Ordinance 96-35 ORDINANCE NO. 96.- 35
AN ORDINANCE AMENDING ORDINANCE NO. 91-10l,
THE COLLIiR COUNTY LAND DEVELOPMENT CODE,
AS SPECIFICALLY AMENDED BY ORDINANCE 96-21,
'AND MORE SPECIFICALLY TO CORRECT
scRB'ENER's Errors BY ProVIDING FOR: SECTION
~" ONE. cORRECTING SCRIVENER'S ERRORS IN
DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, ~ ~-
CONDITIONAL USES, DIMENSIONAL STANDARDS; o r-
SECTION TWO, CORRECTING SCRIVENER'S ERRORS ~ ' 'rl
IN DIVISION 2.3, OFF-STREET PARKING AND ~ r-,~ r'-
LOADING; SECTION TIIREE, CORRECTING: r.~ r'~
SCRIVENER'S ERRORS IN DIVISION 2.~, SIGNS;~
SECTION FOUR, CORRECTING SCRIVENER'S ERRORS~
IN DMSION 2.6, SUPPLEMENTAL DISTRICTr'~
REGULATIONS; SECTION FIVE, CORRECTING
SCRIVENER'S ERRORS IN DMSION 6.3, DEFINITIONS;
SECTION SIX, CONFLICT AND SEVERABILITY;
SECTION SEVEN, INCLUSION IN TIlE COLLIER
COUNTY IAND DEVELOPMENT CODE; AND SECTION
EIGHT, EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No.
91-102, the Collier county Land Development Code on October 13, 1991; and
WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No.
96-21, which amended Ordinance 91-102, the Collier County Land Development Code on May 8,
1996; and
WHEREAS, following said action of adopting Ordinance No. 96-21, the Planning Staff
was advised that several scrivener's errors were contained in .Said Ordinance and that the
correction of said errors requires the adoption ofa scrivener's error ordinance.
NOW. THEREFORE. BE IT ORDAINED. by the Board of County Commissioners of
Collier County. Florida. that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENTS TO DIVISION 2.2,
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS.
Subsection 2.2.7.2.2., "Uses Accessory to Permitted Uses" of Division 2.2, "Zoning
Districts, Permitted Uses, Conditional Uses, Dimensional Standards" of Ordinance No. 91-102. as
amended, the Collier County Land Development Code, is hereby amended to correct scrivener's
errors and to read as follows:
2.2.7.2.2. Uses accessory to permitted uses.
2. Private ~ docks, subject to section 2.6.21., and
section 2.6.22.
SECTION TWO: SCRIVENER'S ERROR AMENDMENTS TO DIVISION 2.3,
OFF STREET PARKING AND LOADING.
i
Words SIFUC~ *~hFough are deleted; words U_n~der_!i.n_e_d_ are added.
Subsection 2.3.4. i I., "Localtonal Requirements" ol~ Section 2.3.4., "Oef-Strcct Vehicular
Facilities: Design Standards;" Subsection 2,3.5,3., "Requirements for Shared Parking" of Section
2.3.:5., "Off-Street Parking: Shared Parking"; Section 2.3.21., "Off-Street Loading
Requirements"; and Section 2.3.23., "Standards for Parking Within the lmmokalee Central
Business District"; all of Division 2.3, "Off-Street Parking and Loading" of Ordinance 9 !-I 02, as
mended, the Collier County Land Development Code are hereby amended to correct scrivener's
errors and to read as follows:
Sec. 2.3.4.11.5. Where the following special circumstances exist, the community
development services administrator or the board of zoning appeals, whichever is applicable, may
reduce the requirements of section 2.3.4.11.2.b and/or section 2.3.4.11.2.d. These special
circumstances shall include, but shall not be limited to:
a. Where the proposed off-site parking will serve water-dependent and/or
water-related uses;
b. Where the proposed off-site parking will serve temporary parking for
spbrts events, religious events, or community events as described in section
2.3.16;
c. Where the proposed off-site parking will serve uses within the Immokalee
central business district as described in section ~ 2.3,23.4.
Sec, 2,3,5 Off-Street Parking: Shared Parking,
2.3.5.3 Requirements for shared parking. Proposed shared parking facilities shall meet all
of the following provisions:
2.3.5.3.2. No shared parking space shall be located further than 300 feet from the
buildings or uses they serve unless special circumstances exist including,, but not limited to:
I. Where the proposed off-site parking will serve temporary parking
for sports events, religious events, or community events as
described in section 2.3.16;
See. 2.3.21 Off-Street Loading Requirements.
Off-Street loading spaces shall be provided and maintained as follows:
2.3.21.4. For facilities in Section 2.3.21. not of'sufficient size to meet the minimum
requirements set forth Iherein, each such facility shall provide off-street loading on the property,
in accordance with Section 2.3.21., to insure that no deliveries or shipments of'goods or products
will require the use, however temporary, of any public right-of-way or required off-street parking
space for the parking of a delivery vehicle.
See. 2.3.23 Standards for Parking Within the lmmokalee Central Business
District.
Off-street loading spaces shall be provided and maintained as follows:
2.3.23.1. !. Existing uses. Uses in existence as of the effective date of this code are
exempt form the minimum parking requirements as set forth in Section 2.3. ! 6 except that existing
uses shall not reduce the number of'spaces below that which is provided as or the effective date or
this code.
2.3.23. ! .2. Expansion. The expansion orany use shall require parking at 50 percent or
the minimum requirement as set forth in Section 2.9. !~, 2.3.16., f'or the expansion only.
2
Words ~:',:ck :hrc, ugh are deleted; words underlined are added.
SECTION THREE: SCRIVENER'S ERROR AMENDMENTS TO DMSION 2.5,
SIGNS.
Subsection 2.5.5.1., "Signs Within Residential Zoned Districts and As Applicable To
Residential Designated Portions of PUD Zoned Properties" and Subsection 2.5.5.2., "Signs
Within Non-residential Districts," of Section 2.5.5., "Permitted Signs; and Section 2.5.9., "Non-
conforming Signs" are hereby amended to correct scrivener's errors and to read as follows:
See. 2.5.5 Permitted Sips,
2.5.5.1. Sip within Residential Zoned Districts and As Applicable to Residential
Designated Portions of PUD Zoned Properties.
2.5.5.1.2. Real Estate Signs. The following signs classified as real estate signs shall
be permitted in residential districts subject to the following:
i. One ground or wall "For Sale," "For Rent," or similar sign, with a
maximum of 4 square feet in size, per street frontage for each
parcel, or lot less than one acre in size. Said sign shall be located
no closer than ten feat (10') from any adjacent residentially used
property and may be plac.,cd up to the property line abutting a right
of way, provided it is a minimum of ten feet from the edge of
pavement. ('No building permit required.)
2. One ground or wall "For Sale," "For Rent," or similar sign, with a
maximum of 12 square feet in size, per stre~ frontage for each
parcel, or lot one to ten acrel in size. (No building permit
required.)
3. One ground or wall "For Sale," or "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 Said signs shall not be located closer than ! 5 feet from
any property line. In the case of undeveloped parcels where the
existing vegetation may not allow the location of the sign 15 feet
from the property line, the Planning Services Direr'tot may allow a
reduction in the amount ofthe 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.
2.5.5.1.7. Conditional Uses within residential districti.
i. Conditional uses within the residential district are permitted one
wall sign with a maximum of 32 square feet. Comer lots are
permitted 2 such wall signs.
2. Conditional uses within the residential district with a street frontage
of 150 feet or more and a land area of 43, 560 square feet or larger
are permitted a ground sign with a maximum area of 32 square feet.
3. Bulletin boards and identification signs for public, charitable.,
educational or relirious institutions located on the premises of said
institutions and not exceeding 12 square feet in size. ('No building
permit r~uired.)
3
Words :::',:c~ :~rc,~:g~ are deleted; words underli.necl are added
2.5.5.2. I. Real Estate Signs: The following signs classified as real estate signs shall
be permitted in non-residential districts subject to the following:
1. One ground or wall "For Sale," "For Rent," or similar sip with ·
maximum area of 12 square feet in size per street frontage for each parcel, or lot less than one
acre in size. (No building permit required.)
2. One ground 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 acre 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 8aid signs shall not be located closer than 15 feet from any
property line. !n the case of undeveloped parcels where the existing vegetation may not allow the
location of the sign 15 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.
4}.. Real estate signs shall be removed when an applicable temporary use
permit has expired, or w~thin seven days of any of Ihe following conditions: ownership has
changed; or, the property is no longer for ~:e, rent or lease.
-~. A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days a~er it is erected.
2.5.5.2.3. On-Premise Signs. On-premise pole signs, ground signs, projecting signs,
wall signs and mansard signs shall be allowed in all non:residentially zoned districts subject to the
restrictions below:
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4
Words StFUC~ thFeugh are deleted; words undcrlj__nccl are added.
Sec. 2.5.9. Nonconforming Signs
Existing signs not expressly prohibited by this code and not conforming to its provisions
shall be regarded as no, nconforming signs
2.5.9.1. The rollowing signs, and sign structures shall be removed or made to
conform to Ihis codc wi|hin 90 days From Ihe effective date Ihercof.
2.5.9. I.I. Signs made ofpaper, cloth, or other nondurable materials.
2.5.9.1.2. All temporary signs
2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and
2.5.618.
2.5.9.2. Nonconforming off-premises signs. All nonconforming off-premises signs,
and sign structures having an original cost or value ors100.00 or more may be maintained for the
longer of the following periods:
2.5.9.2.1. Two years from the date upon which the sip became nonconforming
under this Ordinance, N~.
2.5.9.2.2. A period of'three to seven years from the effective date ofthis Ordinance
Ne-:reffee6v~, according to the amortization table below.
Permitted years from
Sign Cost/Value Effective Date oflhis Amendment (DA-I:E~)
$100.00 to Sl,000.00 3
Si,001.00 to $3,000.00 4
S3,001.00 to S10,000.00 5
More than $ l 0,000.00 7
SECTION FOUR: SCRIVENER'S ERROR AMENDMENTS TO DMSION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS
Subsection 2.6.7.3., "Parking of Commercial Vehicles or Commercial Equipment in
Residential Areas," of Section 2.6.7., "Parking and Storage of Certain Vehicles," of Division 2.6,
"Supplemental District Regulations" of Ordinance 91-102, as amended, the Collier County Land
Development Code is hereby amended to correct scrivener's errors and to read as follows:
Section 2.6.7.3 Parking ofcommercial vehicles or commercial equipment in
residential areas.
5
Words slP~c~ thFough are deleted; words underlined are added.
Section 2.6.7.3.1
It shall be unlawful to park a commercial vehicle or commercial equipment on any
lot in a residential zoning district unless one of the following conditions exists:
!. The vehicle is engaged in a construction service operation on the site where
it is parked. The vehicle must be removed as soon as the construction lff
[or] service activity has been completed.
2. The vehicle is parked in a garage, carport, or fully enclosed structure and
cannot be seen from the street servin8 the lot.
3. The vehicle is parked in the rear of the main structure and is enclosed
within a vegetative screening which conceals the vehicle from the view of
neighbors.
·
4. .A.~y Anutomobilel, passenger type vans, and e~ pickup trucks, preyideal
-re- ...................... r ................ ~ a rated load
capacity of one ton or les~ shall be exempted from this section unless
otherwise prohibited by a special parking overlay district.
SECTION FIVE: SCRIVENER'S ERROR A~IENDZVIENTS TO DMSION 6.3,
DEFINITIONS
The definitions of "Commercial Equipment" and "Commercial Vehicle" of Division 6.3,
"Definitions," of Ordinance 91-I02, as amended, the Collier County Land Development Code is
hereby amended to correct scdvener's errors and to read as follows:
Commercial Equipment: Any equipment commonly used in a commercial business,
(i.e..) .:.'::!-'-'di.~ 5',:: ,'::t !!m!t~ to: contractors' equipment, earth-moving machinery, utility
trailers, and devices used rot the transportation of equipment, materials or merchandise,
............... :: u mcr.: i: :::::h~ tc .... ~.:^w. it. .......... ee section 2 6 7
Commercial Vehicle: Any vehicle used in conjunction with a commercial or business
activity, including, but not limited to the following: step vans, cubed vans, box vans and flatbed
type trucks,, _:.t-. ...... ~-' cr :r.y p---::cr.~,c; ..J-:^~-- ::r--'~urally _^.~:c...~ .p_:c..,.. r^
....... :.e .._e:^..:^_ (See section 2.6.7.) ................... · ""
............. ~.~. ........
SECTION SIX: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
6
Words st-n,.~"- '~- .....h are deleted; words Underlined are added.
SECrION SEVEN: INCLUSION IN THE LAND DEVELOPMENT CODE
The provisions or this Ordimmce shall become and be made p~t or the Collier County
Land Development Code. 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 EIGHT: 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 o&r" day of _.. ~ . , !~96.
A.T~ST:'." . ""'.. BOARD OF COUNTY COIVtMISSIONERS
· 'DWIGHT 'E: BI~..OC~·CLERK COLLIER COUNTY, FLORIDA
..: ,: ;c -.
This ordlnonce
Secretory of S~o~.-.'s Office ~h~,
ar~ ackn~wtedgement of
filing received this .~'~Ez- c~qy
Approved as to Form and of ..~3gZ=~.~,
Legal Sufficiency: By
MarjOri4 M. Student
Assistant County Attorney
7
Words s:r--'c~ :hrc, ugh are deleted; words underlined are added.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO, 96-35
Which was adopted by the Board of County Commissioners on the 25th day
of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of June, .1996.
DWIGHT E. BROCK ,,,.
Clerk of Courts and el'erk.
Ex-officio to Board'of
County Commissioners,' ..