Ordinance 98-063 ORDINANCE NO. 98- L
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES TIlE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPO~TED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION TIIREE, ADOPTION OF AMENDMENTS TO TIlE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRI~S, PERMI~ED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS;
DIVISION 2.6, SUPPLEMENTAL DISTRI~ REGULATIONS;
ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE
DEVELOPMENT PLANS; DIVISION 3.9. VEGETATION
REMOVAL, PROTECTION AND PRESERVATION; ARTICLE 6,
DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED
TO THE DEFINITIONS OF SINGLE FAMILY DWELLING,
RU~L SUBDIVISION AND CONSTRU~ION SIGN; APPENDIX
B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY
STANDARDS; SE~!ON FOUR, CONFLI~ AND
SEVE~B1L1TY; SECTION FIVE, INCLUSION IN THE LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-I 02, the Collier County Land Development Code (hereinafter LDC), which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, in this calendar year; and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on June 10, 1998 and June 24, 1998, and did take action concerning these
amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
i .NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
u El th
Co nty, orida, at:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set
forth.
Words ~ are deleted, words ~ ar~ added,
I
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
!. Collier County, pursuant to See. 163.3161, et rz.c..q., Fla. Slat., the Florida Local Govemment
Comprehensive Planning and Land Development Regulations Act (heroinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular See. 163-3202(I). Fla.
Slat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Slat., provides lhat it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as
required by the Act.
4. See. 163.3194(I)(b), Fla. Slat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent
with the adopted Comprehensive Plan, or element or portion thereof, shall be mended so as to be
consistent.
5. See. 163.3202(3), Fla. Slat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(heroinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of See. 1634.3161 et e,L~. Fla. Slat., and Rule 9J-5, F.A.C.
7. See. 163.3194(1)(a), Fla. Slat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all
actions taken in regard to development orders by, govemmental agencies in regard to land covered by such,
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to See. 163.3194(3)(a), Fla. Star., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Slat., requires that a development approved or undertaken by
a local government shall be consistent with the Comprehensive Plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
il. Collier County finds that the Land Development Code is intended and necessary to
preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate
use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within the total
unincorporated are of Collier County and it is intended that this Land Development Code preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience,
and general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of transportation, water,
sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve,
Words ol,~ek-!4.~.~ are deleted, words ~ arc added.
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develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect
human, environmental, social, and economic resources; and maintain through ordcrly growth and
development, the character and stability of present and future land uses and development in Collicr
County.
12. it is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Codc in accordancc with the provisions of the Collier County Comprehensive Plan,
Chaptcr 125, Fla. Slat., and Chapter 163, Fla. Slat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
See. 2.2.5. Residential multiple-family - 6 district (RMF-6).
2.2.5.4. Dimensional Standards: The following dimensional standards shall apply to all permitted
housing Structure typeS, accessory, and conditional uses in the RMF-6 district.
~ingle F~milv: 6.~00 s~uarc feet except eS provided at ~ecfio, 2,2~.43, and 2~6.27.
Tw~-F~milv: ]2.000 s~uarc feet cxccm as ~rovidcd at ~ection 2.6.27~
Three or more Dwelling Unit Structures: 5,~00 ~quarc feet per dw~:!ling unit except as
heroin further provided.
2.2.5.4.2. Minimum Lot Width: One h'--'ndred feet
Single Family; 60 feel
Two Fatal!l,.' 80 feet
Three or more Dwelling Unit Structures: 1 O0 feet
2.2.5.4.3. Minimum Yard Requirements {except as further proyided at Secljo. n 2.6.27},
-h : .
~. · : .
Words slfiiek-lh4,eugk arc deleted. words .underlined are added.
3
The followinR minimum Yard requirements.. are. in relation to plaucd boundaries;
Front Yard Minimum Yard Rear Yard
One (Sin~le') Family - 25' .7 Vz' ~O'
Two UniVFamilY 25' l 0' * 20'
~ellin~ Units
~ or MOg Family 30' 15'* 20'
D~vcllinR Units
· ~cm fee simple Io~ ar~ created for each dwcllin2 unit side Yards arc ~asu~d fro~ th~
outside wall of the p~ncinal structure within which the dwelling unit is Ioc~tqd,
2.2.5.4.7. Development Standar~ for Non-Conforming Lots of Record: ~. t.,, ....
NOthing begin confined shall prohibit the use of a ola~¢d lot of ~cord for a single
f~iIy detached dwcllinB unit. igs~ctive or its dimensional and a~ m¢~ur~m~nts,
Combinatio~ of platted lots of record arc othe~isc ~ittcd to achieve the minimum
~imensional ~d ga requirements for each housin~ stmctu~ tY~ ~ descried in th;
f0regOin~ sections.
Scc. 2.2.13. Commercial convenience district (C-2).
2.2.13.4.1 I. Distance between structures. If there is a separation ~twccn any two principal
o~ th~3ame parcel, ~aid separation shall be a minimum of 15 feet 0r a disrace equal to
one-half the ~um of ;heir heights, whichever is the ~reater,
Sec. 2.2.14. Commercial intermediate district (C-3).
2,2,14,4.10.. [,ighdng. LiEbeing facilities shall be arranRed in a manner that protects roadways and
neighboring properties from direct clare or other interference,
2.2.14.4. i 1. Distance between strHct~res. If there is a separation between any two principal ~Wu<;tvrcs
on the. same oarcol. said separation shall be a minimum of 15 feet or a distance equal to
one-hal f the sum of (heir hci ~,hts, whk:hever is the areatar.
OSee. 2.2.15. General commercial district (C-4).
2.2.15.4.11. pi~;tOnce between structures. If~er_e is a separation between any two principal structures
on the same. Darnel, said separation shall be a minimum of 15 feet Or a distance_ equal to
one-half the sum of their heights, whichever i~ the greater,
See. 2.2.151/2. tteavy commercial district (C-5}.
Words etaede4k, euSk are deleted, words underlined arc Isddcd.
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2.2.151/2.4.1 !. DIstance between structures. If there is a senaration between any two nrincinal structures
on the same ~rcel. said separation shall be a minimum of 15 feet or a distance equal to
one-half the sum of their heights. whichever is the Greater,
See. 2.2.16. Industrial district (l).
2.2.16.2. Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section, are
permitted as a right, or as uses accessory to permitted uses in the industrial district (1).
2.2.16.2. l. Permitted uses.
I. Agricultural services (groups 0711, except that chemical treatment of soil for crops,
fertilizer application for crops and lime spreading for crops shall be a minimum of
500 feet from a residential zoning district, 0721, except that aerial dusting and
spraying, disease control for crops, spraying crops, dusting crops, and insect control
for crops (with or without fertilizing) shall be a minimum of 500 feet from a
residential zoning district, 0722-0724, 0761,0782, 0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Barber shops (groun 7241'L
5. B~a~u~v shops or salons (7231 }.
Buildin~ construction (groups 1521-1542).
-5.7. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389, including
auction rooms (5999), subject to parking and landscaping for retail use).
6:8. Communications (groups 4812-4899 including communications towers up to
specified heights, subject to section 2.6.35):
:7-:9. Construction - special trade contractors (groups 171 I-1799).
8=.10. Depository and nondepository institutions (groups 6011-6163).
~.11. Eating places (5812).
-i~.12. Educational services (8243-8249).
4--k13. Electronic and other electrical equipment (groups 3612-3699).
-1~..14. Engineering, accounting, research, management and related services (groups 871 I-
8748).
4-3~15. Fabricated metal products (groups 3411-3479, 3491-3499).
44,.16. Food and kindred products (groups 2011-2099 except slaughtering plants).
-1~.17. Furniture and fixtures (groups 2511-2599).
18. GUB~mith shop} (group 7699) with ~cceF~s. ory s~hgo/,in_e ranEe for testing and I~}nimz
e;.x~;~;ot for outdoor shootin~ ranues.
44:.19. Heavy construction (groups 1611-1629).
4-720. Health services (801 i accessory to industrial activities conducted on-site only).
Words emeele4be.meth ar~ deleted, words ~ndqrlin~ are added.
4-8=.21. Industrial and commercial machinery and computer equipment (3511-3599).
44.22. Leather and leather products (groups 3131-3 ! 99).
~41:.23. Local and suburban transit (groups 4111-4173).
~4=.24. Lumber and wood products (groups 2426, 243 ! -2499).
L1~.25. Measuring, analyzing, and controlling instruments; photographic, medical and
optical goods; watchcs and clocks (groups 3812-3873).
2-3=.26. Membership organizations (groups 8611, 8631).
24.27, Miscellaneous manufacturing industries (groups 391 !-3999).
2~.2_~.8 Motor freight transportation and warehousing (groups 4212, 4213-4225, 4226
except oil and gas storage, and pctrolcurn and chemical bulk stations).
2-6:29. Paper and allied products (2621-2679).
2--7-:30. Pcrsonal services (groups 7211-7219).
2-~.31. Physical fitncss facilities (7991).
24:.32, Printing, publishing and allied industries (groups 2711-2796).
~I:.33, Railroad transportation (4011,4013).
-34.34, Rubbc; and misccllancous plastics products (groups 3021, 3052, 3053).
~..35, Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255-3273,
3275, 3281).
~3=.36, Textile mill products (groups 2211-2221,2241-2259, 2273-2289, 2297, 2298).
~4=.37. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769/
3792, 3799).
~.38, Transportation by air (groups 4512-4581 except airports and flying fields).
~t6=.39. Transportation services (groups 4731-4783, 4789 except stockyards).
37.40. United States Postal Service (4311).
3g?l. Welding repair (7692).
39?2. Wholesale trade - durable goods (groups 5012-5014, 5021-5049, 5063-5092, 5094-
5099).
40-A._l, Wholesale trade - nondurable goods (groups 5111-5159, 5181, 5182, 5!91 except
that wholesale distribution of chemicals, fertilizers, insecticides, and pesticidcs shall
be a minimum of 500 feet from a residential zoning district (5192-5199).
e ~!?.4~ Any other use which is comparable in nature with the foregoing uses and is
otherwise clearly consistent with the intent and purpose statcmcnt of the district.
~.2.16.4.1 !, pittance between ~fructures, If there i$ ~ sc~aratiort between any two l~rincit~al structures
9B the same oarccl. said separation shall be a minimum of 15 fcct or a distance eoual tu
_one-half the sum of their hcilzhts. whichever is the szreatcr.
Sec. 2.2.19, Community facility district (CF).
Words .....s. ,,- .....k arc deleted, words ~ndcrlincd ar~ added.
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2.2.19.2. Permitted uses. The following uses arc permitted as of fight, or as uses accessory to
permittcd uses, in the community facility district (CF).
2.2.19.2. I. Permitted uses.
I. Child care centers.
2. Churches and houses of worship.
3. Civic and cultural facilities.
4. Museums.
5. Nursing homes, assisted living facilities (ALF) pursuant to s 400.402 F.S. and ch.
I 58A-5 F.A.C., family care facilities, group care facilities (category I) and
continuing care residential communltics pursuant to s 651 F.S. and ch. 4-193 F.A.C.
all subject to section 2.6.26.
6. Parks and playgrounds, noncommercial recreation facilities, open space uses.
7. Public, private and parochial schools.
8. Social and fraternal organizations.
9. Educational services ('~rouDs 821 i - 823B.
Sec. 2.2.24 Special treatment overlay district (ST); special regulations for areas of environmental
sensitivit~ and lands and structures of historical and/or archeological significance and
the Big Cyprus Area of Critical State Concern.
2.2.24.3.2. Development standards and regulations for ACSC-ST. All development orders issued
within the ACSC-ST area shall comply with er be mere restric'j';e :h-"-r. chapter 28-25,
Florida Administrative Code, as amended, Boundary and Regulations for the Big Cyprcss
Area of Critical State Concern, as set forth included below:
All dev¢lol~m~nt orders issued for projects within the Big Cynress Area of Critical St~t¢
Concern shall be transmitted to the State of Florida Department of Comm~nhv Affair; fQr
~viCw With the potential for az~oeal to the administration commission pursuant to chapter
9J-1. Florida Administrative Code. Development Order Requirements for Areas of Critical
State Concern,
I. Site alteration.
a. Site alteration shall be. limited to ten percent of the total site size, and
installation of nonpermeable surface shall not exceed 50 percent of any such
area. However, a minimum of 2,500 square feet may be altered on any
permitted site.
:]temt~cr:. :e:ivltles ~esig,:e~ fcr ecn:er:---t!en ^..n'~Jcr er. vSrcmr..er. tal
t,^^.,4 ^r ....."' eemmics~r;. e,,^t, :',!',e
eat cf r ........ /::x ....... , ^_.~ ...... ~ ^c !~sted :r..^t!e t- ....
(iv) e::.~'.:.':ee,."~c.':t cf .rc, r=gi::g hc. bit-*-t .~r w~Idl~.re species ;vlth
env~rcnmcr. tc.l pur';,cses reviewed st. r. c.;: ~.,
e:.b, Any nonpermeable surface greater than 20,000 square feet shall provide for
release of surface runoff, collected or uncoilacted, in a manner
approximating the natural surface water flow regime of the area.
Soils exposed during site alteration shall be stabilized and retention ponds or
performance equivalent structures or system maintained in order to retain
runoff and siltation on the construction site. Restoration of vegetation to site
Words ::r.::k :~rc:F,~ are deleted, words underlined sr~ added.
7
alteration areas shall be substantially completed within 180 days following
completion of a development. Revegetation shall be accomplished with
preexisting species except that undesirable exotic species shah not be
replanted or propagated. Exotic species included are listed below.
Australian pine (Casuarina spp.)
Bishopwood (Bischo~a javanica)
Brazilian pepper (Schinus terebinthifolius)
Mclaleuca (Mclalcuca spp.)
Downy rosemyrtle (Rhodomyrtus tomcntosa)
Earlear acacia (Acacia auriculiforrnis)
Catclaw mimosa (Mimosa pigra)
Java plum (Syzygium cumini)
e:<!_., No mangrove trees or salt marsh grasses shall bc destroyed or otherwise
· altered. Plants specifically protected by this regulation include: all wetland
plants listed by the Florida department of environmental regulation in
chapter 17-301, Florida Administrative Code, as amended.
C-e_., Fill areas and related dredge or borrow ponds shall be aligned substantially
in the direction of local surface water flows and shall be separated from
other fill areas and ponds by unaltered areas of vegetation of comparable
size. Dredge or borrow ponds shall provide for the release of stormwater as
sheet flow from the downstream end into unaltered areas of vegetation.
Access roads to and between fill areas shall provide for the passage of water
in a manner approximating the natural flow regime and designed to
accommodate the 50-year storm. Fill areas and related ponds shall not
,substantially retain or divert the tidal flow in or to a slough or strand or
significantly impede tidal action in any portion of the cstuarinc zone.
Manmade lakes, ponds or other containment works shall be constructed with
a maximum slope of 30 degrees to a depth of six feet of water. When
mineral extraction is completed in new quarrying lakes, shoreline sloping,
planting of littoral shelves with nursery-grown aquatic vegetation,
restoration or rcvcgctation of the property, and disposal of spoils or railings
shall be completed before abandonment of the site. Existing quarrying lakc~
arc exempt from this provision except that whenever any person carries out
an activity defined in F.S. § 380.04, as amended, as development or applies
for a development permit as defined in F.S. § 380.031, as amended, to
develop any existing quarrying lake area, these regulations shall apply.
h:.g,. Finger canals shall not be constructed in the ACSC-ST area.
h. This rule shall not apply to site alterations undertaken in coBnec~i0n with th~
~gricultt~ra] use of land or for th.c conversion of land to agricult.u. ral use,
2. Drainage.
a. Existing drainage facilities shall not be modified so as to discharge water to
any coastal waters, either directly or through existing drainage facilities.
Existing drainage facilities shall not be expanded in capacity or length
except in conformance with subsection 2rb] immediately following;
O however, modifications may bc made to existing facilities that will raise the
groundwater table or limit saltwater intrusion.
b. New drainage facilities shall release water in a manner approximating the
natural local surface flow regime, through a spreader pond or performance
cqulvalcnt structure or system, either on-site or to a natural retention or
filtration and flow area. New drainage facilities shall also maintain a
groundwater level sufficient to protect wetland vegetation through the use
Words :'..-..::~ :hre::gh are deleted, words underlined ,tre added.
of weirs or performance equivalent structures or system. Said facilities shall
not retain, divert, or othenvise block or channel the naturally occurring
flows in a strand, slough or estuarine area.
c. New drainage facilities shall not discharge water into any coastal waters
whether directly or through existing drainage facilities.
d. This rule shall not aD_DIV tO drainasze facilities modified or constructed in
order t~ use land for a~ricultural purposes or to convert land to such use.
3. Transportation
a. Transportation facilhies which would retain, divert or otherwise block
surface water flows shall provide for the recstablishment of sheet flow
through the use of interceptor spreader systems or performance equivalent
structures and shall provide for the passage of stream, strand, or slough
waters through the use of bridges, culverts, piling construction or
performance equivalent structures or systems.
b. Transportation facilities shall be constructed parallel to the local surface
flow, and shall maintain a historic ground level sufficient to protect wetland
vegetation through the use of weirs or performance equivalent structures or
systems and as feasible. the flows in such works shall be released to natural
felgenl, igD filtration and ~ow~
c. Transportation facility construction sites shall provide for siltalton and
runoff control through the use of settling ponds, soil fixing or performance
,equivalent structures or systems.
4. Structure installation
a. Placement of structures shall be accomplished in a manner that will not
adversely affect surface water flow or tidal action.
b. Minimum low floor elevation permitted for structures shall be at or above
the 100-year flood level, as established by the administrator of the federal'
Flood Insurance Administration. The construction of any structure shall
meet additional federal flood insurance land management and use criteria,
24 CFR 1910, as amended, as administered by the appropriate local agency.
c_. This rulc~ sha. II not apply to s. tr~ctures Used or intende. d .for Use in Connection
.w. ith the agricultural use of the land.
~ All d~.vclcpmcnt crders !=u:~ r^. p=j~t~....:,s.:. ,s.. u:~ r. ..... ^..^ ^c
Words ::=:~. "* .....~'
...... ,,.. arc dclcted, words undcrlin~[ arc addcd.
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2.2.24.8. Exceptions.
L Where land has an ST designation and the proposed alteration or development area
contains 20 acres or Icss in gross area, and whcrc no transfer of dcvclopmcnt rights
arc involvcd, the development services director may approve a site altcration plan or
a site dcvclopmcnt plan. Prior to such approval, the dcvclopment services dircctor
shall make a finding that the following conditions exist:
-k.a. The proposed site altcration or site development plan will not require any
modification, with the exception of exotic vegetation removal, of the
topography, drainage, flora, or fauna on the site.
~.b, Single-family principal structure where the proposed site alteration or site
dcvclopment plan will not require any significant modification or
topography, drainage, flora, or fauna on the site, or where the alteration
involves the renovation or replacement of a single family structure.
Significant modification shall mean greater than ten percent of the site.
:~ No pollutants will be discharged from the area that will degrade the air,
water or soil below the levels existing at the time or application.
d_. Water managemen; berms and ;tructur~s for the protectioq and/or
enhancement of ST areas are Of the minimum dimensions approved by thq:
:South Florida Water ManaRement District,
2_. Oil an~J gas geophysical Surveys and testirish. TemPorary Site alteration shall mean
only !.h0Se aberationS involving hand cuttin2 of vegetation for Surveys and
equipmCnl entry, drill holes nol exceedinn six inch¢~; in diameter and rUtting
associated with vehicle access, Trimrain2 of vcuctati0n for access routes shall be
kept tO the minimum width necessary for surveyin2 and testinst. The ~ite Shall b~
reStOred aS required hy federal, State and cguntv t~ermitS within 90 days of the sta~
of the nroiect.
All other site alteration or site development plan approvals of any size shall be as required
in sections 2.2.24.4, 2.2.24.5, and 2.2.24.6.
Be;. 2.2.28 Immok~wle¢ Overlay District
Words ::r;:k '~'-~ arc deleted, words underlined are added.
I0
(THIS MAP IS TO BE DELETED.)
2.2.2~.2; Dcvc.;~-.~.~r.: c:i:c:.~-'.· .n,, r^, ....: ......A^,A~ ~^. ^_,~-. :~ -- ..... :_ +~: ......
Wor~ ~:~:~, :~;~% am de1~, words ~derlin~ ~ added.
II
Words emeek4heeuth are deleted, words ~ are added.
12
(THIS MAP IS TO BE DELETED.)
,t.:. J:.,.:^,
2.2.29.2.2. A
2.2.29.2.2.
Words ;::-,;:~ "' ....~' arc dclctcd, words undcfiincd arc added.
13
2.3.23. !.
~kin
Words .:r;:k :~:=gh arc deleted, words underlined a~ added.
14
ccr.:zrH r. z ~,.r Szccnd .~;'~.'~::e '.c the :~c.'t.k. er~y
OC:'~ss~,:' Osr '^:J l^e stl., .......e.,h, ^1^..
$ec. 2.2.28, irarook^lee Overlay DiSlrict
;Z.2,28. l. ['~trpose ~nd }nfent,' TQ ¢;:re~t¢ the lmmokalee Ovcriav District with distinct sub-
district; for the purpose or establishing development criteri; ;UitaSlC rot the unique
land use neCdl or the Irarook^lee Community,
2.2.28,2 Oeo~raohic boundaries,' The boundaries of the ImmokialCe Overlay District are
dClinealed on Map I below.
I M M O K AL6 I~ OVI!RLAY DIc~TRICT
s ,. s I iUsswalscsss' s as · I s so s
Words sm~k-4hRmgk am deleted, words ~Bndcrllncd sue added.
15
~ ,,/I//lr - ' r · ' d" '
· F '
I.R. 2t COMMERCIAL OVERLAy 8UB-DIITRICT ($R2~ICOID)
e
~ r · u .... v' t'l
' Io i ' 'i ' hw r ' u t rv
v li u ' . m ci u u c e n a a'or art '
olleto wa The rovi i n ' su -di t i ' tend d Io r v'd
· r erc'a d th I n -29 with dcvelo ent tandards hat wil
uro rd' atcd ess d ro H t landsca in an buff ri corn at'hi
wi n r iden ial ro rfie.
~ ' tli · uli tr ia distri Ion SR-29
~ al u a
~ I e rit la' The follvom~fowin t ndards h~ to all usin this overl
~ ce i t -9 ' '
' 't ' u a ion P c d v ini f 440-
ell v'd c es fix' i d' e dwa wh '
e u d -29
· ' · v ' · ·
Words Ri, ue~JNq~ are deleted. words ~ are added.
16
~ h ' n t bcwcd' i d v I m t co
~ i n c c ti lane h r vid d
~ d t' htll d b ov'd'ns~dewalks e location th s
~c'nat d with ad' e roe t
~ 'ld' haettab c fr SR- 9 'm~u f n om th ear
line a minimum ~
i~ r 'ect h IIr vid te -foot I d ca fief 'b d i e ' n
]~etween h' I ' ht f 't ui ed i~ewal d ad'ac n esideni
1 t d' t ' I o' ts s~al~ rovid oordin ted I sea
~ An are e ual to minimum of two and one-half c n th to int 'o
~d cadtovid v'sual r l'e
~ Bu'ldin s alave aximu h' h o 0 fee
~ r v er/r - ' ' ' ' c di 'on o h
r rt' u 'J rov nu ' ti ale r e
I f · ana~eem~~ e 'd fried b he ' t' " 0 "
th ~~on'n Atlas Ma
JEFFERSON AVENUE COMMERCIAL OV[RLAY $U~-DIITRICT IJACQ~tO|
,///,, '<,,,
.;-,¢ > ,',,
,, ',,',. -, ,,,
.~,...-",,,;, .~ /,
,,,..' i
.. -,.x;.., ,.,.. ,':.--? ',,, ~;~:~1 ,/~,..
....... /" 7 ' ,\~-~2."';\ :
~ d ' t Th of th~ de i t' '~ vide o ai ce
s .... ti' hw om ' I the e
vcr ' ' a ' rt '
IId "l th~ u i ' 'nilend to rovide
Words ~,~ are deleted, words ~ are added.
17
incrcascd commercial on~ortunitv alon= Jeffcrson Avenue with development
~tandardS thal will ensure coordinalcd access and appropriate landscanine and
bu~'Crin= to bc comoatiblc with nearby residcntlal proocrties.
;2.~.28,4.2, ,4pplicabi/ity; These re~zulations aDDIv to the commercial district alonR JefferSon
Aw;nuc as identified on the Immokalcc Future Land Use Map,
2.2.28,4,3. Dcvclopmcnt criteria: The following standards shall apply to all uses in this overlay
~ub-dis~riet,
i;~.2.28.4.3.1. Access point~ for future commercial developmCnl! shall be limited to ~ maximum or
one per ~50 rccl of strccl fr.o.ntagc. propcrlics with less than the required strcc~
frontaRe, shall be cncouraRed to utilize Shared access poir~ls with adioinin_~
COmmerCial development,
2.2.25.4.3.2, O.wncr~ of Iot~ or combination Of ]ors havin2 less than the 150-root or required
frontaEc may octhion thc board or zonin2 appeals for a varialtcc from the Standard in
lhis Sub-distri¢~ ~ will not bc Contrary to the public interest when owinR to special
Conditions peculiar to the property, a li~cr~l Cnf0rCemcnt of these Standards would
r.c.sult in unnecessary and undue hardship,
~.2.28.4.4, A ten-root Type A landscape buffer a~ idcl~tifiCd in section 2,4 of this Code shall b¢
provided oq J¢ffcrson Avenue for all CommerCial projects,
:~.2.28.4.5, PrOviSions/'or Shared parkinR arranRcmentS with adioininR devclopmCnts ~hall bc
cncouraRcd,
2.2..28.4.6. Commercial b.uildinRs shah b~ Set back from ]crrcrson Avenue a minimum or 25
f.e. et.
2.~.28..4.7, Commercial building shall have {~ maximum height Of $0 Eeet excluding ten feet
u..nder-buildi.ng parking,
2,2.28.5. Farm Market Over/w/Sub-District; Special co.nditions for the properties identified
on Mao 4; and further identified by the desismation "FMOSD" O.n the applicable
official Collier County Zoning Atlas MapS,
Z2.28,;5,1, Putvase and Intent: The oumose of this desienation is to ~rovid¢ fgr wholesale
retail uses, outdoor asuicultural ~roduct displays and sales areas. truck parking. and
packin,, houses and associated uses. The provisions of this sub-district are intend¢~
to provide retail and wholesale opportUnitieS for agricultural buSine,$e$ aS well aS
I~rOvide truck parking for agricultural Sales but not within roadways and rightS-of-
way. The dev¢lOpmenl Standards cordgair~¢d herein have been designed to enhance
atnd encourage develop~eqt and redevelopment.
~,2.28.$.2. AppliCability; These regulations apply tO the Farm. Market Qverlay Sub-district as
identified on Map 4.
Words :tr,;:~ :~re"g~ are deletcd, words underlined am added.
Map 4_
FARM MARKEt' OVI~RLAY 8Ue,-DIBTRICT (FMOID)
2,2.28.5.3, IPcrmfited Uses: All ~rmittcd uses within the underlying tonino districts, ~n(l t~,
following uses, ~ identified in the Standard Industrial ClassificatiOn Manual (I 987),
gr~ permitted as a right in this '~;~b--district.
A~zricultural Services (0723)
2.Wholesale T~de (5 ! 48)
3.Agricultural Outdoor Sales
Permitted subiect to the followin~z orovi$ions;
I. Outdoor sales of a~cultural _nroducts are nermi.ed on improved
unimproved properties provided the apulicant submits a site develonrnClll
plan which demonstrates that provisions will be made to adeouat¢lv addl'~.~
the fo!lowimz:
a. Vehicular and _t>edestrian traffic sateW measure;.
b. Parklint for undeveloped oroner'tie$ will be calculated at a rate 9f
IF250 s~uare feet of merchandise area. A maximum often Percent of
Lh¢ oarkimz required by division 2,3 of this code may be occu_vied 9r
other, vise rendered unusab!~_ ~ the viacerebral of
~ructures. equioment. si~.ns. and merchandise, The minimu~
number ofdisabled oarkimz soace~ punuant to division 2.3 shall
r~ouired,
¢, Limited houn of operation.
¢. Fire protection measure;,
f. Sanitary facilities.
Words ~ m'e deleted, words underlined ar~ added.
19
a 'c h I v' ta' i t r
· 'stion tou i i t 'c r' t d
sales.
I i 'mu f w
·ni o ta'~n'n~rehanc on t ro ta hall
4~ehicl rovided that th
v h'cl' I ted i th oait- f-wa
5 " 5~rnumfol nd-asc uaffer hbal eu' d ad'c o n
I Ud tcth t aan~turr cc seesoan~ 'nei ental to lh rmitt d
uses·
~ D' ' I d d~s fun Wit'h~lh~~~iOn !'/.4. Die sio a
andard of i c e exce t I w'
~ a'. 00 s uare ee ros o ar a fo
ite in i art 1 truefur
~ ' I i G i~ines' b'a~mr lc. o rovi i r ivi · .8 i e tu
d 'tedsi n anda ds for Cornroe il~eBui dailand to' ct thi od
~ e iden ifi d' h tad du t '
. a i~ atio Manual 7 r xe or' i s e
f~o28~ectura an i D si n Sta dad
or o ercia ui d'n a d Pro'ects
' Itural mice 072
2. ole r d 4
3. &g.~ultural Outdoor Sales~
~ L~isions fDivisi n .4
~ h d' tDesoaen's la · A ofnduw'th~ s~ecfmn 2..1'/. o this C de
ricuhural roduct a is 1 ed wi hi an n r
r v'ded' oe o v d t' v' I
· It i o w't ' i - -
22.28.6. ribusin s rla b- istrict' c'al co di i fo the ro tli ' ti J d o
h ' td'fe bt'au~de' atio" ' lica ~c'a
li o in tlas Ma .
~ r s n nt' u h' ' t' ' ' o w
I$1 d a r' u cki ou e an ' t vi ion o i -
· t i ' r v'd d't I~ u at '
d xa io o ouit' t' 't' ' ie vo
t ' ' yen de~ ,nd loon i ! w'thi D
~ ic ' · ulati ' ' ' v u -di '
Words st~ are deleted, words ~ are added.
20
AGRISUIiINES$ OVERLAY SUB-OISTRICT IAO$Ol
MaD 5
Permttted Uses: All ocrmitted uses within the undcrlvin_R zoninR districts. and
following uses. as identified in the Standard Industrial Classification Manual
are permitted as a ri~zht in this sub-district.
1. Agricultural Services (07231
2. .Wholesale Trade (~ ! 4 8]
Accesson, usesz
L Uses and structures that arc accessory and incidental to the pcrrnitted uses.
DimensionalStandard. s.' As found within section 2.2.15%.4.. Dimensional Standards
of this Code.
Corr!.m~rclal Desl2n Guidelines: Subicct to Vwvisions of Division 2.8.. Architectural
and Site Design Standards for Commercial Buildings and PrOiccts. of this Cc~!.~
~.~¢pt as noted below:
II~ The following u~s. as idcndficd in the Standard Industrial Classification Manual
(19871. arc eXemPt from the provisions set forth in Division 2.8. of the Architectural
~d Site Dcsi2n Standards for Commercial Buildings and Pw_iects.
AIzricultural Services f0723/
2. Wholr~le Trade (51481
Z, nn~cnvi,_~ ~nd B~fferlng: Subi~t to pwvislons of Division 2.4.
Standards for parkimz within the lmmokalcc Central Business Sub-District.
Words ::r;:h :h.-:';gh m deleted, words underlined are added.
21
2.2.28.7.1, I~rlmarV are~, LotS, parcelS, or uses which have frontage on West Main Street (SR
29) or First Street (CR 846) shall comprise the priman, areas.
2.2.28.7. ], I, Exi.~ting use. s. U~;e~ iB exi~;tence as of the effective date of this code are exempt from
Ih~ minimUrq parking reuuirements as set forth in section 2.3.16 except that existin~
use~ ~;halt nol reduce.: th~ ilumber of s_vaces below that which is r~rOvided
~ffe. cfive dale OF~his code.
;2,2.28.7.1.2. Expansion. The ~:xpan$ioB of arw use shall reuuire parktrot at 50 oerceB~
mil~imum reqtlir~ment as set forth in section 2.3.16. for the expansion only.
2.2.28.7.1.3. Chqnge $n existtrot use. A chan=e of any use shall be exemot from the minimum
narkin~ rcc~uiremcnts as set forth in section 2.3.16 uo to an intensity level of one
parkin~ space per 100 seuare feel, A chamte of use to an intensity of ereater than
one space per 100 square fee~ ~shall require parking at one parkine snac~ per 1~0
sc~uare feet.
2.2,2~.7.1.4, U~e~; in new buildtrots. Any use in a buildlne constructed after the effective date Of
~hi~ code will be rec)uired to provide oarkin= at 50 percent of the minimum
reeuirement as set forth in section 2.3.16.
~..2.28.7.2. SeqondarV area, LOTS, parcels, or u~;e$ which do not have fronta,.e on Main Street or
First Street shah c. omprise lhe secondary area.
2.2.28.7.2. I, ~xisting uses, USes in existence as of the effecliv~ date ofthis code are exempt from
the mir~i~Um Darkthe rec~uirements as set forth in section 2.3.16 except that existing
uses shall not reduce the number of sDaces below that which is provided
~;ffeCtive date of this
;2.2,28.7.2.2_. Expansion. The expansion ofany use shall re~auire an additiO. tO any parking of lhe
.m..inimum number of required $pa~;eS as ~e~; forth under section 2,;3~16, for the
expansion only
2.2,28.7.2.3, Change in existimt use. A chanae of any use shall be exemnt from the minimum
parking requir~m. ents as se~ forth in section 2.3.16 u~ to an inten~;ity level Of one
t~arkin~ s~ace ~er 100 s~uare feet. A chan~e of use to an intensity szrealer than one
~arkin~ space per 100 suuare feet shall require oarkin~ at 50 ~rcent of the minimum
~ct_uirement as set forth under section 2.31.6. No chan~e in use sh,ll allow for
reduction of the ~;.urr~r)t number of parkina spaCeS provjd. ed,
2.2.28.7.2.4, Uses in new buildings. Any use in a building constructed after the effective date of
this code will be required to provide parking at 67 percent of the minimum
requirement as Set forlh in secliorl 2.3,
;2.2.28.7.3. Off-site parking agreements. In nO way shall the proviSionS Of the lmmokalee
central business SUb-~tiSXrict (ICBSD'I be construed So a~; to prevent establishments
withjr) lh~ boundaries from taking advanta|ze of off-site tmrkin~ arrangements as set
forth in semiion 2.3,4.l l, Furthermore. the maximum distances se~ forth ir) ~e~;tiorl
2.3.4.11 shall be increased to 600 feet within the boundaries of the ICBSD.
Propertie~ wilhir~ ~he ICBSD entefin_~ into off-site oarkin~ a~reement$ with
properties oulside the ICBSD may utilize Ibe 600-foot rule,
~I,2.28.7.4, 4~o.ndaries ofthe district. The physic. ~l limil~ of the Immokalee Central busi.nesS
dislrict (ICBSD) are as shown on the official ~nina atlas map of the Subiect area.
and as described below;
Beginnine at the intersection of First Street and Third Avenue. the ICBSD boundary
proceeds westerly along the cer)terline of Third b, venue to its intersection with North
Fifth Street to its intersection with Second Avenue. then westerly alon~ the
centerline of ~Second Avenue to the northerly extension of the east line of Lot 33.
Words etaeek-tkeeugh are deleled, words underlined am added.
22
1[?,lOCk A. Jovcc Park Subdivision; then southerly along ~;aid lot line to the ,';outheast
comer orsaid lot. then westerly along the soulh Io! line of Lots 33.34 and 35 to the
southwest comer of Lot 35, then porth~;rlv alons~ the western lot line of Lot 35 to the
c.:¢ntcriinc of S~c;:ond ~vcnuc, then westerly to the centcHine of Nodh Ninth Street.
then southerly to the westerly extension of the north lot line of Lot 12. Block 6.
Carson's SubdiviSiOn, then easterly, northerly and easterly with the north lot line of
Lot 12 and corttinuing castcr1y to the northeast comer of Lot 6, Block 4, Car~on't~
Subdivision, then ~outhcrly to the cCmc;rline of Boston Avenue, then easterly to the
ccntcriin¢ Of Fourth Street South, then Southerly
(or line Of Lot :5, Block 9, Carson'~s Addition Subdivision, ~hcn Castefly to thq
ccntcrline of Third :street South, then southerly to the ccntcriinc Of ColoradO Avenue,
then qastcrly tot he ccntcrlinc or Sccond street South, ~hcn southerly to the ccntcrlin¢
or Eustis Avenue:, th<;n castcrly tQ the southern cxtcnsion or the ccntcrlinc of Fahmcy
Street tO the ccnlcrlinc of Delaware Avenue, then westerly to the southern CxtcnsiOrl
or the; cast Io| line of Lot 14, Block }, Mainline Subdivision, then northerly to the
ccntcrlinc or Rose Avenue, thcn westerly to the ¢cntcrlinC or South First Strcct, then
northerly to the point of beginning,
SUBSECTION 3.B: AMENDMENTS TO LANDSCAPING AND BUFFERING D1VISION
Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIV1SION 2.4. LANDSCAPING AND BUFFERING
See. 2.4.7. Minimum landscape buffering and screening between uses.
2.4.7.4.
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
] Adjacent Properties Dialrid
Subject Propcny's District/Use I 2 3 4 .S 6 7 I 9 I0 I I 13 14
I 2
I. Agricullurc (A ~) B B B B B A A A A D A A_
2. Rcsidcnlial (E.RSF) sinlie family A A B B B B B C B * D B C
3. Residential (RMF-6. RMF-12, RMF. 16, A D A N A B B B
mullifamil),
4. Rcsidcnlial Iourist (RT) A B A A B B A B B
5. Village ttsidcntial (VR) A A B a A a a B B · D B a
6. Mobile home (Mtt) A B B B B A
7. Commetcial~(C-I,C-Ifr, C-2. C-3, C4, C- A B B B B B A A A · D B B _B
5); Business Park (BP)
8. Industrial z (I) A C B a B B A A
9. Public use (P) community facility (CF), Golf A B B a B B A A A * D B C
Course Club-
house
10. Planned unit devcloprncnt * * *
(PUD)
I I. Vehieul~' rilFhls,.of-way D D D D D D D D D
12. Golf course maintcnencc a B B B B B a a a B B A B
building
13. Golf course · · , ...... B C_
14. Automobile Service Sialion A C C It B B _H _B _C _0 _D ~ _ D
2.4.7.5. Collier County Streetscape Master Plan. Street corridors identified in COllier Naplescape
90's Streetscape Master Plan, including areas within the fight-of-way and on required
buffers adjacent to the right-of -way, shall adhere to the requirements of the Collier
Naplescape 90's Streetscape Master Plan.
NotwithStanding the above. for reauired landscape buffers adjacent to any ri~zht-of-wav. the
requirements of the Collier Naplescape 90's Streetscape Master Plan Shall apply at the time
of issuance Of any related subseauent development order includimt construction plans
attendant tO the approval 9r a final plat and or a final site development plan, Where thq
application of said :Streetscape Master Plan ~tandardl$ and reqUirementS iS questioned. an
Words ::r.:zk :hre::gh are deleted, words underllrle~l am added.
23
official interp. retation of the planning servic~ director pursuant to section 1.6.1 of the
Collier Coun~ Land Development Code ma.v be reo. uested. Further. the interg. rctatlon of
the planning services director may be appealed to the board of ~,onlng appeals aa prescribed
hy section 1.6.6 of the Land Development Code-
SUBSECTION 3,C: AMENDMENTS TO SIGNS DMSION
Division 2,5., Sips, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DMSION 2,5, SIGNS*
· ........ r,,.d !,~ ;~. r^, ·1, .........Ir A:__I,,; ......1:_, __' ....h, (%,^1,·
Sec 2.5,7, Prohibited Signs:
Scc. 2.5.7.2S. :FetheFed iIn~atable signs.
See., 2.5,12, Permit applications,
2.5.12.4.6. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida
~, of the plans and specifications and method of construction and
attachment to the building or the ground for all pole signs and all projecting sign; and any
Fund sign or'or 32 square feet.
SUBSECTION 3,D: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
DMSION
Division 2.6., Supplemental District Regulations of Ordinance 91-102, as anlcndcd, the Co!tier
County Land Development Code, is hereby amended to read as follows:
DMSION 2,6, SUPPLEMENTAL DISTRICT REGULATIONS
Sew., 2.6.4, Exceptions to reqnired yards,
2.6.4.2. Minor after-the-fact yard encroact~mcnt. T.
2.6.4.2.1. Minor after-thc-fact yard cncroachmcnts may bc approved administratively by the
dcve]opment services director. For the pttrposcs of this subsection, minor yard
cncroachments shall bc divided into two classifications:
1. Struct'ures for which a certificate of occupancy :r - ~--~ '; .... ~ ..... :~:t has not
been granted. The development services director may administratively approve
minor after-the-fact yard encroachments of up to ;~J ~ percent of the required yard,
not to exceed a maximum ofLL-3 6 inches.
2. Sh'uctur~ for which a certificate of occupancy or a final development order ha~
been granted. The development grvic~ dir~tor may adminiswatively approve
minor after-the-fact yard encroachm~nts of up to ten percent of the required yard,
not to exceed a maximum of two fe~t.
3. ,&dmini~trafive variancea .m~_roved _nurmlant to the above do not run with the ted in
perp. etui_ty and remain subject to the provlsiorm of ~;ecfion 1.8.10 Non-Conformin~
Word..~
Sec. 2.6.1S Solid waste disposal.
Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the
form of bulk container service (garbage dumpstcrs) for all commercial establishments and
multi-family projects containing five or more dwelling units under a common roof,
excluding rowhouses or townhouses not exceeding two stories in height upon
demonstration of adequate access to facilitate curbside pickup and that 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, or as otherwise permitted below.
2.6.15.1. Screening. All trash or recycle receptacles shall be located so as to be easily accessible to
the residents and Ihe solid waste hauler and shall be screened on at least lhrcc sides to
prevent visibility of containers by neighboring property owners and from adjacent streets at
the first Floor level, except as provided for in section 2.6.15.1.3. EnclosurCl~ l~hall have
minimum internal dimensions of 12 feet by 12 feet Square. If equipped with Rates, the clear
.o.~ning dimension shall be a minimum of 12 feet and the Rates must be equipped with a
device to hold lhem Open,
2.6.15. !. 1 The following structures may be used for screening as required above:
a. Wood fence.
b. Concrete block and stucco wall, brick wall, masonry wall, or walls of similar
material.
c. Vegetative screening in conjunction with section 2.6.15.2.1. or section 2.6.15.2.2.
above.,
2.6.15.1.2. Screening, as required above, shall be exempt from height limitations for fences provided
there is no obstruction of vision of adjacent streets.
2.6.15.1.3. Screening of bulk containers (garbage dumpslets) may be exempted in: Industrial districts
(I) if the dumpsters are located greater than 200 feet from residentially zones or used
property and are not located within front yards; rural agricultural districts (A) in
conjunction with a bona fide agricultural use on parcels conforming to the required
minimum lot size in the district; and during construction in all other districts.
.2..6.15.2. /recess. The access approach !O the container Should be ~umCient tO accommodate a
vehicle requiting a minimum clear width of 8 feet and rninimum clear turning radi~ of 50
feet whe.n directly a¢ccS~;ing a public ~trect. Containers and enclosures shall be placed
.s..uch that the acccssimz vehicles arc not rco_uired to maneuver in the adiaccnt travel lanes of
any Street. pr0vi~iort ~h.a. ll be made t0 allow for a forward travel oath for thc~ vchicle~
.where PQ~iblC, when backing maneuvers are rt;quircd 10 permit the vehicle to exit from
the dumpslet, provision shall be made to provide an apron at least 8 feet wide and 50 feet in
]emzth adiaccnl to the container a~ herein iljustrated,
2.6.15.~.3. Minimum requirements and Iocational restrictions. In the case of multi family
developments with more than four units per structure, at least one standard size bulk
container (dumpsic0 per every ten units shall be required. All such containers are subject
to the following Iocational restrictions:
I a. Solid waste bulk containers (garbage dumpsters) shall be permitted in all zoning
districts.
b. Solid waste bulk containers may be located within a required yard provided they do
not encroach into a required landscape area, and further provide that there be no
blockage of the view of motorists or pedestrians so as to constitute a hazard.
Words el=:.':- '.~::::;,~ are deleted, words underlined sue added.
25
c. !n the case or multi-Family developments containing more than one structure, no
solid waste bulk container (garbage dumpster) shall be located greater than 500 feet
from the structure it is intended to serve.
2.6.15.~J.4_., Excelgtions. The site development review director, or his designee, may allow the
following exceptions to the above requirements.
2.6.15.:3.:-I-:4.1, Solid waste bulk containers (dumpsten) may be substituted by individual solid waste
disposal service (unit by unit curbside pick-up) subject to the following:
O a. In the case of individually owned multi-family dwelling units (condominiums),
individual (curbside) solid waste disposal service may be substituted for the
required bulk containers (dumpsten) upon documentation that the subject unit or
condominium association, having been turned over from the developer to the
residents, has voted in the majority to eliminate the use of dumpsten in favor of
individual curbside service for all or part of particular development, subject to
acceptance from both the Collier County Solid Waste Department and the waste
hauler. Additionally, the association shall demonstrate that there is adequate access
to facilitate curbside pickup and that all individual units have an enclosed located
other than the residential structure, such as a carport or garage, for the storage of
individual solid waste containers.
b. In the case of multi-family rental units bulk solid waste disposal containers
(dumpsters) shall be used unless an alternative methodology for solid waste pick-up
is approved by the Collier County Solid Waste Department and the waste hauler.
c. In the case of a commercial use bulk solid waste disposal containers (dumpsten)
shall b~ used unless an alternative methodology for solid waste pick-up is approved
by the Collier County Solid Waste Department and the waste hauler.
~ .. . ....
ah . ' .
~.. · . .
-3., . .
OLx~g-.~. .........
..
Words ~vdHl~igk are deleted, words ~ are added.
26
af.~:~c:1:~cea ...... p
..... :J~J arid..^~.1 .... :.,^:.~A If ,t...,.,:^_
bla--.cz may .% disp!-"-ye;J outside :.~'.e =:'vice :.`-"-:ic:~ bui!di.':g in :.he :;:.'~dard
where po-.."..ibl:, an :.he aide c,f :.he ..-:-"-i:: ::."=e:ure :;'i:.h
lea^..;r ;'e.l'-'-me cf
· ) ~ '~e t? Cc;;c.:.::.t ........t .....:... T. ~J.4:,:^..`o ,k..^,~:l
indica'.ed:
~. e^l~ ^_J .... :^:,, ^c .... b .I,,,, K,tler:_,
...... b ....... r'- ~, ..... , ............ F-~:'.`:.
e rceappir. g cf ',ire:.
~ Pre. viaie.-. ef water, ::.':;!freeze, .qu:.hi::g
Words ~r.::t.. :h.'c~:gh are deleted, words underlined are added.
27
S~c. 2.6.28. AU{omobile Semite Stations,
~ followin~ regulations apply to the location. layout. drainaQc. o~miion. fencinu.
landscaping. parking. ~rchitccturul features, ~nd ~it{Cd ~leS ;rid ~e~ice ;c{iVities
auto m10b IC SC~]CC stations which includ~ uonvenic,~ ~mce~ slo~s sellinu motor fuels:
Purpo~ and lute,t. ~ Du~ of this ~cfion is to cnlu~ that automobile se~icc stations
~O Dot udvcncly im;;¢t adiaccnt land u~s. ~s~iallY rcsldcnfi;I land uses.
or tra~c. RI;r;, and intensiw of use associated with ~c~icc stations. particularly those
{weBty-fo~f hour. muY ~ incompatible with su~oundin~ u~s. cs~ciallv residential uses.
Words ::r::~. '~ .....~ arc deleted, words underlined m added.
Therefore. in the interest of protectin2 the health. safety and eeneral welfare of the t>ublic,
the foilowimz reszulations shall apply to the location. layout. drainace. ovaration.
landscapimz. parkimz and permitted sales and service activities of automobile service
IRatiO~S;
2.6.28. l, Locational and Site Standards./~11 automobile ~erviC¢ l~lationS Shall meal the
fgllowin~ criteria:
L Minimum frontace; An ~ulomobile service station shall not be
located on a lot with less than one hundred ~ft~' {I 50~ feet of frontage
e on a vehicular ri_~ht-ofwav.
~. Minimum depth; One hundred ¢ighly (180~ feet.
3. MinimUm lot or parcel ~trea; ;~0,000 scluare feet.
4. Set~aration reclulrements: There shall be a minimum distance of 500
feet. shortest ~irlin¢ measurement. between the nearest ooints on any
lot or oareel of land to be occupied by automobile service stations.
~nd any lot or parcel which iS already Occupied bY ~n autgmobil¢
service station. or for which a buildin2 nermit has been issued.
5,Minimum yard requirementS; All structures,
(a)Front yard ~etback - Fifty (50'1 feet.
Side yard setback - Forty (40] feet.
Rear yard setback - Forty (40~ feet.
6. parking requirements: As required by DiviSign ;L;~ Off-Street Parkin~
'and l.oading
7. drChiteCtural Design; p,~ required bY Division 2,8 ArChiteCtural and
Site Design Standards; and Guidelines for Commercial Bulldines and
Protects.
8. LandscarHnf: The following landscape reOuirements arc in addition
¢9 the requiremCnt~ Of Division 2.4 Landsca~imz and Bufferimz.
a. Rec~uired landscaping adiacent to DronefrY boundaries:
Right-of-way buffer landscaolm,:
{a] Landscaping adjacent to rights-of-way external tO
development proiect shall be located within a landscape buffer
easement which is a minimum of twenty-five (25] feet in
width, Water management ~wale~ ~ha{] not be located wilhiq
these buffer are._a.s, however, water management facilities ~uch
as underground pipintt shall be permitted.
(b] An undulatina berm with a maximum slope of 3:l shall be
COnstructed alonR the entire lcnath of the landscane buffer.
The berm ~h~.ll be COnstructed and maintained at a minimum
e average height of three (3) feet. The berrn shall be vlanted
With ground cover (other than crass'). shrubs. hedges. trees and
palms.
(¢) The required tree, and oalms shall be cjustered in double
rows with a minimu~ of three ('3~ trees per cjuster. Canopy
!rCe~ Shall be planted a maximulTt of twenty {20~ feet on center
within g cjuster. The use of oalms within the riaht-of-wnv
buffer shall be limited to landscaned areas adjacent to
vehicular access ooints. Palms shall be 'olantcd in staeecred
Words :tr'.::~ th:':','gh are deleted, words underlined are added.
29
hciehts. a minimum of three (31 palms per cjuster. soaccd at a
maximum of cieht (81 fcct on center. with a minimum of a
four (41, foot difference in height bct~wccn each
Exceptions will be made for RoYstonca spp. and Phoenix spD.
(not including roebetenii) which may be plantcd one {11 palm
per cjust~er, A maximum di;~tanc~ of twenty-five (251 fcC~
bet. wecn all types of trcc cjusters shall be malntaincd (Scc
Iljustration 1'),
(d} All ofthe trees shall be a minimum of fourteen (141 feet in
height at thc time of installation. Trees shall have a minimum
ofa 3 1Q inch callper al !~ inches abqvc lhe ground and q
(6.}.foot spread. At installation. shrubs shall be a minimum OF
ten (10/gallon. five (51 Feet in height. with a three (31 Foot
spread. planted four (4~ fcct on center.
LandS~aDin~ adjacent tap all other property lines;
(a) Side property boundaries forher than those ad~acent~
right-of-ways1 shall be planted with single row hedues
COnsistent with the minimum rcquir~rnent~ of DiviSion 2.4,
Li~ndscapimz and ButTcrinlz.
(b) Rear property boundaries (other than those adia..cent to
road rifthas-of-way) shall be danted with a sintlc row hedge,
.The hedge 1~hall ~ a minimum height of four (41 feet at
planting, plamed at three (3~ fcct on center and shall be
ma ntaipcd at a height of five (51 feet,
Curbing: Curbing shall b¢ inkRailed and constructed,
consistent with rninimu. rrl code requirements, bettween 9!1
paved areas and landscape area~},
9. perimeter Walls; Automobile ~rvice Station sites shall be Separated
from adjaccn.t residentially Zoned Or F;'4ident~i{dlY developed Drone(lies
lpy an architecturally designed six (6} foot high masonry wall or fence
utilizing materiali. Similar in ¢ol0r, ~odu}¢: and flexlure tlo those;
Words :'..-.::~ :hre::'gh are deleted, words underlined arc added.
30
~hc buildin. d ca in ha b innted on ~c
ide 'id. rth n II
a. It r~'cs air clw rad'o'nin
b. s't~ I w v I indir c diffuse t
a d hal o xc a c' t twc t c v
C. i ,htin, I at at c 1 ow v
~~i ,hi onl to t
um isla d rcas ca c u d c t aid can
Rest oorns: AI rest rooms hall be ocatc inside or t he side o
c r ofthc buildi
12__:. i na e: As rc uircd b Divisi n . i na cnd the followin
reRulations:
a. ~ and back Ii hti i rohibitcd o cano
b_= ~ted Ain I round i shall
ermiu r i e n t x eed 'xt 0 ua r i r
, Ground i n al i itcd o a i o i,h 8 ee
'~rom the I w en line ra e of t
nearest ublicor r'vat.OW o eent the a kin
ot wh'c ve 'r hi her to he u s rtion o he i
~'ha I la ed wi in 00 ua foo
landscae. p.L_~y_~
c. II~ os adverti in and information are
ohibited above as ums
d_. Th~coznshall be limited
to two ~
e. i ~m air water a d vacuum a aratus shall be
V~~r 4 s tar t' are
13. Trash Stor~ tion 6 I a s'x foot hi h
ncl scd trash area to be inte ,rated w'th th desi n o the setvie
ratio all b ovid d
14. t~ks hall located below rade.
15__. O,tside dis I~ll cno outside dis I s o
rodctutacki ire or oth r chand'
16.._= ~'ro nut moil 'c ta 'o a v
ntr nc ex' vehic w' ' 0 '
tr a c o I li I ' c nt r h
si ' i ' 't'
hildren xc t whcuch ro ~ n th Io k
17. Bull in r n ol r b ndin tr ~ r s' o
e t a din ali d 1 the tru t
· r " ' a n' e wit
Words slNek-tk~ are dclcted, words p.~LC..d.L~ are added.
31
predominant color or the principal structure. ir aoolicablc, The color
or a!l st~cturc~ on 1~ite ~,hall be of soR carlh tones or p~stCls,
18, ~nFrasrrttetltre rot g~nerfTtors: Each automobile service station ~hall
provide the necessary infrastructure and pr{~:wirinv. in order to prOvid~
the capabilities for generator service in case or cmcrgcncics,
2.6.28.2 Exc'et~tions.
!. |.ocati0nal and Site ~tandardS in acC0rdanc¢ with $,bsection 2.6.28, I.{!~ -
(5~, shall not ~nply to,. nor render non:conforming, any existing aut0mobil¢
service stqfion or any aqtomobit¢ service station .w. ithin a planned Unil
DCyclopment {PUDI in which a specific architectural rendering and site olan
was approvcd qs pan of a rczoning aCt, iOn prior to the c.tT¢ctive date of this
amendment,
2, However, Cxis!jng a.ulgQm0bilC Service Stations which may otherwise b~
rcnder~:d n. onconrormin~ by the provisions of subsection 2.6.28.1. (6} - (! 8).
or.. any Other applicable Standard. except for automobile .service ~tation$
within a PUD as described above. shall comnly with applicable SubSections
9f Division 1,8. Nonconrormities.
2.6.28.3 Operational Standards, In addition to the retail diSpcl~ing ofautomobi!~
fuels and oil, only the following services may be rendered and Sales made
except as. indicated:
I. S~lCs and servicinl~ or ~park Dlu~s. batteries. di~t.rib~.t0r~ and
,distri.b. ut0r pans.
2. Sales. mounting, balancing and repair of tires and wheel alignments.
but not rccaDr~inE of tires,
3. Sales and replacement. Of w.ater hoses, fan t>elt~,. brake fluid,
lightbulbs. fuses, floor mats. wiper blades. grease retainers. wheel
bearings, sho{;:k absorberS, mirrorS, exhaust systemS, and the like,
4. Provision of water. antifreeze. flushin2 of the coolin~ system. air
Conditioning recharge, and the like,
5. pr0vidinR and repairing fuel pumps and lines,
6. Minor motor adjustments not involving removal of the head or
S;rankcaSe,
7, ~}rcasimz and lubrication,
8. .S. ales of cold drinks, candieS, tobacco and ~;imilar convenience good~
for service station cUstOmerS, but strictly and only as accessory add
incidental IQ the principal business operation.
.9, provision offfad maps and Other information,
I0.._,. No mechanical wor.k shall be allowed o.utside ofthe enclosed areas,
11. Oil drainace oils or aDnlianccs for su~;h Dumose or repair puLposcs
~hall bc located within a wholly enclosed buildinP..
12. Uses permissible at an a.utom0bil¢ [ervicc station do not include
maior mechanical and body work, straightcrlirtg of l'.ramcs or body
pan~, steam C!can!ng, painting. welding,. stora=c of automobiles
{except as expressly permittC~ in paragraph 13 below~. commercial
Words ::r.:':~- :hr:::~.k· are deleted, words ~ndcrl ln¢4 ar~ added.
32
garage as an acCesSOrY use, qr other work involvin_2 undue noise.
glare. fumes. smoke Or other CharaCteristicS to an extent greater than
normally found in such stations. An automobile service station is not
a facility for the sale or ~utomohilc vehicles. a repair Earace. a body
Shop, o.r. a truck,top,
The temporary Stora~,c or vehicles Shall ~ permitted ir the vehicles
arc to be Serviced at the service station or if the vehicles have bcer~
towed. .bY the service Station and arc being held. For Servicing. For aq
insurance company or rot salvage. Any such vehicle(s1. othcr than
those vChic!¢S ServiCed. daily, shall .be stored within an areq
surrounded by an opaque fence nol less than Six {6) fcct high, Said
,v. ehicleS shq!l not be Stored Ionuer than sixty {60~ days,
14, Washing and polishing of ~utomobileS and Sate Of automobile
washing and polishing materialS, but this only allows ~.utO detailing aS
.an accessory use, but this provision does not allow carwasheS ex. cept
in those zoning d.istricts where a carwaSh iS a permitted ~Sc; and
where such carwashes shall be subject to Criteria Specified in the
zoning dislricl,
2.6.28.4, }Faiver of distance requirements, The board Of zoning apoeals may. by
resolution, grant . a waiver of part or all of the. minimum sepam..tion
requir¢.ments Set forth in section 2.6.28. if it is demonstrated. by the applican~
and determined by the board Of zoning appeals that the site proposed for
development of an autOmObile Service l;lation iS separated from lm0ther
automobile service station by natural or man-made boundarieS, structures or
other features which offset or limit the necessity for Such minimum distance
rcquirements The boar.d of zoning appeals decision to waive part or all of
Ihe distance requirement~ Shall be based upon the following factorS:
Whether Or not the nature and tYPe of natural or manmade boundary,
Structure, or othe. r feature lying between the propol~cd establishment
and an existing l~utomobilc Service station iS detcrrqincd by the board
to lessen the impact 0.f the proposed Service ~;tat o.n, Such boundary,
Structure or other feature may inc. lUd¢, but not be limited t0, lakes,
marshes, nondevelopabl¢ wetlands. desip._nated preserve areas. canals
and a minimum of a four-lane arterial or collector right-of-way,
2. Whether Or not the automobile ServiCe station is only engaged in
Servicing of automobileS during' reuular. daytime business hours. or if
in addition to Or in lieu of Servicing, the ;station sells food, gaSolin¢;
and other conyen ence items during daytime, nighttime, or on a 24-
hour basis.,
3. Whether or not the Service station iS located Within a Shopping center
primarily. Bccessed by a driveway, or if it frOntS on and is accessed
~lirectly from a platted road riuht-of-wav.
4. Whether Or not the granting Of the distance waiver will have aq
adverse impact on adiaccnt land uses, especially residential land. uses..
I 2,.6.28.4.1, Waiver reque~rt submittal requirementS, The request for an automobil~
service statioq waiver ~hall be based on the sul~mittal of the requir¢¢l
application. a site olan, and a written market study analysis which iustifies a
need for the add. iti0nal automobile ServiCe Station in the desired location,
The site Dlan shall indicate the followinto
1, The dimensions of the subject pro~rtv.
2..~. All vehicular points of inp. ress and etress.
Words ¢tr-:~ t.t::z'-"'.t.. arc deleted, words vnderline~d Ire added.
33
Comnliancc with all rca_uircmcnts or this code indudin2 the location
9f !h~; Str~Ctures on site. landscarfinlz. off-strcct narkln~. site
circulation. architectural dcsi~_n Euidclincs. and siE_nalzc.
4. All proposed buffer areas,
~¢ site plan shall ~lso indicptc Ih~ layout and tv~e 0f land usc~
Sunounding th~ subject oro~v within 500 feet. The site ~lan
show the !ayout of ~hc road 0n which lh~ pr0~SCd ~do~ fronts 0r to
which access is provided, including the ty~ Of ~ad, the number of
tanks, and th~ location or inlcrscctio~ and lure lan~, mcdia~
locations and ~edian widths, for a 500 foot di~tan~ from the ~ub}ec~
p~r~el.
;.6.28.4.2, ~dditional conditions. ~e b0~rd 0fzoning appeals Shall have the right t0 add
additional conditions or requirements ~0 its approval 0f a distan~ waiver reqUeS1
order Io insure ~ompatibility 9f the aut0mobile Se~ic¢ ~tati0n with the ~u~oundin~
area and the goals and 9biectives of the Oro~h Management Plan,
See. 2.6.35. Communication toweB.
2.6.35.2. Definitions. As used herein "antenna" does not include ~ wire antennas o~lb~ 'receive
only' dishe~ that have an outside diameter of less than f0~Y (40) inche~. A "tower" is a
structure for the prima~ pu~ to raise the height of an antenna. An "antenna structure"
is a base, stand, or other method of stabilizing an antenna but the prima~ pu~se is other
than raising a height of an antenna. "Effective radius" means a radius of six miles from the
respective towFr unless a lesser radius is approved. "Lesser effective radius" means an
approved radius of less than six miles. "Zoning district" includes are~ within planned unit
developments (PUD) that have density requirements simil~ to those specified in this
section. "All," "any," and "each" means exempt and nonexempt towe~, st~ctu~s, and
owners unless the context clearly indicates othe~ise, but does not include old towe~ or
old sites except in subsection 2.6.35.6.13 related to ins~ctions. An "old" tower or site
means a tower or site that was approved prior to the effective date of Ordinance No. 91-84.
A "new" tower or site means a tower or site that requires approval under this section. An
"approved" tower or site is a tower or site that was approved under Ordinance No. 91-84 or
is approved under this section. "Owner" refers to a sole owner or any co-o~er. "Rent"
means to rent, lease, or othe~ise provide tower or site space. "Monopole communications
tower" me~s a commercial vertical single tubul~ self-sup~ning tower for non-p~abolic
antennas with small effective radii. "Unavailable to the applicant" means a tower that
cannot accommodate the applicanrs proposed antenna or a site that cannot accommodate
the applicanrs tower, antenna, and related facilities "Unavailable" means that no
additional tower or site capacity is available to anyone. "County m~ager" includes
designees of the county manager. ~e singular includes the plural and vice ver~ unless the
context clearly indicates othc~ise. "Government" means the United States government
and any agency thereof, the State of Florida and any agency thereof, any municipal
corporation and any agency thereof, Collier County and any agency thereof, and any
district. Except as to monopole communications towers, ~d st~ctures and antenn~ that
arc limited to 20 feet or less in height without conditional use approval, heights of Iowe~
and structures s~cified herein are exclusive of any ~tenn~ a~xed thereto ~d are
exclusive of the res~ctivg ground elevation.
e2.6.35.6.2. Petitted ground-mounted towers. ToweB not exceeding the stated maximum heights
a ~itted use subject to other applicable provisions of this section, including separate
requirements and shared use provisions. ToweB that exceed those s~cified m~imum
heights require ~ndi~cna~ ............ a in nccordanc~ w lh ~ection 2,7,5,
.... ~ ...... a variance
I. All commercial ~d industrial ~ning distficts: Any tower up to 75 feet in height is
a ~ittcd u~ ~.~j... tc mid!mum .... ~ ..... : ...... Fovidcd the b~c of such
tower is separated a minimum d~tance of 75 fcct from the nearest ~unda~ with
~nY parcel Of}and zoned RSF-1 through RSF-6. RMF~. E. RMF-12. RMF-16. RT.
Words ~ arc deleted, words ~ndcrlin~ m 34
..... . Any
tower that exceeds 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 bas~ of
such tower is separated from the nearest boundary of any parcel of land zoned RSF-
I through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD
zoning of six residential dwelling units or less, by a minimum distance in feet
determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The
minimum separation distance is 2 V, times the height of the tower.) Towers which
do not meet the separation requirement may apply for a variance in accordance with
section 2.7.5.
O 2. Agricultural zoning districts within the urban designated area: Towers not
exceeding 200 feet.
3. Agricultural zoning districts within the rural designated area: Towers not
exceeding 280 feet.
All agricultural zoning districts: No tower ~
· ' ' shall be allowed on any
site comprising less than 20 acres under common ownership or control except such
' ' ', towers can be approved u a conditional use on sites
of less than 20 acres ~ '
SUBSECTION 3.E: AMEN~DMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivisions, of Ordinance 91-102, as amended, the Collie County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2 SUBDIVISIONS*
See. 3.2.4 Exemptions.
3.2.4.10.1 Exemption from platting and subdivision regulations. The division of property, llg, g.llxlillg
111~, meeting the definition of rural subdivision shall not require the
subdivider to record a final plat nor comply with the subdivision regulations provided in
division 3.2. ' ' ~ '
..... a'
~ · ~ . . . ..
~. The division of property not meeting the
definition of rural subdivision is required to comply with all requirements of division 3.2.
3 ·2.4. ! 0.2 DeeeLy and other conveyances. All deeds and other eonveyanee~ for propeaies meeting the
definition of rural subdivision '" shall include in ten-point type the
following statement:
Worda m~ ar~ deleted. word= $ at~ addel
"NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER
BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF
ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY
PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED".
3.2.4.10.3. Building permits for rural subdivisionL ~ ~ ' ·
plat is recorded. P~er :e tee L--:' ~ ' ·
....
.....
l)
(-e) ....
0,-) " "
ee - ' '.
~ ....
3.2.4.10.4. ,~ccess agreement. The owner of property applying for a building permit,
....... , shall execute a release and
waiver agrccmcnt which shall bc executed and rccordcd at the applicants expense in the
official records of Collier County. The release and waiver agreement shall bc in a form
approvcd by the county attorney or his designce, and shall include, at a minimum, the
following provisions and a copy of the recorded agreement submitted with the property
owncr's building permit application:
SUBSECTION 3.F: AMENDMENTS TO SITE DEVELOPMENT PLANS
Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.3 SITE DEVELOPMENT PLANS
Sec. 3.3.5. Site development plan review (SDP) procedures.
3.3.5.5.5. Infrastructure improvements plans. Detailed on-site and off-site
infrastructure improvement plans and construction documents prepared in
conrormance with the design standards of division 3.2 and any current county
ordinances, rcgnlations, policies and procedures which consists of, but are not
lirnited to, the following items:
I. A cover sheet setting forth the development name, applicant name,
name of engineering firm, and vicinity map.
2. Irnprovcrncnts for water and sewer service as needed or as rnay have
been specified during a prclirninary site development plan review
prepared in conformance with Collier County Ordinance No. 88-76 as
amended.
3. Irnprovcrncnts for roadway, ' - '
circulation, ingress and egress, parking and other transportation needs,
including traffic calrning devices, required or as rnay have been
e specified during the preliminary site development plan review,
prepared in conformance with section 3.2.8.4 subdivision design
requirements (for purposes of this requirement, all references in
section 3.2.8.4 to "subdivision" should be read to mean developrnent,
where applicable and appropriate).
......
.......
Words s~ are deleted, words ~ tre $dded.
36
Wor~ om~ arc deleted, words ~ ar~ added.
37
Crosswalks shall b¢ required at any intersection where the distance to
lh~ nearest crosswalk is I~reater than 1000 feet.
Improvements for water management as needed or as may have been
specified during the preliminary site development plan review,
prepared in conformance with section 3.2.8.4 subdivision design
requirements (for purposes of this requirement, all references in
section 3.2.8.4 to "subdivision" should I~ read to mean development,
where applicable and appropriate), and pursuant to South Florida
Water Management District rules, chapter 40E-4, 40E-40 and 40E-41,
Florida Administrative Code.
All necessary standard and special details associated with sections
3.3.5.5.5.2 through 3.3.5.5.5.4 above.
~.8_. Written technical specifications for all infrastructure improvements to
be performed.
Engineering design computations and reports for water, sewer, roads
and water management facilities, ns required by federal, state and
local laws and regulations.
8:10, Topographicnl map of the property which shall include the following:
n. Existing features, such as, wntereourscs, drainage ditches,
lakes, marshes.
b. Existing contours or representative ground elevations at spot
locations nnd minimum orS0 feet beyond property line.
c. Benchmark locations and elevation (NGVD).
~..LL, Site clearing plan and method of vegetation disposal.
Words :'..'~:~ *-h.'-'-'gh $r~ deleted, words IJnderlined m'e added.
38
SUBSECTION 3.G: AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND
PRESERVATION
Division 3.9, Vegetation Removal, Protection and Preservation, of Ordinance 91-102, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION :t.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION
3.9.5.2.6. Protected vegetation proposed for removal is nonnative. Replacement of nonnative
vegetation shall bc wilh native vegetation of comparable callper and area and shall be
subject to the approval of the development services director or his/her designee. In
the event that comparable callper or diameter at breast height (dbh) vegetation is not
available, smaller dbh Irees that total the requisite callper may be substituted. Under
no circumstances will a tree or shrub less than the minimum size requirement for
landscaping be accepted. (ExCeptionS will be granted. for removal Of nopnativ~
vegetation as listed in Sections 2,4,4,9 Ihrqugh 2.4.4.11. The replacement
requirement for this vegetation shall be on a 1:1 basis. usimz the minimum mitigation
size criteria listed under Section 3,9,5.5.4.) Replacement native vegetation shall be
planted within 14 calendar days of removal.
3.9.5.5.5. Bona .~..d<~ ,a, agricultureal uses shall be exempt from the above preservation
requirements provided that any new clearing of land for ~uch agricultureal uses shall
not be convened to nonagricultural development for at least ten years. For
purpose of this section, the term bona fide agricultural use~ shall include the
following: croo raising: dairy farminx: horticulture; fruit and nut production;
forestry; I~r0vqs; nurseries; ranchlnm poultry and ear production: livestock
raisinu: and a~ricultur¢ for native species subiect to State of Florida Game and Fresh
Water Fish Commission permits. And me:t: the r:qu!::'...::t: :f ',,::tL~r. 2.5.2~.. For
any such conversions in less than ten years, Ihe convened land will be restored with
native vegetation to Ihe degree required by this code at the time the clearing
occurred. The communilv development and environmental services administrator. or
his/her designqe, may granl writlCr~ exemp~ion|s tO the above preservation
requirements on agriculturally Zoned property for essential public services (as
provided for in section 2.6.9) and cemeteries, wher~ it (:an be d(.'monstrated that it
in the best int~re~:~t of the general public to allow a reduc~i0n in all or part from the
requirements for preservation 0f~xlsting native vegetation,
SECTION 3.He AMENDMENTS TO DEFINITIONS SECTION
Division 6.3 Definitions, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 6.3. DEFINITIONS
Dwelling, single-family or one-family: A building which 1) contains only one (I) dwelling unit;
2) is intended, designed, used and occupied by no more than one (I) family; 3) meets the
minimum width across any front, side or rear elevation of twenty-four (24) feet; and 4) meets the
minimum floor area and maximum height requirements of this code. The following conditions are
as much a part of the definitions as lhe principal definition:
a. The dwelling shall comply with the minimum square footage requirements for
single-family dwellings of this code for the district in which it is located.
b. The dwelling shall be connected to a public sewer and water supply or to such
private facilities approvcd by the county health department.
c. The term single-family dwelling may include manufactured homes when placed on
permanent foundation. Manufactured homes must meet minimum width, minimum
Words ::r~:~ :~-'g~ are deleted, words ~ndcrlined are ~ddcd.
39
square footage, maximum height and all other requirements applicable to on-site
built dwellings.
d. On-site built as well as manufactured homes must be firmly attached to n permanent
foundation constructed on the site in accordance with the county building code.
e. In the event Ihat a dwelling is a mobile home, it must comply with minimum width
and minimum square footage and must be secured to the premises by an anchoring
system or device complying with the rules and regulations of the Florida mobile
home commission. Each mobile home shall be installed with the wheels under
carriage or chassis, obilo col in with t ls and e ulation o th
1 r' bi o ' i o e co ' d 'n I-a il dw li
f. b'lh h Ilotbcoomeani te in zonin droll tric which II w in l-famil
d I1' 'Red us sw~s~u Inest~he trm obil o is x r I tat d s
ermitt dot conditional use.
Rural Subdivision: The division of a parcel of land within the rural area as defined herein,
whether improved or unimproved, into twe- three or more contiguous parcels of land each
of which is five acres or greater, and not including any change in a public street, rights-of-
way or access easement. The following prior or future divisions of land shall constitute the
subdivision of rural lands:
(a) Lots or parcels within the rural area that are a lot(s) of record as defined herein and
identified on the tax roll as of December 31, 1993 or valid contracts for deeds as of
the same date, provided they have a private easement reserved or recorded in the
public records or a public or private right-of-way that has access to an easement as
of December 1993; or,
(b) Lots or parcels five acres or greater that arc created after December 31, 1993 and
rio o ul 99 that gain access through the grant of a private access
easement or private right-of-way.
(c) Lots or parcels five acres or greater than that are created after D~emlae.4h-t-9~
~ that gain access through the grant of a private access easement or
privatefight-of-way. Th'sfo of a I ubdivisi n hallnot xe tfomth'
I' ' bd'v'si la PSP rocs }t~t~t~owev r re uired subdivisio
im__.provements and standards hall revicwed th develo meat trices and
~inist tot on c e b ca ba i
Sign, construction: A temporary sign placed in advance of issuance of a certificate of
occupancy of a building or structure indicating the name of the building or structure, the
architects, the contractors, and other similar information regarding the building or structure.
t t' ' d t tnsocona' a r~m~atooionlaor sal atefiat. (See division 2.5.)
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinnnce shall become and be made n part of the Land Development Code
of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
Words eifuek4kaa~a are deleted, words dlLp..d$/!ip..~ are added,
40
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County.
Florida, this c,'7.t/'~ day of O, at4J ,1998.
/r BOARD OF COUNTY COMMISSIONERS
eA ' "~' ' '
Attest a~' to .Cba~trii'n's
s/t~hlf~ '~O FORM AND LEGAL SUFFICIENCY Th~s
0 O e'$ Ce
ASSISTANT COUNTY A'ITORNEY
]ANUARY 91 ORDINANCEtrod/f:
Words olfu~,41.~ll~ ar~ deleted, words undcrllned ar~ added.
41
COLLIER COUNTY LAND DEVELOPMENT CODE
2' Slope
~---Volley ~-~/4' Per Ft.
Gutter _
1.5' T~e S
12' A~hol ic
~ ~ ~ L~rock Ba~ed) ~ Line~
(~R ~oo)
12' Stob~llzed ~bgrode (~R 40)
Sonitory Sewer L~ati~~
Air.ale Locoti~s
Dedati~s Require ~pro~
Of Wostewoter Dep~tm~t
Not~
,) ~ ~,. ~,. ,~ s ~ ~ - Cul-De-Sac
2) ~ ~te ~ may ~
~ ~te ~k. ~ ~ by ~e Not~
~k~ ~ ~1 be ~t to ~e ~
mint ~ ~t~. r~ ~k
Sul~. Ne. 5
] Stele: 1.'- 10'
Collier County Development Collier County Subdivision
Services Departm.ent Typical Roadwoy Section n.e toce4.~
APPENDIX B-TYPICAL STREET SECTIONS
60'
1/4'_Per FL
· L- ~ .J2'~.-- 5 --- ' ' '
Asphol
Force f 6 (
Sonltory Sewer Locotion_~
Alternate Locations or
Deviations Require Approval
Of Wostewoter Deportment
.o,.. Local Street
~ by ~e c~nty ~t ~g~.
4' ~ ~ (~).
3) ~e~ ~ ~ggest~ I~t~ of ~os~c~e ~
m~t ~ d~t~.
Collier County Development Collier County Subdivision
Services Departm~nt T~ical Roadway Section
COLLIER COUNTY LAND DEVELOPMENT CODE
60'
'"" R/W Slope e.__.,
5" T~e S-1 ' ~ 1'
Aspholtlc Concrete-----\ .
Sonltor~ Sewer Locoti~
~t~ate L~at~s or
De~oti~s Re~e Appro~l
Of Wastewater Deportm~t
COMMERCIAL/INDUSTRIAL
Note~:
1) Alph~tl~ conc~et~ i~o~ be t~pe S ~ ~ ~ ~o~ by ~e ~nty 4) If ~y ~ di~ I~el ~ ~ 14' ~d ~e m~ ~t of
2) ~tE c~ete ~kl moy ~ ~bltltuted fw ~tl ~lflkl 1~ ~1 ~
~ ~ b~ ~l ~flty d~t ~g~. ~t ~kl ~ 5) ~t~ I~e d~ ~ ~1 ~ ~ ~ ~ wt~ the
~ ~ I ~ N.T.~
Collier County Development Collier County Subdivision
Services Deportment T~icel Roodwo~ Section
APPENDIX B-TYPICAL STREET SECTIONS
60'
4' white stripe between bike lone
and travel lone. Appropriate traffic ~ Slope 0.__.,
signing and striping for b~e lone. 1/4' Per Ft. \ Concrete
11~ _ ~ Walk
4' · 11' __ ' ' ~ ~3' i 6' . t 4'
2' Typ. S -~J
Water
Main I
Volley - I
Sonltary Sewer Location Gutter
Alternate Locations or
Deviations Require Approval
Of Wostewoter Deportment
Minor Collector
Not~:
2). A~h~tlc concrete ~lde~. mey be eubetltuted f~ cc~crete
wh~ .o~pved. by the count), devOe,pratt ~glnee~. A~alt ~ ~
Collier County Development Collier County Subdivision o.t.: 6/9~
Services Department Typical Roadway Section nLe Locsy.ow~.
COLLIER COUNTY LAND DEVELOPMENT CODE
15' MEDIAN
...,... 4' · 22' li
- 8' uu~oc~ BAS~'- CUR~
~ '-PR?lED (LDR 100
~.__12' STABIUZED
SUBC, RADE (I.BR 40)
AS REQUIRED
WHEN REQUIRED) ~ASPHALI'lC --*-'{ 2' I'~
PER
FT.
SANITARY SEWER LOCA'IION - CONTOUR J
o.
WASTEWAT-r.R DEPARTMENT UNE
Not,a:
I) /~pholtlc ~oncrete .boll b~ typ~ $ or .q~ol oe o~ by the county
2) ^~.,u~ ~.t..~.~, ~oybe .~b.,~t., ~ ~.~. e~,~k. Maior Collector
w~ opprc~d by the cm~ty d~v~opm~nt ~'. ~phoit wolks
be one ($') f~t whir thon the ~l)eclf~d c~rote wotk. l~e oa~holt w~dk
3) D~Uen from the ~ugg#ted Ioc~tlon of lnfro~trucb~e er
p~th .h~ be ~b~ct te the dev~opment ~en4c# directs.
='=' Collier County Development Collier County Subdivision ~.t= ~/~
Services Departm.ent Typical Roodwoy Section
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-63
Which was adopted by the Board of County Commissioners on the
24th day of June, 1998, during Special Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of June, 1998.
DWIGHT E. BROCK
Clerk of Courts a~d.:a~erk ~:"' ..'~,"
Ex-officio to Board'6f ~, ".. i ~'' ': ~''
County CommissionerS'.:
By: Ellie Hoffman ~.~,
Deputy Clerk .