Ordinance 97-26 ~X~-a'__~ Gl. ORDINANCE NO, 97-
26
~ .A~NDED, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE,
"'L/~.~o.~ c ~ ,~ ~ l':.~ ~,VI 11 CH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
?~ CO~TY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
~:: RE(~JTALS; SECTION TWO, FINDINGS OF FACT; SECTION
~ TltI~E, ADOPTION OF AMENDMENTS TO TIlE LAND
-.! ~ DE'~ELOPMENT CODE, MORE SPECIFICALLY AMENDING
~ AR'~ICLE I, GENERAL PROVISIONS, DIVISION 1.18. LAWS
ti- o-~ INCORPORATED BY REFERENCE IIEREIN; ARTICLE ~l, ZONING,
DI~SION 2.~. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING
TIlE ADDITION OF THE MARCO ISLAND (MIZO), STATE ROAD 29
COMMERCIAL (SR29COD) AND JEFFERSON AVENUE
COMMERCIAL (JACOD) ZONING OVERLAY DISTRICTS, DIVISION
2.4. LANDSCAPING AND BUFFERING, DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS, DIVISION 2.7. ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.2.
SUBDIVISIONS, DIVISION ~3.5. EXCAVATION, DIVISION ~3.6. WELl,
CONSTRUCTION; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITION OF ADULT
LIVING FACILITY, CARE UNIT, CONTINUING CARE RETIREMENT
FACILITY, GROUP HOUSING FACILITY AND NURSING HOME;
AMENDMENT OF THE FOLLOWING OFFICIAL ZONING ATLAS
MAPS - MB2A, MB3A, MB4A, MBSA, MBIB, MB2B, MB3B, MB4B,
MBSB, MB6B, MBTB, MBgB, MBgB, MB2C, MB3C, MB4C, MBSC,
MB6C, MBTC, MBSC~ MBgC, MB4D, MBSD, MB6D, MBTD, MBI~D,
MB9D, MBIOD, MBSE, MB6E, MBTE, MBSE, MBgE, MBIOE. MB6F,
MB7F, MBSF, MBgF - TO REFLECT THE MARCO ISLAND ZONING
OVERLAY DISTRICT DESIGNATION AND REMOVE THE ~'RP"
DESIGNATION IN ORDER TO CONFORM TO THE NEW SECTION
:Z.2.26. OF THIS CODE; AMENDMENT OF THE FOLLOWING
OFFICIAL ZONING ATLAS MAPS - 6928S, 693:ZS, 6933S, 6933N, 7904N,
7905N - TO REFLECT THE SR 29 COMMERCIAL OVERLAY
DISTRICT DESIGNATION IN ORDER TO CONFORM TO THE
REQUIREMENTS OF NEW SECTION :1.2.27. OF THIS CODE;
AMENDMENT TO THE FOLLOWING OFFICIAL ZONING ATLAS
MAP - 6933S TO REFLECT THE JEFFERSON AVENUE
COMMERCIAL OVERLAY DISTRICT DESIGNATION IN ORDER TO
CONFORM TO THE REQUIREMENTS OF NEW SECTION :l.:l.28 OF
THIS CODE; SECTION FOURs CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE;
AND SECTION SIX, AN EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code, which has been subsequently amended;
and
WHEREAS, the Land Development Code may not be amended more than two times in each calendar
year pursuant to Section 1.19. !., LDC; and
WHEREAS, this is the first amendment ~o the Land Development Code, Ordinance 91-102, in this
calendar yea~, and
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05/29/97
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, lhc Board of County Commissioners, in a manner pr~scribed by law, did hold
advertised public hearings on May 21, 1997 and June 4, 1997, and did take action concerning these
amcndments to Ihe LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, TIIEREFORE BE IT ORDAINED by Ihe Board of County Commissionart of Collier County,
Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by ref~,~nce heroin as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following findings
of fact:
I. Collier County, pursuant to Sec. 163.3161, et inl., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafler the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption ofthe Comprehensivs Plan, the Act and in particular Sec. 163-3202(I). Fla.
Star., mandates that Collier County adopt !and development regulations that are consistent with and
implement the adopted comprehensive plan.
Scc. 163.3201, Fla. Star., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required
by the Act.
4. Sec. 163.3194( I )Co), Fla. Slat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or po~ion
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 amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Slat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January I 0, 1989, Collier County adopted the Collier County Growth Management Plan
O(herelnafler the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
r~luirements of S~c. 1634.3161 etinsl. Fla. Star., and Rule 9J-5, F.A.C.
7. See. ! 63.3194(1Xa), Fla. Star., 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
Words :~.:=k ,..k..=~.k. are deleted, words ~ are added.
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05/29/97
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla, Slat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
I 0. On October 30, 1991, Collier County adopted lhe Collier County Land Development Code,
which became effective on November 13, 1991 and may be mended twice annually.
I 1. Collier County finds that the L ':qd 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 fi'om 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 wclfar~ 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, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and
maintain through orderly growth and development, the character and stability ofpresent and future land uses
and development in Collier County.
! 2. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, F!a. 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 LAWS INCORPORATED BY
REFERENCE DIVISION
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Division 1.18, Laws Incorporated Herein By Reference, of Ordinance 91-102, u
amended, the Collier County Land Development Cede, is hereby mended to read as follows:
DIVISION 1,18, LAWS INCORPORATED .~IEREIN BY REFERENCE
The following Collier County ordinances and laws, as mended or superseded, are hereby
incorporated into this code by reference as if fully set forth and recited heroin. Repeal or
amendment of these ordinances, or adoption of successor ordinances, shall not be subject to
procedures otherwise required for adoption of amendments to this code, except as otherwise
required by general law.
Subject Ordinance Number
Collier Coun_ty Streetscape Master Plan (CCSMP) 97-25
SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS,
FERMITTED USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as a :jended, the Collier County Land Development Code,, is
hereby amended to read as follows, including the addition of Marco Island Zoning Overlay
District, the State Road 29 Commercial Overlay District and the Jefferson Avenue Commercial
Overlay District:
DIVISION 2,2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
See. 2.2.2. Rural agricultural district (A).
2.2.2.2.2. Uses acces$ory to permitted uses.
5. Ex-~'~:~:r. :r ~_-'.t:::.!nir, g, ~ and related processing and
production subject to the following criteria:
a. The activity is clearly incidental to the agricultural d~velopment of the
property.
b. The affected area is within a mxrfac,~ water management v/stem for
agricultmal u,~ as permitted by the South Florida Water Manage=nent
District.
c. The mount of excavated material re,iioved from the site cannot exc,e,~tl
4.000 cubic _yards. Amounts in excess of 4.000 cubic yards shall re~_uim
conditional use a_ _nprova] for earthmlnlng. pursuant to the procedures and
conditions set forth in section 2-7.4,
2.2.2.3. Conditional uses. The following tmea are permitted as conditional usea
in the rural agricultural district (A), ~ubject to the ~tandards and
procedures established in division 2.7.4.
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;2.2.2.3.16. Group care facilitics (catcgory! and 11); care (]nits; a~l nursing homc~;
assi~d living facilities pursuant to s. 400.402 F.S. and cb. 58A-5
F.A.C.: and continuing care retirement comraunitie~s pursu_arLt.l~. 651
F_.~. and ch, 4-!93_F,fi.C_, al! subject to section 2.6.26. wh~
within the Urban Designated Area on the Future Land Usc Map to the
Collier County Growth Management Plan.
2.2.3. Estates distrtct (E).
2.2.3.3. Conditional uses. The following uses are permitted az conditional use~
in the estates district (E), subject to lhe standards and proccdures
established in division 2.7.4.
5. Group care facilities (category I); care units, subject to the
provisions of section 2.2.3.3.6: ~ nursing homes-~
living facilitics pursuant to s. 400.402 F.S. and ch 58A-5 F.A.C.:
and continuing care retirement communities pursuant to s. 651
F.S. and ch. 4-193 F.A.C.: all subject to section 2.6.26.
2.2.4. Residential single-family districts (RSF).
2.2.4.2.2. Uses accessory to permitted wes.
2. Private dock~ and boathouses, subject to section 2.6.2 I. and
2.2.4.3. Conditional uses. The following uses are permitted as conditional uses
, in the residential single-family districts (RSF), subject to the standards
· and procedures established in division 2.7.4.
I. Noncommercial boat hunching facilities, and multiple dock
facilitie, ~dOoo~tJaour~, subject to the applicable review
criteria set forth in section 2.6.21.
7. Group care facilities (category I); care units subj¢¢! to thc
provisions of section 2.2.4.3.8: ~ nursing
living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.:
and continuing care retirement communities pursuant to s. 651
F_S. and ch, 4-193 F.A.C.: all subject to section 2.6.26.
2.2.5. Residential multiple-family-6 district (R3{F-6).
2.2.5.2.2 Uses accessory to permitted uses.
2. Private docks;, and boathouses, subject to section~ 2.6.21, and
2.6.22.
2.2.5.3. Conditional uae& The following uses are permitted az conditional usa
in the residential multi-family-6 district (RMF-6), subject to the
standards and procedures established in division 2.7.4.
fc~h in r,,~tizn 2.5.2 l,
7. Group care facilities (category I and II); care units; ~ nursing
home.~.: assisted living facilities pursuant to s. 400.402 F.S. and
Wor& r.m::k :.u. rz"g,'; are dele(ed, worth underlined are added.
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05/29/97
ch. 58A-5 F.A.C.: and eontlnuin? esre retirement commanifty.
.nursuant to s. 651 F.S. and ch. 4-193 F.A.C.; sT| subject to
section 2.6.26.
[Renumber this section as necessary]
2,2.6, Residential multiple-family-I 2 district (RMF-12),
2.2.6.2.2. Uses accessory to permitted u.ves.
2. Private dock~ ~ subject to sections 2.6.21 .and
2.6.22.
2.2.6.3. Conditional ~e~. The following uses are permitted as conditional uses
in the residential multi-family-12 district (RMF-12), subject to the
standards and procedures established in division 2.7.4.
7. Group care facilities (category I and ll); care units; and nursing
homes~: assisted !ivin_~ facilities pursuant to s. 400.402 F.S. and
ch. SgA ..5 F.A.C.' and continuin? care retirement communit;--
.nursuant to s. 651 F.S. and oh. 4-193 F.A.C.: all subject to
section 2.6.26.
, [Renumber this section as necessary]
2,2,7, Residential mnltiple-family-I 6 distrtet (RMF-I 6)
2.2.7.2.2 U.~e~ aece. vsory to permitted
2. Private decksv ~ subject to sections 2.6.21. and
2.2.7.3. Condiaona! ~es. The following uses are permitted as conditional uses
in the residential multi-family-16 district (RM'F-16), subject to the
standards and procedures established in division 2.7.4.
7. Group carc facilities (category I and It}; care units; end nursing
homes:: assisted livln_xt faeilitles pursuant to
oh. 58A-:5 F.A.C.: and coatinn;rig care retiremeT~t commun]ti~
.nursuant to s. 651 F.S. and ch. 4-19] F.A.C.: a|l subject to
section 2.6.26.
[Renumber this section as necessary]
See, 2,2.8, Residential tourist district CRT),
2.2.8.2. Permitted U~e.T. The following uses arc permitted as of right, or as uses
acccssory to !x'rmitted uses, in the residcntial tourist district CRT).
2.2.8.2.1. Permitted use. t
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05/29/97
I. Hotels and motels.
2. Multiple-family dwellings.
3. Family care facilities, subject to section 2.6.26.
4. Timeshare facilities.
5. Townhouses subject to section 2.6.36.
2.2.8.2.2. Uses accessory to permitted uses,
3. Private docks~ and boathouses. subject to sections 2.6.21, and
2..6.22.
2.2.8.3. Conditional uses. The following uses are permitted as conditional uses
in the residential tourist district (R'r), subject to the standards and
procedures established in division 2.7.4.
3. Noncommercial boat launching facilities eH-~eg~e~
subject to the applicable review criteria set forth in section
2.6.21.
4. Group care facilities (category ! and II}; care units; emi nursing
homes,: assisted living facilities pursuant to s. 400.402 F.S. and
ch. 58A-5 F.A.C.: and continuing care reiirernent communities
pursuant to s. 651 F.S. and ch. 4.193 F.A.C.: all subject Io
, section 2.6.26.
2.2,9, Village residential district (VR),
2.2.9.2.2. Uses accessory to permitted uses.
2. Private docks~ and boathouses. subject to sections 2.6.2 I. and
2.6.22.
2.2.9.3. Conditional uses. The following uses are permitted as conditional uses
in the village residential district (VR), subject to the standards and
procedures established in division 2.7.4.
I. BoaWards, beethermes; subject to the applicable review
criteria set forth in section 2.6.21, and marinas.
8. Group care facilities (category I and II); care units; =,,:,a nursing
homes:-: assisted living facilities pursuant to s. 400.402 F.S. and
ch. 58A-5 F.A.C.: and continuin? care retirement communities
pursuant to s. 651 F.S. and ch. 4-193 F.A.C.: all subject to
section 2.6.26.
2,2,10, Mobile home district ('MIT),
2.2.10.2.2. Uses accessory to permitted uses.
2. Private doekay iRd..l~lih~;~ subject to seaionS 2.6.21. and
2.6.22.
2.2.10.3. Conditional uses.
Words :~-:h ',-~-.--'-'g~ ar~ deleted, worth ~ are added.
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[Renumber this section as necessery]
2.2.12. Commercial professional district (C-1) nnd I:ommerclnl professional
transitional district (C-I/T).
2.2.12.2. !~ermitte~l u~ex. The following uses, as idcnti~ul with a number from the
Standard Industrial C!usif~cation Manual (1987), or as otherwise
provided for within this section, are permitted as of right, or as usa
accessory to permitted uses in the C-I commercial professional district
and the C-!/T commercial professional transitional district.
2.2.12.2. ! . Permitted Uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521).
3. Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371,
7372, 7374-7376, 7379).
4. Child day care services (8351).
5. Group care facilities (category I and H, except for homeless shelters);
care units except for homeless shelters; and nursing homes-,;_gli,~d
, living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.: and
. ~;~ntinulng car~ retirement communities pursuant to s. 651 F.S. and clt
~q2~e,A,C,.iH subject to Section 2.6.26.
6. Engineering architectural, and surveying services (groups 871 !-8713).
7. HCalth Services {801 ! -8049).
78. Individual and faxnily social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only),
8:.9. Insurance carriers, agents and brokers (group 631 !-6399, 6411 ).
~.10. Legal services(8111).
40:.11. Management and public relations services (groups 8741-8743, 8748).
-1-k. 12. Miscellaneous personal services (7291).
-~..13. Museums and art gali~des (8412).
4-3:.14. Nondepository credit institutions (groups 6141-6163).
44,15. Real estate (group 6531-6541).
44:16. Any other commercial use or professional services which is comparable
in nature with the foregoing uses including those that exclusively serve
the administrative as opposed to the operational functiona of a business,
and are purely associated with activities conducted in an office.
Words :=.::.~_ '..~_'=.'g~. are deleted, wonis ~ are added.
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2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the
commcrciai professional/transitional district (C-I, C-l/T), subject to
standards and procedures established in division 2.7.4.
1. Civic, social and htcrnal associations (8641).
2. Depository institutions (groups 6011-6099).
3. Educational services (821108231 ).
[Rcnumbcr this section as necessary]
2.2.13. Commercial convenience district (C-2).
2.2.13.2. Permitted uses. The following uses, as identified with a number from the
Standard Industrial Classification Manual (1987), or as othenvise
provided for within this section, ar~ permitted as of right, or as uses
accessory to permitted uses in the C-2 commercial convenience district
2.2.13.2. !. Permitted Uses.
. ~ F~ stor~ (~ups 541 ! ~c~t sup~m,5421-54~)
& ~ G~line s~cc ~tions (5541 subj~t to s~tion 2.6.28.)
~8. G~I M~handise Sto~ f5311-53991
~ = hciliti~ (catcgoW I ~d II, ~c~t for homeIra
shelter); c~ uni~ ~c~t for homcl~s shcltm; -~ n~ing
hom~: ~si~M li~ng facillti~ pu~u~t tns. 4~.402 F.S. ~d
ch. 58A-5 F.A.C.: ~d continuing c~ ~ti=~t ~mmunlti~
pu~uant to s. 651 F-g- ~d ch. ~193 F.A.C. all subj~t Io
S~tion 2.6.26.
4-~.10. Hardware stores (5251 ).
-!--~.11. Health services (groups 8011-8049, 8082).
-1--~12 Home Furnilure, Furnishing and Equipment Stores (groups 5713-.
5719, 5731-5736)
44:.13. Libraries (8231 )
· 1--~14. Miscellaneous Repair Services (7629 - exc~_t aircraft. business
and office machines. lar~_e appliances. and white goods such as
refrigerators and washing machines. 7631 ),
-1-6~15. Miscellaneous Retail Services (5912- 5942-5961 ),
4-7~16. Muscums and An Galleries (8412),
Words :~:~_ _~.~.:g.*_ are dclctcd, words underlix~ed are addcd.
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-1-gJ7. Paint, glass and wallpaper stores (5231)
4-9,11t. Personal services groups (7212,7215,7221-7251, 7291).
~-0,19. Security and eommodity brokers, dealer, exchanges and services
(groups 6211-6289).
~-k20.United States Postal Service (43 ! I except major distn'bution
center).
~..21. Veterinary services (0742 excluding outside kenneling).
~-3~.22. Videotape rental (7841).
~-4:23. Any other convenience commercial use which is comparable in
nature with the rotegoing uses including building for retail,
service and office purposes consistent with the permitted uses
and puq>ose and intent statement of the district.
2.2.14. Commercial Intermediate district (C-3).
2.2.14.2. Permitted uses. The following uses, as identified with a number from the
Standard lndu~:tial Classification Manual (1987), or as otherwise
provided for within this section, are permitted as of fight, or as uses
accessory to permitted uses in the commercial intermediate district
(C-3).
2.2.14.2.l. . Perm~tt~ Uses.
8. Group care facilities (category I and II, except for homelea
shelters); care units, except for homelea shelters; and nursing
homes~; assisted living facilities ,oursant to s. 400.402 F.S. and
ch. 58A-5 F.A.C.: and continuing care reti,=,,,ent communities
l;}Ur~uant to s. 651 F.5]. and ch. 4-193 F.A.C. all subject to
Section 2.6.26.
2.2.15, General commercial district (C-4).
2.2.15.2. Permitted uses. The following uses, as identified with a number from the
Standard Industrial Classification Manual (1987), or as othenvise
provided for within this section, are permitted as of right, or as uses
accessory to permitted uses in the general commercial district (C-4).
2.2.15.2.1. Permitted Uses.
13. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; ed nursing
homes=-: assisted living facilities pursuant to s. 400.402 F.R. and
ch. 58A-5 F.A.C,: and continuing care retirement communities
pursuant to s. 651 F,51. and ch. 4-193 F,A.C. all subject to
Section 2.6.26.
14. ~ Health Services (Groups 8051-8059. 8062-8069, 8071-
2.2.19. Community facility district (CF),
Words :_':-:~ '--~-'='-='gh are deleted, words underlined are ~dded.
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05/29/97
2.2_! 9.2. Permitted uses. The following uses are permitted as of right, or as usa
accessory to permitted uses in Ihc community facility district (CF).
2.2.19.2. I. Permitted Uses.
5. Nursing homes, AGI:,F~ ....
~ family care facilities,
group care facilityles (categoW I) ' ' '
subject to Section 2.6.26.
See. 2.2.20. Planned Unit Development district (PUD).
2.2.20.2.4. Minimum area required. The minimum area required for a PUD shall be
ten contiguous acres except ~ ~ '
" when located within an activity center or
within the urban fringe areas as designated on the future land use map of
the growth management plan where no minimum acreage requirements
must be met. For infill parcels, as defined in article 6 and the growth
management plan, the minimum area required for a PUD shall be two
contiguous acres. For the purposes of the planned unit development
district only, the term "contiguous" shall include properties separated by
either an interv.'ning planned or developed public street right-of-way;
provided, however, no portion of such properties shall be less than five
acres.
._ . ..
City Subdivision and Old Marco Village Subdivision fa/Ida "Old
Marco" ~h Marco Highlands and Marco Highlands Addition (a/lc/a "The
Highlands"): grapf Subdivision: I. M. Barfield Subdivision: Caxambas
Estates 2"d Replat and Seven Sailors Subdivision. These re_c, ulations do
not apply to the areas known as Goodland. or any areas in the Marco
Shores PUD/DRL including the Key Marco Development (a/k/a Horr's
Island), Cape Marco PUD. and Hideaway Beach PUD. The areas
included in the Marco Island Zoning Overlay District are denoted on the
official Collier Coun_W Zoning Atlas Maps by the desi_Lmation MIZO
following the zoning designation.
Words :..':-.::~....~...=::;.k. are deleted, words underlined are added.
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~YA"STI~RN
MARCO ISLAND
LADD8 8UBJECT TO PliOVIIIOD$ OF MARC6 |BLAD9 ZODtltl eYEllLAY
Map I
Words sOmdt-lhsmsgh ar~ deleted, words ~ a~ added.
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EASTERN
MARCO ISLAND
e
LANDS SUBJECT TO PROYISIONI OF MARCO ISLAND ZONIND OVERLAY
Map 2
2.2.26.3 Appllesbillty. These standards and _~uidelines are .n~.licnhle to the
above described geographic area. These re_t, ulations are intended to
supp..!ement the exitalaS !and development re_tmlatior~ found in this
f, Qde. and to thereby implement the policies. goals and objectives found
in the Marco Island Master Plan. In the event of n conflict between other
provisions of this code and these r~_~xlationg, these regu_lntions
COntained in this overlay shall ,apply.
2.2.26.4 Exceptions to these De~ltm Gnide!ines and Development Standards,
Exceptions to the development standards may be _s~pmved by the hoard
e of zoning appeals subject to the proeeduru and conditions set forth in
s~ction 2.7.5 of this code. and pursuant to the PIID procedures sel forlh
in Section 2.7.3. ofthis code.
2.2.26.5 Noneonformino_ Uses and Strnetures. ,All projects having been _c, ranted
n final site development .ularc or huildln_o permit approval prior to the
Words mwu0k-~ ar~ deleted, words underlined ate added.
Page 13 .
05/29/97
effective date of this Ordinance, but which do not comply with the
standards contained heroin. shall be considered legal nonconforminu
structures and/or uses. Structures and/or uses in existence as of the date
of adoption of this overlay district which arc not consistent with the
provisions set forth herein, shall en_ioy all of the rights accorded to a
conforming use. sub_iect to all other applicable county codes and
Ordinances. exeep. t Ihal noneonformin_~ signs shall be sub_ieet to the
provisions of Section 2.2.26.10.2.2.4. of this code. Changes in
nonconforming uses shall be permitted in accordance with division 1.8
of this code. Redevelopmeat shall adhere to the conditions found in
diyjsion 1.8 of this code. All lots of record, as defined in this code.
~hieh do not conform to the standards set forth heroin. shall be
considered noneonformlng lots of record and shall be afforded all rights
granted to such as set forth in this code.
2.2.26.6. Lands Desl_enated Residential on the Future Land Use Map of the
Marco Island Master Plan.
2.2.26.6.1. Sin?le Family. Single-family structures ere permitted in the Low
Density Residential District set forth in the Land Use Designation
Description Section of the Future Land Use Element of the Marco Island
Master Plan.
2.2.26.6.1.1. Permitted. Co~difionnl and Aeeesson/Uses: As found within section
2.2.4.. residential single-family districts [RSF}. of this code.
2.2.26.6.1.2. Development Standards: As found within section 2.2.4.4.. dimestonal
standards. of this code. except as noted below:
1. Minimum yard requirements,
al Front Yard: Twenty-five feet.
b),. Side Yard:
.L_ Lots with one-hundred feet or more of street frontage - 8 feel
2. Cozier lots with frontage of one-hundred feet or more on one
public street - 8 feet.
3. Lots with less than one-hundred feet of street frontage -
feet.
2. Maximum Height:
a)_PHnci. t~al Structures. 35 feet. as measured from FEMA
I~inimum required flood elevation. or. where no minimum
FEMA elevation has been established. from the required first
finished floor elevation,
b)_Jccesso.rv Structures. 20 feel as measured from existins
ground elevation, on average, of the subject parcel. except for
attached screen enclosures which may equal the maximum
height pertained for the principal structure.
3. Minimum Floor ,~rea: Fifteen hundred (1500,'1 square feet of !ivin_e
Woads :~.:':k ~_~::g~ am deleted, woads underlined am added.
Page 14 ·
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4, Maximum Densi_ty: 4 dwelling units per acre.
~.2.26.6.13. Design Standards and Guideline: !Reserved,!
2.2.26.6.2 Multi-Family, Multi-family structures ere permitted in the Medium and
High Density, Residential Districts set forth in the Land Use Desi_tmation
Description Section oflhe Future Land Use Element oflhe Marco Island
Master Plan.
2.2.26.6.2.1 Permitted. Conditional and Accessory_ Uses: As found wilhin sections
2.2.5_ RMF-6: 2.2.6.. RMF-12: and 2.2.7. RMF-16: of the land
development code based on the underlying zoning desig'nation of the
property.
2.2.26.6.2.2. Development Standards: As found within sections 2.2.5.4. dimensional
~ fRMF-6~: 2.2.6.4. dimensional standards fRMF-12}: and
2.2.7.4. dimensional standards (RMF-16~: of this code based on the
underlying zoning designation on the property. and as set forth below.
l. Minimum yard requirements.
a} lrate.rrront Yard: Twenty. feet f20') at a minimum.
2, Maximum Densi.tv: D~nsity within districts allowing for multi-
family residences shall not exceed the densi_ty set forth for Medium
and Hi_~h Density. Residential Districts. as the case may be. as set
forth in the Future Land Use Element of the Marco Island Master
Plan.
2.2.26.6.2.3. Design Standards and Guidelines: [Reserved.!
2,2-26-6.3- Residential MIxed Use. The Marco Island Master Plan. in the
Residential Mixed Use District. limits residential dwellings to multi-
family structures. Hotels. motels. timeshare and family-care facilities are
I~rrnitted. Non-residential uses permitted in this district are limited to
those that are compatible with and/or support the character of the area,
These uses include: parks. open space and recreational uses. churches.
schools. libraries. cemeteries and essential services as defined in Section
2.6.9.. essential services. of this code.
2.2.26.6.3.1. Permitted. Conditional and Accessory_ Uses. As provided for in
section 2.2.8.. residential tourist distrlcL of this code. Parks and .open
spaces shall be permitted uses. Recreational uses which are not
aGCesso_ry to a permitted principal use. school. cemetery_ or library_ shall
be conditional uses and essential services shall either be permitted or
conditional uses as set forth in section 2.6.9.. essential services. of this
code.
2.2.26.6,3.2, Development Standards: As ft~und within section 2.2.g.4.. dimensional
standards. of this code or as may otherwise be provided within a PUD
2.2.26.6.3.3. Design Standards and Guidelines: !Reserved].
2.2.26.7. Lands Designated Commercial on the Future Land Use Map of the
Marco Island Master Plan.
Words :::-. .::~ ~_:,:g.k. are deleted, words underlined are added.
Ptie I$
05/29/97
2.2.26.7.1. Development and DImensional Standards. and Desi_~n C,,nid¢lines
for Commercial. Mixed-Use and Multi=fnmil_v Developments._All of
the properties designated commercial on the Future Land Use Map. of
lhe Marco Island Master Plan allow for mixed residential and
commercial development. These districts are: the Village Commercial
District: the Community Commercial District: and the Town
Center/Mixed Use DistriaL Addltionallv. the Village Commercial and
Town Center/Mixed Use Districts allow for residential multi-family
uses. The dimensional and development standards provided in this code
for the underlying zoning district shall apply. except as othcnvise
provided for below. The Master Plan calls for the creation of
development standards Io be applied in the case of mixed-use or
residential development within areas designated commercial on the
Marco Island Master Plan Future Land Use Map. This overlay district
will be amended as necessary_ as development standards for sp.~ci~e
districts are developed, In Ihe interim, the following procedures for
mixed-use or residential development on property designated
commercial by the Marco Island Master Plan shall apply:
2.2.26.7.1.1.1. Mixed Use Developments: Pro_leers proposing both residential multi-
family and commercial uses for a single project or building on lands
designated commercial on the Marco Island Master Plan shall adhere Io
the following p?~cedures:
1. Projects equal to or _c, reafer than one acre in size. Mixed-use
developments may be requested in the form of a PUD. All of the
provisions of Sec. 2.2.20.. planned unit development districL of this
Code shall apply to a mixed-use PUD. exeepl that the minimum size
shall be one acre.
2. Pro. iects less than one acre in size. Mixed-use pro_leers may he
requested sub_tact to the provisions and procedures set forth in
Section 2.7.4.- conditional use procedures. of this code. The
~;onditiOnal use apl~!ication shall include the submittal of a Rite
Development or Site Improvement Plan which addresses the
l~rovisions set forth in section 2.6.26.7.2.. additions_ site
improvements and redevelopmeaL
2.2.26.7. I. 1.2. Residential Multi-family Developments. Pro_leers proposing to develop
Otl]y multi-family residential on lands designated commercial on the
Marco Island Master Plan shall adhere to the following procedures:
I. Multi:family residential develo. t~ment on pro. leas equal to or _f, reater
than one acre in size. Multi-family development shall be permitted
on projects ec].ual Io or greater than one acre in size where such lands
are currently zoned to allow for such a use and densi.ty of units per
acre- or where a PLTD re'zone is proposed. In the case of a PUD
fezone. all of the provisions of See. 2.2.20. of this code shall .a~.ly to
a_multi-family PLID. except that the minimum size shall be one acre.
Where this overlay i~ silent w~th .respect to development standards
for residential development in a commercial district or subdistricts.
the developments standards for the RMF-12 district shall be utilized
as a guideline for the PUD.
;L_ Multi-family residential development on projects less than one acr~
in size. Multi-family db-velopment shall be pertained where the
underlyin_e zoning on the property permits residential multi-family
Worcts s.':..::~' '..~."~':.~ am deleted, words underlined m Mdect.
Page 16
05/29/97
uses. subject to the densi~ provisions or the underlyin_e ~
district and the Marco Island Master Plan. Where the underl_vinF_
zoning does not permit multi-family uses. such use may be requested
2.2.26.7.1.2. Communi~ Commercial District - The purpose or lhis district is !o
provide for centers of eclivi~ that serve the needs of the surrounding
· community. The five separate ereas desi_m'taled Community Commercial
, on the Marco Island Future Land Use Map. are tunher identified b~low
· as sub-districts. Due to the unique nature or each or these sub-distriet,e
and the surrounding neighborhoods. the ratiowing specific sub,-district
development standards have been developed.
2.2.26.7.1.2.1. Collier Boulevard Pedestrian Tourist Sub-District - This sub-district
is characteriTed by neighborhood commercial uses. and other
commercial uses which cater both to tourists and year-round residents.
This sub-district is Further identified as rotlows: Collier Boulevard
p~d~trian Tourist Sub-District North. located along the east side of
Collier Boulevard. in close proximity_ to the Gulf or Mexico. north or
San Marco Road (SR 92~: and. Collier Boulevard Pedestrian Tourist
Sub-District South. also located on the east side of Collier Boutavail. in
close proximi~ to the Gulf or Mexico. South of San Marco Road. The
beundariel of the Collier Boulevard Pedestrian Tourist District are
d~icted on Map # 3 and Map # 4 below. Both the North and South
Collier Boulevard Pedestrian Tourist SuY>.Dist'ricts are located in close
proximity to. and thus ICrye- thousands of time share. hotel and multi-
family dwelling units.
Wor~ 01Rsek-lmugN are deleted. words underlined are added.
Page 17
05/29/97
COLLIIN IOUI. IVARD PIIDISTRIAN TOURIST SUBDISTRICT (NORTH SECTION)
OP THI COMMUNITY COMMIRCIAL DISTRICT
Map 3
Wordsm,e~afe delcted, words urm~ are adl:~L
Page 18
11.4
COLLIER BOULEVARD PEDISTRIAN TOURIST SUBDISTRICT (SOUTH SIECTION)
OF THe COMMUNITY COMMERCIAL DISTRICT
Map 4
2.2,26.7.1.2.1.1. Permitted. Conditional and Accessory_ Uses. ~s permitted in the
undeTlying zoning district, exert that mixed use development is
p~[mitted. sub_iect to the provisions set forth in section 2.2.26.7.]. or(his
code. All uses and structures that ar~ accessory_ and incidental to muitl-
family dwellings. as pr0yfded for in section 2,2.6.2.2. of this code. shall
be prnnitted in con_junction with an appr0yed mixed use development.
2.2.26,7.1.2.1.2. Development Standsrds:
l. Commercial Uses, The development standards for the underlyine
e zoning district shall apply, except as follows:
Required yards: As set forth in Ihe underlying zonine
district, except as follows:
l- Rear Yard: 25 feet
Words .~'~-:~ ,..k:e._.~.k. at~ deleted, words underlined are added.
Page 19 .
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2, Side Yard: 0 or a minimum of 15 feet excep~
where the ad,iacent parcels are developed. in
which case the rec~,uired side yard may be 0 In I S
feet however in no case shall the sepantion
between structures be less than ! 0 feet.,
2. Mixed-use: Mixed-llle development is permi.ed su~l to ~he
provisions set fo~h in section 2.2.26.7.1, of this code.
Residential units located on the first finor shall be structurally
separated from commercial units and shall have separate and
distinct ent,ryways and shall not be Incated adjacent to collector
or arterial roadways,
a} Minimum Dwelling Unit ,4tea: Efficiency - 450 square
feet: one bedroom ~ 600 a~luare feet: two or more
bedrooms - 750 square feet.
b~ Maximum Densi.tv: 12 units per acre.
3. Commercial and Mixed-Use. The following development
stansiar. ds apply to all development within the Collier Boulevard
Pedestrian Tourist Sub-District.
Maximum Height: Three habitable stories. whether
residential or commercial. not to exceed forty_ feet (40').
par~ing: The minimum number of off-street parlclng
spaces shall be re~.uired on-site. as proYided for in
division 2.3 of this code. unless one of the following is
approved: an off-site or shared parking petition pursuant
to the requirements and procedures set forth in division
23 of this code: a variance from the required number of
parking spaces as provided for in section 2.7.S. of this
code: or. with the submission of a multiple site
improvement plan fMSIP} or site development plan
fSDP}. pursuant to the provisions of section 2.2.26.7.2.:
two or more adjacent projects located within the
boundaries of the Collier Boulevard Pedestrian Tourist
Sub-District may be approved for a fifteen percent
~1S%) reduction in the required mount of on-site
parking. Additionally. where the combined commercial
square footage of the two or more adjacent projects is
equal to or greater than 20.000 square feet. required
parking may be based on the ratio provided in division
2.3 for shopping centers. The twen.ty percent
limitation on restaurant square footage within a shopping
center set forth in division 23. of this code may be
in~Teased to thirty_ percent (30%).
Parking areas located off all _e_ey~ shall be exempt from
the provisions of sections 2.3.4.11.9. and :~-:}:4.12~,t of
this code and may be utilized to accommOdate 10ading~
employ~ parklng~ solid waste pick,up and Other sqYjCe
functions. Parking areas ru~.uired to sup~rt ruidential
uses shall be primarily located along the alley.
Words :.':'.::~ :.,.:~:$.n: are deleted. words underlined are added.
Page 20 .
06/04/97
2.2.26.7. !.2.1.3. Commercial Desl_en Guidelines: Subject to the provisions of division
2.8_ Architectural and Site Design Standards and Site Desi~ Standard,i
for Commercial Buildings and Pro_iects._
2.2.26.7.1.2.2. Barfield Sub-DistdcL This sub-dlstdct is located at the intersection otr
Bnrlield DHve and San Marco Road (SR 92~. This sub-district is
predominantly developed wilh neighborhood commercial I_.vpe uses
includln_e a large _erocety_. drug and hardware store. restaurants and
yaHous retail shops. The Barfield Sub-District is surrounded by
established single family nei_ehborhoods. The boundaries or Ihe Barfield
Sub-District are depicted on Map # 5 beloW,
BARFIELD SUBDISTRICT
OF THI COMMUNITY COMMIRClAL DISTRICT
Map 5
2.2.26.7.1.2.2.1 Permitted, Conditional and Aeeesso~ Uses, As permitt~ in the
underl_ving zoning district_ except that mixed-use development is
permitted. sub_iect to the provisions set forth in section 2.2.26.7.1 .of this
code. All uses and structures that are aceesso_ry and incidental to multi-
Words ,'_'-.':k -'-~,-..~:~,~ are daleled, words underlined are addeeL
Page 21 ,
05/29/97
family dwellln~s. as provided For in section 2.2.6.2.2. of this code. shall
be permitted in con_iunetlon with an approved mixed use development.
2.2.26.7.1,2.2,2, Development Standards:
!, Commercial Uses, The development standards for Ihe Ullderlyin~
zoning district shall apply, except.as Follows:
Required yards: As set forth in the underl_~ng zoning
district, except as follows:
1. Rear Yard: 25 feet
2. .Tide Yard: 0 or 15 feet at a minimum cxc~..t
where the adjacent parcels are developed, in
which case the required side yard may be 0 to I
feet however in no case shall the separation
between structures be less than 10 f~'t.
2. Mixed-Use:_ Mixed uses are permitted sub.iect to the provisions
set forth in section 2.2.26.7.1. Residential components of any
development shall either be located in an independent multi-
family ,.,.~acture. or located above commercial uses if located
within a mixed-use structure. Residential units shall not be
located on the tirst floor of any mixed-use structure.
, a) Minimum Dwellin_f Unit ~4rea: Efficiency -450 square
feet: one bedroom - 600 ~uare feet: two or mor~
bedrooms - 750 square feet.
b~ Maximum Density: 12 units per acre.
3. Commercial and Mixed-Use. The followin~ development
standards apply to all development within the Barfield Sub-
District.
a) Maximum He~ht: Three habitable stories. Whether
residential or commercial. not to exceed forty_ f~i
bl Parking: As provided for in the division 2.3. of this code.
2.2.26.7.1.2.2.3 Commercial Des1_t,n Guidelines: Sub_loci to the provisions of Division
2.8.. Architectural and Site Design Standards and Site Design Standards
for Commercial Buildin~ and Pro_iects.
2.2.26.7.1.2.3. Marco Lake Sub.District - The Marco lake Sub-District is located
a~acent to Marco Lake on the south side of Firs~ Avenue. and between
Front Street and Marco Lake Drive. Existing land uses vary_ widely
from retail shops. restaurants and _~allerles. and a hotel. to medical and
contractors' offices with outside s~orage areas. Most existing strucmree
are two story_ and were constructed in excess oftwen_ty _v~ ago. This is
azl older subdivision with small twen_ty-~ve foot wide platted lots. The
boundaries of the Marco Lake Sub-District are depicted on Map # 6
below,
Words :.':.':~ ,_k...:._..g.k. are deleted, words underlined are addeeL
PIF 22 ·
05/29/97
MARCO LAKt SUBDISTRICT
OF THI COMMUNITY COMMERC|AL DISTRICT
Map 6
2.2.26.7.1.2.3.1. Permitred Conditional sad Accessory_ Uses. As pennlfted in the
underlying zoning district, excel that mixed-use development is
permitted. sub_iect to the provisions set forth in section 2.2.2&7, t.of this
Code, ATI uses and structures that are accessory_ and incidental to multi-
famiTy dwellings. as provided for in section 2.2,6,2,2, of this code, shall
bc pcrmined in con)unction with an approved mixed-use development,
2.2.26.7. 1.2.3.2. Development Standards:
1,.. Commercial U~e~. The development stnndm'ds for the
underlying zoning district shall nppIy. except as follows:
Words :."_-:~_ '.~.-:=~ are deleted. words underlined are added.
Page 23 ·
05/29/97
Required yards: As set forth in the underlying zoning
dis~ct. exert as follows:
!. Side Yard: 0 or 5 feet with a minimum separation
of 10 feet between structures.
2. Rear Yard: I 5 feel.
2. Mixed-Use: Mixed-uses am permitted subject lo the provisions
set forth in section :2.:2.:26.7.1. Residential components of any
mixed-use development shall be located above commercial uses.
Residential units shall not be located in an independent multi-
family structure. nor on the first floor of any mixed-use structure.
a) Minimum Dwe!lin~ Unit ,~rea: Efficiency, 450 square
feet: one bedroom - 600 sa. uare feet: two or more
bedrooms - 750 square feet.
Maximum Densi.ty: 12 units per acre.
3. Commercial and Mixed-Uses. The following (krvelopment
standards apply to all development within the Marco Lake Sub-
al Maximum Height: Three habitable stories. whether
residential or commercial. not Io exceed lofty feet 140'1.
, b) Parkine: For commercial uses. as required in division
2.3. of this code. The existing Marco Lake Drive
Business District provides for reduced paricing for
0rOpetries located within its boundaries. A petition to
expand the boundaries of the Marco Lake Drive Business
District to include additional public on-street parking
along Front Street may be submitted to the board of
coun.ty commissioners for consideration. The board may
consider the following factor~ in reviewing such a
request: the number of propray owners ad_~acent to the
cast side of Front Street and the south side of First
Avenue supporting the request: evidence of financial
commitment on the part of such propercy owners Io fund
any improvements within the right. of-way r~.uired to
expand the boundaries of the Marco Lake Drive Business
District; maximitation of available on-site parking on
properties located within the existing and proposed
lX~undaries of the district. and. the impacts to the public
health. safety and welfare as a result of an expansion of
the district.
2.2,26,7.1.2,3,3. Commercial Desi~_n Guidelines: Sub_iect to the provisions of division
2.8.. Architectural and Site Design Standards and Site Desi~ Standards
for Commercial Buildings and Pro_iects.
2.2.26,7J.2.4. Community_ Center Sub-DIstrict - The Comrnuni~ Center Sub-
District is located in the geographic center of the Island. and contains
luch existing land uses as the Marco Island Firehouse. the Marco ]Hand
H~althcare Center. various medical and other professional offices. The
boundaries of the Communi.ty Center Sub-District are depicted on Map #
7 below.
Words :~.::~ :.~_'=',:'g~ ar~ deleted, worth underlined are added,
Page 24
05/29/97
e
H"
,_.~~~ " , ~,,..~~
COMMUNITY tINTaR
OF THE COMMUNITY COMMfRCIA~ DISTRICT
2.2.26.7.1.2.4.1. Petallet Condltlgnml rand Acealoft ,in. M ~t,~ in ~e
und~l~n~ ~enin~ d{~dcL ~c~t thai mix~-use d~elo~m~t
~i~. su~ect to the provisions set fo~h in s~tion 2.2.26~7, Lof lhis
c~e. All uses and ~cmms that ~ a~so~ ~d incid~tal to multi-
famil~ dwellin~s. u pm~d~ for in section 2.2.6.2.2. of this c~e. shall
be ~i~ed in co~unction ~th ~ a~p~v~ mix~-use d~ele~m~t.
2.2.26.7. ] .2.4.2. Development
Comme~tal [lses. ~e d~elopm~t ~d~s for the und~lyin~
~oning dispel shall apply, exert ~ follows~
Required ~rds: As s~ fofih in the und~l~ng ~onin~
dispel. nc~t as follows:
Words :~.':~ '.~..%-.'g~ are deleted, words ~ are added.
Page 25 ·
05/29/97
1. Rear Yard: 25 feet
2. ,,etde Yard: 0 or a minimum of 15 feet except
whcl'e the .d_iaeent pamels are deyel_oped. in
which case the required side yard may be 0 to
feet however in no case shall the ~..aration
b~tween structures be less than i0 feet.
2. Mixed-Use: Mixed-uses are permitted subject to the pmvision~
set forth in section 2.2.26.7.1. Residential components of an_v
mixed-use development shall be located above commercial uses.
a) Minimum Dwellin_~ Unit ~4rea: Efficiency_ - 4:;0 sa~um'e
f~et: one bedroom - 600 square feet: two or more
bedrooms - 750 square feet.
b) Maximum Density: 12 units per acre.
3. Commercial and Mixed-Use~. The following development
standards apply, i0 all de.~V'~!opment within the Community Center
a) Maximum Height: Three habitable stories. whether
~,.sidentlal or commercial. not to exceed fo~ feet
b) Parldn_~,: As required in division 2.3 of this code.
:2.2.26.7. 1 .2A.3. . Commercial Desi_t,~ Guidelines: Su'o_ieet to the provisions of dlvision
· 2,8-- Architectural and Site Desi_en Standards and Site Design Standards
for Commercial Buildlngs and Pro_leers.
2.2.26.7,1.3. Village Commercial DIstrict. The pu.rpose of this district is to provide
a mixture of residential uses and appropriste commercial uses to
maintain the historic. village character of the area, The boundaries of
the Village Commercial District are depicted on Map # 8 below.
Words emaek-lhm~a are deleted, words underlined am added.
Page 26 .
05/29/97
VILLAel COMMERCIAL DISTRICT
Map
underl.ving zoning district. excent that mixed-use drvelopment~
permitted. sub_iect to the provisions'set forth in section 2.2.26.7.1. ofthC~,
code, All uses and structures that are accessoN and incidental to multi_
family dwellings, as provided for in section 2.2.6.2.2. orehis code. shall
be permitted in con_iunctit~n with an approved mixed-use deve~op,nent~
2.2.25.7.1.3.Z Development Standards_,,
I. Commercial
Mercl~andls~ ~tora_~,e and Dig. ol,ay; Merchandise storage
and disp. lav is permitted on properties ~onexl C-5 wit~,~
the boundaries of the Village Commercial District as
accessory. use to permitted commercial
the conditions and re~..uirements set forth in -~ection
2.2.15¼.5. and 2-2,15'/,.6. of this code. Additionally_;
chain link fencing is not permitted when visible
Words :_--::~ ;.t:;; ~ are deleted, words ~ are added.
Page 27
05/29/97 '
public street. except in con_iunction with landscapQ
planrings which provide a minimum 80% opacity at a
height of six feet at the time of plantin~ Existing outdoor
storage areas located within the Village Comm,~'cial
District shall conform to this provision. as well as the
provisions set forth in Sections 2.2.15 u~.5 and
2.2.15~. 6. within one year of the date of adoption of thi~
overlay district.
2. Mixed-Use and Residential: Multi-family residential andmixed-
uses are permitled sub_tact to the provisions set forth in section
2.2.26.7.1. of this code. Residential components shall either be
located in an independent multi-family structIEe. or shall be
located above common:is1 uses if located within a mixed-use
structure.
a) Minimum Dwelling Unit ,4rea : Emciency - 450 square
feet: one bedroom - 600 square feet: two or more
bedrooms - 750 square feet,
b} Maximum Densi.ty: 8 units per acre.
3. Commercial. Mixed-Use and Residential The following
devcl~:'~ent standards apply to all development within the
Village Commercial District.
a) Maximum He~ht: Three habitable stories. whether
, residential or commercial. not to exceed forty feet (40').
Parking: For commercial uses. as required in division 2.3
of this Code. The minimum number of off-street parking
spaces shall be required on-site. as provided for in
division 2.3 of this code. unless one of the following is
approve& an off-site or shared parIcing petition pursuant
to the ren.~lirementsand procedures set forth in division
2.3 of this code: a variance from the required number of
parking spaces as provided for in Secti0V 2~7.5. of this
~;Ode: or. with the submission of a multiple site
impr0yement plan I'MSIP) or site_development plan
f_SDP) pursuant to the provisions of section 2.2.26.7.2. of
this code. Two or more ad_iacent pro_leers located within
the boundal~es of the Village Commercial Sub-District
may be al~l~roved for a fifteen percent (15%1 reduction in
the r~uired amount of on-site parkin~ Additionally.
where the combined commercial ~uare footage of lhe
two or more ad.iacent pro.leers is equal Io or _ereate' than
20.000 square feet. required parking may be based on the
ratio I~rovlded in division 2.3. of this code for shopping
centers. The twen_ty percent (20%) limitation on
_restaurant square footage for shopping centers set forth in
division 2.3.. may be increased to thirty. percent (30%).
2.2.26.7.1.3.3. Commercial Desl_t,n Guidelines: Sub_iect to the provisions of division
2,g-~ Architectural and Site Design Standards and ~ite Design ~tandards
for Commercial Buildings and Pro_leers. Development of new structures
which employ architectural features consistent with those _t~.ica!ly
Utilized on existing historic structures in the district is encouraged.
Historical structures located in the area include the Captain Collier
Words :~.::~ -'-~::'.:g~ are deleted, words underlined are added,
Page 28 ·
06/04/97
House. which inco.rporates architectural fea~-,;~;-s _typical of the Florid_
Cracker style. including metal roofs and cov~-v"-~.,d .~ches: and lhe 01,1
Mama Inn which incorporates gabled mars, and detailed trim
architectural features_
2.2.26.7. l.4. Town Center/Mlzed Use Dlstrtct-_This district is intended to be
ma_ior activity center serving the community of Mama [-~!and and
such to f~nctlon as a center of residential. commercial and cntertainme~'
activities on Marco Island. This District .r, aits residential an:~
commercial development. as well as mixed use pro~ects. The beunda,
of the Town Center District are depicted on Map # 9 bcloty_
TOWN ClNTIR COMMIRCIAL DISTRICT
Map 9
2.2.26.7.1.4.1. Perm|tted. Cond|tlonal and Aceessory Uses. As permitted by thP~
underlying zonin? districL exce_'p_t as fallows.'_
1, ~ The full range of commercial uses. fi-
permitted by the underlying zonin~ district are permitted:
2. Multi:famtl_v residential and mLved-u~e~. Multi-family residentill I
and mixed-,.~e~ are permitted ,uh_iect to the provisions net forth
Won:!, :~_-:~- '_L--3~;~,~. ate deleted, words underlined are added.
Pale 29
05r29/97
in section 2.2.26,7.1. of this code. Residential com,~nents shall
either be located in an independent multi-family structure or shall
be located above commercial uses if located within a mixed-use
2.2.26.?. 1.4.2. Development Standards
I. Commercial Uses. The development standards For the underlying
zoning district shall apply, except as Follows:
al Merchandise Storage and Display: Merchandise slorage
and display is permitted within the boundaries of the
Town Center/Mixed Use District. as an accessory_ use to
permitted commercial uses. sub_loci to the conditions and
requirements set forth in Sections 2.2.15~/2.5. and
2.2.15~.6. of this code. Additionally. chain link fencing
is not p~rmltted when visible from a public street. except
in con_iunctlon with landscape planrings which provide a
minimum 80% opacity at a height of six feet at Ihe time
of planting. Existing outdoor storage areas located within
the Town Center Mixed Use District shall conform to this
i~rovislon. as well as the provisions set forth in sections
2.2,15 ~.5 and 2.2.15 %. 6. of this code within one year
t ;the date of adoption of this overlay district.
2. Mixed-U$~ and Residential.' Multi-family residential and mixed-
uses are permitted subject to the provisions set forth in section
, 2.2.26.7.1. of this code. Residential components of any mixed-
use development shall either be located in an independent multi-
family structure. or shall be located above commercial uses if
located within a mixed-use structure.
a) MiHimum Dwelling Unit Area: Efficiency - 450 square
feet: one bedroom - 600 square feet: two or more
bedrooms - 750 square feet.
bJ._ Maximum Denst.iv: 12 unils per acre.
2.2.26.7.1.4.3. Commercial Design Guidelines: Sub_leer to the provisions of division
2.8.. Architectural and Site Design Standards and Site Design Standards
for Commercial Buildings and Pro_~ects.
2,2.26.7.2. Additions. Site Improvements and Redevelopmeat: Owners of two or
more contiguous properties located within the boundaries of the Collier
Boulevard Pedestrian Tourist Sub-District of the Community
Comnl~rcial District. the Town Center Mixed Use District. or the
Village Commercial District may apply for a fifteen percent reduction in
the required amount of on-site parking with approval of a multiple site
improvement plan OVfSI'P~. where no additional square foota~e is
proposed. or a site development plan (SDP). subject to the provisions of
division 3.3. of this code. Minor additions of impervious area necessary_
~to enhance vehicular, bicycle or pedestrian access to and from buildings
and parking areas, not to exceed two-thousand square feet. may be
rCyiewed under the site improvement plan process and shall not require
an engineered water management plan,
2.2.26.7.2.1. MSIP/SDP submittal requirements. The MSIP or SDP shall adhere to
the applicable provisions, procedures and submittal r~.uirements of
Word.. :~,::.': ...~...,:.,:g.w: are deleted, words underlined are added.
Page 30 .
06/02/97
division 3,3. Site Development Plans. and shall demonstrait lhat the
Following have been adequately addreq~d:
I. provisions for bicycle and pedestrian access to and from the site.
and between ad_iaeent buildings:
2. provisions for parking and access for the disabled as required by
division 2.3 .of this code;
3. provisions for enhanced on-site landscaping to the _mentest extent
possible. as reo. uircd by division 2.4. of this code:
4. provisions to maximize shared use of infrastrgClure such as
parkin_~ sidewalks. in_mess and e_m'ess points and the like:
5. prowsruns 1o maxlmize the safety and efficiency of internal
Irafile clrculation patterns:
6. provisions to eliminate or structuralIv alter on-site
nonconforming st_image such that it conforms with the provisions
of division 2.5. and ,~ction 2.2.26.10. of this code,
2.2.26.7.2. I. 1. Additional conditions qf ap. nroval for properties located within the
boundaries o.f the Fillage Commercial District, In addilion to the
provisions above. within the Village Commercial District or Town
Center Mixed-Use District, the MSIP or SDP shall demonstrate that
provisions have been mad~ to maintain and/or enhance the pedestrian
and/or bicycle access to. and view corridors of'. the water on waterfront
properties for :,;operties or pro_iects ~ual to or _ereafar Ihan one acre in
size. Within the Village Commercial DistricL provisions shall be made
to preserve existing structures which are designated historical by the
, County or the State. These provisions may include. but are not limited to
, the creation of the followlag:
1. Pedestrian/b/cycle easements. Where pedestrian and/or
bicycle easements or view corridor easements hale been
granted to the public. an administrative reduction of a
rear and/or side yard requirements by up to ten feet may
be _manted by the planning services director. or his
designee: and.
2. State and/or local historic designation. Specific
structures or sites of historic si_~i~cance which are
designated as historic structures or sites may in
C0t1~unetion with such cerfiflcation. be granted an
administrative variance from specific development
standards.. including required yards. parking. and
landscaping in order to facilitate historic preservation. A
request: for such a variance _may be granted by the
planning services director. or his desiSaac. based upon
demonstration of need. The re~a. uest shall be made in
Writing accompanied by the following: payment of fee
r~.uired for an administrative variance in effect at the
time such request is made: a plot plan of the sub_feet
property. drawn to scale, depicting nil structure~ and
proposed improvements: supportive information
justi.fylng the need for the variance.
2.2.26.7,2.1,2. Required parking reduction, Upon review and approval
Of an MSfP or SDP, a fifteen perueat reduction in ~e
aggregate amount of on-site parking required shall be
authorized by the planning services director. or his
Words 00~ are deleted, worth underlined are added.
Page 31 ,
05/29/97
desi~ee. The reduction shall be memorialized in the
letter of approval for the MSDP or SDP.
2.2.26.9. !Reserved!
2.2.26.10 Sl_~ns.
2.2.26. I 0. !. Purpose and Intent: The purpose and intent of this Section is to provide
specific signage developr~ent standards and design guidelines for st_tins
to ensure orderly and appropriate placement of signs. These regulations
are intended to minimize the proliferation of signs. while providing for
well designed. well constructed. and appropriately located informational
signage in both residential and non-residential areas.
2.2.26.10.2. Development ,~tandards. Signs erected within the areas sub_iect to Ihe
Marco Island Master Plan shall adhere to the restrictions set forth in
division 2.5 of this code. and shall further adhere to the restrictions set
forth herein. In the case of a conflict between the two sections. the more
restrictive shall apply.
2.2.26. ! 0.2.1. SIgns in Residential Districts:
2.2.26.10.2.1.1. llhtmination: ,Signs erected on residenttally zoned propertlcs shall not
be illuminated ,~nless specifically permitted herein or. in the case of
approved conditional uses. as may be approved by the board of zoning
appeals. The sign and sip copy shall be non-reflective.
2.2.26.10.2. 1.2. , Real Estate St_tins: As defined in the definition section of this code. one
_ground or wall "For Sale"._"For Rent". or similar si_t,n_ is pemlissible.
for each lot having street frontage. and shall not require a building
permit. subject to the conditions noted below. For the pu.rposes of this
section. frontpge on a navigable waterbody ore golf course shall
constitute street frontage. During supervised real estate open houses- an
"open house" sign. no !a~er lhan four sCllJare feet. may be erected in
addition to the real estate slgn~ In conjunction with an approved right-of-
way permit. a single off-site direetional sign. not to exceed four square
feet. may be permitted during a supervised open house. Said off-site
directional sip shall be placed at the interstriton of the arterial or
collector street providing access to the street on which the open house is
being conducted. No other off-site si_tms shall be permitted. All such
signs shall be removed at the completion of the open house. and during
non-supervised hours. Real estate signs shall not be illuminated in any
manner.
Jteal estate si_t, ns may mention the name. address and lelephone number
of any two of the following entities: the property owner. real estate
broker. investment company or business firm licensed to sell real estate
ill theState. the name and address of the salesperson. or real estate agent.
.The word '.'pending" or "sold" may be attached to the face of the sip
Within the 12" x I 8" sign fac~, until the closing has been completed.
2.2.26.10.2.1.2.1. Real Estate Si_~t~ On Single Family Zoned Proper~t~ (see Iljustration l
belo~J,
it). Maximum Size: 12 inches in height by 18 inches in len~h. Si~
may be double-faced. provided each sign face contains the same
copy. Such signs may be located either parallel to. or ~icular
Words :.':'-':k :~::'.:'g~ are deleted, words underlined are added.
Page 32 ·
05/29/97
[0 the a~iacent right-of-way. No additional riders or information
boxes shah be affixed lo this sign.
121. Color: White Background. Lettering may be any single color: 20
percent of the si_tm race may inchde the disp. lay of n logo Which may
include multiple colon.
r,), Si...t,n Supports: Supports shall not exceed two inches (2") by two
inches. All supports shall either be while or black.
~ Maximum He~ht: Three feel f3') as measured from avenge
finished ground ~l~ation-
f~k Setbacks: Said signs may be placed at the property line. however. in
e no case shall such sign be located any closer than ten fCCt {10'3 to the
edge of pavement of any ad_iacent public street.
Iljustration I
2.2.26.10.2.1.2.2. Real Estate Signs On RMF Zoned Properties {see llhtstration 2 be/owL
~. Maximum Size: Four square feet. Si~s may be double-faced-
provided each sign face contains the same copy. Such signs may Ig
located either panlid to. or ~dicular to the adjacentright-of-
way. No additional riders or information boxes shall be affixed to
this sigm
kl, Colon: .~te backL~rotmd. Letle~n_~ may be any sin?!e color- 20
percent of the sign face ma_v include the display of a logo which may
include multiple colon.
ft. Sign ;~upports: Supports shall not exceed two inches (2'~ by two
inches. All supports shall either be white or black.
fD- Maximum He~ht: Four feet (4'} as measured from avenge finished
_mound elevation.
ft. Setbacks: Said signs may be placed at the property line. however. in
RO case shall such si_m~ be located any closer than ten feet (1 0') to the
e edge of pavement of any ad_iaeent public street.
Word~ :~-':k :.~,.":;:;k ste deleted, word~ underlined ate added.
Page 33
05/29/97
BlufirttJon 2
2.2.26.10.2.1.2.3. Model Home Ri_v-ns /set Iljustration J beloW}: A single on-premise sign
for a model home. appmved in conjunction with a temporary use permit.
is permlt~ed. Copy on a model home sign shall be limited to the name~ or
' the model. the developerfouilder's name. address. phone numbs, !ogo-
i and that of the licensed real estate companyfomker. investment company
; or business firm licensed to sell red estate in the State. or the name and
address of the sal.esperson. or red estate agent mnrlcetlng the model.
Model home signs shall not be illuminated in any manner. No other
signs. including real estate and construction signs. shall be placed on
property on which a model home sign is erected.
~. Maximum Rife: 16 se. uare feet. Si_gns maybe double-faced. pmvlded
each sign face contains the same copy. Such signs may be located
either parallel to. or perpendicular to the adjacent right-of-way. No
additional riders or information boxes shall be affixed to this sign.
b}, Maximum Height: Six feet (6') as measured from finished _erade
around the base ofthe sign.
~ Colors: The background of a model home si~ ma_v either match the
principal color of the model home. or shall be white. Lettering may
b= any single color- 20 pen:eat of the sign face may include the
dlsplay of(a) logo(s) which may include multlple colors.
d~ Xetbacb: Said si_c,~s may be placed at the property line. however. in
no case shall such sign be located any closer than ten feet (10') to the
edge ofpavement of any adjacent public street.
O
Words :~.:':L ,_t::::g~ m deleted, words ~ are added.
Page 34 .
05/29/97
Iljustration 3
2.2.26.10.2.1.2.4. Construction Si_rms [see Iljustrations 4 & ~ below):. k single
r,0J3,~llg~Mj~ may be erected on any residential property for which ·
building permit has been granted. No building permit shall b~ I'~.uirCd
for the construction sign, however. said sign shall be securely
constr~cted and erected. Copy on a construction sign shall be limited to
the name and telephone number of the developer. architectural planning
, and engineering firm. contractor and/or s~beontractor(s) involved with
· Ihe pro3ect- and the name of the individual(i) for whom the
dwellin~addition is being constructed. Construction signs shall not be
illuminated in an~manner and shall be located in the ~'ont yard i~arallel
to the ad_iacent right-of-way. Conslnsdions signs shall be ..... oved at
~uch lime as a certificate of occup, ancy is granted.
a), Maximum Size: Six square feet for single family. sixteen square feet
for multi-family. Signs shall be single-faced, with the back side of
the sign being utilized asa "perTnit board". Such signs shall be
located parallel to the ad.iacent right-of-way. No additional riders or
information boxes shall be affixed to this SlgTL except tubes or boxes
designed to hold construction plans.
~ Maximum He~ht: Six feet (6') as measured from average finished
EL Color: The copy side of a construction sign shall be white. Lettering
may be any colon 20 percent of the st_an face may include the
display of logo(s) which may include multiple colon.
fZ), Setbacks: Said signs may be placed at the property line, however. in
no case shall such si_Lm be located any closer than ten feet (I 0') Io the
edge of pavement of any ad_iacent public street,
Words :_':'_':~ ~--:',:'r,-': an deleted, words ~ are added.
Page 35 .
05/29/97
Iljustration 4
I
Iljustration S
2.2.2.10.2. 1.2.5. Incidental Information And Directional ,figns: A maximum of four (4)
incidental non-commercial information or directional si?ns may br
erected on residential pmpertles and shall not require a buildln_e
Examples of such signs include name or insignia plaa. ues identi_fying
home or homeowner, "No Tre~assing" signs_ "Beware of Dog"
and other similar _t~.es of informational
a}_ Maximum Size: ! 2 inches in height by 18 inches in length
b) Maximum Het_~ht: Three feet as measured from average ~nishl~f]
_mound elevation_ or. if attached to a wall or fence. not to exe_eed
the maximum height ofsaid wall or fence
2.2.26.10.2.1.2.6, Subdt~Mo~/Prqtect Si_~z: At each antrance to a sgeci~c subdivision.
neighborhood. or multi-family pro_ieeL two ground or wall entrance or
gate si_e~s may be located at each entrance to the project. Such si_t, nq
Words em,de-I!m~ ate deleted, words u~dedined are added,
Page 36
06/02/97
shall contain only the name of the subdivision neighborhoOd. or 9r~_iect
in which it is located. subject to ~e following:
i}. Maximsum Size. The _.round or wall si_sms. in comhinatkB. shall
not exceed a maximum size of 64 square feet. with no individual
sign exceeding 32 sa. uare feet.
Maximum bei_c, ht and width: The height of ngTound or wall and
shall not exceed the height or width of the wall or gate upon
which it is located.
Required setback: Said si_tn~s shall maintain a 15 foot setback
from any property llne.
2.2.26.10.2. ! .2.7. Conditional Uses Wit!~in Residential Districts
it), Approved conditional uses within residential zoned districts are
permitted one wall or _mound sign. not to exceed 32 sa. uare feet.
Comer lots are permitted two wall signs. Bulletin j bOards_and
identification si~s not exceeding 12squaro feet are permitled for
public. charitable educational or religious institutions. Said signs
shall not be illuminated,
2.2.26.10.2.2. Sl~_ns In Non-Residential Districts tineludes P, CF RT):
2.2.26.10.2.2.1 Real Estate Si_~,nsrsee Iljustration 6 below): As defined in article 6 of
this code. one ground or wall "For gale". ,'For Rent". or similar sf_t,~ is
, permissible. for each lot having street frontage. and shall not require a
· building permit. suh_iect to the conditions noted below. Real estate signs
shall not be i11uminate, xl in an.v manner.
Real estate signs may mention only the name. address and telcp. hone
number of any two of the followln_e entities: the property_ owner. real
estate broker. investment company or business firm licensed to sell rgnl
estate in the State. or the name and address of the salesperson. or real
estate agent. The word "pending" or "sold" may be attached to tho face
of the sign within the 12" x 18" sign face. until closing.
iLL Maximum Size: Four square feet. Signs may be double-faced.
provided each face contains the same content. Such si~s may be
located either parallel to. or perp. endicular to the adjacent right-of-
way. No additional riders or information boxes shall be affixed to
this sign.
b)_ Colors: White back~ound. Lettering may be,.atly single color_. 20
percent of the sign face may include the display of a logo which may
include multiple colors
c) .Si_t,n Support: Supports shall not exceed two inches by, l~rO inches.
All supports shall be white or black.
d} Maximum Height: Three feet as measured from average finished
_ground elevation.
e) ,~etbacb: Said si_ans may be placed at the property_ llne_ however. in
no case shall such sign be located any closer than ten feet fl 0'1 to the
edge of pavement of any hal_latent public rd'~et_
Words emeele-lltmqe~ are deleted, words unde~llned sag mdded.
hie 37 ·
05/29/97
Iljustration 6
2.2.26.10.2.2.2. Coaxtraction Rift, as (see Iljustration 7 belov~). k single construction si_e~
may be erected on any ,on-resldemial property_ for which a buildlne
permit has been ~ranted. Ha building .~'rmit shall be r~.ulred for the
construction si_~,n. however. said si_~,n shall be securely constructed and
erected. Copy on a construction si~ shall be limited to the name and
talephone number of the developer. architectural. plannin~ and
' engineering firm. contractor and/or subcontractor(s~ involved with the
'13ro_iect- end the name of the individual(s] for whom the
dWelling/addition is I~in_~ constructed. Construction si_t, ns shall not ~:
illuminated in any manner and shall bo located in the front yard parallel
to the ad_iacent ri_~ht-of-way pursuant to the setback rntrlctions
Sonrained in division 2.5 of this code. Constructions si?~s shall be
removed at such time as a certificate of occupancy is _t, ranted.
~ Maximum Xize: Thirty-two squar~ feet. Ri_~Tts shall be slngle-facM.
with the back side of the si_;n bein_~ utilized as a ~
Ruth sigmas shall l~ located parallel to lhe ad_iacent ri?_ht-of-way. No
additional riders or information boxes shall be affixed to this si_e~_
except tubes or boxes designed to hold construction plans.
b} Maximum He~ht: Six feet as measured from avera_~e finished
_t, round elevation.
;) Color: The copy side ors construction si_c,n shall be white. L~tt~n~
may be any colon 20 percent of the si?w face may include the
display of logo(s) which may include multiple colon.
d) Setbach: Raid si_~ns may be placed at the property line. however. in
po case shall such sign be located any closer than fifteen feet (15') to
the edge of pavement of any ad_iacent public street,
Words .-':-:k '.-~_":::;~ are deleted, words underlined are added.
Page 38 ,
05/29/97
!trustration ?
encou~ to ~e desired. con~ct~ and !~at~ in such a ~ashion
so as tn be inte~ted wlt~ and not detect From. the
development ~att~ in the nci~h~orh~d.
2.2.~6-]0.2.2.3.1- Un~e~ ~ PIn,: An a~!{cation ~or site d~c]o~m~t or site
im~rov~t ~ u ~mv~d~ for ~n section ].3 of this cgdc. ~or
comm~isl or mixed ~se ~m~ts. shall be accom~i~ by un~
;~a~c ~lan u ~n{r~ by div~slon 2.S. of this c~e.
2.2.2& 1 0.2.2.3.2. ' Pealfled ~H o[ si~ns and s~eci~c development standards by si~n
' ~pes:
~ ~ofi. ~,n~nr~. C~no~ nr ~nfn~ ~i~: ~ single wail
msnsa~. c~o~y or a~n~ s~ is ~{ttcd ~ C;Ch s~n~le
~cu~ancy ~H. or for each cstabfishm~t in a
~cu~ancy pa~c]. Com~ b~fld~n~ or com~ units w~thin
building may ha~e one si~ on Hch ~nta~c wall of the unit or
buildln~ not to exc~d ~o s{~
~ ~o waIL mansa~. canopy or a~n~ s~ shaft cxcH 80%
of the ~dth of the unites) occu~i~ by a business w~th
minimum of t0% ctc~ ~a on each out~ edge of the unitfs~.
~ Waft si~s for a m~t~-t~t buiid~n~ shall be t~at~ at
an{to= hc~t on t~c b~ildin~ facade. For the to~ and
of the sign. cxc~t that aRchoF t~ants may Ya~ ~m this
~ui~t ~t to a]] oth~ pm~slons of this code.
3. Walt. manse. c~o~y or a~n~ si~s may not ~ceH
o~ ~e total ~ ~ts~e of the ~s~at ~cade of the
building. in the cue of s~n~]e-use buildings: or the unit.
the cue of multi-use b~fldln~s. to which ~e si~ ~11 be
allached. A wail s~ shaft not ~c~ 150 s~n~ ~e~ in
~ b) Pro~ectin~ ~. P~tln~ si~s ruby be ~st~t~ for walt
!. ~e pm~tln~ si~ doff not ~mt~de ~st~ th~ ~our flit
~m the bufldin~ wall to w~ich ~t ~s attache:
~ge 39 .
0~9~7
2. Pro_iectin_2 si~s shall not exceed 20 square feet of display
3, Pro_iecting signs shall not extend above the roo~in~ of the
buildlag to which thin/are attached: and
4, Protecting signs which may pro_tact over any pedcstrlnn way
shall be elevated to a minimum height of eight f8) feet above
said pedestrian way.
Ground
.k_ The height of any _mound si_t,n shall not exceed twice the
Width- and thl width shall not exceed twice the height.
2. Ground si_mqs shall not exceed eight feet f8'_1 in height as
illeasur¢d from the finished _m'ade of the lot on which the Si_t~n
iS located to the top of the sign face. Arehltcctural treatment.~
incorporated into such silage. consistent with building
architecture on site. including arches. columns. cupolas. and
other such treatments. shall be permitted to a height of twelve
(121 feet.
d) Pole
1. Pole si_tms shall provide a pole cover. the width of which
ihall be a minimum of twen_ty f201 percent of the si_gn
itructure and extending from the bottom of the sign structure
tO the _m'ound. completely covering the supporting pole(s.l:
2. A minimum two foot perimeter planting area shall provided
arOund the base of any pole si_t,n. consistent with lhe
ilrovisions of division 9-.S. of this code. The two foot
.Deftmeter shall be measured from the overall width of aLL, n:
3. Pole si_tms shall not exceed fifteen feet
measured from the finished _trade of the lot on which the sign
is located.
Directo .rv S~ns:
1. The maximum size of any single directo_ry si_on shall not
exceed one hundred square feel
2. Copy shall include the shopping center or building name and
street number and may include the name(s} of two or more
persons or businesses associated with. or events conducted
upon. or products or services offered upon the premises upon
Which the si_gn is located.
Under-Cano. m/
1. In addition to any other sign permitted by this code. one
under-canopy si_on is required for each business in a multi-
occupancy building:
2,_ Under-canopy si_tms shall not exceed six square feet for each
C~tablishment in a shopping center or multi-tenant building:
Words ;,.':-~,~. '&x=-_-g~ ire deleted, wordl underlined are added.
Page 40 .
05tl9/97
:3. No building permit is required to erect an under-canopy
unless there is an electrical component._'
4. Under-canopy signs shall adhere Io the common st_creaSe
theme for Ihe prope~y:
5. Under-canopy signs shall be installed so as !o maintain a
minimum of eight feel of clear. unobstructed area between
the bottom oflhc sign and the sidewalk below.
2.2.26.10.2.2.3.3. General Development Standards:
Construction materials:
Si~s and any supporting structure shall be constructed of
CBS, wood (_with raised or engraved letters1. stone. metal.
or durable opaque plastic. Plywood is not permissible as
a finished sign face material.
bl Illumination design and metl~ods:
.13. Si~ lighting shall he designed in such a fashion so as not to
cat, s,. confusion with traffic control devices. and not to shine
directly onto adjoining prupedies or public right-of-ways.
2,1. Si~s shall be illuminated in the following manner:_extemal
' fixtures for lighting shall be desiped and positioned so that
no light spills over the edges of the sign face: internal or
beck-lit signs shall be designed with an opaque sign face.
allowing only the sign copy to be illuminated.
Minimum fronta~e requirements:
1. Single or multiple tenant buildinp located on a parcel having
Jess than !2~!inear fC~t of street ~-ontage are permitted a
single ground sign per parcel. a maximum of 20 square feet
in area. Copy is limited to building reference name and street
number.
:2. Single or multiple tenant buildings located on a parcel having
125 linear feet or greater of street frontage are permitted
single ground or pole sign per parcel wilh a maximum of 60
~quare feet Of si_tm face area. Copy shall include building
reference name and street number and may include
maximum of five tenant names.
3. Shopping centers and other multi-tenant buildings having
2S0 linear feet or _crreater of street frontage on a single streeL
or300 combined linear feet of sheet are permitted a single
"directory_ sign" per street &ontage. not to exceed two such
signs. The maximum size permitted for a single directory_
sign is 100 square feet in area, W~ere two dlrecto_ry si_L, ns are
permitted. the maximum combined size shah not exceed 120
4. Where a site development or site improvement plan has been
approved for multiple properties. adherence to the minimum
Words :,~.:.:k, :~:~.;~ are deleted, words underlined are added.
Pap 4 i .
05/29/97
frontage provisions set forth in secllon 2.2.26.10.2.2.3.I,fg!
shall be determined based on the aggregate frontage of ell
contiguous parcels which are pan of the site improvement or
site development plan.
2.2,26.10.2.2.3.1.2. Bittiding Permit Reqttests: Requests for buildin_e p~its for permanent
on-premise signs shall adhere Io this unified signage plan, which shall be
kept on file in lhe community development & environmental services
division. Revisions 1o an approved unified sip plan shall include
provisions for retrofitring any existing permanent on-premise signs.
2.2.26.10.2.2.4, Nonconforming Signs.
2.2.26.10.2.2.4.1 Real estate signs. model home signs and construction signs. Real estate
signs shall conform to Ihe provisions of !his overlay by December 31;
1997.
2.2.26.10.2.2.4.2. All other si_~ms. Existing signs which were constructed with an approved
building permit under the provisions of division 2.5. of Ibis code. or its
predecessor ordinance. which do not conform to the provisions
section 2.2.26.10 shall be considered legal nonconforming iigns and
shall be treated as follows:
I. All signs made of paper, cloth, or other nondurable materials shall be
removed within thirty days of the date of adoption of this 0yetlay.
2. AII legal nonconforming, on-premise permanent signs shall conform to
, the provisions of this code as follows:
a-L in conjunction with the issuance of a building permit for
structural alterations to an existing sign, regardless of the extent
or value of such structural alteration: and.
bl all legal non-conforming on-premises permanent signs shall be
removed or made to comply with the provisions of Ihis ov~lay
by June 15, 2001.
3. All other nonconforming si~s shall adhere to the provisions of section
2.5.9. ofthis code.
2.2.26.10.2.2.5. Prohibited Signs: All. prohibited si_~ms listed in section 2.5.7. and
which do not conform to the provisions set forth hereln shall be
considered prohibited signs.
2.2.26.1 I. Restricted Parkln_e of Recreation Vehicles. The purpose of these
radiations is to maintain Ihe appearance nnd quality of residential
nei~borhoods to reduce congestion. prevent overcrowding and Ihe
blocking of views. to maintain the flee flow Of air curtains. and to
maintain the property_ values and amentries of the neighborhood:
2,2.26.11.1 Applicabili,ty. The rcs'n'ictions set fos~h in this section are intended lo
apply to all areas designated residential on the Future Land Use Element
of the Marco Island Master Plan, excluding any areas in the Marco
Shores PUD/DRI. including the Key_ Marco Development (a/Ic/a H0rr~a
Island). Cape Marco PLTD. end Hideaway Beach PUT). These restrictions
apply in all residential zoning districts. including the RT district. as well
as any residential component of a PUD. except those PUDs excluded
above.
Words :_':.::~. '..~::::;~ are deleted, words underlined are added.
Page 42 .
06~32/97
2.2.26.1 !.2 Recreational l~quipmenL No recreational equipment shall be k~t or
parked on premises zoned for residenlial pu.rposes nor on public rights:
of-way of said districts except when said ex~.uipment is parked entirely
within the confines of a garage~ carport, or fully enclosed structure such
Ihat it cannot be seen from any abutting property or public way. Such
vehicles may be parked anywhere on residential lots for a period of titflu
not to ex,:ecd 24 hours to allow for loading and unloading.
a. Exceptions may be _eranted by the site development review
director where ihe follOWing conditions arc satisfied;
1, Such recreational ~uipment may be parked upon the
premises of the resident for a period not exceeding seven
days for Ihe pum. ose of loading, unloading, repairing
and/or cleaning prior to or after a trip. Th~ I:le~'rnit for
such period shall be affixed to the vehicle in
conspicuous place. No more than two conseeulive
permits may be issued. A maximum of four permits may
be granted in any single calendar year.
2. Nonresident: Such recreational equipment including but
~ot limited to. trailers, buses or motor homes. when
for transportation of guests may be parked upon the
premises for a period not exceeding ten days. No sleeping
or living activities may take place within the vehicle
while parked. No more than two consecutive permits
, shall be issued. The maximum number of permits
allowed for any single calendar year shall be four-
2.2.26.1 ! .3. Boats and boat trailers. No boat or boat trailer shall be parked or stored
on premises zoned for residential uses or on public rights-of-way of
residentially zoned districts. exert when parked or stored entirely
within the confines of a garage. carport or fully enclosed structure and
shielded such that they_ cannot be seen from any abutting property. or
public way~ except where lhe following conditions occur:.
a. A boat trailer may be parked on the ownees premises in the open.
or on n temporary. basis not to exceed eight hours forth~ I~u.rpose
of loading end/or cleaning end unloading prior to or after an
b. Boats may be stored on premises zoned for residential use only
in one of the following methods:
1. Boats may be stored in the confines of a gasage or fully
enclosed opaque structure:
2. Boats may be berthad at approved docks. piers or by use
of mooring whips. standoffs or by a similar
strucmre/d~,iee on navigable waterwayfennals:
3, Boats may be stored on davits, lifts_ elevators or ~irnilar
devices ad_iacent to navigable waterways/canals:
4, Boats may be stored on cradles consisting of a framework
of bars or rods when said cradle is used in con_iunction
Words :r,::t' '..~,":'_,:g~ are deleted, words Underlined are added,
Page 43
05/29/97
with a davit. lift. elevator or similar device adjacent to
navigable waterways/eanals.~
2.2.26.] 1.4. Hotel and motel parkin_Pprovistons. Hotels and motels are considered
to be commercial enterprises: therefore. recreational vehicles. trucks.
trailers. buses and/or other commercial or industrial vehicles. listed
herein. of bona fide residents thereof. transients or others. may be perked
on the premises of such facilities. Such vehicles shall not be parked in
streets. alleys or other fights-of-way within any residential distdcL
unless otherwise permitted by this code..
22.2.26. !! .5. General e. rceptions. The pmvlsions of this section shall not apply to
vehicles par~ed on the premises of churches. clinics. schools, private
clubs. golf courses. utililies, hotels. motels and parks or recreational
areas while the persons transported thereto are attending or participating
in activities or being lrcat~d or served thereat. The provisions of this
section shall not a~ply to buses. trucks or trailers parked in a space
prepared or specifically designated for their use on the premises of
churches. clinics. schools. private clubs. golf courses. utilities. hotels,
motels and parks or recreational areas. if such vehicles are used or
operated by or for the operation of such places or institutions. except that
such vehicles cannot be used for residential occupancy.
2.2.26.12. De. fFnitions. For lhe purposes of this overly. the following definitions
shall apply:
2.2,26, 12, i- Mixed-use. Within the Marco Island Zoning Overlay the term "mixed-
, use" means ho~h commercial and residential multi-family uses_ whether
10~:ated within the same building or located in sapstale buildlap within
a single pro_tact,
Section 2.2.27. State Road 29 Commercial Overlay DIstrict: special conditions for
the properties abuttin~_ SR-29. as identified on the lmmoknlee Area
Master Plan: referenced on the map below: and further identified
bY the designation "SR29COD" on the applicable official Collier
Coun~ Zonln_e At|RI maps.
2.2.27.1. Pzt.rnose and Intent: The pu.rpose of this designation is to provide for
retail_ offlee. transient lodging facilities and highwa_v commercial uses
that serve the needs of the traveling public. These commercial uses must
be located on ama. inr arterial or collector roadway. The provisions of
this district are intended to provide an increased commercial depth along
SR-29 with development ~tandards that will ensure coordinated access
and ap.m'opriate landscaping and buffering compatible with nearby
residential properties.
2,2,27.2, ~.nlicobili.ty: These reguTations apply to the commercial district alon_e
SR-29 as identified on the Immokalee Future Land Use Map.
Words omN~ are deleted, words underllned are added.
Page 44
05/29/97
,_L.~4 8.R. 2l
COMMERCIAL OVERLAY D{ITRICT
i~ ~ 12mOV~W~ OATT:3-.~I-17
SR 29 COM'T~I~RCi'AL OVERLAY 1)TSTRTCT (SR29CO!:)~
Map 1
2.2.27.3. D~v~lo,~ment Criteria: The fo!Iowin~ standards shall apply to all usa in
this overlay distriet.~
Word~ ~ Irt dclettd, word~ underfined Irt Idded.
Page 45
05/29/97
2.2.27.3.1. Access .t~ints shall be limited to one fl.I per 440 feet of street frontage_
Ir the 440 root access re~.uirernent falls within 50 feet or aft existin_e
road. whether on the same or opposite road frontage_ the access shall
align with the existing mad. Those areas that do not meet Ihis spacing
requirement shall provide access off existing ad_iacent roadways. ir
possible. and should not access to SR-29.
2.2.27.3.1.1. Owners of lots or combinations of lots having less than the rCq. ulred
street frontage may petition the hoard of zoning appeals for e yariance
from the standard in this district as will not be contra~ to the public
interest when owin? to special conditions peculiar to the property., a
literal enforcement of these standards would result in unnecessary and
undue hardshln.
2.2.27.3.2. Shared parking arrangements between ad_iolning developments shall be
encouraged.
2.2.27.3.3. Deceitration and acceleration lanes shall be provided.
2.2.27,3.4, Pedestrian traffic shall be encouraged by providing side~yalks. The
location of these sldewalks shall be coordinated with ad_iacent projects.
2.2.27.3.5, Buildings shall be set back from SR-29 n minimum of twent_v-f~ve (25)
feet and from the rear lot line a minimum of fifty (501 feet.
2.2.27.3.6. ~ Pro_leers shall provide a ten (10} foot T_~vne A landscape buffer_as
, described in section 2.4 between vehicular rights-of-way with required
. sidewalks and ad_iacent residential development. Ad_iacent commercial
pro_leers shall provide coordinated landscape plans.
2.2.27.3.7. An area eq. ual to a minimum of 2.5% of the total interior vehicular use
area shall be landscaped to provide visual relief,
2.2.27.3.8 Buildlags shall have a maximum height of twen_ty-flve (25)jCXG!udin_~
lea (I 0) feet for under-building parking.
2.2.27.3.9. Central water and sewer facilities shall be available prior to development
of any pro_iects located within this overlay district.
SEe, 2,2,28, Jefferson Avenue Commercial OreFlay District: special conditions
for the properties tbuttln_e Jefferson avenue as Identified on the
lmmokalee Area Master Plan: referenced on the map below: and
further identified b_v the designation "JACOD' on the applicable
offlclal Collier Court.h, Zoning Atlas maps,
2.2.28.1. Pu.rpose and Intent:' The pu.rpose of this designation is to provide for
retail. office. transient lob!ginS facilities and highway commercial uses
that serve the needs of the traveling public. These commercial uses mu~t
be Iotated on a ma_ior arterial or collector roadway. The provisions of
this district are intended to provide an increased eommerelal o_ _oportuni_ty
along J'eff'ers~n Avenue with development standards that will ensm'e
coordinated access and .appropriate !andscap_inS and buffering to be
compatible with nearby resldential p.mperties.
2,2.28.2. ,4..r~!ieahlll.tv: These re_eufatio~t .t~_ly to the commerelal district tloe_e
.rafterson Averse as identified on the 1mmokaree Future Land LVse Me,9.
Words emek-dweegN m'e deleted, words ~ are added,
Page 46 ·
05/29/97
JEFFERSON AVENUE
COMMERCIAL OVERLAY DISTRICT
.
!NDICA'r~S ~r,/~w.~0N
OVERLAY DIS"rR/CI'
JEFFERSON AVENUE COMMERCIAL OVERLAY DISTRICT (JACODI
Map 1
2.2.2g.~- Development Criteria: The following ~andards shah
~.2.28.3.1 Ac~-~, p~int~ for future c~mm~clal development shah be limited t~ a
e maximum of~ne (1) per ~50 fe~-t of street
2.2.283A.1. Owner~ of lots ~r comhlnafion ~f lots havin~
r~_uired fmnta_~e may p~ition the b~ard of~nln~ ..~e~ia f~r · varlanc~-
from the ,t~ndmd in thia difwict ts will not be contrary_ to the publie-
interest when owin_u to _special conditions peculiar tQ the property_. ·
Wordl meMek4imn~k m'e dclctcd, words ~lined are add¢d.
hie 47 ,
05/29/97
literal enforcement of these standards would result in unnecessary a~d
undue hardship.
2.2.28.3.2. A ten (10~ foot Type A landscape buffer as identified in section 2.4. of
this code shall be pmyided on Jefferson Avenue for all eommercial
pro_iects.
2.2.28.3.3. Provisions for shared parking arrangements with ad_ioining
developments shall be encouraged.
2.2.28.3.4. Commercial buildings shall be set hack from Jefferson Ayehue a
minimum of fifty 60) feet.
2.2.28.3.5. Commercial buildings shall have a maximum height oftwentv_-flve (251
feet excluding ten (101 feet for under-building parIcing.
2.2.2g.3.6. Central water and sewer facilities shall be available prior to development
of any pro_iects located within this overlay district.
SUBSECTION 3.C: AMENDMENTS TO LANDSCAPING AND
BUFFERING DIVISION
Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as mended, the
Collier County Land. D~velopment Code, is hereby mended to read as follows:
.
DIVISION 2.4 LANDSCAPING AND BUFFERING
2.4.3.6. Pruning. Vegetation required by this code shall only be pruned to
promote healthy, uniform, natural growth of the vegetation except where
necessary to promote health, safety, and welfare and shall be in
accordance with "Pr,:n!::.g Standarda (R~4s~=g)gg} Practices for Tr~es-
Shrubs and OtherW00dy Plant Maintenance ANSI A300 f12/I 7/93)" of
the National Arbo~st Association. Trees shall not be severely pruned in
order to permanently maintain growth at a reduced height or spread.
Severely proned trees shall be replaced by the owner, A plant's growth
habit shall be considered in advance of conflicts which might arise (i.e.
views, signage, overhead power lines, lighting, circulation, sidewalks,
buildings, and similar conflicts).
2.2.4.2. Tre~ and Palm~. All required new individual treesv shall be species
having an average mature spread or crown or greater than 20 feet in the
collier County area and having trunk(s) which can be maintained in a
clean condition over five feet of mature wood, Trees adjacent to
walkways, hike paths and r.o.w,'s shall be maintained in a clean
condition over 8' of clear wood. Trees having an average mature spread
or crown of less than 20 feet may be substituted by grouping the same so
as to create the equivalent 20 foot crown spread. For code-required tree~
at least 50 percent of the trees at the time of installation shall be a
minimum of ten feet in height, have a ! ~-inch caliper (at least 12
inches above the ground) and a four foot spread. The remaining cod~-
required gano~ trees, at the time of installation, shall be at least eight
feet in height, have a 1 ~-inch callper (at 12 inches off the ground) and a
three-foot spread.
Words sm~ ate deleted, words n~detlined ate added.
hie 48 ,
05/29/97
A grouping of three (3) palm trees will be the equivalent of one (1)
ral)g,OJC tree. Exceptions will be made for Roystonea spp. And Phoenix
spp. (not including roebelenii) which shall count one (1) palm for (!)
~ tree. Palms may be substituted for u to 30% of required ~
Irees. Palms must have a minimum of ten (I0') feet of clear trunk at
planting.
2.4.4. 12. Prohibited exotic specie. in addition to the prohibitions outlined in
section 2.4.4.11, the following species or seeds thereof shall not be
grown, offered for sale, or transported inter-county or intra-county.
2.4.4.12.1. Mclalcuca spp. (punk tree).
2.4.4.12.2. Schinus terebinthi folius (Brazilian pepper).
2.4.4.12.3. Any mornher or the family Casuarinaccae (Australian pine).
2.4.4, 12.4. Rhodomyrtus tomentosus (downy rosemyrtle),
2.4,4, ! 2,5, Dioscorca bulbifera (air potato)
2.4,4.12.6, Colubrina asiatica (lather lead
2,4,4, 12,7, Lygodium spp, ~climbing fern)
2.4.4.12.0J~. , Syzygium cureinS (Java plum).
2.4.4.12.409. Mimosa pigrat (catclaw mimosa).
2.4.4.12.1-1-0. Acacia auriculi formls (earleaf acacia).
2.4.4.12. I ;H. Albizia lebbeck (Women's tongue).
2.4,4.18. LandscapeBerms, All perimeter landscape bcrms over two feet in
height shall meet or exceed the minimum standards as set forth heroin,
All grassed herins shall have side slopes no greater than four to one,
Berrns planted with ground cover and landscaping shall have side slopes
no greater than three to one, The toe of the slope shall be set back a
minimum of five feet from the edge of all tight-of-way and property
lines, Existing native vegetation shall be incorporated into the herins
with the slopes fully stabilized with trees, shrubs, and ground cover,
Landscape berrns shall not be placed within rasernents without written
permission from all entities claituing an interest under said eesctnenL
2.4.4.1.8. I. Land. fcape Berm_~ located ad_iacent to Interstate 75 ri_~ht-o.r-way rl-TJ}.
Berms located adjacent to the I-7S fight-of-way may be reduced to a
maximum slope of 2: l. Such herins shall be planted with native _~round
cover over an erosion control fabric. and native trees placed at twenty-
five feet on center. eo. ual in height to the hei_v_.ht of the berrn and located
within a minimum ten foot wide level planting ar~a.
2.4.7,4. ~ of buffer& Within a r~luir~l buffer gxip, the following alternative
shall be used based on the matrix in table 2,4,
Words otmok-deeelh are deleted, words underlined ate added,
Page 49 .
06/02/97
Alternative A: Ten-foot-wide landscape buffer with trees spaced no
more than 30 feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year
landscape buffer six feet in height, which may include a wall, fence,
hedge, berm or combination thereof, including trees spaced no more than
2S feet on center. When planting a hedge, it shall be a minimum of 10
gallon plants S feet in height, 3 feet in spread and spaced a minimum 4
feet on center at planting.
Alternative C: Twenty-foot-wide, opaque within one year, landscape
buffer with a six-foot wall, fence, hedge, or bcrrn, or combination
thereof and two staggered rows of trees spaced no more than 30 fcct on
ccnter.
Alternative D: A landscape buffer shall be required adjacent to any road
right-of-wnyrextcrnal to the development project. Said landscape buffer
shall be consistent with the provisions of the Collier Coun_W Streetscape
Master Plan. which is ineo.rporated by reference herein. The minimum
width of the perimeter landscape buffer shall vary according to the
ultimate width of the abutting right-of-way. Where the ultimate width of
Ihe fight-of-way is zero to 99 feet, the corresponding landscape buffer
shall measure at least ten feet in width. Where the ultimate width of the
right-of-way L 100 or more feet, the corresponding landscape buffer
shall measure at least 15 feet in width. Developments of 15 acres or
more and developments within an activity center shall provide a
perimeter landscape buffer of at least 20 feet in width regardless of the
width of the right-of-way. Activity center right. of-way buffer
' requirements shall not be applicable to roadways internal to the
development.
Trees shall be spaced an average of 30 feet on center in the landscape
buffer abutting a right-of-way.
A hedge of at least 24 inches in height at the time of planting and
attaining a minimum of 3 feet height within one year shall be required in
the landscape buffer where vehicular areas are adjacent to the road fight-
of-way, pursuant to section 2.4.4.3.
The r~niaining area of the landscape buffer shall consist of existing
native vegetation, grass, ground cover, or other landscape treatment.
f ._.,x ....:--.wits`:- n ri-L' _r ....... s.., _^, :. .... ,..J , ...... ~_
r b J ~...,, .,v, ~v "f'l"*'~ ,v ,,.__, ..v
.... :.: .... r d.:. ^^.~. Every effort should be made to retain and
incorporate the existing native vegetation in these areas.
Words ~ are deleted, words underlined are added.
Page 50
05/29/97
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adj,cent Properties Dis~ict
SuSject Propet~s
D~H ! 2 3 4 5 6 7 8 9 10 I I 12 13
I. Agriculture(A") - B B B B B A A A A D A
2. Residential (E, P, SF)
single-family A A B B B B B C B · D B
3. Residential (RMF-5,
RMF-12, RMF-16) mul-
tifamily A Iq A B A B B B B * D B -
4. Residential toutist(RT) A B A A B B A B B * D B -
5. Village residential(VR) A A B B A B B B B * D B -
6. Mobile home(Mlf} A B B B B A B B B * D B B
7. Commercials (C-I, C-I/T,
C-2, C.3, C-4, C-~);
Business Park(riP) A B B B B B A A A * D B B
8. Indubtrialz(1) A C B B B B A A~ A * D B B
9. Public use {P), commu-
unitY facilitT(CF), A B B B B B A A A * D n -
Clubhouse,
Ameni~ Center
10. Planned unit develop-
ment(PUD) * * * * * * · * * * D *
II. Vehiculartights-of-way D D D D D D D D D D - B -
12. Golfcoursemaintenance B B B B B B B B B B B A B
building
13. Golf course ........... B -
The letre' listed under "Adjacent Properties District" shall be ~ landscape buffet and
screeninI alternative required. The "-* symbol shall ~,,~ent thai no buffet is
required. ~ PUD district buffet, due Io a variw/of differing !and uses, is indicated
by Ihe '** symbol, and shall be based on I~ landscape buffet and screening of I~
dimlet et use with I~ most similar typ~ densities and intensities of use. Wbe~ ·
conflict existl b~qaeet~! file bjffer/ng requimlle~tl and the yard I~quireltlenl~ of litis
code, the yard requirements of the subject zoning district shah apply.
q~uffering in aViculture (A) distHcls shall be applicable at the time of site
development plan (SDP) submittal,
=Industrial (1) zoned properly, whm abutting industrial (I) zoned propend, shall be
requited to install · m~be,nn five-foot-wide type A ~ buffet adjacent to tim
sidesndt~itptopettylinet This ares shall not be used fot watet management in
addition, ~ may be reduced to 50 fm on ~;.--:-~ along rear and side ~
buffen only. This reduction/n buffer widlh shah not apply to buffen adjacent to
vehicular tights-of-way or nonindusuial zoned property.
sBuffet areas between cummer~ia] oul]~atr. eb |ocated within · shopping ~entet may b~
a shared 10' wick. This does not apply to R.O.W. buffers.
Words ms~-a~ouSk ate deleted, words ~ are added.
Page 5 I
05/29/97
SUBSECTION 3.D: AMENDMENTS TO SUPPLEMENTAL DISTRICT
REGULATIONS DIVISION
Division 2.6., Supplemental District Regulations of Ordinance 91-102, as amended, the
Collier County Land Development Cede, is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
2.6,7. Parking and Storage of certain vehicles.
~? ....
2~7jj~= .....
....
Page 52
05/29/97
~ ~L-.j:"_ % :::!!~.'-:, b'-':.": ~ .-..:::: .'::m..~, w~:.": ::-,,~
::-,:-- :.~--~
th: ~'.::.?:'..: :f :::~!.':; ::.:~/__.. :,.'::.":L':.; "':~ '-'::!::~L~g --'^- ;: ::
4. .~.:.::: :,.':d .-::.:::,::..-.~.g~rc'.~::::::. He::'.: :nd .."~:;:;: '"': ::.-.:!":~.
5. C;z:r---! :::;::':r,:. ~ ....
.... r .........__.f'-.~j: __~.:.:n :.'..::: :'_.-: .~:y t:
..h,'k. __st ........ ,.:::.:__ L^,.t.._J ___,.:...J _.-J-.._J
o,__ v:.'.'::: :~.: ~-.:r.: _':-..n.Tc~:d :.'..-.~y :.--- :.'.-~.dL".; ---."
Words Nsuek-dsgeeJk ue deleted, words underlined ar~ added,
05/29/97
See. 2.6.21.
2.6.21. I. Individual or multiple private docks, including mooring pilings, davits,
lifts, and the like are permitted to serve the residents ot'a development
on canal or waterway lots, provided they do not
protrude more than the respective distances specified in sections
2.6.21.2, and 2.6.21.3, for such canal or waterway.
~ Permitted dock
facility protrusions as well as extension ol'dock facilities are
measured from the property line, bulkhead line, shoreline, seawall,
rip-rap line, or Mean High Water line, whichever is more restrictive.
~,g~.,~,.. .....
. . . ,. -.
~ bt~oatbeuses ~ proposed
on residentia!ly zoned properties as defined in section 2.1.14 of this
code, shall be '
· .. ·
· ~ . .. . .
~!~is-ooda.
2.6.21.2. - · -- . ·
~ For lots on a canal or water~vay that is 1 130 Feet or greater in width, no
~ dock facility/boat combination shall protrude more than 20
feet into the water~vay (i.e. the total protrusion of the dock facility plus
the total protrusion of the moored vessel).
2,~2L2~ For lots on a canal or waterway that is less than 100 feet in width, dock
facilities may extend/prolrude not greater than five feet into said canal or
waterway.
05/29/97
facili_ty/boat combination to _aretrade more thv~ 20 feet into [~e
waterway ~or cause 1~ th~ a minim~ of SO ~t of the ~la,~
canal ~dth b~ d~k ~c~m~r~ ves~el(s~ on the o~itn
aide of the c~nl to ~ unob~mct~_ which~ is mo~ ~ctivt
2.~.21~,
~ For ]oM on a ~al or wat~y that is l~s ~ 70 fe~ in ~dth,
the d~f~ili~ ~t~sion p~ id~ti~ in t~tion 2.~.2~ ~
~ is not available (i.e., rich Io~ ~ limit~ to a ~ve-f~t d~k
faci]i~).
~ All d~ facilities on lots with wars ~n~ge of 60 fe~ or
~at~ shaft have a side setback r~ugfement of 15 fce~ exert n
pmvid~ in S~tlons 2.6.2 1 ] or 2.6.21.4. or u ~pt~ ~low.
All d~k f~iliti~ (~c~t ~atho~s~ on lob ~tb I~ ~ 60 f~
ofwat~ ~ntage ~hall have a aide ~b~k ~ui~t of 7 ~ f~.
All d~k faciliti~~ ~ 1o~ at ~e ~d or tide ~d
of a c~al or wate~ay sh~l have n side s~back ~ui~t of 7 ~
feet u m~r~ ~m the eide lot line or ~p~e line, which~s is
~pmp~ate. For pu~s~ oft~s s~ti~ fip~ line s~ll ~
de~n~ ~ a line ~t~ding ~m the ~m~ of~ ~d lot ~d side
end lot into the c~al or wat~ay bis~ting ~uidis~tly Ihe ~gle
creat~ by the ~o int~t~ng Io~.
(S~ ~hibit A.)
2.~.2~.~,
~ , All d~k f~ilitin, ~g~ls ofl~~io~ ehall Mve ~fl~o~ ~d ho~e n~ fo~ inch~ mi~mum ~ isl!~ at
· e out~o~ ~d, on ~th eid~. For mulfif~ily d~elopm~
the house num~ r~ui~t is waive.
~ All d~k f~iliti~ ~ ~b]~t to, ~d s~ll ~mply ~, all f~! ~d
gate ~ui~ ~d ~i~ ~cluding but ~ ]imit~ to the
~u]~ ~d ~i~ of Ihe F!o~da d~t of~m~t~
U.S. ~y ~s of Engine, ~d the U.S. Envi~i ~t~ti~
Ag~cy.
d~ng f~iHti~ ~ pm~ or ~at d~k ~t~jo~, ~e I~ation ~d
p~ce ofa~ or s~ps ~ ~n 2~ f~t of~y pm~s~
d~k faciH~ :r ~::~:~:: shah be id~ti~ on ~ ~al photo~h
ha~ng a scale ofone inch to 2~ f~t wh~ av~Zable ~m ~e ~, or
a gale of one inch to 4~ feet wh~ ~ch photoppha ~ not evilable
~m ~e ~. ~e ]~t~on o~s~ ~ ~1 ~ v~ by n site
~sit by ~e site d~e!~m~t ~ di~mr or ~ d~ip~ prior to
is~ of uy pm~t ~pmv~ or p~iL
2.~.21 .S.I,
~ All ~ ~:~, ~::: -~-~'-- ~ d~k f~iliti~ a~ll ~
I~at~ ~d nlip~ to ray at 1~ t~ f~ ~m ~y ~isting apa
b~ ~t wh~ n ~nt~uo~ ~ of a~ ~jm o~e ~hom of
the p~ ~d ~t m ~e p~, ed to mi~mis negative
subm~g~ veg~tion ~ h~ ~om ~ti~.
05~9~
~ Where ~ continuous 1~1 o~ seaFasscs exists ofT the sho~ or the
property and adjacent to the property the applicant shall be allowed to
build a dock across the seagrasses, or a ~=',~,-'-'::, ~,:.',
docking racility within ten feet ot'seagraAsu, Such
0kekem~f docking t'acilities shall comply with the tollowing
conditions:
I. The ~k,~,~:,,,k,~,.:,~,, ,~:t :,k,:!;~: dock shall be at a height of at least 3,5 feet NGV~3.
2, The terminal platl'orm ofthe dock shall not exceed 160 square feet.
3, The access deck shall not exceed a width of four feet,
4. The access dock and terminal platform shall be sited to impact the
smallest area ofseagrasses possible.
2.6.21.2.7.3. The petitioner shall be required to demonsrate how negative impacts to
seagrasses and other native shoreline vegetation and hard bottom
communities have been minimized prior to any project approval or
permit issuance
~ Doc/c Facfti~ F. tfetrton.' Bo~tAm/.re E. rtnh!~Arn~t CrffeHn. Additional
len_r,.IV.~mru~ion beyond said re~ec. tive distances .sueci f3ed in sections
, 2.6.21.2.1 and 2.6.21.2.2. for doelc fneilltles: and all
: re~nz'dl~s of the extent ofthe ~ro1~usinn into the watcr,,vn_v or the width
of the water~,n.v. shall req. ulre .nu!~]ic notice and a hearln_~ b.v the Collier
Coun_ty P!9~nln_~ Commission. As to an_v boat riotic ext~tslon .t~itlon
_t.,~on wi~ich the _nlannln~ comrnlulon tnlces action_ _nurs~nnt to section
5.2.11 of this code. an a_~_~n'irv~ .netitioner or adverse]_v affected
pro,hertZ. owner may **az~! such final ~ion to the board of zonin_~
al}Denls. The board ofznnin_~r n..n~enls may affirm_ affirm with
conditions. revere. or reverse with condifion~ the nctlon of the plnnnin_~
corrrnission. Such .atOne. hi shall be filed with the community
develop. meat and environmental services ndmini~trntm' within 14 d_n~s of
the date of the ~tinn b.v the plnnnln_~ commission and shall be noticed
for hr.m'in_~ with the board orTonln_~ ..nz~nenls .nm'su~nt to the procedures
and nn..z>licable fee set fu~h in section 1.6.6. of this code. The .nlm~nin_~
commission shell base its decision for .m~.roval. a.n~.roval with
Conditions. or denial. on the f'ollowin_~ criteria:
2.6.21.3.1. ~/]~etherornott:t:henuml~,'rofdockfacilitiesorsli.nstobeloc~tedon
the subject property is n.np~.~ate in relation to the length of waterfront
property available for the location of the .nro.t~.sed dock facilities,
2.6.21.3.2. ~vVhether or not t -The water depth where the ~dock facility is to
be located is sufficient to allow for safe monrln_~ of the vessel ther~b_v
neeessltntln_~ the extension re~.uest. ~,':~ ;~: _~-:='-,.=:,:
2,~,2 1.3.3. ~V~ether or not the _~o~.se~ d~c~c facili~W and m~,'e~ vessH(.s) in
combination may have an i~verse impact to navi_~atlon within 8n
~,~.ent nsvi_~ahl~ ch~nnH.
Page ~6
r..:~:... :...: ~ !:::::d,-Whether or not the nro~oscd dock design and
mc~red vessel protrude _Lrreatet than 25 percent of the width or the
navi..gahle canal or _L, reater than 20 feet for Boathouses_ and whether
not a minimum orho percent of the platted canal width between doric
strucmrestmoored vessel(s) on the o._m~site side or the c~naljl
maintained in order tO ensure reasonable waterway width for
navigability.
2.6.21.3.5. -r-....n~_..~._ .,^.~. r_:~:... _.:. ~. ......,..
Whether or not there are s.mmial conditions related to the sub_leer
1Zl~perty or waterway. Which justi~ the proposed dimensions azld
location or the subject doCk.
2.6.21.3.6. ,n.. iN^,:^. ~_,..,.,__,_..: .... ., ,~_:_ ^ra~, r_:,:.:
Whether or not the propo. sed dock is of'minimal dimensions
necessary_ in order to adea. uatet.v secure lhe moored vessel whil{
liJ:~,.Z:Cl~j~,~hle access to the boat For routine maintenance_.
without the use orexcessive deck area.
Whether or not the proposed structure is orminimal dimensiO llllq~
minimize the impact or the view of the waterway by surroundinS
pruperty owners.
Whether or not the mo~rcd yessol is in excess or fif~/(SO) percent
of the !cn~h of' the water~'ontage such that the addition ors dock
structure will increase the impact on or negatively impact the view
of the waterway b_v surrounding property owners.
Whether or not the pru.nosed ]g~:ation and design of the dock/vessel
combination is such that it may infrin~ .upon the use
neighboring properties. includln~ any existin~ dock structures.
2.6.21.3. ! 0. F~r n",~,::=! ~'::~,-'r~'-,,~a!~, :n!y: R~gazliiag existing benthic organi~Tn~ in
the vicinity of the proposed extension:
(a) Whether or not sea~ses are located within 200 feet oftho
~) Whether or not the propo. sed dock is ~ub_~ect to the manatee
protection req. uirements of this code(See.
2.6.21.3.11, Ifdeerned necessary based upon review oftho abov~ ~riteria, ~ho
planning commission may imposo ~uch conditions upon the ~pproval of
~n extension requ~t it deem, as necessary to
Words miuat4be~4, ~r~ deleted, words ~ are ,aded.
05/'29/97
accomplish the purposes of this code and protect the safety and
welfare of the public. Such conditions may include, but shall not be
limited to, greater side sethack(s), provision of light(s), additional
reflectors, or reflectors larger than four inches, and prohibiting or
permitting mooring on the outside of the dock facility.
2.6.21.4. Boathouse Requirements: In addition to the criteria in section
2.6.21.3. the followin_~ criteria shall apply to boathouses;
2.6.21.4.1. Minimum side setback r~.uireme~l| I 5 feet
2.6.21.4.2. Maximum .m'ot~usinn into waterway; ~.~xllJ~lllld
width or 20 feet_ whichever
is less,
2.6.21.4. 3. Maximum hei_~ht:
from top of
whichever is morn
2.6.21.4.4. Maximum numb~ of boathouses 9er site:
2.6.21.4.5. All boathouse s~ uctures shaft be completely open on ,,!1 four f41 side~
2,6,21.4.6. . Roofing material and toot color shah be the same as materials and color~
used on the principal structur~ or may be of a palm frond "chickee"
style.
2.6.26. we::',::: r:.~:!r::=.:---``: f:r ,,'--r ...... ,,
develo_nment standard,.
2.6.26.1. General Requirements. All group housing structures shall meet the following
requirements specified for each type of structure:
1. Site development plan (SDP) approval in conformance with division 3.3
(with the exception of,, family care facility).
2. All applic,,ble state and county building and fire code standards.
3. All applicable state and county licensing requirements.
2.6.26.1.1. Family care facility. A family care facility sh,,!! be treated as ,, single dwelling
unit for the purpose of determining applicable development standards and,
therefore, shall conform to the standards identified for ,, single-family dwelling
unit or mobile home in the zoning district assigned to the property, as well as
other applicable standards found in the zoning code. However, a new family
care facility sh,,ll not be located within a radius of 1,000 feet ofanother existing
family care facility.
2.6.26.1.2. Group carefacfii~y (category I and category I/). A group care facility sh,,ll be
governed by the development standards identified in the zoning district assigned
to the property and the following standards:
I. Minimum habitable floor area.
Words :_':_':~ ;."::',:g~ aze deleted, words underlined ate added.
Page 58
06/02/97
a. Group care facility (category I): 1,500 square feet plus 200
square feet per live-in person, beginning with the seventh live-in
person.
b. Group care facility (category II):
( 1 ) Homeless shelters: 1,500 square feet plus ! 50 square feet
per live-in person, beginning wit the seventh live-in
person.
e (2) Uses other than the homeless shelters: I,~00 square feet
plus 200 square fee~ per live-in person, beginning with
the seventh live-in person.
2. Minimum lot area.
a. Group care facility (category I): 6,000 square feet plus !,500
square feet per live-in person, beginning with the seventh live-in
person.
b. Group care facility (category ll):
(!) Homeless shelters: 6,000 squar~ feet plus 400 square feet
per live-in person, beginning with the seventh live-in
p~-rson.
(2) Uses other than homeless shelters: 6,000 square feet plus
!,500 square feet per live-in person, beginning with the
seventh live-in person.
3. ParMng required. Two parking spaces per five beds (minimum
requirement: two parking spaces).
4. Separation requirements.
a. A new group care facility shall be required to be located greater
than a radius of 1,200 feet from any other existing group care
facility (applicable to the RMF-6, RMF-12, RMF-16, RT, and
VR zoning districts).
b. A new group care facility shall be required to be located greater
than a radius of 500 feet from any other existing group care
facility (applicable to the A, estates, and RSF !-6 zoning
districts).
c. Distance requirements shall be measm'ed along a might line
from the nearest point of the existing group care facility pwpcrty
to the nearest point of the proposed new group care facility
property.
5. Spedal setback requirements. No structure shall be erected within 20
feet of any abutting lot or parcel which is zoned residential, nor within
25 feet of a wad right-of-way.
6. Landscaping requirements. As in division 2.4.
Words .-~'=.::~ ~_.."~;:~. are deleted, words underlined are added.
Page 59 ,
05/29/97
2.6.26.2. ~. ...... z. A ....... :..~., L ....... J L...~. J_._: .... .
Ot~er care ~ou~in?facilitie~: All oth~ ca~ housin~ ~vimnm~ts u dc~n~
in Ibis c~e. including but not limited to c~ units. assisted living unif~
continuing ca~ retir~t communlti~. nu~ing hom~. and dwellin~ u~its that
~e pa, of an aging-in-place llvin~ ~vlmnm~t shall adh~e to the fotlowin~
standards in addition to those ~tablish~ by the und~lying zonin~ dist~ct.
2.6.26.2. I "~-: ........ :,,-J J ...... ~ ....... : ..... ~ ....: .....:
M~vimum fi~r area ratio. ~e maximum ~r ~a ~tio shall not ~ce~
factor of 0.45 t 0.45 times the a~a of the p~p~ ~uals the ~ss ~r a~.
2.6.26.2.2. N;~:!:;: -~-~ .... u~_.:... :~:2t~ -~-' b: _.k:_, :: ,k.
.... r ...... :~ Fc~, b .... b
~dditionfil xubmittal requirementx: In addition t~ lhe ~ui~ SDP
conditional use submittal ~ui~ts of this code. developments containin~
independ~t housln~ unils ~mvidin~ an u~isTed livln~ and nu~in~ car~
component must be ~hlcal!~ r~resent~ as ~ of the conditional use
site development ~lan a~licafi~. ~is ~hic ~tation shall d~ict
common areas as well u a ~ical ind~d~t housin~ unit ~d shall includ~
dimesions ~d squ~ f~tagc of each compact. Additionally. ~tio of
ind~d~t units to a~sisted units. ~d the number ofskill~ nu~in~ beds shal~
be ind;ca{ed. ~e a~lication shall include a ~at~t of available ~sistanc~
with ~'acfivities of daily !i~ng'. includin~ but not 1;m;t~ to amhulafiQn.
~om;n~. fecdln~. financial mana~em~i. medicine mana~ent. and so on.
~ M~imum Height. ~e maxim,m height shall ~ lhe
as lhe und~lyin~ zonin~ disTdcl exert as othc~ise m~i~ Through
conditional use ~mcess for resid~fiall~ zon~
2.6.25.2.4. Special zetback requirements. No s~c~ shall ~ ~icd ~{hin 20 f~
~y abutting lot or p~cl which is zon~ ~sidcntlal, nor within 25 fc~ of a
road tighter-way.
2.6.26.2.5. ParMn~ required. ~=d;:;;[~Z ;:q=[r:=cz:z. a ..... :~ ~= J:..:-:,, ~ x
~ Ind~d~t li~n~ units. ~e (I) pff dwelling unil
~ Assi~M li~ng units. 0.75 p~ a~ist~ unit
(iii) Nunin~ ca~ units. Two (2) p~kin~ ~ac~ p~ five (51 b~
Words eMek4lmuth are deleted, words underlined are added.
Pale 60
05/29/97
SUPS[~ION 3.~: AMENDM~S TO ZONING ADMINIST~ON
AND P~OCEDURES DIVISION
Division 2.7., Zoning Admi~is~tion and P~uru, or
m~d~, the Cotii~ County Land Development C~c, is h~y m~c~ to ~ad H Follows:
DI~SION 2.~. ZONING ADMINIST~TION AND PROCEDURES
2.7.2.12. LimitotioR$ oH t~e r~o,iR~ o/prope~.
2.7.2.12.1 No change in ~',,c ~ning cl~sification o~ pmpcdy shall bc coosid~
which involves IHs th~ 40,~ ~uam ~c~ of Keg ~d 2~ ~ oF st~
~mntagc exert: wh~ the pm~sal For rczonin8 oF pmp~y involv~
an cxt~sion o~an existin8 or similar ad~ac~t district
the hmad~ lan~ use ctassi~cation of "~" districts. "RSF" dls~ct~
"~F" districts. wh~in such ~zona
appropriate tm~sltion ~m. adjacent dist~cts
Howcv~, the ~ui~ent o~ 2~ ~c~ o~ st~et ~ntagc shall not apply
to rc~nc pctitio~s that provide 80 p~t or mo~ affodablc housing
u~its.
See. 2.7.5. Variance procedures.
2.7.5.7, Conditions and Safeguards, In recommending approval of any variance,,
the pinning commission make re~:ommend appropriate conditions and
safeguards in conformity with this zoning code including but not
limited to, reasonable time limits within which the action for which the
variance is required shall be begun or completed, or both. In the case of
after-the-fact variances. the pinning commission may recommend. as s
condition of annroyaL that in the case of the destruction of the
encroaching structure. for any reason. to an extent e~.ual to or greater
than fifty percent (50%~ of the actual replacement cost of the structure at
the time of its destruction. any reconstruction shall conform to the
provisions of this code in effect at the time of reconstruction. Violation
of such conditions and safeguards, when made a part of the terms under
which the granting of this variance is granted, shall be deemed a
violation of this zoning code.
2.7.5.10. l~otfce of board of zoning appeals public hearing, Upon completion of
the public hearing by the planning commission, the petition shall be
heard by the board of zoning appeals. v n Notice of public heating shall
be given at least 15 days in advance of the public hearing f~ before the
Words oI~ are deleted, words underlined are added,
Page 61
05/29/97
board of zoning appeals, The owner of the property for which the
variance is sought, or his agent or attorney designated by him on his
petition, shall be notified by mail, Notice of public hearing shall be
advertised in a newspaper of general circulation in the county at least
one time I 5 days prior to Ihe hearing.
2.7.5.13. Conditions and Safeguards. In granting any variance. the board of
zoning appeals may prescribe appropriate conditions and safeguards in
conformity with this zoning code including. but not limited
reasonable time limits within which the action for which the variance is
required shall be begun or completed, or both, In !he case of after-the-
fact variances. the board ma~v stipulate that in the case or destruction of
the encroaching structure. for any reason. to an extent equal to or greater
than fi Ry percent (50%~ of the actual r~.lacemcnt cost of the structure at
the time of its destruction. an.v reconstruction shall conform Io the
provisions of this code in effect at the time of reconstruction. Violation
of such conditions and safeguards, when made a part of the terms under
which the granting of this variance is granted, shall be deemed ·
violation of this zoning code.
SUBSECTION 3,F: AMENDMENTS TO SUBDIVISION DIVISION
Division 3.2., Subdivisions, of Ordinance 91 -! 02, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.8.3.22. ~ ...... ., .,._.t. ,x. .... , .... r ....... ,, k_.... _~._.:__
.... s`'" s` .... :"-J '^ ~'-~ ~ '~'- fell:-: !: .... :w-'-y :-':d
~afe sight distance triangIes at intersection and aeces~ points. V~here an
accessway intersects a right-of-way or when a property abuts the
intersection of two or more rights-of-way. a minimum safe sight distance
trian_eular area shall be established. Any ve_getatlon within this area
shall be planted and maintained in a way that provides unobstructed
visibility at a level between 30 inches and eight feet above the crown of
the ad_iacent toadway. Landscaping shall be located in accordance with
the roadside feeova/3/8Tea provisions of the State of Florida Department
of Transpo. rtafion's Manual of Uniform Minimum Standards for Desi_t,~
Construction. and Maintenance of ~treets and FIighways (DOT Green
Boolc~ where appropriate. Posts for illumlnatln_~ fixtures_ traffic control
and street natfie sigTls shall also be permitted. so long as the sign or
g~.ul.nment is not ?/ithln the prescribed clear space.
Where an access'way enters a right-of-way. two safe distance triangles
;hall be created diagonally across from each other on both sides of the
;coo,sway. Two sides of the triangle shall extend ten feet each way
Words _~-,;:~ '-~.-':'-:F,.': are deleted, wet, d, underlined ate added.
Page 62
05/29/97
5'om the point of intersection from the edge of pavement and the Hght-
or-way line. The third side oflhe triangle shall be a line Connectin_~ the
ends of the other two sides.
Where a property abuts the intersection of two rights-of way, a safe
distance triangle shall bc created. Two sides of the IHangle shall cxlend
30 feet along the abuttin_g right-of-way lines. measurccl from the point of
intersection. The third side of the tHang]e shall be a ]ine connectin_g the
ends of the other two sides.
The developer shall comply with all of the provisions of the applicable
landscape requirements and division 2.4 at the lime or subdivision or
development approval or when applicable.
SUBSECTION 3.C: AMENDMENTS TO SITE DEVELOPMENT PLANS
DIVISION
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) procedure,,
3.3.5. !. Minor site development plan review. Submittal of a site development plan under
the trainer review process shall be in conformance with section 3.3.5.5, final site
development plan applications, together with the following preliminary site
development plan application requirements: sections 3.3.5.4.1,, 3.3.5.4.2.1,. -
3.3.5.4.2.5,, 3.3.5.4.2.6.b - f, 3.3.5.4.2.7.a- f, 3.3.5.4.2.8. b, f, h, ,'.2.L~..2.L k -
m,_lk. 3.3.5.4.3, - 3.3.5.4.6. A site development plan may be reviewed under the
minor SDP review process if the plan submittal meets the following
requirements:
3.3.5.4.2. Site developmentplan. A site development plan prepared on a maximum size
sheet measuring 24 inches by 36 inches drawn to scale and setting forth the
following information:
8. Iljustrative information accurately depicted on the site development plan
shall be as follows unless waived at the pre-application meeting:
p. Where applicable. the site development plan shall include
_maphle depiction and site plan notations addressing the
provisions or Section 2.2.26.7.2. ofthls code.
Any additional relevant information as may be required by the
12Iaatlitlg ~:v:!c. pm:r.: services director~.~Lbilj;lt,~.igz3~,,
3.3.5.7. Site improvement plan tubmittal and review. Asiteimprovement~!an
(SIP) shall be prepared on a 24--inch by 36-inch sheet dawn to scale and
setting forth the following information:
12. Where applicable. the site improvement plan shall include
_traphie depiction and site plan notations addressing the
provisiqns of section 2,2.26.7.2. of this code.
Words ,lnek-llmmgh are deleted, words underlined arc added.
Page 63
05/29/97
Any additional relevant information as may be required by the
planning nile dev~iepment review services director. or his
desi~ee.
SUBSECTION 3. H: AMENDMENTS TO EXCAVATION DIVISION
Division 3.5, Excavation, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.5. EXCAVATION
3.5.4.7. Farm animal watering ponds or excavations located on single family
loWtracts where the net property size is ~ve-aeeee-e,.4es two acres or
more are exempt from the permitting procedures contained in this
division, but must comply with all the construction standards of this
division. Such exemptions apply only if:
3.5.7.2.4. Exceptions to the side slope requirements that may be justified by such
alternatives as artificial slope protection or vertical bulkheads shall be
approved in advance by the site development review director, wher~
justification shall be documented in a design analysis prepared by a
professional en~;neer registered in the State of Florida.
b~ allowed for no more than 40 percent of the shoreline length. but
I:ompensating I/floral zone must be provided.
SUBJECTION 3,1: AMENDMENTS TO WELL CONSTRUCTION
DIVI.SION
Division 3.6., Well Construction, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DMSION 3.6, WELL CONSTRUCTION
3.6.5.5.3.6. A!! ':::!!: :~:!! 5: !:~ --'~ 7-:-"-:t:::r.J.~ "~ 'L~:.k--~ .k..... ,:._:.k.J
At a minimum. all domestic potable and irrigation wells shall be left and
maintained at finished _mound floor elevation. All other wells shall be
_left and maintained at least 12 inches above finished _etade. unless
otherwise permitted.
3.6.5.7A. Provide a slcetch or drafted map iden~_fyin? the location and distance to
all wells. septic tanks, and drainfields From the pro.nosed we!l. at the
time of this .sppliestinn. This st)plies to welts: septic tanks_ and
dralnfields on both the sub_tact property. and on
closely sd_iacent properties. This requirerne~t .s.~,lles to those wells.
septic tanks. and drainfields that are either installed. under construction_
or permitted at the time of this _a!~.lication_ The staiced location elr the
well for which this permit is boln_a re~.uested must meet all applicable
setback req. uirerne~ts.
SECTION 3,3: AMENDMENTS TO DEFINITIONS SECTION
Words ~ ar~ deleted, words ~ a:~ added.
Page 64 .
05/29/97
Division 6.3. Definitions, of Ordinance 91-102, as mended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 6.3. DEHNITION5
,,.4..~, r, .........~ :..:._ ,'..:, ...../ ~pr c~ ,4ssisted Livine Facility (ALF}: Any building(s),
~"°°"" ~"b' ~6~'' ~' ""6 J'~"'*~'~ I''~' / _
section of a building, distinct part of a building, residence, private home, boarding home, or
other place, whether operated for profit or not, which undertakes through its ownership or
management to provide for a period exceeding 24 bouts, housing, food service, and one or
more personal services for four or more adults, not related to the owner or administrator by
blood or marriage, who require such sen, ices and to provide limited nursing services, when
specifically licensed to do so pursuant to F, 5. § 400.407. The facility shall be licensed and
approved as such by Florida department of health and rehabilitative services. A facility
offering personal services or limited nursing services for fewer than four adults is within the
meaning of this definition if it formally or informally advertises to or solicits the public for
residents or referrals and holds itself out to the public to be an establishment which regularly
provides such services.
Boathouse, privw'e: -,am-A roofed, ec,',essory use to a residential stnzcture(s), adjacent In a
waterway, open on all sides and nrovidinE covered nrotecllon to a boat F,'::";dL'.r~
K ....:__ ^r . ~.^~, and accessories customaz7 thereto. A private boathouse may not be used for
the purpose of human habitation. (See section 2.6.21 .)
Care unit: A residential treatment facility, ;t~r, :~=: ..... :R, ~,^_. where, for compensation
(if applicable), persons under care receive food, lodging and some form of on-silo Iherapeutic
care on a daily basis. This type of care may involve psychiatric, psychological, medical,
physiological therapies, behavior modification and other such services. This type of facility
shall contain IS or more persons under care, plus resident supervisors as required by subsection
10A-5.0l g, Florida Administrative Code, and shall permit all of the list of uses as permitted by
gTOUp care facililies (Category ~ and Category H), (i.e., ~',:'!: =~':.~,::: ......
assisted living facilities: foster care facilities; facilities for. aged persons, drvclopmentally
disabled persons (as defined in F. S, § 393.063(11), as amended), physically disabled or
handicapped persons (as defined in F. S. § 760.22(7)(a), as amended); crisis and attention care;
displaced adult care; homeless shelters; mental and emotional health care; offender halfway
houses; spouse abuse care; substance abuse care; and youth shelters). (See section 2.6.26).
Continuing care retirement cnmmuni~ FCCRC): A living environment providing shelter. food.
and clthcr nursing care or personal service as defined in s. 400.402 (16~ F.S.. whether such
nursing care or personal services are provided in the facility or in another setting desi_Lmated by
the agreement for continuing care_ to an individtsal not related by consanguinity or a/finity to
the prorider furnishing such care. upon pa_vment of an entrance fee. which is licensed by the
department of insurance of the State of Florida pursuant to s.6S I
Dock facgiry: Any structure constn3cted in or over a waterway for the
pJ::b3181:~urposc ofmoorin8 a boat. This includes docks, Walkways. piers.
meeting pilings, boathouses and the like. ,'~,,~: J:~ =:: !.-.:!'-'~:
Group housing unit: A teem or rooms connected together, constituting a separate, indclx'ndent
housekeeping establishment and physically separated A'om any other rooms or group housing
units, which may be in the same structure, with or without complete kitchen facilities, arK!
containing sleeping facilities and sanitary facilities. A group housing unit is applicable to the
following types of structures: family cm facilities, group care facilities (category I and
Wot~s .-~.;:~' ,_k_.:..:~ are deleted, words ~ are added.
Page 6S .
06/02/97
following types of structures: family care facilities, group care facilities (category ! and
category ll), care units, and nursing homes, and assisted !ivln_a and continuin_e care facilities.
(See section 2.6.26).
IVurstng home. rest home or extended care faciliC~: See J';"~' ~''
Hrr rl. as:fisled !flinty raciltl~ rALFL
/, _. _
SECTION FOUR: CONFLICT AND SEVERABILFFY
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, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the L~nd Development Code of
Collier County, Florida. The sections of the Ordinance may be tenumbered or relettered to accomplish such,
and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
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 z/"~C day o, /C)d. ddd, 1997.
BOARD OF COUNTY COMMISSIONERS
. ~::'.~:';0. ' ' '
' ViA
ATTEST:'... '',. ': ",~.:
· :>.': '.=....
.' , ThIs ordinance flied with the
Secretary of Slote#s fftce the
APPROVED AS TO FORM AND LEGAL SUFFICIENCY filing received this ,/,2.2~ de:n/
ASSISTANT COUNTY ATTORNEY
Wotde eeNk-4hewth are deleted, words _underlined an added.
Page 66 ·
05/29/97
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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:
ORD':NANCE NO. 97-26
Which was adoptedby the Board of County Commissioners on the 4th day
of June, 1997, during Special Session.
WITNESS my handand the official seal of the Board of County
Commissioners of Collier County, Florida, this 6th day of June, 1997.
I R
Clerk of Courts and'i~lerk,l'
Ex-offlcio to Boar4. of
County Commissioner~
~: Ellis Hoff~n
Deputy Clerk :~...