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Ordinance 97-83 Ei" ' ' ': ORDINANCE NO. 97-..s3 . RECEIVED c.. Cl~,rk AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS of 8osrd ,jLMENDED, THE COLLieR COUNTY ~AND B~O~NT R~GULATIONS FOR T!!~ UNINCORPORAT~ AR~& OF COUNTY, FI,ORIDA, BY PROVIDING FOR: S~iO~ R~CITALS: 5~ION TWO, FINDINGS OF FA~: 5~iON T!JR~, ADO~TION OF AMeNDMeNTS TO TB~ FOI.LO~VING: ARTICLE i, GENERAL PROVISIONS, DIVISIO~I.6. INTERPRETATIONS; ARTICLE 2, ZONING, DIVISION 2.2. ZO~G DISTRICTS, PERMI~ED USES, CONDITIONAL Ui, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO Tile DEFINITIONS OF ANTIQUE STORES, PAWN S!tOPS, USED MERCt!ANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPLACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLAU~S AIRPORT, ZONING MAP D., IMMO~LEE AIRPORT; SECTION FOU~ CONFLICT AND SEVE~BILi~; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFE~iVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissione~ adopted Ordinance No. 91-102, the Collier County Land Development Code (he~inafier LDC) , which h~ been subsequently amended; and ~EREAS, the LDC may not be amend~ more than two times in each calendar year pu~uant to Section !.19.1., LDC; and ~EREAS, this is the second am~dm~t to the LDC, ~in~ce 91-102, in this calendar ye~; ~d ~EREAS, on March 18, 1997, the Bo~d of County Commission~ adopt~ Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have be~ met; and ~EREAS, the Board of County Commissione~, in a manner pre~Hbed by law, did hold advertised public hearings on December 2, 1997 and December 17, 1997, and did take action conc~ing these amendments to the LDC; ~d ~E~AS, all applicable substantive ~d p~cedu~i requirements of the law have be~ met. NOW, THE~FORE BE IT O~A~D by the Board of County Commission~ of Collier Count, Florida, that: SECTION ONE: ~CIT~S ~e foregoing recitals are ~e ~d co~t ~d inco~ont~ by refernee h~ein u if ~lly set fo~. SE~ION TWO: ~NDINGS OF FA~ Words c,'.r--':h :~::::;.s: are deleted, words underlined are added. Page I The Board of County Commissioners of Collier County, Florida, hereby makes the following findings o f fact: 1. Collier County, pursuant to Sec. 163.3161, et ,~,a., Fla. Star., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereina~er the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Star., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 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(1)(b), Fla. Star., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or clement or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be mended so as to be consistent. 5. 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 10, 1989, Collier County adopted the Collier County Growth Management Plan (heroinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 ct teal. Fla. Star., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(I)(a), Fla. Slat., mandates that after a Comprehensive Plan, or clement or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or clement or portion thereof shall be consistent with such Comprehensive Plan or clement 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)C0). Fla. Stat., requires that a development approved or undertaken by a local govcmment shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, Ocapacity 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. Words :..'r-:b. '--L':::F,~ are deleted, words underlined are added. Page 2 12/15/97 I0. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. I i. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, 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 of present and future !and uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Star., and Chapter 163, Fla. Star., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A: AMENDMENTS TO INTERPRETATIONS DIVISION Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.6. INTERPRETATIONS See. 1.6.1. Authority. The planning services director shall have the authority to make all interpretations of the text of this code, the boundaries ofzoning districts on the official zoning atlas, and to make all interpretations of the text of the growth management plan and the boundaries of land use districts on the future land use map. The chief building official shall have the authority to make all interpretations of the text of this code on matters related to the building code, building permit requirements, building construction administrative code or building permits. In eases where interpretations of both the building official and planing services director are requested jointly, any conflict shall be resolved by the community development and environmental services administrator. See. 1.6.2. Initiation Words :.:.::k '..~::::;k ar~ deleted, words underlined are ~ddcd. Page 3 12/15/97 An interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. Sec, 1,6.3, Procedures. !.6.3.1 Submission of request for interpretation. Before an interpretation shall be provided by the planning services director, or chief building official, whichever is applicable, a request for interpretation shall be submitted to the planning services director or chief building official, whichever is applicable, in a form established by him. A fee for the request and processing of the request shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. 1.6.3.2. Determination of completeness. After a request for interpretation has been received, the planning services director or chief building official whichever is applicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, determines that the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. 1.6.3.2. I. Notification of affected property owner. Where a site specific interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concc, rning their property. 1.6.3.3. Rendering of interpretation. After the request for interpretation has been determined complete, the planning services director or chief building official, whichever is applicable, shall review and evaluate the request in light of the growlh management plan, the future land use map, the code and/or the official zoning atlas, and building code related matters, whichever is applicable, and render an interpretation. The planning services director and the chief building official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 1.6.3.2. Sec. 1.6.4. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. See, 1,6,5, Official record, The community development and environmental services adminigrator shall maintain an official record of all interpretations rendered by either the planning services director or chief building official, which shall be available for public inspection during normal business hours. i .6.5.1. H~fic, c. c,f~n*,,-'r~rr~*.at:-~n Notice qfinte.rpretation.. The community development and enviwnmental services administrator shall provide public notification upon the issuance of an interpretation. For general interpretations of the building code. Growth Management Plan or Land Development Code, notice of the, C.c,~: Words :=-',:':k -'-~--'~'-'~h arc deleted, words ~ arc added. Page 4 12/15/97 inlcrprctation and appeal time-frame shall be advcriised in a newspaper of general circulation in the County. For interpretations affccting a specific parccl of land, notice of Ihc intcrprclalion and appeal lime-frame shall bc advcrtised in a ncwspapcr ofgcncral circulation, and mail noticc oflhc intcrprctation shall be scnl Io all property owncrs within 300 fcct of lhc propcRy lines ofthc land for which the interpretation is cffcctivc. 1.6.5.2, E.(fective time lintits o/an i, ter_nretation. An interpretation rendered by th~ planning services director or Ihe building official. as the case may be. shall remain in effect until the appropriate code section is amended to clarify Ih~; applicable provision or provisions which warranted the interpretation. or until such time as the intergretation is adopted. modified. or rejected as a result of at. appeal to the board of zoning appeals and/or the building board of adjustment.~ and appeals. by the applicant or other individual or entity identified in sec. 1.6.2. of this code. From the time the interpretation is rendered and the time appropriate code section is amended. or in the case of an appeal. until such tim,; as the board of zoning appeals and/or the building board of adjustments anti appeals has rendered its finding. no further request for interpretation regarding the same issue shall be permitted, Sec. 1.6.6. Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days aftcr receipt by ,'.:,: applicant or affectcd property owner of a written interpretation sent by certified mail return receipt requested by the planning serviccs director or chief building official, or within 30 days of publication of public notice of interpretation. the applicant. affected property owner. or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes ~s shown in division I. 18 or to the board of zoning appeals for all other matters in this code. For the purp. oses of this section. an affected properly owner is defined an owner of properw located within 300 feet of the property lines of the land for which !h~I interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collie, County Growth Management Plan. Land Development Code. or building corers). The alleged adverse interest may be shared in common with other members of the community at large. shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information. exhibits and other backup information in suppo, l of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the board ofcounty commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public heating on the appeal and shall consider the interpretation of the planning services director or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services director's or chief building officiars interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planning services director's or chief building officiai's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the code or the official zoning atlas, or building code, whichever is applicable. SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION Words :_':-.::~ :.k,::: g~ are deleted, words underlined are added. Page 5 12/15/97 Division 2.2. Zoning Districts, Pcrmilted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITrED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.12. Commercial professional district (C-l) and commercial professional transitional district (C-l/T). 2.2.12.2. I. 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; nursing homes; assisted 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. 6. Offices for g ~ngineering, architectural and surveying services (groups 0781. 8711 - 8713). 7. Health Services (8011-8049). 8. Individual and family social sin, ices (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 9. Insurance carriers, agents and brokers (group 631 !-6399, 6411). 10. I~gal services (811 ! ). I 1. Management and public relations services (groups 8741-8743, 8748). 12. Miscellaneous personal sin'ices (7291). 13. Museums and art gallflies (8412). 14. Nondepository credit institutions (groups 6141-6163). 15. Real estate (group 6531-6541). 16. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that nclusively serve the administrative as opposed to the opentionai functions of a business, and are purely associated with activities conducted in an office. Words :~-:~ ~.:~,~:;.h ~ deleted, words underlined are added. Page 6 21155)7 2.2.12.3. Conditional uses, The following uses are permissible as conditional uses in the commercial professional/transitional district (C-l, C-1FF), subject to the standards and procedures established in division 2,7.4. i. Civic, social and fraternal associations (8641). 2. Depository institutions (groups 601 !-6099). 3. Educational services (8211-8231). 4. Health services (8011-8049). 5. Homeless shelters, as defined by this code. 6. Increased building height to a maximum of S0 feet. 7. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and of the neighboring lands; b. T1.' commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-i, C-Ill' district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 squar~ feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 pen:ent of the mixed use development shall be maintained as open space. The following may bc used to satisfy the open space requiramcnts: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); Words :~.:k_ ,..k_.:::~.k. are deleted, words underlined ate added. Page 7 12/! 5/9 7 k. The mixed commercial/residential structure shall be designed to enhance compatibility of Ihe commcrcial and rcsidcntial uses through such mcasures as, but not limited to, minimizing noise associatcd with commercial uses; directing commercial lighting away from residcntial units; and separating pedestrian and vchicular accessways and parking areas from residential units, to the greatest cxtcnt possible. 8. Nursing and personal care facilities (8082). -L0 9. Religious organizations (8661). -14-10. Soup kitchens, as defined by this code. 4-2 il. Veterinarian's office (0742), excluding outdoor kenneling. Sec. 2.2.14 Commercial intermediate district (C-3) 2.2.14.2. I. Permitted uses. 1. Un;~.ss otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 2. Apparel and accessory stories (groups 5611-5699). , 3. Auto and home supply stores (5531 ). 4. Business services (groups 7311,7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 5. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to Iocational requirements of section 2.6.10. 6. Food stores (groups 5411-5499). 7. General merchandise stores (groups 5311-5399). 8. Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 9. [Reserved.] 10. Home furniture, furnishing, and equipment stores (groups 5712- 5736). 11. Libraries (8231). 12. Marinas (4493), subject to section 2.6.22. 13. Membership organizations (8611-8699). 14. Miscellaneous repair services (groups 7629-7631 ). Words :_---:~ *.L-:::;~ ar~ deleted, words ~ are added. Page 8 12/15/97 15. Miscellaneous retail (groups 5912-5963, except pawnshops and buildin~ malcrials. ~I~ ...... '-"; .....:'~- ..... merchcndi.'.~., 5992-5999). 16. Museums and art galleries (8412). 17. Non-depository credit institutions (groups 6111-6163). 18. Paint, glass and wallpaper stores (523 ! ). 19. Personal services (groups 7211,7212, 7215, 7216 non-industrial dry cleaning only, 7221-725 I, 7291 ). 20. Public administration (groups 911 !-9199, 9229, 9311,941 !- 9451, 951 !-9532, 9611-9661). 21. Retail nurseries, lawn and garden supply stores (5261). 22. Veterinary services (groups 0742, 0752 excluding outside kenneling). 23. Vi,'~otape rental (7841). 24. United States Postal Service (4311 except major distribution centers). , 25. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this code. 26. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the district. 2.2.14.3. Conditional uses. The following uses arc permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in division 2.7.4. 1. Amusements and recreation services (groups 791 I, 7922 community theaters only, 7933, 7991, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Drinking places (5813) excluding bottle clubs. All establishments engaged in the mail sale of alcoholic beverages for on-premise consumption arc subject to the iocational requirements of section 2.6.10. 3. Homclcss shcltcrs, as defined by this codc. 4. Hospitals (groups 8062-8069). 5. Justice, public order and safety (groups 92 ! 1-9224). 6. Social services (8322-8399), Words '.._':.:c~ '..k..'e'~.:g.k. arc deleted, words underlined arc added. Pagc 9 12/I 5/97 7. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approvcd pursuant Io division 3.3 that is designed to protect Ihe character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they arc compatible with the commercial uses: d. Residential dwelling units arc located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square fce~; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent ofthe mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: arras used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commereial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 8. Motion picture theaters, except drive-in (7832). Words :_':'.':~ '.-~-'-':.:g~ sre deleted, words underlined sre sdded. Page 10 12/I 5/97 9. Permitted use with less than 700 square feet gross floor area in Ihe principle structure. I O. Soup kitchens, as defined by this code. I i. ! l,.J .... !.,~_.J;,~., .... ICr~qq ..... , ..... ~,1, ..... A k..:l.!:___ 431]. Vocational Schools (8243-8299). Sec. 2,2.15, General commercial district (C-4). 2.2.15.2. I. Permitted uses. I. Unless otherwise provided for in this code, all permitted uses in the C-3 commercial intermediate district. 2. Agricultural services (groups 0741 except outdoor kcnncling, 0742 except outdoor kenncling, 0752-0783 except outdoor kcnncling). 3. Amusements and recreation services, indoor (groups 7911-7941, 7991- 7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes ope:~tion, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. 4. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in Section 2.6.28, 5571, , 5599 new vehicles only). 5. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. I. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be locatexl on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masomy or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lin=s perpendicular to th~ lot !in~ opposite th= residential district for a distanc= not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall b= protected by a barrier to prevent vehicles from contacting them. Words :..':-;:~ :hr;;gh arc delctcd, wordsunderlined arc added. Page 11 12/15/97 f. ,4rchitecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. IVaslff,g ttttd polisAing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall bc enclosed on at least two sides and shall bc covered by a roof. Vacuuming facilities may bc located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from I0:00 p.m. to 7:00 a.m. 6. Building materials, hardware and garden supplies (groups 5231-5261). 7. Business services (groups 7311-7352, 7359 except airplane, industrial Imck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial printing (2752, excluding newspapers). 9. Communications (groups 4812-4841 ) including communications towers up to specified height, subject to section 2.6.35. 10. . Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the localtonal requirements of section 2.6.10. il. Engineering, accounting, research, management and related services (groups 8711-8748). 12. Glass and glazing work (1793). 13. Group care facilities (category I and I1, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to s. 65 ! F.S. and ch. 4-193 F.A.C. all subject to Section 2.6.26. 14. Health Services (Groups 8051-8059, 8062-8069, 8071-8072 and 8092- 8099). 15. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging marine wrecking steamship leasing), subject to section 2.6.22. 17. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catchbasin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery Words :_".::h '-~.::::g~ are deleted, words underlined are added. Page 12 12/15/97 cleaning, repair of service station equipment, boiler cleaning, tinsmithing, Iractor rcpair). 18. Miscellaneous retail (groups 5912-5963, 5992-5999). 19. Motion picture theaters (7832). 20. Public or private parks and playgrounds. 21. Personal services (groups 7215, 7217, 72!9 7251 ~ except crcmatorics, 7291-7299). 22. Real estate (group 6512). 23. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 24. [Rcscrvcd.] 25. Vocational schools (groups 8243-8299). 26. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes ~.onsistcnt with Ihc permitted uses and intent and purpose statcment orthe district. Sec. 1.2.16. Industrial district (i). 2.2.16.2. i Permitted Uses 1. Agricultural s~rvices (groups 0711, except that chemical treatm~t of soil for crops, fertilizer application for crops and lime epreading for crops shall be a minimum ot'500 feet from a residential zoning district, 072 i, except that a~'ial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum orS00 feet from a residential zoning district, 0722-0724, 0761,0781~, 0783). 2. Apparel and other finished products (groups 2311-2399). 3. Automotive repair, service, and parking (groups 7513-7549). 4. Building construction (groups 1521 -! 542). 5. Business services (groups 73 12, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 6. Communications (groups 4812-4899 including communications towers up to specified heights, subject to section 2.6.35). 7. Construction-speci al trade contractors (groups 1711 - 1799). 8. Depository and nondepository institutions (groups 6011-6163). 9. Eating places (5812). ! 0. Educational services (8243-8249). Words -=.':.:~ :.k.::::~,h are deleted, words underlined are added. Page 13 12/15/97 11. Electronic and other electrical equipment (groups 3612-3699). 12. Engineering, accounting, research, management and related services (groups 8711-8748). 13. Fabricated metal products (groups 3411-3479, 3491-3499). 14. Food and kindred products (groups 2011-2099 except slaughtering planIs). I 5. Fumilure and fixtures (groups 251 !-2599). 16. Heavy construction (groups 1611-1629). 17. Health services (801 i accessory to industrial activities conducted on-site only). 18. Industrial and commercial machinery and computer equipment (3511- 3599). 19. Leather and leather products (groups 3131-3199). 20. Local and suburban transit (groups 4111-4173). 2 i. Lumber and wood products (groups 2426, 2431-2499). 22. , Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812-3873). 23. Membership organizations (groups 8611, 8631). 24. Miscellaneous manufacturing industries (groups 3911-3999). 25. Motor freight transportation and warehousing (groups 4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 26. Paper and allied products (2621-2679). 27. Personal services (groups 7211-72-1-951_- 7291). 28. Physical fitness facilities (7991). 29. Printing, publishing and allied industries (groups 2711-2796). 30. Railroad transportation (4011, 4013). 31. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 32. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255-3273, 3275, 3281). 33. Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 2297, 2298). 34. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). Words :=.::b_ ,..~_.:._.g_~_ ate deleted, words underlined are added. Page 14 12/15/97 35. Transportation by air (groups 4512-4581 except airports and flying fields). 36. Transportation services (groups 4731-4783, 4789 except stockyards). 37. United States Postal Service (4311 ). 38. Welding repair (7692). 39. Wholesale trade-durable goods (groups 5012-5014, 5021-5049, 5063- 5092, 5094-5099). 40. Wholesale Irade-nondurable goods (groups 51 ! I -5 ! 59, 5181, 5182, 5191 except that wholesale distribution ofchemicals, fertilizers, insecticides, and pesticicles shall be a minimum orS00 feet from a residential zoning district (5192-5199). 4 I. Any other use which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose stalenlent of the district. Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. 2.2.23.2.1. Primary zone. An area longitudinally centered on a runway, extending 200 feet bcyon. d each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. The width of each primary zone is as follows: PRIMARY ZONE WIDTH (FEET) A irpods Runway Type Widlh Naples -U--34-14-32 Other than utility/non-precision instrument 500 4.4,1S-23 Other than utility/precision instrument 1,000 Marco Island 17-35 OtJ:tcraJao IJMtility/no~-pfecision instrument SO0 Everglades 15-33 Utility/visual 250 Immokalee 9-27 Other than utility/e, oeFprecision instrument IOgl .000 18-36 Other than ulilily/non-precision inslrument 500 4-22 Utility/visual 250 I. Primary zone height. No structure or obstruction will be permitted within the primary zone that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerline. 2.2.23.2.2 Horizontal zone. The area around each public use airport with an outer boundary, the perimeter of which is constructed by swinging areas of q>eci~ed radii from the center of each end of the primary zone of each airport's runways and connecting the adjacent arcs by lines tangent to those ar~s. The radius of each arc is as follows: HORIZONTAL ZONE RADIUS (FEET} Words ::-.::~- '..~..'-:'_'g~ ate deleted, words ~ arc added. Page 15 12/15/97 Airports Runway Type Radius Naples ! .~ ~ ! 14-32 Othe~ than utility/non-precision instrumem I 0,000 4435-2~ Other Ihan utility/precision insmmsent 10,000 Marco Island 17-35 Other than Llutilitylnon-precision instrument .t,_%t2~_ I 0.0OO Everglades 15-33 Ulility/visual I mmokalcc 9-27 Other Ihan ueility/em~-precision instrument I0,0OO 18-36 Other than utility/non-precision instrumenl 10.000 4-22 Ulility/visual 1. ttorizonta/zone height. No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height. unless a Federal Aviation Administration Determination Of No Hazard To Air Navigation has been iss~l-~d. 2.2.23.2.3. Con/ca/zone. The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. !, Conical zone height, Height limitations for structures in the conical zone are 150 feet above airport height at the inner boundary with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary, 2,2.23,2,4, Approach zone, An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface, An approach zone is designated for each runway based upon the type of approach available or planned for that runway end, 1. Approach zone width, The inner edge of the approach zone is the same width as the primary zone, The outer width of the approach zone prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: APPROACH ZONI~ WIDTH (FEET} Airports Runway Type Width Naples !2 ~! 14-32 Other than utility/non-precision instrument 3,500 4-~ Other than utility/non-precision instrumcm 3,500 332,1 Other than utility/prcciaion ins~ument 16,000 Marco Island ] 7-35 OthlLthia Idatility/non-prccisiof~ instrument Everglades 15-3:} Utility/visual 1,250 ~ Other than utiliev_/preclsian mmt. nt 16.000 Irnmokalce -~-27 Other than utility/non-predaion instrumcm 3,500 18 Other than utilitylnon-prccilion inm'umcm 3,500 36 Other than utility/visual 1,500 4-22 Utility/visual 1,230 2, Approach zone length~, The approach zone extends for the applicable horizontal distance as follows: Words :_".::k '..~.r:::~.t. arc deleted, words underlined arc added. Page 16 ! 2/! 5/97 APPROACH ZONE LENGTH (FEET) Airports Runway Type M/kltk-Len_uth Naples !~ 9! 14-32 Other than utility/non-precision instmm~t 10,000 4,J Other than utility/precision tnm~enem 10,000 332,1 Other titan utility/n.on-precision insmlmont :50,000 Muco hland 17-35 Othff~e Llgtilitylnomprecbion inmt .e,.nOO.. 10.000 Everglades 15-33 Utility/vlmid 5,000 Immokalce 0-27 Other than utilitylnon-prccision instrument I 0,000 9 Other th~n utilltv/nfecision ins'fftn~mt 18 Other than utility/non-precision inm'ument 10,000 36 Other than utilitylvisud :5,000 4-22 Ulilitylvisual 5,000 3. Approach zone height, Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: APPROACH ZONE HEIGHT Airports Runway Type -W-idlh-llei_eht Naples ! 3 ~ ! 14-32 Other than utilitylnon-prccision instrument 34: I 45 Other than utility/non-precision instrument 34: I 3323 Other than utility/p'ecision instrument :50: 1/40: I Marco Island 17-35 Other than Uutility/non-prccision instrurncnt 20:1 Everglades I :5-33 Utility/visual 20: I Immokalce 9-3.7 Other than utility/Refhprccision inm'tmqent 34+1. JO: I/40: I 27 Other than utili_tv/non-m'ecision ins'tnn~enl 34: I 18 Other than utility/non-precision inm'ument 34: I 36 Other than utility/visual 20: I 4-22 Utility/visual 20: I ]. Precision instrument runway(s). One foot vertically For every 50 Fcct horizontally for the first 10,000 feet increasing to one Foot vertically For every 40 feet horizontally for additional 40,000 feet. 2. Non-precision instrument runway& One foot vertically for ever 34 fcct horizontally. 3. risual r~nways. One Foot vertically For every 20 feet horizontally. 2.2.23.7. Exemptions. __ 1. Development of the Marco Shores Golf Course Community that comports with the location and height requirements of Ordinance 81- 6 as amended y Ordinance 85 - 56 and Ordinance 94 - 41. is exempted from the provisions of Section 2.2.23.2. By virtue of the following: Words :..'r::k '.-%':::i~ ar~ deleted, words underlined ar~ added. Page 17 12/15/97 I An agreement between Johnson Ba_v Development Corporation. Collier County Ai.rport Authori_ty. and the Board of Coun~ Commissioners dated August 8. 1995. iL Prior issuance of a Federal Aviation Administration Determination Of No Ha~'ard To Air Navigation SUBSECTION 3.C: AMENDMENTS TO LANDSCAPING AND BUFI~R/NG DIVISION Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as mended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any p~liminary subdivision plat, final site development plan, or building permit, an applicant whose development is c~,vered by the requirements of this section shall submit a landscape plan to the development services director. The landscape plan shall beprepeed-~a~ bear the seal of a Landscape Architect registered in the State of Florida-,, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan. This plan is not required to N.~'~p~aFe~a~-ead bear the seal of a landscape architect. SUBSECTION 3.D: AMENDMENTS TO SIGNS DIVISION Division 2.5., Signs, of Ordinance 91-102, as amended, the Colli6r County Land Development Code, is hereby amended to read as follows DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.2. Signs within non-residential districts: 2.5.5.2. !. Development standards. 1. Maximum allowable height. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for within this section. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. 2. Minimum setback. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 2.1. ! 3. Words :.,'r',':k :b::::g,k. are deleted, words ~ are added. Page 18 12/15/97 2.5.5.2.4-2. Real estate signs: The following signs classified as real estate signs shall be permitted in non residential districts subject to the following: !. One ground or wall "For Sale," "For Rent," or similar sign with a maximum area of e::~ four square feet in size per street frontage for each parcel, or lot less than on¢ acre in size. (No building permit required.) 2. One Found or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. ('No building permit required.) 3. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess often acres in size. 4. Real estate signs shall not be located closer than 15 feet from any property line, In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign I 5 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.2.53. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site u/~der construction and no closer than 15 feet from any property line, and subject to the following: I. One ground or wall sign, with a maximum of 12 square feel, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each panel less than one acre in size. (No building permit required.) 2. One ground or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acre in size. (No building permit required.) 3. One ground or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each panel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institulion, or other similar company involved with the development, regardless of parcel size. (NPR) 5. All construction signs must be removed prior to the issuance of certi ticate o f occupancy. Words :..*r'.:':k :.k. re'.:'~,h are deleted, words underlined are added. Page 19 12/15/97 2.5.5.2.-3~. On-premise signs. On-premise pole sips, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non:residentially zoned districts subject to the restrictions below: 2.5.5.2.:,.~. 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or two ground sips. In addition, multiple occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area. and ei_eht or more independent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. I. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of ! 20 square feet for two ground signs, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in section 2. I. 13., and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimu~ of a 15-foot setback from all project boundaries and public right-of-ways and easements, and their location presents no visual obstructions, or traffic hazards to motorisls or pedestrians, unless otherwise noted below or as provided for in section 2. I. 13. 3. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. The planning services directors decision to reduce the required ! 5-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of- way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location ofexisting landscape features and/or specimen trees, it would be prudent Io allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 4. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.:~/.!., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest Words :..'r.::k :~.:r.::g.'.. are deleted, words underlined are added. Page 20 12/15/97 public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is non-_revolving and said light shines only on the owners premises or signs and away from any right-of-way. 2.5.5.2.~.2. Pole or ground signs within regional shopping centers. One pole or ground sign is permitted for each regional shopping center having a frontage of 150 feet or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements arc met. In no case shall the number of pole or ground signs exceed two per street frontage. Additionally, one directory sign with a maximum size of 250 square feet will be permitted for a single entrance on each public street. er en:eme.':.'., '.:n!e:: e'.her::!'..e =e:~ ~e!ew er -'-: p=v!~A~ fer !r. :ee:ion v, v ...... :r :~em.e::::, .... :~-~ :he: :here i~ !. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two gwund signs, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15-foot setback from all pwject boundaries and public rights-of-way and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. Where the planning services director appwves such a reduction, the height of the sign shall be reduced by an amount equal to the amount of variance being requested. The planning services directors decision to reduce the required 15-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of- way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback Words :~,::h '..'~e:g~ arc deleted, words ~ arc added. Page 21 12/15/97 will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) The extent ofthe reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 4. Maximum allowable height: 20 feet in height. except for directory signs as permitted in section 2.5.5.2.~.2., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maxtmum size limitation shall apply to each structure. Pole or ground signs may be placed back to back. side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the ownet's premises or signs and away from any fight-of-way. 2.5 . 5 .2.~.3.Wall, raansard. canopy or a.,ning signs. One wall, mans~d, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Comer units within multiple occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within shopping centers may by allowed one additional wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. Retail businesses with a floor area of larger than 15.000 square feet and a front wall length of more than 200 linear feet. are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. 1. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any sign. 2.5.5.2.:3-a~.4. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 1. Projecting signs shall not project more than four feet from the building wall to which it is attached. Words :~-z~ :~.::.::~h are deleted, words underlined are added. Page 22 12/15197 2. Projecting signs shall not extend above the roofline oflhe building to which it is attached. 3. Projecting signs shall not project into the public right-of-way. 4. Projecting signs which projecl over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2.:34.5. Under-canopy signs. ln addition to any other sign allowcd by this code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 2.5.5.2.:34.6. .decent lighting. In addition to any other sign allowed by this code, accent lighting may be allowed subject to the following requirements: i. No more than two tubes or strands ofcontinuous accent lighting will be allowed per wall of a structure. 2. Accent lighting cannot exceed one and one-half inch in diameter per tube or strand, and shall not be used to outline doors and windows, or attached ;~ columns and vertical comers of structures. 3. Accent lighting must have the approval ofthe community development services administrator or his designee except as prohibited in section 2.5.7 of this code. Installation of accent lighting shall require a building , permit. 4. Accent lighting must comply with the Collier County current electrical code and must be installed by a licensed electrical sign contractor to an approved electrical source. 2.5.5.2.:34.7. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containhlg in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 2.5.5.2.:3d.8. Flags. Residential properties that have been issued a certificate ofoccupancy may display up to three non-commercial flags. Three non-commercial flags may be displayed at the entrance of a commercial, office, industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only offa roadway that is designated a collector or arterial in the traffic clement of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags arc not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the planning services director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the planning services director Words :_':-.::~ ~::;..t. are deleted, words underlined arc addcd. Page 23 12/15/97 determines that the display of the extra flags is essential to the lheme and design or the development. i. All flagpoles with a height in excess of 15 feet above finish grade or that cxtend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, thc flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and scaled drawing showing construction details and maximum flag area that is supportable. Cc~i~cd designing and sealing shall not be required whcre flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pcdcstdan/vchicular accessways and roadways open to the general public or the residents of that community. 2. On single-family or duplex lots flagpoles shall not exceed ~ 30 fcct in height above ~n~sE finished grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the f+nish finished grade or extend more than 20 fcet from any building to which they arc attached. In the estates, agricultural or conservation districts flagpoles shall not exceed ~ :35 feet in height above fi.~i,sh finished grade. k..:,.4: .......k:^~. ,k ...........~._.4 In all other zoning districts, flagpoles shall not exceed gO SO feet in height from the fin/shed grade, nor extend more than 20 fcct from any building Io which they are attached. nor shall the width of the fia~ exceed 30% or the Icn_ath of the . pole to which it is affixed. 2.5.5.2.~J.9. Temporary ~igns. The erection ofany temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this code. 2.5.S.2.:~4.9. I. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: 1. Prior to the erection, installing, placing, or displaying era political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting the sign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. 2. Political campaign signs or posters within residentially zoned or used pwperty shall not exceed four square feet in size, and shall not be located closer than five feet to any pwperty line. Political signs placed within residential districts shall require written permission from the property owner. 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign, and shall be located no closer than 15 feet to any property line. The number ofsuch signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue. Words :..':-~ :~z~=~ are deleted, wordsunderlined are added. Page 24 12/15/97 4. All supports shall be securely built, constructed and erected to conform with the requirements of this code. 5. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. 6. Political signs shah bc erected not more than 60 calendar days prior to an election or political event, and shah be rernoved within seven calendar days after the election, event, or after the campaign issue has been decided. 2.5.5.2.~.4.9.2. Gra,d opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.-3J~.9.3. Special events signs. A special events sign not exceeding 32 square fcct in size may bc displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall bc located no closer than ! 5 fcct to any property line. Such signs shall require a building permit. 2.5.5.2.3-t. 10. Specialpurpose s~gas (on-site). Duc to the unique and varied nature ofthe following uses, additional signs may bc required to provide the desired level of service to the public. Special purpose signs shall bc pcrmitted as follows: 2.5.5.2.3t. 10.I. Theater signs (on-site). In addition to the signs otherwise permitted by this code, a theater shall bc permitted a changeable message sign, the surface of which shall not exceed 100 square feet in area. Such sign shall require a building permit. 2.5.5.2.~. 10.2. ,4,aomobile service stations. In addition to the signs otherwise permitted by this code, automobile service stations shall be permitted one changeable message sign not to exceed ten square feet in area for the purpose ofdisplaying gasoline prices only. Such sign shall bc affixed to the structure era pole on the property. Such sign shall require a building permit. 2.5.5.2.:~. i 0.3. Time and temperature signs. One time and temperature sign having a surface area not exceeding ! 8 square fcct shall bc permitted at each industrial, commercial or other non-rcsidcntially zoned property. Such signs may bc affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2.2,z1. I O. 4. Commercial, business park and industrial directtonal or identification signs. Directtonal or identification signs no greater than six square feet in size, and located internal to the subdivision or development, may be allowed subject to the approval of the community development and environmental services administrator, or his dcsignee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development, directtonal or identification signs maintaining a common architectural theme maybe combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. Words om.~ are deleted, words uncledined are added. Page 25 12115197 2.5.5.2.:34. i I. On-premise signs within agricultural districts. On-premises signs shall bc permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 2.5.5.2.:34.1 I. I. One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square fcct, and shall bc located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 2.5.5.2.:34.11.2. Seasonal farm signs (on-site). One temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding 40 square feet in area. This sign shall bc used to identify tcmporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.~. 1 i.3. U-Pic signs. One U-Pic sign located at the entranceer date ofcach strect frontage. The maximum allowable sign area for each U-Pic sign shall not cxcced 32 square fcct, and shall be !ocatcd a minimum of 15 fcct from any property line, public or private right-of-way or casement. 2.5.5.2.:34.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commcrciai uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: I. One wall or mansard, canopy or awning sign shall bc permitted for each principal use structure on the parcel, Comer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose ofplaeing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 2.5.5.2.:34.12. Off-premises directtonal signs. Off-premises directtonal signs are permitted subject to review and approval ofthe design and location ofsueh signs by the community development and environmental services administrator, or his designee, if the following retirements are met: I. Off-premises directtonal signs shall only be permitted in non- residenttally zoned, or agricultural districts. 2. No more than two off-premise directtonal signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided: 1. Each sign is not more than 12 square feet in area with a singl~- faced display area only. Double-faced signs shall not be p~tmitted. 2. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. 3. The sign is located no closer than 15 feet to any property line. Words :=':.::~ '..~..':::g~ are deleted, words underlined ire added. Page 26 12/i 5/97 4. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. 5, The sign shall only be located within ! ,000 feet of the intersection of the arterial roadway serving the building, structure, or use. 3. Off-premises directtonal signs shall not be located closer than 50 feet from a rcsidcntially zoned district. 4. Off-premises directtonal signs shall not be ]ocate. d closer than ] O0 fcct from another off-premises directtonal sign. 2.5.5.2.:3,/. 13. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code., and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Sec. 2.5.10. Continuation of nonconforming signs. 2.5.10.3. A non-conforming permanent on-praiscs or off-premises sign shall not be replaced by another non-conforming sign cxccpt that substitution or interchange .~_at. ^.a _.:.,..I k^^..I. ^. J:.~^...e^kt. ~^e^.~^! On non- of letters, pc:t:r r ......, ....~ con fo, rming signs shall bc permitted through the period of non-conformity established by this code. SUBSECTION 3.E: AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2., Subdivisions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2 SUBDIVISIONS* Sec. 3.2.8 Improvement plans. 3.2.8.4.16. Streets. 2(3. Pavement sampies: The developer shall provide core samples of both the base course and surface course of the completed public and private roadways prior to prelimina_ry approval, The core samples shall be taken at a maximum of 300 feet intervals and arrangements shall be made to immediately replace the areas so removed with materials and construction to conform to the specifications and to the line and _erade of the immediate surroundings' pavement surface. The core samples shall be taken by an approved testing laboratory_ and/or professional engineer and certified as to location taken and thickness measured. A tolerance of ¼ inch for pavement surface and ~ inch for base course may be accepted. Any deviations more than these tolerances will result in withholding preliminary_ acceptance until such time that the pavement ii brought up to County standards. Words :.,:..::.b ,..~..:::g.%: are deleted, words underlined are added. Page 27 12/15/97 3.2.8.4.22. Water management. i I. Plans and specifications. i. The master drainage plan shall include the drainage plans and details for all lots. A ,,_:.^t ,^, .a_: .... .s_,,:~ .... k ..... .a r-- ~ The master drainage plan shall show proposed finished grade elevations at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. SUBSECTION 3,F: AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3,4 EXPLOSIVES* Sec, 3,4,7. Permit application review procedures, 3.4.7.1.3. n.:^. ,^ .4a, ....:^_ ^r .__a^.: .... ~. .....~ r ........ k~^., Pre-B!ast inspections Prior to detonation of explosives a list of all pre-blast inspections performed shall be provided to Engineering Plan Review apd Inspection Services. Pre-blast in .spections are rua_uired for structures if one of the following conditions has been satisfied: If the structure is within a distance of I SO feet times the square root of the charge away from the blast. iljustrated by the following formula: D = 150 x W 'A (Where '"D" equals the distance in feet and "W" equals the weight of the charge in pounds of explosives per delay.) h~ If the structure is within 300 feet of the blast permittecl 2. Pre-hlast ins'pections shall be conducted by an independent seisrnolo~st. vibration engineer. structural encrineer. or their re?resentative. The pre-blast survey_ ins'nection shall consist of complete documentation of all visible interior and exterior defects observed at the structure. The ins'peetion doc!lrnentation shall be prepared on 8 ¼ x ! 1 or 8 ~ x 14 sheet(s~ ofpaper. The date of the inspection must be indicated on the documentation. Word~ :_*:_-:~ ~.::-~.~ are deleted, words underlined are added. Page 28 12115/97 lntcrior and/or exterior 35 mm pholo_m'aphs of the appurlcnances containing defecls must b~ idemifiablc a~ Io the location and date laken. A list of all pro-blast surveys shall be received by Engineering Plan Rcview and Inspection Services no later than five 1'51 da_v~ prior Io !he planned commencement of blasfin~ A location map, indicating the streets and structures involved shall be ~ubmitrted together with this list. 3.4.7.1.4. tc .k ........ k~^.... ~ ...... k,^.. :_~.: ........ -,.~ Pre~blast noti fication: L The applicant shall notify_ residents who have not received a pre- blast inspection of the pending blast at least five fS) days prior Ihe commencement of the initial blast. 2. Notification shall be distributed to all properties containing ~IF.;.t:,tures within a radius calculated for a scaled distance of _feet; 3. The written notification shall describe the blasting which will take place. its cffect on the residents. their ability. to obtain a pre- blast suryCy and how to contact the user or his or her , representative with any blast related complaints or claims. Property owners shall be given a five (5) day window to respond to the availabili.ty and their desire to obtain a pre-blast survey. 4. ]f blasting is suspended in an area for a period of ninety (90) days or longer. re-notification of all residents within the radius calculated for a scaled distance of i 50 feet shall be accomplished at least seven (7) days prior to the re-commencement ofblastin~ Sec. 3.4.10. Issuance. 3.4. I 0. 1.2. Comprehensive general liability (including, but not limited to explosive hazard, collapse hazard, underground properly damage, contractual liability) bodily injury, personal injury: ~50'2,~nt~.C20 I;1,000.000.00 each occurrence and aggregate; property damage: $ ! ,000.000.00 each occurrence and aggregate. Sec. 3.4.13. Restrictions for the use and handling of explosives. 3.4.13.5. ~ ...., .......t. _~...:., ....t~:., Blastin~ hermit and limi~. 3.4.13.5.1. c ..... .... ..~ ~.,, ....:. o,... ~. ...., ....t~.~ c ............~.~ n__ Mcas~'rcd A: Wor~ :~a:k L~=~g~ a~ dele~ wo~ und~l~ ~ added. Page 29 .mmmal of em'edoe~iv~ wivhln ~ ~ limi~ of ~ ~ ~ ~ ~ a b~in~ ~it u ~n~ ~m~d~ b~ Ibis ~ion: ~d~ Ihat in ~ ~l it shall ~ unlawful for any p~n ~o bill 5re. d~onale or use any amount of explosives which would result jn a r~ult~l peak pa~icle velocity in excess of 0.~ inches per second wh~ measured on the ~ound at lhe nearest buildin~ or sl~cture not o~ed by Ihe permitlee. or at · location id~ti~ by th~ scismolo~ist of r~ord and the Plannin~ S~ices Director. or desi~ee. SECTION 3.C: AMENDMENTS TO DEFINITIONS SECTION Division 6.3. Definitions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS ,4,liqU~ ,VlOffs: Establishments engaged in the retail sales ofartifacts. collectibles or objects having special value because of their age. especially a work of art or handicraft item that is more {han 100 years old. or keepsakes cherished for their age or association with a person. place. event or time. Pawn shops: Establishments which are willing to provide loans to customers in exchange for mer~halldise which is typically held as a pledge against the payment of the loan and which are end_aged in the retail sales of second-hand or used merchandise. Sign, directory: An on-preraises sign of permanent character indicating the name of."::~ five or more Fe,~r:: er ~businesses associated with, or events conducted upon, or products or services offered upon the premises upon which such sign is maintained. This sign may be a free-standing (pole. monument or _tn'ound), awning, or wall sign as otherw/se permitted by this code. Such signs may have changeable copy. (S~ division 2.5.) Sign, roofi Any sign erected, constructed, or maintained either on the roof, -~' .... ~::':!d'-'ng or more than 18 inches above the roof of any building. (S~ division 2.5) Sign. wall m,.fascia .gz~zza/2a: A sign affixed in a manner to any exterior wall of a building or structure which is parallel to and projects not more than 18 inches from the building or structure wall, and which does not extend ebeve4he more than 18 inches above the roof line of Words :.--:~, ~:==~,~ are deleted, words ~ arc added. Page 30 12/15/97 the main building or from the point where Ihe roof line intersects the parapet wall ~: :'ccfof h%e-b~Yding on which i4 the sign is located, whichever is more restrictive. ( See division 2.5) Used merchandise stores: Establishments engaged in the retail sales of second-hand mcrchandisc typically consisting of household items including clothin~ home furnishings. books and musical instruments. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable l 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 Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 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/t/z~, day of, ~!997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,-. BY: ATTEST: · ' ' filing eceived thir~'~a~' day APPROVED AS TO FORAM AND LEGAL SUFFICIENCY MAR(~ORIE M. STUDENT ASSISTANT COUNTY ATTORNEY Words :rx, h ,,t,.==g~ are deleted, words underlined are addM. Page 3 I 12/15/97 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-83 Which was adopted by the Board of County Commissioners on the 17th day of December, 1997, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of December, 1997. · .,.~:, '~$/~,..., ~. ~ .. 0. ~: ~_~.'~',":," ~,, Clerk of Courts a~d}~le~k ~' i4:~ ~ ' ' ,'S'" :'~-~-' '. ~ I ' '~ ~' ~' ~-' . ~.~. u'.~ ....,..~.~ .' ,- .' De~ut~ Clerk . · ~f .~{ :.