANDARDS 5.06.02 B.9. 5.06.02 B.11. 9. Single-family residential signs. In all residential land use districts and agricultural district properties used for single-family residential use as designated in the Collier County Land Development Code, a. One noncommercial ground or wall sign shall be allowed per premise, not to exceed 6 square feet in sign area or 3 feet in height. b. Home occupation signs are not permitted. See section 5.02.00. c. Nothing contained in this section shall be construed to permit the display of signs when otherwise prohibited or restricted by private restrictions or covenants of residential property. 10. Mobile billboard. It shall be unlawful for any person to display any mobile billboard. 11. Flags&Flagpoles. Residential properties including Estates, Con&Agricultural zoned districts with residential uses that have been issued a certificate of occupancy are permitted up to three flags on a single flagpole. a. On single-family and duplex lots a flagpole shall not exceed 30 feet in height above finished grade or extend more than 20 feet from any building to which it is are attached. b. On all other residentially zoned parcels a flagpole shall not exceed 35 feet in height above finished grade or extend more than 20 feet from any building to which it is attached. c. Residential developments at least 10 acres in size having multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress/egress off an arterial or collector road, provided that there is a minimum 300-foot separation between entrances. i. Four additional flagpoles may be permitted within a residential development provided that the flagpoles are not visible to motorists along any frontage roadways. d. Flagpoles shall have the flagpole foundation or flagpole attachment design/ construction plan signed and sealed by a professional engineer licensed in the State of Florida.The design/construction plan shall indicate the maximum flag area that the flagpole is capable of supporting, with the following exception: Single family and duplex lots with a flagpole less than 15 feet in height. No permit required. e. All flagpoles shall have a minimum five foot setback from all property lines. f. All flagpoles that are permitted must display their permit number at the base of the flagpole in, at minimum, '/ inch numerals. Supp. No. 12 LDC5:111 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.02 B.12. 5.06.02 B.14. 12. Community Amenities Signs. a. Amenity sign. A community center, clubhouse, health spa, tennis club, and other recreational facilities intended primarily to serve the residential communities and/or residential components of a PUD are allowed to have amenity signs located interior to the residential development and shall not be visible from external roadways. This provision shall apply to all new and existing residential developments within Collier County, including all created through the PUD process. In the event of a conflict between this provision and a PUD ordinance, the PUD language shall control. The following amenity signs are allowed: A maximum of 2 ground signs with a height of 8 feet and a sign copy area of no more than 32 square feet per sign. Signs shall be located at the main entrance to the facility. A minimum 10 foot setback from the property line or road right-of-way is required. ii. A maximum of 1 wall sign, pursuant to section 5.06.02 B.7. b. Information sign.A community information sign shall be no larger than 6 feet in height and 16 square feet in area. An informational sign shall be located interior to the subdivision or residential development. 13. Light Pole Banner. Light pole banners shall be located interior to residential develop- ments and/or residential components of a PUD and shall not be visible from external roadways. One light pole banner may be attached to community street light poles with a minimum clearance of 8 feet, measured from the lowest point of the light pole banner bracket. Light pole banners shall be no more than 12 square feet per banner.This provision shall apply to all new and existing residential developments within Collier County, including all created through the PUD process. In the event of a conflict between this provision and a PUD ordinance, the PUD language shall control. a. Residential communities shall be responsible for the maintenance of all light pole banners. No permit is required to install a light pole banner. 14. Boundary Marker sign. One boundary marker sign or monument structure may be located at each property corner.The boundary marker may contain the name of the subdivision and the insignia or motto of the development. This provision shall apply to all new and existing residential developments within Collier County, including all created through the PUD process. In the event of a conflict between this provision and a PUD ordinance, the PUD language shall control. a. The maximum height is 8 feet to the uppermost portion of the boundary marker structure. b. The sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located. c. Minimum setback from all property lines and road right-of-way is 10 feet. Supp. No. 12 LDC5:112 SUPPLEMENTAL STANDARDS 5.06.02 B.14. 5.06.04 C.6. d. A maximum of two boundary markers shall be allowed on any one road frontage, provided that boundary markers are separated by a minimum distance of 250 feet. (Ord. No. 09-43, § 3.B; Ord. No. 12-38, § 3.T; Ord. No. 13-56, § 3.U; Ord. No. 14-33, § 3.S) 5.06.03 Development Standards for Signs for Institutional Uses A. Applicability. These requirements apply to signs for institutional use facilities where signs are informational and contain no commercial message. 1. Signage for these facilities is exempt from the requirements provided in section 5.06.02 B.8 Conditional uses within residential and agricultural districts. 2. In addition,the number of signs, location and distance restrictions per section 5.06.04 F.shall not apply to institutional use signage. 3. Applications for such sign permits must be applied for according to the requirements of section 5.06.11 of the LDC. (Ord. No. 09-43, § 3.B; Ord. No. 12-38, § 3.U) 5.06.04 Development Standards for Signs in Nonresidential Districts. A. Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this ordinance,and any sign permitted by this ordinance may display a noncommercial message. Noncommercial signs are subject to the same permit requirements, restrictions on size and type,and other conditions and specifications as apply to the sign for which they are being substituted. B. Applicability. Signs within nonresidential zoning districts and in designated nonresidential portions of PUD zoned properties shall be permitted as provided for in this section. C. Development standards. 1. The maximum size limitation shall apply to each sign structure or sign area, whichever is applicable. Pole or ground signs may be placed back to back or in V-type construction,when both sides bear the same graphic display;then such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. The use of accent lighting as defined by the Land Development Code is prohibited. 4. The use of fluorescent colors on signs is prohibited. 5. If the applicant is not the owner of the property,then a copy of a notarized authorization letter between the property owner or property manager and the applicant is required, specifically authorizing approval of the erection of a sign on the subject parcel. 6. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face for commercial signage that utilizes the following sign types: pole sign, ground sign, and directory sign. Address numbers on signs shall be a minimum height of 8 inches. Where signs are erected on streets that do not match the Supp. No. 14 LDC5:113 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.04 C.6. 5.06.04 E.1. �.. building address, no address numbers shall be posted on the sign. Address numbers shall not count as sign message or graphics, unless address numbers exceed 12 inches in height. 7. The permit or application number shall be displayed or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sign and, in no case,shall the permit number be less than inch in height. 8. Double-faced signs shall be measured by one side only if both sides display the same graphics. 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit or clearing permit has been issued, with the exception of real estate signs which may be allowed on parcels less than 10 acres. 10. For any ground sign over 32 square feet or over 8 feet in height, construction drawings shall be certified by a Florida registered engineer or a Florida registered architect.The construction drawings shall contain the plans and specifications, the method of construction, and the method of attachment to the building or the ground for pole signs and all projecting signs. 11. Sign area shall be no lower than 24 inches above grade. D. Real estate signs shall be permitted in nonresidential districts subject to the following: 1. One ground sign with a maximum height of 8 feet or wall sign with a maximum sign area of 12 square feet per street frontage for each parcel, or lot less than 1 acre in size. No building permit is required. 2. One ground sign with a maximum height of 8 feet or wall sign with a maximum area of 32 square feet per street frontage for each parcel, or lot of 1-10 acres in size. No building permit is required. 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum sign area of 64 square feet per street frontage for each parcel or lot in excess of 10 acres in size.A building permit is required. 4. Real estate signs shall be located no closer than 10 feet from any property line. When a property line encompasses a portion of the road, then the setback shall be no less than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, unless otherwise provided for in this section. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within 7 days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent, lease or exchange. E. Construction signs. Signs may be erected and located upon a site under construction. Such signs shall be securely built, and allowed under the following: •.- 1. Signs shall be located a minimum of 10 feet from any property line. Supp. No. 14 LDC5:114 SUPPLEMENTAL STANDARDS 5.06.04 E.2. 5.06.04 F.1. 2. One ground sign with a maximum height of 8 feet or wall sign with a maximum sign area of 12 square feet is allowed within each front yard for each parcel less than one acre in size. No building permit is required. 3. One ground sign with a maximum height of 8 feet or wall sign with a maximum sign area of 32 square feet is allowed within each front yard for each parcel 1-10 acres in area. No building permit is required. 4. One pole sign with a maximum height of 15 feet or wall sign, with a maximum sign area of 64 square feet is allowed within each front yard for each parcel in excess of 10 acres in size. A building permit is required. 5. In addition to those signs identified above, 1 ground or wall sign, with a maximum area of 4 square feet and a maximum height of 6 feet, may be used as a construction sign regardless of parcel size. No building permit required. 6. Construction signs may be placed on a site when either a building permit is issued or a permit is issued to clear the site. All constructions signs shall be removed prior to the issuance of a certificate of occupancy for the structure. F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, 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 each sign is separated by a minimum of 1,000 feet as measured along the street frontage, and all setback requirements are met. a. Maximum allowable height. All pole or ground signs within nonresidential zoning districts and as applicable to designated nonresidential portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector road and 12 feet for all other roads,except as otherwise provided herein. Height shall be measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoning districts, and as applicable to designated nonresidential portions of PUD zoned properties, shall be located no closer than 10 feet from any property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector road and 60 square feet for all other roads. d. Pole signs and, where applicable, 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 accessory. e. A minimum 100 square foot landscaping area shall be provided around the base of any ground sign or pole sign. Supp. No. 14 LDC5:115 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.04 F.1. 5.06.04 F.1. f. Ground signs for smaller lots. Single occupancy or multiple occupancy parcels shall be allowed 1 ground sign provided the following requirements, as applicable, are met: For those lots or parcels with public road frontage of no less than 75 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 landscaping area of no less than 100 square feet shall be provided around the base of the ground sign. c) The ground sign design shall include features common to those used in the design of the building(s)to which the sign is accessory. d) The ground sign may be double-sided but cannot be placed in a V-shape. e) Any illumination of the sign shall be non-revolving and shine away from any right-of-way, unless otherwise provided for in this section. An electrical permit is required and the sign shall meet the standards of the National Electric Code, as adopted by Collier County. f) The Official Address Numbers and/or the range of Official Address Numbers for the property shall be displayed in numerals at least 8 inches high on all of the sign faces and shall be located so as to not be covered by landscaping or other impediments;Address numbers shall not count as sign message or graphics, unless address numbers exceed 12 inches in height. g) No other freestanding signs shall be allowed on the same lot or parcel. ii. Maximum height and sign area. a) 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: i) 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 ii) The maximum allowable sign area is 32 square feet. b) For those lots or parcels with frontage of 75 to 120.9 feet: i) 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 Supp. No. 14 LDC5:116 SUPPLEMENTAL STANDARDS 5.06.04 F.1. 5.06.04 F.4. ii) The maximum allowable sign area is 16 square feet. 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of an outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code, outparcels may by allowed 1 additional 60 square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed 2 signs; and, b. A single ground sign for outparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sign at one entrance on each public street. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private right-of- way or easement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 10 feet from the property line, unless otherwise noted below or as provided for in section 9.03.07. c. Maximum allowable sign area: 200 square feet for directory signs. d. A minimum 100 square foot landscaping area shall be provided around the base of any directory sign. 4. Wall, mansard,canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. Sign(s) shall be affixed to the associated tenant or lease holder's unit, with exceptions for architectural design impediments, as noted in LDC section 5.06.04 F.4.b. End units within shopping centers and multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by the LDC. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet,200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. Supp. No. 14 LDC5:117 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.04 F.4. 5.06.04 F.4. �.. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building with a minimum of 10 percent clear area on each outer edge of the unit(s) or of the building. Exceptions may be granted for architectural design impediments subject to noted approval(s). i. The clear area may be reduced in width or eliminated provided approval is granted by the County Manager or designee. ii. A sign may encroach onto an adjacent unit provided the following: a) Approval is granted by the County Manager or designee; and b) A notarized authorization letter is required at the time of building permit submittal from the property owner or property management company giving authorization for the sign installation and encroach- ment onto the adjacent tenant space. c. No wall or mansard sign shall project more than 18 inches from the building or roofline or exceed the height of the parapet wall to which it is attached. d. Additional signs are allowed on facades located interior to courtyards and shopping malls and the like provided the signs are not visible from any public property (e.g. street, right-of-way, sidewalk, alley), interior drive, parking lot or adjacent private property. e. In addition, any non-illuminated, non-reflective signs located in a window shall not exceed 25 percent of each window area. No building permit required. i. Signs located in windows shall not be illuminated in any manner with the following exception: a) One sign per business establishment that is located in a window may have 2.25 square feet of illuminated signage. f. Multi-story buildings with 3 or more stories are limited to 1 wall sign per street frontage not to exceed a maximum of 2 wall signs per building, but such signs shall not be placed on the same wall. Wall signs may be located in the uppermost portion of the building not to exceed the main roof or parapet. A notarized authorization letter is required at the time of building permit submittal from the property owner or property management company giving authorization as to which tenant signs will be allowed. ii. On first floor commercial units only, 1 wall sign shall be allowed not to exceed 20 percent of the total square footage of the visual facade of the unit to which the sign will be attached and shall not in any case exceed 64 square feet. This sign shall be located solely on the facade of the unit which the �-- tenant occupies. Supp. No. 14 LDC5:118 SUPPLEMENTAL STANDARDS 5.06.04 F.4. 5.06.04 F.B. g. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch.62.art. II], and the Coastal Building Zone Ordinance[Code ch. 22, art. VIII].Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. 5. Menu boards: One sign with a maximum height of 6 feet measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru lane, not to exceed 2 signs per parcel. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than 4 feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. 7. Under-canopy/blade signs. In addition to any other sign allowed by this Code, one under-canopy/blade sign shall be allowed for each unit in a multiple-occupancy develop- ment.This sign shall not exceed 6 square feet in area and shall be a minimum of 8 feet above finished grade. Under-canopy/blade signs do not require a building permit unless the sign is equipped with an electrical component. 8. Flags & flagpoles. Nonresidential zoned properties that have been issued a certificate of occupancy are permitted up to 3 flags on a single flagpole. a. On all nonresidential zoned properties, a flagpole shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which it is attached. b. Non-residential developments at least 10 acres in size having multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress/egress off an arterial or collector road, provided that there is a minimum 300-foot separation between entrances. i. Four additional flagpoles may be permitted within a non-residential devel- opment provided that the flagpoles are not visible to motorists along any N.impr frontage roadways. Supp. No. 14 LDC5:119 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.04 F.8. 5.06.04 F.10. c. All nonresidential flagpoles shall have the flagpole foundation or flagpole attachment design/construction plan signed and sealed by a design professional as provided for in the Florida Building Code. The design/construction plan shall indicate the maximum flag area that the flagpole is capable of supporting. d. All flagpoles shall have a minimum 5-foot setback from all property lines. e. All flagpoles that are permitted must display their permit number at the base of the flagpole in numerals a minimum of '/2 inch in height. 9. On-premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall not exceed 6 square feet in area. On-premises directional signs shall not exceed 4 feet in height unless located on the side of the building. On-premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. 10. On-premise signs within agricultural districts. a. In the rural agricultural area designated on the future land use map of the growth management plan.On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Zoning Ordinance only, and subject to the following restrictions: i. One pole or ground sign, located at the entrance or gate of each street frontage.The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property line, public or private right-of-way or easement. b. On-premises signs within agricultural zoning districts in the urban area shall comply with the requirements of section 5.06.04 of the Land Development Code. c. Wall,mansard canopy or awning signs within agricultural districts.Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Land Develop- ment Code, and subject to the following restrictions: One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double-frontage parcels shall be allowed 1 sign per street frontage,but such signs shall not �.- be combined for the purpose of placing the combined area on one wall. The Supp. No. 14 LDC5:120 SUPPLEMENTAL STANDARDS 5.06.04 F.10. 5.06.04 G.2. maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 11. Illuminated signs.All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or fluorescent; and shall have a steady non-fluctuating or non-undulating light source. 12. Mobile billboard. It shall be unlawful for any person to display any mobile billboard. 13. See section 5.05.05 of this Code for signage regulations for automobile service stations. 14. Sandwich Board/Sidewalk Signs may be permitted subject the following conditions: a. One nonilluminated sandwich board/sidewalk sign is allowed per business establish- ment. b. The sign must be placed on the private property and within 10 feet of the front door of the business or within a designated outdoor eating area.Signs shall allow a 3 foot passage way for pedestrian accessibility and shall not block access to an entrance. c. The size of the sign shall be no more than 30 inches wide and 42 inches in height. The sign must be weighted at the base to provide stability.A maximum of 2 sign faces are allowed per sign. d. The sign must be moved inside the business when the business is closed. G. Off-premises directional signs. Off-premises directional signs are permitted if the following requirements are met: 1. Off-premises directional signs shall be permitted only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs. 2. No more than 2 one-sided or 1 double-sided off-premise directional signs shall be permitted for a building,structure, or use which is not visible from the roadway serving such building, structure, or use, provided: a. Each sign shall not be more than 12 square feet in area. b. The sign shall not be more than 8 feet in height above the lowest center grade of the roadway adjacent to the sign location. c. The sign shall not be located closer than 10 feet to any property line. d. The applicant shall submit with the permit application, a notarized written letter of permission from the property owner where the off-premises directional sign is to be located. Supp.No.20 LDC5:121 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.04 G.2. 5.06.06 A.S. e. The sign shall be located no more than 1,000 feet from the building, structure, or use for which the sign is displayed. 3. Off-premises directional signs shall be located a minimum of 50 feet from a residential zoning district. 4. Off-premises directional signs shall be located a minimum of 100 feet from another off-premises directional sign. (Ord.No.09-43, §3.B;Ord.No.09-55, §3.C;Ord.No.12-38, §3.V;Ord.No. 13-56, §3.V;Ord.No. 14-33, §3.T; Ord. No. 15-44, § 3.1) 5.06.05 Exemptions from These Regulations The following signs and actions are exempt from the permit requirements of the LDC, and shall be permitted in all districts subject to the limitations set forth below: A. Signs authorized to be displayed by law or by governmental order, rule or regulation. 1. Prohibitory signs (e.g., no dumping, no trespassing) 3 square feet in size or less and no more than six feet in height unless mounted to a building may be allowed without a permit. 2. Reasonable repairs and maintenance. 3. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per side, per sign. Signs shall be oriented along the fence or wall to face the fields(s)or playing area,and away from any adjacent public or private roads. 4. Religious displays that do not constitute advertising and which are consistent with the requirements of LDC section 5.06.04 F.11, regarding illumination. (Ord. No.09-43, § 3.B; Ord. No. 12-38, § 3.W; Ord. No. 14-33, § 3.U) 5.06.06 Prohibited Signs A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 1. Unpermitted snipe signs. 2. Permanent signs located within County rights-of-way without a right-of-way permit. 3. Portable signs. 4. Roof signs. 5. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: a. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and b. Taken as a whole, lacks serious literary, artistic, political or scientific value. Supp.No.20 LDC5:122 SUPPLEMENTAL STANDARDS 5.06.06 A.6. 5.06.07 B.3. 6. Animated signs or activated signs. Except see Section 5.05.05 C.4 for electronic fuel pricing signs when located along an arterial or collector road right-of-way. 7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4 for electronic fuel pricing signs when located along an arterial or collector road right-of-way. 8. Any sign not in conformance with the requirements in sections 5.06.00 through 5.06.05 and 5.06.09. (Ord. No. 09-43, § 3.B; Ord. No. 14-33, § 3.V; Ord. No. 19-35, § 3.E) 5.06.07 Enforcement A. General. No sign shall be erected, placed, altered or moved unless in conformity with this Code.All signs located within Collier County shall comply with the following requirements: 1. The issuance of a sign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. All signs for which a permit is required shall be subject to inspections by the County Manager or designee. The County Manager or designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours, unless an emergency exists.The County Manager or designee may order the removal of any sign that is not in compliance with the provisions of this Code, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. 3. The County Manager or designee shall be charged with interpretation and enforcement of this Code. B. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner,tenant, and/or occupant of any land or structure, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. 2. Where any sign or part thereof violates this Code, the County Manager or his designee may institute any appropriate action or proceedings to prevent, restrain,correct,or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or other persons maintaining the sign, or owner, or lessee of the land where the sign is located. 3. If a sign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by Collier County shall govern. Supp.No.20 LDC5:123 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.07 B.4. 5.06.08 B.1. 4. Code enforcement shall immediately remove all signs in violation of this sign code that are located in or upon public rights-of-way or public property. 5. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code,such person,firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed$1,000.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. b. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. Chapter 162. (Ord. No. 09-43, § 3.B) 5.06.08 Sign Variances A. Applicability. A variance may be authorized by the Board of Zoning Appeals for any required dimensional standard for a sign, including the following: height, area, and location;maximum number of, and minimum setback for signs. B. Variances for signs.The Board of Zoning Appeals may authorize a variance from the terms of the sign code, based upon the evidence given in public hearing;the findings of the Planning Commission;and the submittal of a completed variance application. 1. Variance criteria.A variance from the terms of this sign code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands,structures or buildings in the same zoning district. Supp.No.20 LDC5:124 SUPPLEMENTAL STANDARDS 5.06.08 B.1. 5.06.10 A. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. 2. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures and buildings in other districts shall be considered grounds for the issuance of a sign variance. C. The Board of Zoning Appeals shall adopt regulations for the review of applications for variances under this section, including regulations for variance applications and notice and hearing procedures.The Board of Zoning Appeals shall make a decision on an application for a sign variance within 60 days after the Planning Commission has rendered a recommendation to the Board. (Ord. No. 09-43, § 3.B) 5.06.09 Nonconforming Signs A. A nonconforming sign shall not be enlarged or altered in a way that increases its degree of nonconformity. If any sign or portion thereof is to be altered, then the sign/sign structure is to be brought into compliance with all current provisions of the LDC. 1. Change in sign copy. Notwithstanding the above, a change in sign copy to a nonconforming sign structure shall be permitted and shall require a building permit.However, if the change in sign copy includes a change in size,shape,or function of the sign structure, it shall require the nonconforming sign to be removed or altered so as to conform to the regulations contained within the LDC. B. A nonconforming sign shall not be structurally altered to prolong the life of the sign. Reasonable repair and maintenance of nonconforming signs, is permitted. C. Should a nonconforming sign be damaged or destroyed by any means to an extent of more than 50 percent of its replacement value, it shall not be reconstructed except in conformance with the sign code. D. Subject to the provisions of Section 70.20, Florida Statutes, a nonconforming sign, that has not displayed an on-premises message for a period of 90 consecutive calendar days shall be presumed to be abandoned by its owner.This presumption can be overcome by clear and convincing evidence of non-abandonment. E. Nothing contained in this sign code shall be construed to relieve any person of the obligation to remove a sign which was required to be removed under prior law or ordinance. (Ord. No. 09-43, § 3.B; Ord. No. 14-33, § 3.W) 5.06.10 Removal of Prohibited or Abandoned Signs. A. Prohibited signs on public property or in the right-of-way shall be removed immediately, and may be removed by the County without notice. Supp.No.20 LDC5:125 COLLIER COUNTY LAND DEVELOPMENT CODE 5.06.10 B. 5.06.11 A.3. ._ B. The owner, agent or person in charge of the premises shall remove all nonconforming abandoned signs and sign structures within 30 days after receipt of written notification.If the sign is not removed in a timely manner, then the violation shall be referred to the Code Enforcement Board. C. A conforming sign or sign structure shall be considered a conforming abandoned sign or sign structure 90 days after a business ceases operation at that location.The owner, agent or person in charge of the premises shall replace the sign face with a blank panel on all conforming abandoned signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign face is not replaced with a blank panel in a timely manner, the violation shall be referred to the Code Enforcement Board. 1. All conforming abandoned signs and sign structures shall remain with the blank panels for no more than 3 years after a business ceases operation at that location.The owner, agent or person in charge of the premises shall remove all signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign or sign structure are not timely removed, the violation shall be referred to the Code Enforcement Board. D. When all buildings on a site are being demolished, all signs and sign structures must be removed from the site at the same time.The owner, agent or person in charge of the premises shall be required to include all signs being removed on the demolition permit.However, if the site is under consideration for a site plan and has a conforming sign and sign structure, the County Manager or designee may allow the owner, agent or person in charge of the premises to maintain the sign and/or the sign structure while under site plan consideration for a maximum of 1 year. E. The owner, agent or person in charge of a vacant property (no buildings) that has a sign or sign structure shall be required to remove all signs and sign structures within 30 days after notice by the County Manager or designee. If the signs and sign structures are not removed in a timely manner, the violation shall be referred to the Code Enforcement Board. (Ord. No. 09-43, § 3.B) 5.06.11 Permit Application and Review Process for Signs A. Building Permit applications for signs. 1. General. Any person who wishes to construct, install, rebuild, reconstruct, relocate, alter, or change the message of any sign shall apply for and receive a building permit in accordance with Collier County Ordinances and the Florida Building Code as adopted by Collier County prior to the commencement of any work. A building permit will be issued by the County Manager or designee, provided that all permit requirements of the LDC and all other applicable provisions of the Collier County ordinances and regulations have been met. 2. Process. The Administrative Code shall establish the application requirements and review process for sign permits. All drawings, plans, and specifications for pole signs, projecting signs, and any ground sign over 32 square feet or over 8 feet in height must be submitted and certified by a Florida registered design professional. 3. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. Supp.No.20 LDC5:126 SUPPLEMENTAL STANDARDS 5.06.11 A.4. 5.06.11 B.3. 4. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. B. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. 1. Within 30 days of the date of the written denial sent by certified mail return receipt requested by the County Manager or designee, the applicant may appeal the permit denial to the Building Board of Adjustments. 2. A request for appeal shall be filed in writing.Such request shall state the basis for the appeal and shall include any pertinent information, exhibits, and other backup information in support of the appeal.A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. The Building Board of Adjustments and Appeals shall hold an advertised public hearing on the appeal and shall consider the denial of the County Manager or designee or building official, whichever is applicable. 3. Time limitations on appeals. The Board of Zoning Adjustment and the Building Board of Adjustments and Appeals shall make their decision on an appeal within 60 days after a request for an appeal has been filed in writing.Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. (Ord. No.09-43, § 3.B; Ord. No. 13-56, § 3.W) Supp.No.20 LDC5:127