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Ordinance 92-073 ORDINANCE NO. 92- 73 m ~ RDINANCE AMENDING ORDINANCE NO. 91-102, ~HE ~-=~-'I~OLLIER COUNTY LAND DEVELOPMENT CODE ADOPT~G VARIOUS SUBSTANTIVE CHANGES AND OMISSIONS A~D ~.. ~'' CORRECTING TYPOGRAPHICAL ERRORS IN ARTICLES ONe, TWO, THREE, FOUR, FIVE AND SIX OF SAID ORDINANCE ~D MORE PARTICULARLY PROVIDING FOR SECTION ONE FINDINGS; PROVIDING FOR SECTION TWO AMENDMENTS TO ARTICLE ONE GENERAL PROVISIONS RELATING TO DIVISION 1.5 APPLICABILITY, DIVISION 1.7 VESTED RIGHTS, DIVISION 1.8 NONCONFORMITIES, DIVISION 1.9 ENFORCEMENT, DIVISION 1.10 FEES, AND DIVISION 1.22 REPEALER; AMENDMENTS TO ARTICLE TWO ZONING RELATING TO DIVISION 2.1 GENERAL, DIVISION 2.2 ZONING DISTRICTS, PERMITTED .USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3 OFF-STREET PARKING AND LOADING, DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5 SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, AND DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; AMENDMENTS TO ARTICLE THREE DEVELOPMENT REQUIREMENTS RELATING TO DIVISION 3.2 SUBDIVISIONS, DIVISION 3.3 SITE DEVELOPMENT PLANS, DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION, DIVISION 3.11 END~dgGERED, THREATENED OR LISTED SPECIE~ ~ROTECTION, DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, AND DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; AMENDMENTS TO ARTICLE FOUR IMPACT FEES BY ADDING DIVISION 4.6 EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES AND BY ADDING DIVISION 4.7 EDUCATIONAL FACILITIES SYSTEM IMPACT FEES; AMENDMENTS TO ARTICLE FIVE DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING TO DIVISION 5.2 PLANNING COMMISSION, DIVISION 5.3 BOARD OF ZONING APPEALS, DIVISION 5.14 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, AND BY REMOVING FROM DIVISION 5.5 PROVISIONS RELATING TO CODE ENFORCEMENT BOARD AND BY REMOVING FROM DIVISION 5.6 PROVISIONS RELATING TO BUILDING CONTRACTORS' LICENSING BOARD; AND AMENDMENTS TO ARTICLE SIX, RELATING TO DIVISION 6.1 RULES OF CONSTRUCTION AND DIVISION 6.3 DEFINITIONS; PROVIDING FOR SECTION THREE, ADOPTION OF AMENDED ZONING ATLAS MAPS; PROVIDING FOR SECTION FOUR, CONFLICT AND SEVERABILITY AND PROVIDING FOR SECTION FIVE, EFFECTIVE DATE. Whereas, the Land Development Code may not be amended more than two times in each calendar year'pursuant to Section 1.19.1, LDC; and Whereas, this is the first amendment to the Land Development Code, Ordinance No. 91-102, in this calendar year; and Whereas, certain substantive changes to the LDC are necessary for its implementation and to maintain consistency with the Collier County Growth Management Plan; and Whereas, various typographical errors and omissions have been identified in the Land Development Code since the Code became effective in November 1991; and Whereas, the Collier County Planning Commission held a public workshop on May 7, 1992 to provide for and encourage public participation; and Whereas, the Collier County Planning Commission in a manner prescribed by law did hold a public hearing on May 21, 1992 concerning these amendments to the Land Development Code; and Whereas, the Board of County Commissioners did take action in the manner prescribed by law and did hold public hearings on July 22, 1992; August 5, 1992; August 19, 1992; September 2, 1992; September 16, 1992 and October' 14, 1992 concerning these amendments to the Land Development Code; and Whereas, all applicable substantive and procedural requirements of law have been met. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: FINDINGS The Board of County Commissioners of Collier County, Florida, hereby makes the following findings: -2- 1. Collier County, pursuant to Sec. 163.3161, et. s~q., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter 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. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted Comprehensive Plan. 3. Sec. 163.3201, Fla. Stat., 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. Stat., rgq~ires that all land development regulations enacted or amended by Collier County shall be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. -3- 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (Hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et. seq., Fla. Stat., and Rule 9J-5, F.A.C. 7. Section 163.3194(1) (a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element shall be consistent with such Comprehensive Plan or element as adopted. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulations shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3) (b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other -4- aspects of development are compatible with and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. 11. 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 effectiw~ly with future problems that may result from the use and development of land within the ~otal unincorporated area 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 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 to protect human, environmental, social, and economic -5- 05 resources; and maintain, through orderly growth and development, the character and stability of present and future land 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 Growth Management Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION TWO: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE The Collier County Land Development Code is hereby amended as shown on the side sheets which comprise Exhibit A, attached hereto and incorporated by reference herein. SECTION THREE: ADOPTION OF AMENDED ZONING ATLAS MAPS Zoning Atlas Maps numbers 462728, 462930, 6836n, 6836s, 6908s, 6928s, 6930s, 6932n, 6932s, 6933n, 6933s, 6934s, 472728, 7722 through 7727, 472930, 7902s, 7903n, 7905n, 7909n, 7909s, 791011, 8510n, 8510s, 8515s, 8527n, 872930, 873132, 9511n, 9511s, 9512s, 9514s, 9522s, 9631s, 482728, 482930, 492728, 492930, 1612s, 3911n, 3911s, 3923n, MB7F, 512728 and 52532730 attached hereto in Exhibit A and incorporated by reference herein, are amended and made a part of the Collier County Land Development Code. SECTION FOUR: CONFLICT AND SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent -6- provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ,/'~/~ day of ~~ 1992. /~/~///~ BOARD OF COUNTY COMI,ISSIONERS DATE: .',ATTEST: BY :' 'i"'. JAMES C. GIL. ES, CLERK MICHAEL J.t/VObPE, ICHAIRMAN "IJEGAL: SU~ICIENCY MART}IA N. HOWELL ASSISTANT COUNTY A2TORNEY Th~$ ordlne_w~e filed wlFr~ I~e Secretory of .~t~te's Office_tho and ocknn'~,'ed.~ement qf.that EXHIBIT .,.. LDC page X-7 $~¢, 1.§.5 REGULATING NOISE CONSTRUCTION ACTIVITY. ~ny construction ~ctivities and site prepara~o~ activities including but not limited to land clearing and ~radin~o excavation and vegetation removal, authorized or permitted pursuant to the provisions o~ this Code shall occur only duriDq the $o%~owinq hours: 6:30 A.M, to 7:00 P.M., Mo. Rday tbrouqb $~turdav. No construction activity or site preparation activity is permitted on Sundays or on the fo~owin~ holidays: New Year,s Day. Memorial Day, Fourth of July, Labor Day, Thanksqivin~ Day, ~D~ Christmas Qay. ADY person d~$irin~ to en~a~e in the aforeme~ti0ned activities beyond the stated hours of limitation. based upon cases of urgent necessity or upon the interests O~ public health, saferv and welf~r~ may aPplY in writin~ to the County Manager or his designee for an emergency construction permit, Such application shall state all facts and circumstances demonstr~tin~ the'need ~0r such permit, such permits, if qraDted, sba~l be limited to fifteen days, but may be reDewed (Qr additioDal periods i~ the emerqeDcy or need therefor ¢ontiDucs... ~.egu~.st$ for renewals of said permit shall be made in writing prior ~0 the expiration o( per. mi~s.previously issued pursuant to this Segti0n. ID the issuance of such permits, the C0unty. Manaqer or his designee shall weigh all facts an~ circumstances presented and..sbal~ determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health. s~fety and welfare will be protected or bgt~er serve~ by granting the permit requested and whether, should the permit not be ~ranted, the ~nDer and amount of 1Qss or inco~venieDc~ ~0 the applicant imposes a significant hardshim. Upon an affirmative finding of the fore~0iDg considerations, the County Manager or his desi~nee is authorized to issue the no~s~.Permit. Notice of said Dermi~ application shall be ~iven to all DroDertv..owners adjacent to the subject site, Delete stricken language; add underlined language. LDC pg. 1-7 Sec. 1.5.5 (cont'd) During such periods of emergency activities and durinq the normal construction or site preparation hours of 6:30 A.M. to 7:00 P.M.. the noise levels qenerated by construction or site preparation activities shall not exceed those per.~i~e~ under the Collier county No~se control.Ordinance or its successor in function. 1.5.5.1 Excep~ions: Construction activities or site preparation activities perfQrmed by the COUnty, state or federal qoverDments are exempt from this provision provided that Section Six:E of the Collier County Noise Control Ordinance. or its successor in function is complied with, Delete stricken language; add underlined language. LDC pg. 1-7 SEC. 1.5.6 PERMITTED USES AND STRUCTURES. No building or structure, or Dart thereof, shall be erected, altered, or used. or land or water used. in whole or in Dart. other than specifically permitted bv the provisions of each zoping district in th~s Code, unless otherwise provided, :i.'I. Delete stricken language, add un'derlined language. LDC pg. 1-7 $~C. 1.5,7 pROVISION OF WATER, S~4ER AND REUSe. IRRIGATION WATER WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT; APPLICABILITY TO ~PECIAL pURpOS~ INDEPENDENT GOVERNMENTS. The Collier County ..Water-sewer District is a dependent special district created bv .the Florida ~eqislature. Its.qover~iDq .body is e×-of~icio the Doard of County!commissioners. The COl~r CouDty Water-sewer District bas..bepn.ch~rg~d .by.the ~eqi~lature with the overall responsibility ~or the provision of water and sewer services within the boundaries of the Collier County Water-Sewer District, which ~re..more particularly described Chapter ~8-499, Laws o( ~lorida. This legislative charge ~s con~isten% wi~h the ~pals an~ policies of th9 s~ate ComprebeDs~ve and the Collier County Growth Management Plan in that a ye~ional utility system ~ike that by the Co%lief County water-Sewer D~strict fl) fulfills the ~oal of assurin~ ~ ability of an adecuate SUDD1V of water amon~ comoetin~ uses by recuirin~ development to be compatible with existing local and regional water supplies, fulfills the goals of protecting th~ county's substantial investments in regional.public ~tility facilities by ma~imizinq.the use of such e~isting public facilities, {3) fulfills the...go~l o~ economic and efficie.nt provision of quality public services which eliminates needless duplication of public facilities and instead employs th~..use of regional facilities as OPPOSed to multiple or smaller scale and less efficient local, public or private utility facilities. The provision and treatment.of water, sewer and reuse irrigation water within the co%~%er County water-sewer District as a matter of local. ~and developmeDt policy add requIatioB shall be provided bY Collier County water-sewer District faci%~ties in conformance with..this Code and all other ~pp~icable County ordinances, regulations and policies relative to the provisio~ o~ ~UCb utility facilities and sevvices, Delete stricken language; add underlined language. LDC pg. 1-7 Sec. 1.5.7 (cont'd) The provisions of this Code and all othe~ applicable ordinances, regulations and policies of the County shall be construed as app~qable planning and permitting laws, rules, regulations, and policies which control development of l~Dd~ within the Collier ~Qunt¥ Water-Sewer District to be services bY a special-purpose qovernment such as ~ community development district. Delete stricken language; add'underlined language. LDC pg. 1-8 1.6.3.3 Renderinq of Interpretation. After the Request for Interpretation has been determined complete, the Development Services Director or Growth Planning Director, whichever is applicable, shall review and evaluate the request in light of the Growth Management Plan,. the Future Land use Map, the Code and/or the Official Zoning Atlas, whichever is applicable, and render an interpretation. The Development Services Director and the Growth Planning Director may consult with the County Attorney and any other County departments before rendering the interpretation. Prior to the release to the applicant OF ~ny iDterpretation, the interpretation sbal~ be reviewed by the CouDty ~ttorney For legal form and sufficiency. Interpretations made pursuant to this Section shall b~ rendered within forty-five (45) days of issuance of a Determipation o~ Completeness made pursuan$ to sec. 1.6.3.2. Delete stricken language; add underlined language. LDC pg. 1-14 SEC. 1.7.10 pUBLIC NOTICE. Due public notice for vested rights hearings held pursuant to Div, 1,7, shall be ~iven. For purposes of this Section due public notice shal~ mean at least fifteen (15) days notice o~ the time, place and subject matter of such hearing published one ~1) time in a newspaper of ~eneral circulation in the area. Notice of the submis~oD of an application for Vested Riahts De~erl~i~ation and, when applicable, of public hearings.held pursuant to this Division shall be prominently posted bv the applicant on the property for which the Vested Riahts Determ}nation is sought and shall be sent at the applicant's expense to prQpe~y owners within 300 feet of the property lines of ~he subject property withih fifteen (15) days of the date o~ yeceipt by, the County of a ~omp~ete~ ~pp)ication. Said notice shal~ briefly state the time and place of the hearinq, the nature of the matter to be discussed and that written comments may be filed with the County AttorneY. Delete stricken language; add underlined language. LDC pg. l-X4 Section 1.7.1l PUBLIC PARTICIPATION. Affected marties may submit written comments and pertinent factual information and d~ta to th~ county Attorney. Sa~d coDmeBts add pertinent factual information and data shall b~ reviewed by the County Attorney or his desianee and when applicable shall be submitted to the Hearina Officer aS aD attachment to the County 6ttorDey'$ 'aBd DeveXopmeDt $~rvices Director,s recommendation to the Hearin~ Officer. Such written comments and pertinent factual information and ~a~ shall be submitted within thirty (~01 days O~ the public notice specified in Section 1,7,~O a~OV~, Delete stricken language; add underlined language. LDC page 1-15 1.8.1.3 Vested Projects.' To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of this Code. In addition, nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any property for which a Development Plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of this Code, provided that such plan shall expire two _(2) years from the date of said approval, or one {1) year from the date of adoption of this Code, whichever shall first occur, if pr&or ~o 119 actual construction has been commencedl and thereafter~ all development shall be in accordance with the zoning regulations then in effect. Delete stricken language, add underlined language. LDC page 1-15 1.8.2 NON-CONFORMING LOTS OF RECORD In any district any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or relevant amendment to this code. A. The m&n~mum-w&d~h-and minimum yard requirements in any residential district (ExcePt RMF-6 and E-SStates) shall be as for the most similar district to which such lot of record most closely' conforms in area, width and permitted use, except that when possible the greater of any yard requirement in either district shall apply, and except when specifically provided for in the district regulations. B. The minimum side yard requirement in any commercial or industrial district shall be ~qYa~ ~0 ~b~ heiaht of the oroDosed principal stru.~%ure, or the minimum side yard reauirement ~n the district, whichever is lesser, Delete stricken language; add underlined language. LDC page 1-20 1.9 · 1 GENERAL. The provisions of this Code shall be enforced by (1) the Collier County Code Enforcement Board pursuant to the authority granted by Sec. 162.01 et. seq., Fl&. st~t., (2) by the Board of County Commissioners through its authority to enjoin and restrain any person violating the Code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by Sec. 125.69, Fla. Stat. The County Manager shall have the right to inspect those lands, waters, or structures affected by this Code and to issue citations for violations. 1.9.1.1 The term CouDt¥ M~Daaer as ~sed in this Code shall mean the County Manaaer or his designee. Delete stricken language; add underlined lang6age. LDC page 1-20 SEC. 1.9.3 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed in writing with the County Manager. The County Manager. or his desiqnee, shall record properly such complaint, ~mmed&a~e}y investigate, and take action thereon as provided by this Code. He shall maintain as a public record~ in his office~ the disposition made of the complaint. Delete stricken language, add underlined language. LDC page 1-20 BEC. 1.9.4 LIABILITY. Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect, enqineer, builder, contractor, oF aDy other agent, or other person, firm, or corporation, either individually or through its agents, employees, or independent contractor, violates the provisions of this Code, or who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance. Delete stricken language; add underlined language. LDC pages 1-20, 21 PROCEDURES UPON DISCOVERY OF VIOLATIONS: Upon the determination that any provision of this Code is being violated, the County Manager or his designee, before Drosecutin~ said violations before the Code Enforcement Board, shall send a written notice by registered or by certified mail return receipt requested or by hand delivery to the person(S.) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the County Manager's discretion. The written not~ce shall state the action the County Manager intends to take, if the violation is not corrected, and shall advise that the County Manager's order may be appealed to the County Manager rather than his designee. %he-¥&o}a~&on=--The-eoun~y-Manager-may-gr~n~-one ~en-~O~-ea½enda~-day-ax~ens~on-~7-~-~he-eo~n~y Before a violation o~ any of the provisions of this Code is prosecuted before the Code E~forcem~n$ Doard, w¥itteD Do~ice by Registered or Certified mail. return receipt requested, shall be s~rved by ~he county MaDaqer or his desiqnee 0ccord~Dq t° the requirements of Ordinance No. 92- · If the violation is of a nature that it can be corrected by an Official Zoning Atlas amendment or through the granting of a variance, the County Administrator is authorized'to suspend enforcement actions pending the outcome of such proceedings; provided that the person(s) responsible for the violation file t~he appropriate application forms" for Official Zoning Atlas amendment or variance hearing with the County Manager within ten (10) calendar days of the receipt of notice of violation. If the outcome of an Official Zoning Atlas amendment request or variance request does Delete stricken language, add underlined language. pg. 1-21 Sec. 1.9.5 (cont'd) not remedy the violation, the person(s) responsible for the violation shall have fifteen (15) calendar days to correct the violation, unless granted an extension by the County Manager as set forth above. In cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the County Manager may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law. Delete stricken language, add'underlined language. LDC pg. 1.9.8 Other Remedies. 1.9.8.6 Requiring replacement by the property owner of any vegetation removed in violation of the land alteration and landscaping regulations or in violation of any permit issued under the Code. Replacement trees shall be of sufficient size and quantity to replace the DBM inches removed. At the time of planting, a replacement tree shall have a minimum caliper of 0n~ and one half ¢1-1/21 inches and a minimum height of seven to eight (.7-8~ feet. w~th~m-~ne-~-~ea~-af~e~-p½am~m~; and Delete the stricken language, add the underlined language. LDC pg. 1-24 SEC. 1.10.3 The appropriate fees, costs, and other charges specified in the schedule of fees, costs and other charges shall be submitted with, and paid at the time of, initial application submission or other initial docume6t submission except as otherwise specified in this Code or the schedule of fees, costs, and other charges. The applicant, or if no applicant, the person requesting the County service, document, or other item, shall be responsible for the payment of all fees, costs and other charges identified in the schedule of fees, costs and other charges. The fees, costs and other charges specified in the schedule of fees and costs and other charges shall be twice the amount listed for petitions or requests applied for or approval after-the-fact, with the exception of minor after-the-fact yard encroachment requests. Until the applicable fee, costs and other charges have been paid in full, no action or activity of any type or kind shall be taken on an application, petition, or request. eo~½~e~-e~un~y-by-&~s-du}y-au~bo~&zed-agenes-an~ o~Eee~s-are-exemp~-~Fom-paymen&-o~-~he-~eesr =os~s/-and-eha=ges-requ½re~-here&n= The provisions coDtained iD this section shall Dot aDD1V to any impact fee ordinaDce.. Delete stricken language, add'underlined language. LDC pg. 1-37 Amend Division 1.22, Repealer, as follows: Subject Ordinance. Number eede-£n{o~eement-Board 80-89T-as-amended= eon~ac%o~s-B~ens~g-Boa~d 90-~05z-as-amendedT-~s-~epea~ed pro¥~s~ns-ef-~h~s-e~deT p~o¥~dedT-howeYerT-%ha%-amy Zoning 82-2, as amended (including the official zoning atlas adopted thereunder), except that no Planned Unit Development (PUD) ordinance valid and effective immediately prior to the effective ~e of this Code sh~ll be-repealed by ~he adoption of this Code; ~emp~ra~y-~e-Perm~%sr-~ p~ov~dedy-howeverT-~ha~-a,y ~h~s-e~de-are-re~a~ned-and Communications Towers 91-84. as amended. Delete stricken language; add underlined language. LDC pg. 2-4 2.1.13 REDUCTION OF LOT AREA PROHIBITED. NO lot, even though it may consist of one or more adjacent lots of record or yard existing at the effective date of this Zoning Code shall thereafter be reduced in size, dimension, or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase and the like. yards, lot area. and lot dimensions reduced in.this manner may be reduced by the same amount involved in the dedication, condemnation, purchase or similar method of acquisition, but shall not result~ a front yard less than ten feet (10')in depth. Lots or yards created after the effective date of this Zoning Code shall meet at least minimum requirements established herein. Delete the stricken language, add the underlined language. LDC pg. 2-6 2.2.1.2.1 P~rmitted Uses. 1. Golf Courses. 2.2.1.2.2 Us~S ~C~SSory to Per~itted Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the GC District. 2. Recreational facilities that serve as an integral part of the permitted use, including, but not limited to, club house, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and rest rooms. 3. Pro shops with e~UiDment sales uD to 1.000 square feet in size: restaurants with a seating caDacit¥ of 157 seats or less and ~hall serve Oatrons no later than 10:00 ~. A maxi'mum of two (2) residential dwelling units for use by golf course employees in conjunction with the operation of the golf course. 2.2.1.3 Conditional Uses. The following uses are permissible as cond'itional uses in the GC District, subject to the standards and provisions established in Division 2.7.4. 1. Commercial establishments oriented to the permitted uses of the District including gift shopsI pro shops with equipment sales i~ excess Of ~,000 square feet; restaurants with seatin~ capacity of qreater tha~..150 Seats; cocktail lounges, and similar uses, ex=}us&Ye~y primarily intended to serve patrons of the golf course. Delete the stricken language, add the underlined language. LDC pg. 2-7 2.2.1.4.3 Minimum Yard Rec~uirement, E~-any-ya~d-abu~ng ~es~den~a ~y-des~na~ed-p~pe~yT-~he-m~n~mum-ya~d o~-Hse~ A fifty foot (50'~ yard setback recuirement to~ether with landscaDin~ and bufferin~ pursuant to Section 2.4.7.4. buffer tVDe "B". shall be provided ad4acent to any residential district which is contiguous tO tb~ ar~ ~f th~ qolf course upo~ which is located the ~ubbouse add ~11 relate4 activities to the clubhouse, and adjacent to all maintenance buildings }oea~{~s. The length of the buffer shall be of a sufficient distance to block ~he view of recreational activities, parkiDq and any activities relative to any other buildings. structures or outside activities from conti~uous residences. Delete stricken language; add underlined language. ,oo 65.6,',,,, 29 LDC page 2-8 2.2.2.2.1 Permitted Uses: 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: crop raising; dairying; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling, and aquaculture for native species subject to State of Florida Game and Freshwater Fish Commission permits. 3. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 4= Who~es~½e-p~a~-mur~er~es= 4.5= Conservation uses. ~_.6= Oil and gas exploration subject to State drilling permits and Collier County Site Development Plan revf~ procedures'. 6__=.~= Family Care Facilities, subject 'to Sec. 2.6.26. NOTE: This section must be renumbered accordingly. Delete stricken language; add underlined language. LDC page 2-8 2.2.2.2.1 Permitted Uses: 8. Communications.Towers UP ~o specified height. ~ubject to sec. ~,6,~5, NOTE: Section will have to be renumhered accordingly. Delete stricken language, add underlined language. LDC page 2-8 2.2.2.2.2 Us~s Accessory to Permitted Use~. 3. Retail sales of ~aricultural products grown primarily on the property and further subject to a review of traffic circulation and safety concerns. Delete stricken language, add underlined language. LDC page 2-8 2.2.2.2.2 Use~ ACCeSsory ~o Pevmttted Uses. 4. Packing house or similar agricultural processing of farm products produced on the property subject to the following restrictions: a. Agricultural packing, processing or similar facilities shall be located on a major or minor arterial street, or shall have access to an arterial street by a public street that does not abut o=-~s not-~o=a~ed-w&th&n-any- properties zoned RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or residentially uses. Delete stricken language; add underlined language'. 33' LDC page 2-9 2.2.2.2.2 Uses ~ccesso~y to Permitted Uses. 8. Use of a mobile home as a temporary residence while a permanent single family dwelling is being constructed, subject to the following: e=d. The mobile home must be removed at the termination of the permitted period. bas&s-on}y?-no~-~o-ex=ee~-%he-~ura%&on-o~-~he rur~E-~rEeu½~ur~½-u~e-of-E~n~-for-eommere½~½ u~e-and-fur~her-pr~v~a~ng~-~he-app~e~n~ eEo~er-~h~n-one-hun~red-fee~-(~$0e~-from-~ny hun~re~-fee~-(5~-from-any-Fe~er~½-hEghway 9. A mobile home or trailer, used in connection with the rural agricultural district uses is permitted on a temporary basis only, not to exceed the duration of the rural agricultural use of land for commercial purposes for which the mobile home is a permitted accessory use for three (3) years. Said mobile home use is renewable annually thereafter providing that a permit for such temporary use is obtained from the Director, upon a showing that said agricultural use of land for commercial purposes is a continuing use and further providing that the applicant is utilizing, for such agricultural use a tract of five (5) acres or more, except that part lying in public road rights-of-way. Such mobile homes or trailers shall not be located c)oser than Delete stricken language; add underlined language. LDC pg. 2-9 Sec. 2.2.2.2.2 (cont'd) one hundred feet (100") from any County highway line, two hundred feet (200') from any State highway right-of~way, or five hundred feet (500') from any Federal highway right-of-way line. ~0.97 Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision mas~er plan for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. Delete stricken language; add underlined language. LDC page 2-10 2.2.2.3 Conditional US~S, The following uses are permitted as conditional uses in the Rural Agricultural District (A), subject to the standards and procedures established in Div. 2.7.4. 12. Communication towers above specified height. subje~ to Sec, 2,6.~. NOTEs Section will have to be renumbered accordingly. Delete stricken language, add underlined language. LDC Page 2-10 2.2.2.3 Conditional Uses. 17. Golf Courses and/or Golf Drivina Ran09~, Delete the stricken language, add the underlined language. ~oo, ~56~,~ 37 LD¢ pg. 2-10 2.2.2.3 Conditiona~ Uses. 21. Retail plant purserigs subject to tb~ following conditions~ a. Retail sales shall be limited to the sale O~ plants, decorative Products such as mulch or stone, fertilizers, pesticides, and other products add tools accessory to or required for the plantin~ or maintenance O~ said Plants. b. The sale of large power equipment such as lawn mowers, tractors, and the like sha~l Dot be permitted in association with a retail Plant nursery in the Rural Aqricultural distr~G~, NOTE= This section will need to be appropriatelyren,~mhered. Delete stricken language; add underlined language. ,oo,,38' LDC Page 2-10 2.2.2.3 Conditional Uses 21. A~Dhaltic Batch Making Plants independent of ~n¥ aqqre~ate mining process subject to the $oll0winq conditions: a. ~spbaltic batch making plants may be ~permitted within the area desianated AgricUltural rural land use on the Future band Use Map to the Future b~nd ugg 9~emept o~ the GrQwth M~Daqeme~ Plan add sha~l not be permitted through this ~ond~iopa~ use process as property zoned agricultura~ but otherwise located with the area designated Urban Mixed Use subd~strict on the Future Lan~ USe ~ap t~ the Future Land use element of the Growth ManagemeDt P~aB, b. The minimum site area shall not be less than ten ¢10) acres. C__=. The Site shall gain it~ pri~cipa~ access from a street designated collector or higher classification of'road as designated by the Future Traffic circulation Element of the Growth Management Plan. Raw materials storage, plant ~ocat~on an4 General operations around the plant sb~ll not be located or conducted.within one hundred (100} feet of any exterior boundary. e. The height of raw material s~rage '~acili'ties shal~ Dot exceed a height of fifty (50) feet. f__=. Hours of operation shall be limited to two hours before suprise to su~set, Delete stricken language; add underlined language. LDC pg. 2-10 Sec. 2.2,2.3 (cont'd) The minimum se~Ck from the principal road froD~qe shall be one hundred fifty (150} feet for opera~ional faci~ities and seventy-five (75} feet for suDDortinq ~administr~t~ve o~fic,s and associated parkinq. An earthen berm achievinQ a vertical beiqht o~ eight rS) feet or equivalent veqetative screen with eighty oercent ¢80 ~) opacity one year after issuance of certificate of occupancy sha~ be constructe~ or created around the entire perimeter of the property. i. Comp~iance with all applicable ordinances Of Collier County particularly the Well~ield protection Ordinance No, 9~-103 and the Noise O~dina~Ce Fo. 90-17, The plant shall not be located: ~) within th~ Greenline Area of. Concern for the ~orida State Par~ system as established by the Department of Natura% Resources (DNR). ~) within the Area o~ Crttica~ State concern as depicted on the Future ~and Use Map, 3) within 1.000 feet of a Datura~ reservation. 4) w~thiD any county. State or Federal ~urisdictional wet~and area. Delete stricken language; add underlined language. LDC Page 2-10 2.2.2.3 Conditional Uses 21. Cultural, Educational, or Recreational Facilities and their related mQdes of traDsportin~ participants, viewers,oF p~trons where applicable, subject to a~ applicable federal, state add lQcal permits. NOTE: This section will have to be ren~mbered accordingly. Delete stricken language; add underlined language. LDC page 2-10 2.2.2.3 Conditional Uses. 10. Child care centers= and Adul% day care centers, LDC page 2-12 2.2.3.3 gonditional Uses. 3. Child care centers= ~Dd Adult day care centers. LDC page 2-14 2.2.4.3 ~onditional Uses. 4. Child care centers= and Adult day care centers, LDC page 2-17 2.2.5.3 Conditional Uses. 3. Child care centers= ~Pd ~dult day care cepter$, Delete stricken language, add underlined language. m ''' m LDC pg. 2-12 DIV. 2.2 Hodif¥ section as follows: BEC. 2.2.3 ESTATEB DIBTRICT 2.2.3.3. Conditional Uses. The following uses are permissible as conditional uses in the Estates District (E), subject to the standards and procedures established in Div. 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers. 4. Schools, Public and Priva~9% 5. Group Care facilities (Category I nnd-~E); Un'ts7 and Nursing Homes subject to Sec. 2.6.26. 6. Cateaor¥ II Group Care Facilities and Care un~t~ (subject to Sec. 2,6.~6) only wheD the tenancy of the person or persons under care wou~.d not: a. constitute a direct threat to safety of other individuals: b. result in substantial Dhysica~ damaqe to the property of others: or c_~. result in the housin~ of individuals who are enqaqed in the current, illegal use Of or addictio~ to a controlled substance, defined in Section 802 of Title ~, U.S, Code. LDC pg. 2-14 DIV. 2.2 Modify section as follows: SEC. 2.2.4. RESIDENTIAL SINGLE FAMILY DISTRICTS 2.2.4.3 Con4ittonal Uses. The following uses are permissible as conditional uses in the residential single family districts (RSF), subject to the standards and procedures established in Div. 2.7.4. 1. Non-commercial boat launching facilities, and multiple dock facility. 2. Churches and houses of worship. 3. Schools, Public and Private. 4. Child care centers. 5. Cjuster housing, subject to Sec. 2.6.27. 6. Golf courses. 7. Group Care Facilities (~a~egory I ease ~n&~s~ and'Nursing Homes; subject to Sec. 2.6.26. 8. Cateqorv II GrouD'Care Facilities and Car, Units (subject to Sec. 2,6,26) only wheD the tenancy of the person or DersoDs udder car, would not: a. constitute a direct threat to the health safetv of other individuals; b__=. result in substantial Physical damage to the DroDertv of otherS; or c. result i~ the housinq of individuals who are en~a~ed in the current, illegal use of or addiction to a controlled substance, defined i~ Section 802 of Title 21, U.S. Code, 44: LDC pg. 2-14 2.2.4.3 Conditional Uses 5. Cjuster h~m~ dve o m t to ' ~ w a s subject to Section 2.6,27. Delete stricken language; add underlined language. LDC pg. 2-14 2.2.4.3 Conditional Uses. 8. Recreational facilities intended ~0 serve a~ existing and/or developing residential community as represented bv all of the properties/lots;parcels included in an approved Preliminary Subdivision Plat. or S%te Development Plan. The use o~ said recreational facilities shall be limited %o the owners of property 9r oGcupants of residential dwelling units and their quests within the area of approved Preliminary Subdivision Plat. or Site Development P~aB, Delete stricken language; add underlined language. LDC pg. 2-16 thru 2-18 SEC. 2.2.5 RESIDENTIAL MULTI-FAMILY-6 DISTRICT (R}~F-6). 2.2.5.1 Purpose. and Intent. The purpose and intent of the Residential Multiple Family-6 District (RMF-6) is to provide for ex~s~&ng-~oned-~an~-fo= single family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the County major road network. RMF-6-d~s~r~e%-prov½~ed-fer-an-add~en~-~s~r~e~ ~s-~n~emded-%ha%-e~½s~½ng-RMF-ff-~oned-~en~s-be % The RMF-6 District corresponds to and implements the Urban Mixed Use land use designation on the Future Land Use Map of the Collier County Growth Management Plan. The maximum density permissible in the RMF-6 District and the Urban Mixed Use. land use designation shall be guided, in part, by the Density Rating System contained in the Future Land Use Element of the Growth Management Plan. The maximum density permissible or permitted in this district shall not exceed the density permissible under the Density Rating System. 2.2.5.2 Permitted Uses. The following uses are permitted as or right, or as uses accessory to permitted uses, in the RMF-6 district. Delete the stricken language, add the underlined language. LDC pgs. 2-16 thru 2-18 (cont'd) 2.2.5.2.1 Permitted Uses: 1. Single-family dwellings. 2. Duplexes, Two-F~milv DwellinGs 3. Multiple family dwellings, Townhouses except as provided by Se~. ~,6.36.. 4. Family Care Facilities, subject'to Sec. 2.6.26 2.2.5.2.2. Uses Accessory to Permitted Uses: 1. Uses and structures that are accessory and incidental to uses permitted, as of right in the RMF-6 district. 2. Private boat houses and docks, subject to Sec. 2.6.21. 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site developmen~ plan or subdivision master plan for that development. Recreation facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and p~ayfield~.o 2.2.5.3 Conditional Uses: The following uses are permissible as conditional uses in the RMF-6 district, subject to th~ standards and procedures established in Div. 2.7.4: 1. Churches and houses of worship. 2. Schools, PUblic and Private. 3. Child care centers. 4. Civic and cultural faciliti~s. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (Category I and II); Care Units; Nursing Homes; subject to Sec. 2.6.26. 7. Non-commercial boat launching facilities. 8. Cjuster Hous&ng DeveloPment. subject to Sec. 2.6.27. 2.2.5.4 Dimensional Standards. The following dimensional · ~tandards shall apply to all permitted multi-family accessory, and conditional uses in the RMF-6 district. 2.2.5.4.1 Minimum Lot Area: ~7~68-square-~ee-~or-ea=h-dwe}}~ng Delete the stricken language, add the underlined language. LDC pgs. 2-16 thru 2-18 e Faro du e and two- am dwe lin s: s ua dw n u t. Multiple famil~ and townhouse: One (1] acre. 2.2.5.4.2 Minimum Lot Width: 100 feet. 2.2.5.4.3 Minimum Yard Requirements: 1. Front Yard: Thirty-five (35) feet. 2. Side Yard: Fifteen (15) feet. 3. Rear Yard: Thirty (30) feet. 2.2.5.4.4 Maximum Height of Structures: 1. Principal Structures: Three (3) habitable stories. 2. Accessory Structures: 15'. 2.2.5.4.5 Maximum Density': Actual maximum density shall be determined through application of the Density Rating System established in the Collier County Growth Management Plan, not to exceed six (6) dwelling units per ~ross acre. 2.2.5.4.6 Distance Between Structures: The distance between any two i2) principal structures on the same parcel shall be ~h~ty-~ee~-~8~T ~ teen fee ' or a distance equal to one-half (1/2) the sum of their heights, whichever is greater except as otherwise provided at Sec. 2.6.27.' For accessory structure yards, see Sec. 2.6.2. 2.2.5.4.7 Development Standards for Non-Conforming Lots of Record: The following development standards for non-conforming lots of record in the RMF-6 district shall be the exclusive exception to development standards in the RMF-6 district available to such lots. No other variance, waiver, exemption or other exception to the RMF-6 district development standards for lot area or density shall be permitted ce t sot e w's v'ded. 1. Single family and two family dwellings, in conformance with the development standards of the RSF-6 district. Delete the stricken language, add the underlined language. LDC pg. 2-16 thru 2-18 2. Multi-family dwellings, in conformance with the development standards of the RSF-6 district; except non-conforming lots ~= of record need reauire 6,500 square feet for each dwelling unit as the minimum lot area; and further providin~ that~he~ calculatincJ the density on th~se non-conforming lot~, a fractional unit of .50 or greater of a unit shall entitle the applicant to an additional unit. 2.2.5.4.8 Minimum Floor Area: 750 square feet. 2.2.5.4.9 Minimum Off-Street Parking: As required in Div. 2.3. 2.2.5.4.10 Landscaping: As required in Div. 2.4. 2.2.5.4.11 Signs: As required iA Div. 2.5. Delete the stricken language, add the underlined language. LDC pg. 2-18 2.2.6.2.1 Permitted Uses. 2. Townhouses, ~gbject to the provisiQns of Sec. 2.6.36. LDC Page 2-19 2.2.6.2.3 Conditional Uses. LDC Page 2-20 2.2.7.2.1 Permitted Uses .... 2. Townhouses, ~ubJ~ct to the provision of Sec. 2.6.36. LDC Page 2-21 2.2.7.3 ~onditional Uses. NOTE: Ren,,mhering of section will be required as appropriate. Delete stricken language; add underlined language. LDC page 2-19 2.2.6.3 Conditional Uses. 1. Child care centers= ~Dd AdUlt day care ~enters. LDC page 2-20 2.2.7.3 CQDditional Uses. 1. Child care centers= and Adult day care centers. LDC page 2-24 2.2.9.3 Conditional Uses. 2. Child care centers= and Adult day care centers. LDC page 2-26 2.2.10.3 Conditional Uses. 1. Child care centers= ~Dd Adul~ dav care centers. Delete stricken language, add underlined language. LDC page 2-19 Revise Section 2.2.6.4.6 so that the Section reads as follows: 2.2.6.4.6 Distance Between Structures: The distance between any two (2) principal structures on the same parcel shall be fifteen feet (15'), or a distance equal to one-half (1/2) the sum of their heights, whichever is greater?~ ~×ceDt as otherwise provided for Dro~ects developed pursuant to the provisions of Sec. 2.6.27. For accessory structure yards, see Sec. 2.6.2. Delete stricken language, add underlined language. 056- : 53 LDC page 2-21 2.2.7.4.6 ' e c s' The distance between any two (2) principal structures on the same parcel shall be thirty feet (30'), or a distance equal to one half (1/2) the sum of their heights, whichever is greater=~ t e w' ov o'e t d v u u t to e ~ S ' . . 7 For accessory structure yards, see Sec. 2.6.2. Delete stricken language, add underlined language. LDC pg. 2-21 2.2.8.2 Permitted Uses. The following uses are permitted as of right, or as uses accessory to permitted uses in the Residential Tourist District (RT). 2.2.8.2.1 Permitted Uses:. 1. Hotels and Motels 2. Multiple Family Dwellings 3. Family Care Facilities, subject to Sec. 2.6.26. 4. Townhouses subject to Sec. 2.6.36. Delete stricken language; add underlined language. LDC pg. 2-24 2.2.9.3 ' O S 9. v v o ub 'v's o 're ye o Delete stricken language; add underlined language. LDC page 2-26 2.2.10.2.1 Permitted Uses; 1. Mobile Homes 2. Family care Facilities. subject to Sec. 2.6,26. 3. Recreational Vehicle~ CR.V.) as defined in the TTRVC District for those areas zoned MHTT Drier to October 14. 1974. in accordance with an amoroved Master Development Plan desianatin~ sDecific areas for R.V. spaces. The Development standards of the TTRVC District (excludina lot size and area) shall aDO1V to the placement and uses of land in sa~d R,V, area~ . Delete stricken language; add underlined language. LDC pg. 2-26 2.2.10.3 5. e v m ' s t o o s cud d n a a ved ub vis P D o ' Dev o a e use o sa' b t w o u es s a t ye ub v' a o v e Delete stricken language; add underlined language. 58' LDC page 2-26 2.2.~0.4.3.4 c · o - t o o - e w' o o e t w w s e c ct o · s o b sub' c t e o w' ' ' U w e t t t ' e w e ad' u d 'n' um a d te 0 e t u u e or the o s' e ' ard. Delete stricken language; add underlined languagu. LDC page 2-26 2.2.J. 0.4.4 M~}{imum Hei{lhto Thirty feet {30~'}. 2.2,10.4,4.2.-1 Uses Accessory To Permitted Uses. Twenty (20) feet. Delete stricken language; add underlined language. ~oo~ ~56~: 60 LDC page 2-28 2.2.11 TTRVC District 2.2.11.1 Purpose and Intent. The provisions of this district are in~ended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles, not exceeding 480 square feet in gross floor area. Such trailer lots are intended to accommodate travel trailers, park model travel trailers, pick-up coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating. TTRVC vehicles may be permanently located on a lot; however, no person or persons may occupy said vehicles as permanent places of residence. ?he-max~m~m-dens~ty pe~m~ss~b~e-~n-~he-?r~ve~-?ra~er-Ree~ea~na~ Veh~e~e-eamp~nd-B~s%r~-w~h~n-~he-~rban-M~xe~ by-~he-Bens~%y-Ra~½n~-Sys%em-e~n%a~ne~-~n-~he F~%~re-Ban~-~se-E~emen~-ef-~he-Re½~e~-e~n~ 8r~w~h-Mama~emen%-P~an~--~he-max~m~m-~ens~ exeeed-%he-~ens~%y-perm½ss~B½e-~n~er-~he-Bens~y 2.2.11.4.6 Maximum DensitY'. A=~ua½-max~mum-~ens~y-sha~-be Srow~h-Managemen~-P}an-no~-~-ex=eed-~we½ve Twelve (12) units for each acre. Delete stricken language; add underlined language. LDC page 2-29 2.2.11.2.2 Uses Accessory To ~eFm~tted us~s. 4. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots including: (1) . . . (2) A screened-in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreation vehicle, not to exceed an area equal to the area of the recreation vehicle to which it is attached. Said screened-in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable Building Codes~. Fo heating, air conditioning or h~ater systems or parts of systems including ducts or grills may be constructed or contained in such screened-in porch. Exterior walls may be enclosed with vinyl windows, except that the storage area may be enclosed with the same material as the principal unit. vinyl windows are reauired to extend from the underside of the roof framing to the finish floor elevation. Kick Plates are Dot permitted to extend hiqher thaD eiqhtee~ inches (18") above the finish floor~ K~c~ Plates must be Dart of the screen enclosure assembly~ Delete stricken language; add underlined language. LDC page 2-32, 33 2.2.11.4.15 Compliance. Where travel trailer/park model lots are being sold to individuals~ the developer/owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park ~ha~-e~s~s in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this district. Every proprietor, manager, homeowner~ association, or condominium associationT of a TTRV park shall maintain a register of tenants or occupants~ noting the duration of the rental arrangement or length of occupancy for owner/occupied sites with respect to one (1) or more travel ~railers'or park models. Said register shall be made available upon demand to the County Manager. In the event of owner/occupied lots within the TTRVC district, said owner is responsible fo~ registering his or her arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as herein provided. Failure of park owner/manager to provide.said register, duly describing the persons who have occupied a travel trailer or park model trailer~ and the duration of their occupancyl shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer w~%h&m-~he-TTRVe permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. Delete stricken language; add underlined language. LDC page 2-33 2.2.11.4.16 Flood P}a~n-E½ewa%½ens All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall ~ if permanently attached to the ground or utility facilities. Delete stricken language; add underlined language. LDC page 2-33 2.2.12 eomme~c~a~-Pr~ess~ena½~T~ans~oma~-B~s~¢~ ~e-}T~ commercia~ Professional District (C-i~ and C~mmerc~a~ pro~essional/Transitional District ¢C-1/T). 2.2.12.1 Purpose and Intent. ed~eeen~-~e-h½ghways-ana-et~et~a~-~eeds~ The C-1 Commercial Professional~ams~ene~District is intended to permit those uses which minimize pedestrian and vehicular traffic. The provisions of the C-1 District are intended to apolv to areas located adjacent to highways and arterial roads, Landscaping, controlled ingress and egress, and other restrictions are intended to minimize frequent ingress and egress to the highway from abutting uses. The C~l District is designed to be compatible with all residential uses as well as residential uses located along arterials. · h~s The c-%/T commer¢[a~ ?r0fessiona~/Transit$ona% Distric% is e~se intended to apply to those areas that are transitional,'located"b&tween areas of higher and lower intensity development that are no longer appropriate for residential development. The uses in this district are intended as an alternative to retail and meet the intent of the C-1/T Commercial Professional/Transitional District. Those areas identified as (C-%/T) shall be further noted on the zoning atlas~ ~h~s-d~s~t~% The Commercial Professional District and the Commercial Professional/Transitional District are consistent with the locational criteria for commercial and the goals, objectives and policies as identified in the Future Land Use Element of the .Collier County Growth Management Plan. The maximum density permissible in the Commercial Professional ~istrict and the commercia~ Professional;Transitional District e~d in the Urban Mixed Use ].and use designation shall be guided, in part, by the Density Rating System contained in the Future Land Use Element of the Collier County drowth Management Plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the Density Rating System. Delete stricken language; add underlined language. .'~ LDC pg. 2-33 2.2.12.1 (new paragraph) The C1/T Zoning District. where u~ilized to meet the inten~ of the Commercial Under Criteria provisions ~ the Future Land Use Elemen~ o( the Cgmprehensive growth ManaGement Plan. sha%l only be ~pplied one time to serve as transitional use and will not be permitted to e×Dand adjacent to other Cl/T zoninG.' The only exception is the e~p~DsioD of CX/T zoning that was apprQved pursuant tO ~he ~oning Re-evaluation ProGram. "'~" Delete the stricken language, add the underlined language. · 66 LDC page 2-34 2.2.12.2.1 ~. 7. n iv dua a d F o ' Se v c s 83 ~ c e ad d' a u ~ ~OTE~ This section will have to be renumbered accordingly. ,. Delete stricken language, add underlined language. LDC page 2-34, 35, 36 2.2.12.2 Permitted uses. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this Section, are permitted as of right, or as uses accessory to permitted uses in the C-1 Commercial Professional District add th~ C-1/T Commercial Professional/Transitional District. 2.2.12.3 Conditional Uses (item "f") f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-1. C-1/T District, together with the specific requirement that in no~ instance shall the residential uses exceed fifty percent (50%) of the gross floor area of the building or the density permitted under the Growth Management Plan. 2.2.12.6.3 Traffic Generation. T~e proposed use must not generate in excess of ten five f5%) percent ~8%~ of ~he-eYe~age-~a~y-~ra~e level of service C peak hour volume desigp capacity on abutting streets that provide access to the project. Delete stricken language; add underlined language. LDC page 2-37 2,2,13 COM~ERCIAL CONVENIENCE.DISTRICT (C-2), 2,2,13,2,1 Permitted Uses. 1, All permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 Commercial Professional District and the C-1/T Commercial Professional/Transitional District, Delete stricken language; add underlined language, LDC page 2-38 Add the underlined language' to the Dimens ona tanda s provision in each of the following zoning districts. 2.2.12.4 na Sta a d . The following dimensional standards shall apply in the C-1, C-1/T District. ate .P a a a utu a s e ut G w e sh su e an ess st ' eu o a' u' so 2.2.14.4 ' ens onal Sta d d . The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Commercial Intermediae District (C-3). W ec ' dev c ' e a and sta da d .a s ex ~t ' t e Go de G te te e Futu and se emen t o ' Cunt . owt a a a sba Sue sed a ess stun ent e ~ e en o lace add~'o a e' ments od vel ment. 2.2.15.4 e 'o a a ds. The following dimensional standards shall apply to all permitted, accessory and conditional uses in the General Commercial District (C-4). W sec ic der lo m criter a and S anda ds also exist n the Golde Ga st r a m aee as e a e u' em ts o deve o en . 2.2.15 1/2.4 ime s a Standa ds. The .following dimensional standards shall apply to all permitted, accessory and conditional uses in the Heavy Commercial District (C-5). W e s d v sa a s s' G a e ste s e o u u and se ement o t e C e ou Growth Mana ement lan t e sha sue sede an ess st in ent re uireme t o ace add~'ona re u'rements o develo ment. Delete stricken language; add und~rlined language. LDC page 2-37 2.2.13.2.~ Permitted Use~. caretaker's resideDce, sub~e~t to section 2.6.10 Delete the stricken language, add the underlined language. LDC Page 2-37 2.2.13.2.1 P~rmitted Uses. 7. Gasoline Service Stations (5541 subject to see~en-~6~9 Section 2.6.28) Delete stricken language; add underlined language. LDC page 2-39 2.2.14.2.1 5. Eating an~-Br&mk½~g Places (groups 5812 - ~ 58~3-exeep~-eem~rae%-~eed&m~-~oed co=k~a&½-½ounges-and-n½gh~-e}u~s All establishments. engaged in the retail sale of alcoholic beverages are subject to the locational requirements of Sec. 2.6.10). Delete stricken language; add underlined language. LDC page 2-40 2.2.14.2.1 Permitted uses. 17. Personal Services (groups 7211. 7212, 7215, 7216 non-industrial dry cleaning onlY. 7221-7251, 7291) Delete the stricken language, add the underlined language. LDC page 2-40 2.2.14.2.1 ~ex~mitted Uses: 11. Marinas ¢4493). ~, AD¥ use which was Permissible under the DriQr GRC zoning district and which was lawfully 9~istin~ prior to the adoption of this Code. NOTE~ This section will have to be renumbered accordingly. Delete the stricken language, add the underli'ned language. LDC pages 2-40 Add new conditional uses to the C-3 Commercial Intermediate District. 2.2.14.3 1. Amusements and Recreation Services (groups 7911, 7922 community theaters only, 7933, 7991, 7993, 7999 boat rental, miniature Golf course, bicycle and moped rental, rental of beach chairs and accessories only). 5. Motion Picture Theaters. £xceDt Drive-ID (7832). 7. Permitted use with less than seven hundred fT00) square feet. aross floor area iD %h- principal structure. NOTE: Renu=bering as appropriate will be ~uired. Delete stricken language, add underlined language. LDC Page 2-40 2.2.14.3 Conditional Uses. 2. Qrinkina Places ~5813 e×cludina bottle clubs. All establishments en~a~ed in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of Sec, 2.6.10). Note: This section will have to be appropriately renumbered. Delete the stricken language, add the underli'ned language. LDC page 2-40 2.2.14.3 ¢ond~tional Uses. 5. ~gcial Services ¢8~22-8~99} NOTE~ This section will have'to De ren~bered accordingly. Delete stricken language, add underlined language. LDC page 2-41 2.2.14.4.3. n e e ~_~. 5. ~. Twenty five feet (25')~ 0 ' nas Delete stricken language, add underlined language. LDC pg. 2-41 2.2.14.4.5 =n~:anQ--Tx~? even 700 square feet os o for each building on the ground floor. Delete stricken language, add underlined language. LDC page 2-42 2.2.15.2.1 ~. 3. Amusements and Recreation Services-Indoor (7911-7941, 7991-7993, 79977) O~tdoor - (7999 ~ fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats~ canoe rental ~n~y). Delete stricken language; add underlined language. LDC pg. 2-42 2.2.15.2.1 Permitted Uses 5. Automotive Repair, Services~ and Parking (groups 7514, 7515, 7521) and Carwashes (qrouD 754~), Drovided ~hat Carwashes abutting r~sidential zoning districts shall be subject to the following criteria: (II Carwashes designed to serve vehicles 9M~gedinq a capacity rating of one (1~ toni shall not be allowed· (2) Minimum yards: (~} Fromt Yard Setback - Fifty Feet rS0') (b). Side Yard Setback - Forty Feet (40') (C) Rear Yard Setback - Forty Feet (40') (3} Minimum Frontage. A carwash shall not be located on a 10t with less than one hundred and fifty feet (150') of ~rontaqe on a dedicated street or hiqhway, ... (4} Lot s~e, Minimum eiqhteen tho~san~ (~8,000) square feet· (~) ~ence Requir~eDts. If a carwash abuts ~ r~sidential district, a masonry or equivalent w~ll constructed with a decorative finish, six feet (6') in height shall be erected alon~ the 10t line opposite the residential district and the lot lines DerDehdicu~ar'to the lot lines opposite the resideDtia~ district for a distance no~ ~ess than ~iftee~ Seer (15'). The wall shall be located within a ~andsGape4 buffer as specified in Section 2,4,7. Ail wa~ls shall be protected by a barrier to prevent vehicles from contact%ng them. (~) Architecture. The buildin~ shall maintain a consisted% architectural theme alon~ each bui%dino facade. Delete the stricken language, add the underlined language. 1356, : 82 LDC pg. 2-42 Section 2.2.15.2.1 (cont'd) (7) Noise. A carwash shall be subject to Ordinance No. 90-17. "Collier County Noise Control Ordinan~',, (~} Washing and Polishing, The wash~Dq and polishing operations for all car washing facilities, including Sel~-service car washing facilities, shall be enclosed on at least two sides and shall be c~vered by a roof, Vacuuming facilities may be located outside the buildinG, but mat not be located in any reauired yard area. (9) Hours of Operation. Carwashes abuttina residential districts shall be closed from 10:0o p,m, to 7:00 oo o Delete the stricken language, add the underlined language. LD¢ page 2-42 Add the following use to the C-4 District: 2.2.15.2.1 Permitted Principal Uses 8. Commercial Printina f2752, e×cludi~q newsDaDers% NOTE: This section will have to be renumbered accordingly. Delete stricken language, add underlined language. LDC page 2-42 2.2.15.2.1 Permitted Uses, 8. Communications (groups 4812-4841 exeep% p~ne~p~e-~ansm~ss~m-~we~) includin~ communications towers UD to specified height. sub4e~ ~o Sec. 2.6.35. Delete stricken language; add underlined language. LDC page 2-42 2.2.15.2.1 p~rmitted Uses. 9. ~atina and Drinkina Estab~isb~eDt~ {5812. 5813 e×cludin~ bottle clubs. All establishments ~aaed in the retail sale of alcoholic ~ev~raqes for on-premise consumption are Subject tO th~ ~ocat~o~a~ requirements of Sec. ~,6.10) NOTE: This section will have to be renumbare4 accor4ingly. Delete stricken language; add underlined language. .,.4. LDC page 2-42 2.2.3.5.2.3. ~2. o - NOTEs This section will have to be renumbered accor4ingly. Delete stricken language; add' underlined language. ~oo~ 056.~: 87 LDC page 2-43 2.2.15.2.1 ~erm~ted Uses. 19, social Services ¢~rouDs 8322-8399~ NOTE: This section will have to ren-mhered accordingly. Delete stricken language, add underlined language. LDC page 2-43 2.2.15.3 ~.onditional Uses. 6. Dottle Clubs (All establishments en~aaed in the re,ail sale of alcoholic beverages for t o S 0 NOTE: The section will have to be renumbered accordingly. Delete stricken language; add underlined language. LDC page 2-43 2.2.15.3 on ' se o -4. The following uses are permitted as conditional uses in the General Commercial District (C-4), subject to the standards and procedures established in Div. 2.7.4. 12. ~ w ves e' ' · c Delete stricken language; add underlined language. 2.2.15.3 Conditional USES. 23. permitted use w~th less thaD $~v~ bundre~ f700) square feet of ~ross floor area in the principal structure~ Delete stricken language, add underlined language. LDC pg. 2-44 2.2.15.4.5 ~ ene ~h~usand-~TeSe v hud d 70 square feet ~ area for each building on the ground floor. Delete stricken language, add underlined language. LDC Pg. 2-45 2.2.15%.2.1 Permitted Uses 4. Automotive Repair, Services and Parking (Groups 7513 - 7549). provided that carwashes abutting residential zoning districts shall be ~ubject tO %he following criteria; carwash d~si~ned to serve vehicles e×ceedinG a capacity rating of one t_pn) shall not be allowed. Minimum yards: (a~ Front Yard Setback - Fifty Feet Cb} Side Yard Setback - Forty Feet (40') ¢c~ Rear Yard Setbac~ - FOrtY Feet (40') Minimum FrontaGe. A carwash shall not be ~oca~ed on a'%ot with ~ess than on~ hundred and f~fty feet (150'}. of frontage on a dedicated street or highway. (4~ hot Size, Minimum eighteen thousand (18,000) square feet .... (5). Fence Requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed~%th a decorative finish, six feet (6') in height shal~ be erected along the lot line OPPosite the residential.district and the lot lines perDendiculaF to the ~ot lines opposite th~ rgsident~a% district ~or a distance not less tha~ fif~ee~ feet (15'}, The wa%l shall be ~_ocated within a landscaped buffer as ~pecified in Section 2.4,7, All walls shall be. protected.by a barrier to prevent yehicle$ from contacting them. (~ ArchitectUre. The building shall maintain a consistent architectural theme along eagh bui;di~g ~acade, ¢7) Noise. A carwash shall bg subjec~ t9 Ordinance No. 90-17, "Collier County F0ise Coptrol ordinance". Delete stricken language, add.underlined language. ,oo ff5fi . 93' LDC pg. 2-45 Section 2.2.15 1/2.2.1 (cont'd) (8) Washing and Polishinq, The washina and polishinq operations ~or all car washinq facilities, includina self-service car washiDq facilities, shall be enclosed on at least ~wo sides and shall be covered by a roof. Vac~umin~ facilities may be ~ocated outside ~be build~, but ma%~ pot be located ~ any required yard area. C9) Hour~ of operation. Carwashes abutting ~e$idential districts shall be closed from 10:00 p.m. to 7:00 a.m. Delete stricken language, add underlined language. LDC page 2-45 2.2.15 1/2.2.2 Perm~ted Uses. 5. et Ca eta e's R sid c NOTE: This section will have to b'e renumbered accordingly. Delete stricken language; add underlined language. LDC page 2-45 2.2.15 1/2.3 Conditional Uses for e-4 c-5. The following uses are-permissible as conditional uses in the Heavy Commercial District (C-5), subject to the standards and procedures established in Div. 2.7.4. Delete stricken language; add underlined language. LDC Page 2-46 2.2.15 1/2.3 Conditional Uses. 3. Bottle Clubs (~11 establishments enaa~ed in the r~tai~ sa~e o~ alcoholic beveraqes ~Or on-Drem~se coDsumDt~on..are, sub~ec~ to the locatiQnal reauireme~ O~ Se~, 2.6.10) , NOTE= The numbers in this section will hays to be renumbered to accomodate this change. Delete the stricken language,, add the underlined language. LDC page 2-46 2.2.15 1/2.3 o - The following uses are permissible as conditional uses in the. Heavy Commercial District (C-5), subject to the standards and procedures established in Div. 2.7.4. 4. Communications (groups 4812-4841 w~h P~ne½~½e-~ensm~ss~-%ewe~s) with u W S C ' '%1 ' Delete stricken language; add underlined language. 98' 2.2.15 1/2.3 C dit o a Use . 12. Permitted uses with less than ~7888 seven ~ square feet gross floor area in the principal structure. Delete stricken language, add underlined language. LDC page 2-46 2.2.15 1/2.3 Conditional Us~s. 14. a s s oc CO t' a s o t 'o o Delete stricken language; add underlined language. LDC 2-47 2.2.15 1/2.4.5. m o . ene-~heasand-f~zeee~ S v u d 7 square ~oor area for each building on the ground floor. Delete stricken language, add underlined language. LDC page 2-48 ~.'~ 2.2.16.2.1 ~ 1. Agricultural Services (groups 0711, ~ o ' s ~(500')~ ~ 0721, exce~ o a tcoto w' w'o~ b a ~mu V ~ S e ' ~ 0722-0724, 0761, 0782, 0783. Delete stricken language, add underlined language. LDC page 2-48 2.2.16.2.1 Permitted Uses 5. Business Services (groups 7312, 7313, 7319, 7334-7336, 7342-7389, includiDg ~%~ ($999), subject tO Darkin~ and ~~ Delete the stricken language, add the underlined language. LDC page 2-48 2.2.16.2.1 Permitted 6. Communication~ (groups 4812-48997-e~e~ud~m~ p=&ma=y-eommun½ea~ens-~wers) ~Dcludin~ communications towers up to specified heights. subject to Sec. Delete stricken language; add underlined language. LDC page 2-48 2.2.16.2.1 Permitted Uses 11. Engineering, Accounting, Research, Management and Related Services (groups 8711-8~% ~74~). NOTEs This section will have to be renumhered accordingly. Delete the stricken language, add the underlined language. 105 LDC page 2-49 2.2.16.2.1 Permitted use~. 38. Wholesale Trade-Nondurable Goods (groups 5111-5159, 5181, 5182, ~9~ except tha~ wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet ~rQm ~ residential zonina district, 5192-5199). Delete stricken language; add underlined language. LDC page 2-49 2.2.16.3 Co a Us . 1. ~%du it Da~~ · W ' V U ~ 0 s u d e eum a o s s us ma co s c t t a 'c om as a ants a d~ c. hal have m mu o a e o we t ousa d 000 s ua e ee u d ' m ot widt o one u d e eet O' · ' V . U s t ' e e t t ta ua o a e o t e o NOTE: This section will have to be renumbered accordingly. Delete stricken language, add underlined language. LDC pg. 2-50 '3. Communications (groups 4812-4899, including communications towers Shat exceed Spgcified heights subject to all requirements of Sec. 2.6.35.) . Delete stricken language, add underlined language. LDC page 2-50 2.2.16.3 7. Motor Freight Tansportation and Warehousing (group 4226, oil and gas storage, and petroleum and chemical bulk stations~=, but not located within five hundred feet (500') a residential zonin~ district). Delete the stricken language, add the underlined language. LDC page 2-51 2.2.16.3 11. Refuse Systems (4953]. 12. ~? Transportation by Air (4581 Airport flying fields). ~3, ~ Transportation Services (4789 stockyards). ~4.. ~. Wholesale Trade-Durable Goods (groups 5015, 5051, 5052, 5093). Wholesale Trade-Nondurable Goods (groups 5162, 5169, 5171, 5172, 5191). NOTE~ This section will have to be ren,,m~ered accordingly. Delete the stricken language, add the underlined language. LDC PG. 2-51 2.2.16.4 Dimensional $~aDdards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Industrial District (I). Where specific development criteria standards also exist in the Go~den Gate Master p~ano Immo~alee Master Plan or in the Future Land Use ~e~en~ of the Collier County Growth ManaGement p~an. they shall supersede any less stringent requirement or place additional requirements ~eve~op~eDt, Delete stricken language; add underlined language. LDC pg. 2-51 2.2.16.4.3 Minimum Yard Reauirement~. 1. Front Yard. Fifty feet (50'). 2. Side Yard. Twemty-~ee~-~e~ The sum total O~ the side yards shall be twenty percent (~Q~} of the lot width, not to exceed a D$~imum of fifty feet (50'~, This vard rec~irement may be apportioned between the side yards in any manner, except that one side yard may ~not be less than ten feet u~less the structure is constructed at the ~d~ proPertY line. 3. Rear Yard. Th~y-~ve-~ee~-~5~v Fiftee~ feet (15'). 4. waterfront. Twenty five (25'). 5. Railroad R.O.W. No setba~ is required from a railroad easement, or right-of-way. 6. Yard abutting residential parcel. Fifty feet (50'). Delete stricken language, add underlined language. LDC page .2-51 2.2.3.6 · s ' t w o e ' d s' t 's oc te w' 'two d ' o e ' ~ ' a Delete stricken language; add underlined language. LDC page 2-53 2.2.18.1 (fourth paragraph) Government owned properties rented or ]eased.to non-govermental agen=~es ~ for purposes not related to providing governmental services or support functions to a primary civic or public institutional use shall not be zoned for the Public Use District, but rather, shall be zoned or rezoned according to the use types or the' use characteristics which predominate. Delete stricken language; add underlined language. LDC pg. 2-58 2.2.20.2.4 ~ e d The minimum area required for a Planned Unit Development District (PUD) shall be ten (10) contiguous acres except when located within an Activity Center or within the Urban Fringe Areas as designated on the Future Land Use Map of the Growth Management Plan where no minimum acreage requirements must be met. For in fill parcels as defined in Article 6 and the Growth Management Plan, the minimum area-required for a Planned Unit Development District (PUD) shall be two (2) contiguous acres. ! o v s o ·' 0 V · -- --W ' OV W V 0 of____~such separated o e t es s a be ess t a ive ac e Delete stricken language; add underlined language. LDC page 2-76 2.2.23.4.4 Sound Level Reauirements ¢SLR) for Buildinqs Or Structures. 4. ADDrova~ of TvDes of Construction. 1. The Development Services Director, or his designee, may approve any types-~ construction that complies with the SLR requirements of the Activities and/or Land Use Guidance Chart (Appendix III). The SLR requirements specified in Appendix III of this Amendment shall be achieved by the use of assemblies having the South Transmission Class Ratings specified in Table 403.2, "Minimum Sound Transmission of Assemblies", of the Southern Building Code Congress International, Inc.~ Standard for Sound Control, SSTD 8-87, incorporated herein and adopted by reference as Appendix IV. Delete stricken language, add underlined language. 116 LDC pg.2-78 ~ SEC. 2.2.24 SPECIAL TREATMENT OVERLAy DISTRICT (ST): SPECIAL ~GULATIONS FOR AREAS OF ~NVIRONMENTAL-SENSITIVITY AND LANDS AND STRUCTURES OF HISTORICAL AND/OK ~RCMA~OLOGICAL SIGNIFICANCE AND THE BIG CYPRESS AREA OF CRITICAL STAT~ CONCERN. 2.2.24.2.3 ~tablishment of ACSC-ST Overlay District. In accordance with Sec. 380.05, Florida Statutes and Chapter 73-131 Laws of Florida, the Administrative Commission instituted regulations for the Big Cypress Area of Critical State Concern (ACSC). The purpose of these regulations is to conserve and protect the natural, environmental and economic resources of the Big Cypress Area. Furthermore, these regulations are to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well planned development, and protect the health, safety and welfare of z-esident~'6f the State. Chapter ~P-~ ~8-25 of the Florida Administrative Code establishes criteria for site.alteration, drainage, transportation facilities and structure installation. These regulations are implemented through the Land Development Regulations as set forth in Sec. 2.2.24.3.2. An overlay zoning classification to be known as Area of Critical State Concern/Sensitive Treatment Overlay shall be designated on the Official Zoning Atlas with symbol ACSC-ST. Delete the stricken language, add the underlined language. 2.2.24.3,2 Development Standards and ReGulations for ACSC-ST. 1. ~it~ Alteration. a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However. a minimum of 2,500 ~are feet may be altered on any permitted site, b. ~gr land zoned a~riculture that is enGaGed in 9r is proposing Bona fide a~riculture use(s). site alteration percentage limits may be ~dJgst~ for site alteration activities designed for conservation and/or environmental purp0s~s ~ sgt forth i~ aD Environmental ImPact Statement approved b? the-Board cf County Commissioners. Such site alteration aCt~VSt~gs include: (i) prescribed fires and associated firebreaks as approved bvothe Florida Department of Forestry; (ii) removal and control of listed exotic plant species: ..{~ii] native habitat restoration, tvoical of the immediate vicinity: (iv) enhancement of foraging habitat for wildlife species with Dative, naturally, and locally occurring plant species;..(v) re~toration of historical by~roperiods: and Cvi) other activities designed for conservation and environmental purposes reviewed on a cas~ by case basis. B=c. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. e=d. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with pre existing species except that undesirable exotic species shall not be replanted or propagated. Exotic species' are listed below. Delete stricken language, add underlined language. LDC pg. 2-79 Sec. 2.2.24.3.2 (cont'd) Australian Pine (Casuarina SDD.) Bishopwood (Bischofia iavanica) Brazilian Pepper (Shinus terebinthifolius) Melaleuca (Melaleuca SDD.) Downy Rosemyrtle (RhodomYrtus ~gmentosa) Earleaf Acacia (Acacia ~uriculiformts) CatclawMimosa (Mimosa Di~ra) Java Plum (SYz¥~ium cumini) d=e. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. e=f. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm waters as sheet flow from the downs~6am end into unalterd areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a matter approximating the natural flow regime and designed to accomodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. ~=~. Man made lakes, ponds or other containment works shall be constructed with a maximum slope of 30 degres to a depth of six feet (6') of water. When mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property, and dipo~al of spoils or tailings shall be completed before abandonment of th site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out an activity defined in Sec. 380.04, Fla. Stat., as amended, as development or applies for a development permit as defined in Sec. 380.031, Fla. Stat., as amended, to develop any Delete stricken language, add underlined language. LDC pg. 9--79 Sec. 2.2.24.3.2 (cont'd) existing quarrying lake area, these regulations shall apply. ~h. Finger canals shall not be constructed in the ACSC-ST Area. Delete stricken language, add underlined language. 120 LDC p~ge 2-8~, 82 2.2.24.4 Port of the Islands. co~e~a~d, a~d. pla~tatiou Island Mobile Homes[res, ' " Port of the Islands, CoDeland. and Plantation Island Mobile Homesites are ks-a- development~ located within the Urban Designated Area, but ks are also located totally within the Big Cypress Area of Critical State Concern. A portion of Port of the Islands was .determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. There is an existing Development Agreement between Port of the Islands, Inc., and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Development within Port of the Islands shall be regulated by the Development Agreement and the residential density and commercial intensities shall not exceed that permitted under zoning at time of adoption of the Collier County Growth Management Plan. DeveloPment within the ~rban De~ianated Areas of CoDeland and Plantation Island Mobile Homesite~ shall be subject to review and administra~iV~ approval by the Development Services Director or his/her desianee for compliance with Area o~ Critical state Concern regulations. Development will not be required to Go through the process of filin~ a petition for site alteration or s~- development plan approval, pursuant to Section 2.2.24.7. This does not. e~emD~ site development plans required in Section 3.3.3 of the Code. Delete stricken language, add underlined language. LDC Page 2-85 2.2.24.8 ~. Where land has an "ST" designation and the proposed alteration or development area contains twenty (20) acres or less in gross area, and where no transfer of development rights are involved, the Development Services Director may approve a Site Alteration Plan or a Site Development Plan. Prior to such approval, the Development Services Director shall make a finding that the following conditions exist= 1. The proposed site alteration'or site development ~ will not require any modification, ~ X_~q~k~/_~%9_~, of the topography, drainage, flora, or fauna on the site. a w 3. No pollutants will. be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. All other site alteration or site v~ plan approvals of ae~es any size shall be as required in Secs. 2.2.24.4, 2.2.24.5, and 2.2.24.6. Delete stricken language, add underlined language. LDC Page 2-88 2.2.25.1 It is the intent of these re~ulations to recognize the importance and significance of Collier County's historical and archaeological heritage. TO that end. it is the Countv's intent to protect, preserve, and perpetuate Collier County's historiQ and archaeolo~ical sites, districts, structures. buildings, and properties. Further the Board of County Commissioners of Collier County. Florida finds that these re~ulations are necessary to protect the Dub~ interest, to halt illicit dieting or excavation activities which could result in the destruction Q~ prehistoric and historic archaeolocical sites, and to regulate the use of land in a manner which affords the maximum protection to historical an~ archaeological sites, districts, structures, buildincs and properties consistent with individual property richts, It is not the intent of this Cod, to deny anyone the use of his property, but rather to regulate the use of such property in a manp~r which will ensure, to the greatest decree POssible, that historic and archaeological sites, districts. structures, buildings and Properties are protected from damage, destruction, relocations, or exportations, Delete stricken language; add underlined language. LDC pg. 2-94 2.2.25.5.2 The designation of specific sites, structures, buildings, districts, and properties may be initiated by the Preservation Board or by the property owner. A~-~es½gnat~ens-sha~-be-s~e=~ ~o-epp~ova~-By~~he-Bea~d-e~-ee~n~y-eomm~ss½eme~s? ~ The application shall be in a form provided Dy the Community Development Services Division. The Property owners of record whose land is under consideration for designation initiated by the Preservation Board shall be provided two notices by certified mail return receipt requested, at least d b e - s oa e · b v ~ The first notice shall provide all pertinent i~formati~ regarding the designation and the~Preservation Board's scheduled meeting date to consider the site. The second notice shall indicate when the Board of County Commissioners will consider official designation of the site. ~ a v ws e e a o t o o Each designation site, district, structure, property or building shall have a date file maintained by the Preservation Board. The file shall contain at a minimum: site location; the historical, cultural, or archaeological significance of the site; and the specific criteria from this Section qualifying the site. An official listing of all sites and properties throughout Collier County and its communities, .including information, maps, documents and photographic evidence collected to evaluate or substantiate the designation of a particular site, structure, building, property or a district shall be maintained at the Collier County Museum. The Collier County Museum shall coordinate preservation and/or restoration efforts for any Historical/Archaeological designated building, structure, site, property, or district that is donated to or acquired by Collier County for public use. Delete stricken language; .add underlined language. LDC page 2-107 2.3.5.3.3 The shared parking spaces shall not be separated from the buildings or uses they are designed to serve by a roadway designated as a collector or arterial in the Element of the Growth Management Plan. Delete the stricken language, add the underlined language. LDC page 2-110 2.3.12 - · ~ Where the developer believes that the parking spaces required for a specific project are excessive, that developer may request a var~a~ce-~hrough-~he-n~ma~ · i~ If the Ya=~snee ~ is approved by the Board of Zoning Appeals after review and recommendation by the Planning Commission, the developer shall reserve an area that is sufficient in size to provide this parking, in case the parking is needed in the future. The developer shall provide additional landscaping ~o= ltrees and shrubs), o.}y~-amd %Zhis increased landscaping shall be the same percentage increase over the normal required landscaping that-the parking spaces were approved to be reduced by, and further provided: Delete the stricken language, add the underlined language. LDC page 2-112 2.3.14 OFF STREET PARKIN~ AND STACKIN~ REOUIRED 31t~OUNTS= Amend the Child Care parking standards: Child Care/Day Two-~ One (1) per employee of the' Nursery/Kindergarten~ larges= workshift plus one (1~ space Adult Day Care Centers for every ten (10) children. In addition,adequate drop-off and pickup areasYshall be provided. Add Coin-Operated Laundromat standards to follow Church/House of Worship/Temple/Synagogue: :. Coin-Operated (Laundrv, One ¢1)'Der each two f2~ was~in~ · self-service} machines. To correct typographical errors: Convenience Store/ One (1) per 200 square feet plus one (1) Delicatessen/Take Out for each two seats provided for food Prepared Food Store patrons plus stacking for five (5) vehicles for each automatic car wash lane~ Marina, Boatel One (1) per 2 wet boat slips excluding those used for charter boats plus one (1) per 5 dry boat storage spaces.. . Uses not receiving credit from parking provided for boat slips or day dr~ storage Spaces shall provide parking at. the normal rate for those uses as required within this Code. Delete the stricken language, add the underlined language. LDC page 2-120 2.3.20.2.2 A parking lot servicing any building or entrance pathway to a building shall have a number of level parking spaces, as set forth in the following table, identified by above-grade signs, as provided in Sec. 2.3.20.3.4, as being reserved for physically han~eepped disabled persons: RE~REB-NFMBER-eP REOUIRED NUMBER OF TQTAL SPACES IN LOT RESERVED SPACES up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 LDC page 121 (cont'd) 101 to 150 5 151 to 200 ~ - 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2% of total Delete the stricken language, add the underlined language. LDC page 2-122 2.3.21.2.3 Chan~e in Existin~ Use~ A change of any use shall be exempt from the minimum parking requirements as set forth in Sec. 2.3.14 up to an intensity level of one (1) parking space per one hundred ~1001 square feet. A change of use to an intensity ~ greater ~t than one (1) parking space per one hundred ~1001 square feet shall require parking at fifty percent 150%1 of the minimum requirement as set forth under Sec. 2.3.14. No change in use shall allow for a reduction of the current number of parking spaces provided. 2.3.21.2.4 Uses in New Buildin~s~ Any use in a building constructed after the effective date of this Code will be required to provide parking at sixty-seven percent 167%1 of the minimum requirement as set forth in Sec.- ..... ~eT~v 2.3.14, .-. Delete the stricken language, add tho underlined language. LDC l:~:J. 2-126 2.4.3.5 (Second paragraph only! All required landscaping shall be installed in accordance with plane approved under Sec. 2.4.3.1 - 2.4.3.2. ½~eveea~e-~ebbee-eE-e=ed½bT-pe~e~mmnce-be~-e~ eash-½n-~he-subsbance-e~8-foem-aeeepbab~e-be-bhe be-sub~ec~-~e-~e}ease-~we}ve-~}-mon~hs-~=em-%~e U~cn-=e-&ns~ec~&en-~e=-eemg~&amee-~y-eemg~&anee Services= a w o v v o a v s ' c C v es ' o a · s d os o cas ' ~e e · o d' o c a vo e ete o C ed't t s C 's ~e o e ov'd d b C' out rmance u e ' ess t t t s e v s e cu e so e w v u v om ov es s o ' e o c ee o a es s e a e s d sso t st u o ' u ' v ' e s s om co o t o ' S ' V e Delete stricken language; add*underlined lang.uage. LDC Pg. 2-127 2.4.4.1 ~ (2nd paragraph only) At least seventy-five (75) percent of the trees and fifty (50) percent of the shrUbs used to fulfill these requirements shall be native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and east of U.S. Mi~hwav 41. at least thirty-five ¢35~ percent of the shrubs used fulfill these re~uirements shall be native Floridiah species, as determined bv accepted valid scientific reference. In addition, for all sites, at le~ seventy-five ¢75) Percent of the trees and shrubs to fulfill these reauirements shall be drought tolerant species as listed in the XeriscaDe Plant Guide add Native Trees and Trees For South Florida fIFAS)~ References to be used in the nativ9 determination may include, but not be limited to: Delete stricken language, add underlined language. ' LDC pg. 2-129 Revise section 2.4.4.8, LDC, as follows prohibiting the following plant species: 2.4.4.8 Prohibited Species. The following plant species are prohibited. 2.4.4.8.19 Dalberaia sissoo (Indian 2.4.4.8.14 ~ucalvDtus SDD. (EucalYPtUS) 2.4.4.8.15 ~revillea robusta (Silk oak) This list shall be subject to revision as exotic plant species... Delete the stricken language, add the underlined language. 2.4.4.14 Landscape Berms. All perimeter landscape berms. over two ¢2) feet in height, shall mee~ or exceed the minimum standards as set forth hereig, All Grassed berms shall have side slopes no qreater than four to one ¢4:1). Berms planted W~h Groundcover and landscaping shall have side slopes no Greater than three to one ¢3:1~. The toe of th~ slope shall be setback a minimum of five rS) feet ~rom the edge of all riGht-of-way and DroDer~v lines. Existing native vegetation shall b~ incorporated into the berms with all slopes fully stabilized and landscaped with trees, shrubs, and Groundcover. Landscape berms shall not be placed within easements without written approval from all entities claiming an interest under said easement. Delete stricken language, add underlined language. LDC pg. 2-132 2.4.5.2 LandscaDin~ Reo~ired in Interior of Vehicular Use Areas. At least ten (10) percent of the amount of vehicular use area on site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees 'or to preservation of existing vegetation shall be landscaped with grass, groundcover, shrubs or other landscape treatment. One tree shall be provided for every ene two hundred fifty ~Se~ {2§0~ square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five (5) feet in width and one hundred fifty (150) square feet in area. The amount of reouired interior landscape area provided shall be shown on all preliminary and final landscape Plans. Delete the stricken language, add the underli~ed language. C56 , :134 LDC Pagee 2-132 and 2-133 2.4.5.4 c ~ An s~&ens~ area that is at least ~we seve~ percent ~%~ ~7%~ of the size of the vehicular use areas, shall be developed as green space within the front yard(s) or courtyards of shopping centers and The courtyards shall only be located in areas that are likely to be used by pedestrians visiting the shopping center ~e~t. The seven percent ~%~ ~ green space area shall be in addition to other landscaping requirements of this division, and may be used to meet the open space requirements (Sec. 2.6.3.2), and shall be labeled "Green Space" on all subdivision and site plans. d v ' v site. Green space shall be considered areas designed for environmental, scenic or non-commercial recreation purposes and shall be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, non-prohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains man-made water courses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and' any other similar items that the Development Services Director deems appropriate. Green space shall include: walkways within the interior of the green space area not used for shopping, a minimum of one (1) foot of park bench per 1,000 square feet of building area, and a minimum of one (1) tree for each }58 two ~ square feet of green space area. The green space area shall use existing trees where possible and landscaping credits will be allowed as governed by Table 2.4.4. The green space areas shall be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and seventy-five (75) percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. Delete stricken language, add underlined language. LDC page 2-133 2.4.6.1 ~esidential Cnon-multi-familv~ developments: One (1) canopy tree per ~hree thousand (3,000) square feet of lot area, or two (2) canopy trees per lot, whichever is greater, with the maximum number required: fifteen (15) trees per lot. Delete stricken language, add underlined language. 2.4.7.1 ~~_~1~_~D3~9~. The purpose and intent of establishing landscape buffering and screening is to reduce the potential incompatibility of adjacent land uses, conserve natural resources and maintain open space, protect established residential neighborhoods, and enhance community identity. In v V · t O V O la s v s' e s · v b v · v v' u v d u es · '- a u ' o v te e v · a o w s v t e t ~ In order to minimize negative effects between adjacent land uses, this dRivision promotes the use of landscape buffers and screens to eliminate, or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. Buffering refers to a strip of land separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. Delete the stricken language, add the underlined language. LDC page 2-134 Amend Sec. 2.4.7.2, 1st paragraph. 2.4.7.2 APPlicabilitY. The buffering and screening shown on Table 2.5 shall ~e. required under this s~ection and shall apply to all new developmentA end-~e dewe~opmen~-~ha~-=hanges-bH~d&ng-sqHa=e-~oo~age-~ expands-Yeh&eu}a=-~se-~=eesT-~o-~he-g=ea~es~-eM~en~ poss~ble.--These-pro¥~s~efls-sha~t-app~y-te-~he p=ew&o~s-ex~s~fl~-a~eas-es-we~-as-~e-~he-flew a=eas~ Existina landscaDin~ which does not co~Diy with the provisions of this section shall b~ brought into'conformity to the maximum e×t~% Possible when: the vehicular use area is al~r~d or expanded e×ceDt for restriDina of lots/drives. the buildina s~uare footaae is chanaed, or ther~ has been a disconti~uaflce of use for a Der~od of ninety (90% consecutive days or more and a r~q~S~ for an occupational license to resume busi~S~ ~ made. Delete the stricken language, add the underlined language. C56. :138 LDC page 2-134 2.4.7.2 (fifth paragraph only) The buffering and screening provisions of this Code shall be applicable at the time of Planned Unit Development (PUD), Preliminary Subdivision Plat (PSP) or site Development Plan (SDP) review, with the installation of the buffering and screening required pursuant to 2.4.3.5. ~ Delete the stricken language, add the underlined language. Amendment to Section 2.4.7.2, ~L~~, sixth paragraph. 2.4.7.2 (Sixth paragraph only) Landscape buffering and screening standards within any Planned Unit Development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The Development Services Director may approve alternate landscape buffering and screening standards when such alternative standards have been determined by use of professionally acceptable standards to be equivalent to or in excess of the intent of this Code. Whe~e-e-ee~d~e~a~-Use-~s zen~n~-d~s~et?-~he-geve~e~mem~-Serv½ees-B~ee~e~ mey-~equ~re-~he-me~e-~ees~ve-½ena-use-~e-~ms~a~ Bu~e~n~-am~-se~een~m~-Be~weem-~hese-uses~--?he q. Delete stricken language, add underlined language. LDC Page 2-134 Section 2.4.7.3 (New 2nd paragraph) 2.4.7.3 Water management systems, which shall include rp~pDtion and detention areas, swales, and subsurface installations, shall be permitted within a r~quired buffer provided they are consistent with accepted en~ineerin~ and landscaDinu Practice and the followin~ criteria' 1. Water management systems shall not exceed fifty percent f50%) of the square footage of any required side. rear. or front yard landscape buffer. 2. Water management systems shall not exceed, at any location within the required side, rear, or front yard landscape buffer, seventy P~rC~nt (7Q~) C~ the required bU~fpr width. 3. Exceptions to these standards may be ~ranted on a case bv case basis, evaluated on the followin~ criteria': a. Water management systems, in the form of dry retentio~ may utilize an area ~reater than fifty percent ¢50%) of the buffer when exis~iDg Dative v~eta~ion is retained at natural ~rade. b. For lots of record 10,000 s.f. or less in size, water manaaement'areas may utilize an area areater than fifty percent of the reauired side and rear yard buffers. A level planting area of least three (3) feet in width shall provided in these buffers. Sidewalks and ot~er imperv~gu$ a,~eas ~hall no~ occupy anv part of a reauired "Alternative A, B, C, or D" type buffer. DrivewaYs and sidewalks constructed perpendicular to the buffer and providin~ direct access to the parcel shall be permitted. Delete stricken language, add underlined language. LDC page 2-136 Amendment to LDC Section 2.4.7.4, Table 2.4, Table of Buffer Requirements By Lan~ Use Classifications. (Column $) 7 8 2.4.7.4 8. Industrial (I) A~ A~ Instruction= delete A2 from Column 7 and ad~ to Column a which will adjust the footnote "2" 1o that it appears under the correct column.) "i : Delete the stricken language, add the underlined language. 056 , :!42 LDc pg. 2-136 Table 2.4 9. Public Use (P)~ NOTE: Community Facility (CF) Zoning District was inadvertently left out of the Landscape Buffering Table. Staff requests that this district be included in the table with the same standards as the Public Use (P) district. Delete stricken language, add underlined language. LDC page 2-136 Revise Table 2.4, "Table of Buffer Requirements By Land Use Classifications", footnote 2, as follows: ~ Industrial (I% zoned property, where abut~.iDg I~dustrial fi} zoned DroDertv. shall be required to install a minimum.five foo~ (5') wide Type A landscape buffer adgacent to the side and rear property lines. This area shall not be used for w~ter management. This reduction in buffer width shall n~ aDDIV tO buffers adgacent to vehicular rights-of-way or non-industrial ~Qned proper%y, Delete stricken language; add underlined lan4uage. LDC page 2-139 2.5.5.12 Flags or insignias of governmental, religious, charitable, fraternal or other non-profit organizations. City, county, state or country flags that will be flown on a flag pole that does not exceed fifteen (15) feet in height above finish grade or extend more than ten (10) feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in Sec. 2.5.8.1,7 678}A?~ and the flag poles do not require ~ certified design~n~ amd or be sealed by a Florida registered engineer as described in sections 2.5.8.1.7 6?e}A~. Delete stricken language, add underlined language. LDC page 2-141 2.5.6.15 Wind Signs {except where permitted as Dart of Section 2.5.8.2, TemDorarv Sians]. Delete stricken language, add underlined language. LDC page 2-142 2.5.? ~. Within six months of ~he-da~e-e f[-enae~men~-ef.:-~h;~s-e~de ~ ~, or as otherwise expressly provided within Sec. 2.5.9, all signs expressly prohibited by Sec. 2.5.6, and their supporting structures, shall be removed, or, in the alternative, shall be altered so that they no longer violate Sec. 2.5.6. Billboards with an original cost of one hundred dollars ($100.00) or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to Sec. 2.5.9.3. Delete stricken language; add' underlined language. LDC page 2-143 2.5.8.1.3 Wall~ e~ Mansard. Canopy or ~wniDg Signs. One (1) wall~ ~= mansard~ canopy or awning sign shall be permitted for each single occupancy parcel, or for each establishment in a multiple occupancy parcel. Corner units within multiple occupancy parcels, or double frontage single occupancy parcels shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. Delete stricken language, add underlined language. LDC page 2-144 2.5.8.1.5 Ma~quee~,eanopy-e~-Awn~flg-S~gfls=--~n-add~½~-t~ afly-e~he~-s&gn-wh~eh-~s-e~}owe~-by-%h&s-e~d~fleneer one-~-marqueeT-eanepy?-or-awn~ng-s*gn-sha~-be ~r---g½gns-~eea~e~-en-a-maFqvee?-eamepyT-eF-awn~m~ een~e~n-}e~e=s-ne~-~ree~e~-~han-sSx-~nehes ve=~½ca}-d&mems½em-cBeve-~he-me=queeT-eenegy7 a~ewe~-~e~-eaeh-s~ng}e-eeeuganey-~a~ee½7-e~ ~e=-eae~-es~aB½~s~mene-~m-a-m~9}e-eee~emey Under Canopy Sion. In addition to any ~ber sion allowed by this Code one ¢1) under canopy sion shall be allowed for each establishment in a shop. iht center. This siqn shall not e~ee4 six (~ scuare feet in area and shell be a minimum of eicht (8'~ feet above ~inished trade. Delete stricken language, add underlined language. LDC page 2-145 2.5.8.2.2 CQD0truction Sians. One (1) temporary on-site construction sign may be permitted for each parcel, identifying the name of the development, company and general contractor, and other pertinent similar information which shall be removed at the time a certificate of occupancy is issued for the building or structure, or when seventy percent (70%) of a residential development is constructed and shall not exceed the following size restrictions: 1. Residential, industrial, commercial and institutional developments within all zoning districtse over 10 acres tn size: A temporary sign not to exceed sixty (60) square feet at each street frontage. 2. Temporary constru6tion signs shall be located not closer than th~=ty fifteen feet (3015') to any property line. Delete stricken language, add. underlined lang.uage. LDC page 2-146 2.5.8.2.6 Real Estate SiGns. One (1) temporary on-site ground or wall "For Sale", "For Rent, or similar sign within each front Yard for each parcel or lot in excess of ten (10) acres in size, may be erected subject to the following: 1. Residential, industrial, commercial and institutional developments within all zoning districts. 2. A maximum of sixty (60) square feet in size within each front yard. 3. Real estate signs shall not be located closer than ~h&~y fifteen (~e15') feet from any property line. 4. Real estate signs ~p to sixty (60) square feet are allowed for model homes subject to the other requirements of this subsection. 5. Real estate signs shall be removed when ownership has changed, the property is no longer for sale, rent or lease, or the model home is no longer being used as a model home. A sign advertising that a property has been sold or leased shall not be displayed for more than thirty (30) days after it .is erected. Delete stricken language, add underlined language. LDC page 2-147 2.5.8.3.4 · Directional or identifica~ion signs no greater than four (4) square feet in size, and located internal to the subdivision or developments may be allowed subject to the approval of the Community Development Services Administrator, or his designee. Such signs shall only be used to identify the location, or direction of approved uses such as models or model sales centers, sa~es six (6') feet in height, and twenty four (24} square feet in area. Such signs shall require a building permit. ~ Delete stricken language, add underlined language. LDC page 2-147 2.5.8.3.5 ~ ~. Directional or identification signs no greater than six (6) square feet in size,~ and located internal to the subdivision, may be'allowed subject to the approval of the Community Development Services Administrator, or his designee. 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. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six (6) feet in height, and sixty (60) square feet in area. Such signs shall require a building permit. For Delete stricken language, add underlined language. LDC page 2-148 2.5.8.6 Wall.eP Mansard~_~l~9~Y__~_A~llg_Signs Within Agricultural Distriots. Wall~ e~ mansard~ ~ signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Zoning Ordinance only, and subject to the following restrictions: Delete stricken language, add' underlined language. 2.5.8.6.1 One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double frontage parcels shall be allowed one (1) sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. Delete stricken language, add-underlined language. 2.5.8.7.2 No more than two (2) off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the ~ roadway serving such building, structure, or uses, providedl ~ha%-each o s S W Delete stricken languags, add underlined language. .' LDC page 2-151 2.5.12.1 General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy (see Sec. 4~ee2.5.5 for excep=ions) of any sign shall apply for and receive a building permit in accordance with Resolution 99-~4~91-642, prior to the commencement of any work. A building permit will be issued by the Community Development Services Adminis=rator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. '~i' Delete strtckon language, add underlined language. 157 LDC page 2-151 ' Amendment to correct typographioal errors, as followsl 2.5.12.4 Application Contents. In order to obtain a permit to erect~ Rlace, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an application shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: Delete stricken language, add underlined language. ,oo 56 , :158' 2.5.13.2.2 ~he-eommufl~%y-BeYe~opmen~-Se~Y~es-Adm~fl~s~a~o~? ~essee-~-~%he~s-pe~sofls-ma½fl~a~fl~flg-~he-s~gnT-o~ ½s-½oea%edr-wr½%~en-no~½ee-by-=eg&s~e=e~-e~ YeS-AR~-H£REB¥-NeT~P~B-THA~-THH-PeBBeW~N8 ¥~eBAT~eNs-eP-THE-eeBB~BR-ee~14TY-S~SN-~eBB-HA¥~ BE£N-B~SeeV~R~B?-¥88-MA¥~-?H~RT¥-~ge~-BA¥S-PRSM-TH~ BA?~-eP-?H~S-NeT~eB?-Te-eeRRBeT-ABB-ABO¥~-NeT~B ¥~e~AT~eNS~--sNe~-eSRR~eT~BT-YeS-S~ABB-eABB-TH~ eeMPB~ANe~-SER¥~e~S-SEeT~eN-ANB-ARRANSE-peR-AN ~NSPEeT~eN-eF-TH~-PARe~B=-~F-YeS-B~B~EV~-?HAT-AN ~RReR-HAS-B~EN-MABET-YeS-MA¥-F~B~-A-NST~eE-ep ~NT£NT-Te-APP£AB-W~TH-TH~-eSMM~14~T¥-B~V~BePM~NT S~RV~eE$-B~V~S~SNT-W~TH~N-P~PT~N-~}S~-BA¥S-ep R~eE~PT-eP-TH~S-NeT~eS=--PBEAS~-B~-ABV~S£B-THAT eSBB~£R-ee~T¥-MA¥-REMeYB-TH~-ePPENB~NS-S~SN-AT-TH~ EMP~RAT~eN-SP-TH~-TH~RT¥-~e~-BA¥-P~R~SB-~P-THB ¥~e~:AT~eNS-HA¥~-NeT-B~-eeRR~e~ES~--ABB-eeSTS-PeR $~eH-REMeVABT-SHABB-B~-eHAR6~B-Te-T~-eWN~RT-AS~NT eR-B~SS~E-eF-TH~-S~SN-SR-TH~-eWNER-SP-THE-PRSPERT¥ ~PeN-WH~eH-TH~-S~SN-~S-BeeAT~B= W s v v e e s s w Delete stricken language, add underlined language. 056 'i: LDC page 2-153 (cont'd) 2.3.13.2.3 (Note: this section remains unchanged.) p~oseeut~*~-be~e~e-She-eo~k~e~-eoun~y-eede Nots= This section will have to be renumbersd according12. ~ :' ~ :. Delete stricken language, add underlined language. ,oo 556 , :160 LDC page 2-155 2.6.1 Vi$IDILITY AT INTERSECTIONS IN ALL ZONING DISTRICTS. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of ~hree-~ee~-~ thirty inches ¢30"} and eight feet (8') above the centerline grades of the intersecting streets in the area bounded by the s~ee~ right-of-way lines of such corner lots and a line Joining points along said s%~ee~ right-of-way lines ~%y-~ee~-~48~ twenty-five feet ~25'} from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the ~h~ee ~ee~-~ thirty inch (30") and eight foot (8') clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name signs are permitted, so long as the sign or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. (See Sec. 2.4.4.15) "' Delete the stricken language, add tho underlined language. LDC pg. 2-~55 Insert new first paragraph: Sec. 2.6.2 Accessory BuildinGs and Structure~ 2.6.2.1 Location of Accessory BUildinGs and structurg~ For the purposes of this Section. tn order tO determine vard reGuirements, the term "accessorv structure" shall include detached and attache4 accessory use structures or buildinq~ notwithstanding the attachment of s~ch structure or buildin~ containing the accessory use to the principal use structure or buildinq, Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations: Delete stricken languagel add underlined language. LDC page 2-157 2.6.2.2 Accessory Structures ** On Waterfront Lots and Golf Course Lots 8. Boat Houses and SPS N/A 7.5' or 15' 10' Boat Shelters (Private) (See Section 2.6.21.5) 9. Utility Buildings SPS SPS SPS 10' 10' 11. Davits, Hoists and Lifts N/A N/A 7.5' or 15' SPS SPS (See Section 2.6.21.5) 14. Docks, Decks and Mooring Pilings N/A N/A 7.5' or 15' N~A N~A NOTEs Only those line items listed are to be amended. The absence of a line item does not indicate its deletion. Delete stricken language; add underlined language. LDC pg. 2-158 2.6.2.3 Limitations as to Size of Accessory Bu~ldin~s and Structures ~ccessory buildinas shall not OC~UDV an ~rea Greater that ¢5%~ of the total lot area in all residential zonina districts, or OCCUDV an area Greater than forty percent ¢40%~ of any build,ha envelope (i.e.. area of lot remaining'loT bu~ldin~ purposes after accounting for reauired setbacks~. whichever is ,the lesser. Provided.the total maximum coverage provision of this Ordinance for all principal and accessory buildin~s is not exceeded. Nothinq herein contained shall serve to prevent the CQnstru~tion of an accessory building containin~ an area of less than 500 square feet provided all yard and buildin~ smacin~ requirements can be met. Delete stricken language, add. underlined language. LDC Page 2-158 ~.6.4.1.9 EXcePt as otherwise Provided by this Land DeveloPment Code. when lots on both sides of an undeveloped recorded lot contain a residential structure whose front yard setback is less than now recuired, the average of the setbacks of %wo conti~uous develoDed lots shall ser¥~ establish the minimum front yard requirement for the vacant lot. Delete strtcken languageI add' underlined language. LDC Page 2-161 Amend existing language to the following: 2.6.7.1.1 Au~eme~&we ~vehicles or trailers of any type without current l~cense plates, whe~e-~e~ed by--~ew7 ~ Code. shall not be parked or stored on any residentially zoned or designated property, including the E-Estates District, other than in ~ completely enclosed buildings. Delete stricken language, add underlined language. SEC. 2.6.9 ~. Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate Jurisdiction. Essential services are allowed in any zoning district subject to the following conditions: 2.6.9.1 ~. The following uses shall be deemed permitted uses in any zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switching stations, cable television, electrical transmission and distribution lines, substations, - w sewage lift stations, water pumping stations, individual p_[~ate wells and septic tanks, and similar installations necessary for the performance of these services. Furthermore, governmental facilities shall be permitted uses in commercial, industrial, agricultural, recreational and estate zoned districts. 2.6.9.2 ~. The fDllowing-uses shall be deemed conditional uses in any zoning district: electric or gas generating plants, ~f~ ~ sewage treatment plants, including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities in residential areas, ~ ~ =ommun&=a~&~n-~we~s, safety service facilities, and other similar facilities. Delete stricken language, add underlined language. LDC pg. 2-166 2.6.11.3 ~. FOr the purposes of this section', agricultural districts Shall include: A-Agricultural: E-Estates~ and CON-Conservation Districts. Fences and walls within agricultural districts shall be exempt from height and type of construction? ~ Delete stricken language, add underlined language. LDC pages 2-178, 179 2.6.26.1.2. 4. SeDara~ion Re~uirements b. A new ~roup Ca=e Facility shall be required to be located greater than a radius of 58e five-hundred feet (500'% from any other existing Group Care Facility (applicable to the A, Estates, and RSF 1-5~ zoning districts). 2.6.26.2 Care Unit~A Care Unit shall be aoverned by the development standards identified in the zoning ~trigt assianed to the property and the followin~ standards: 2.6.26.2.3 P~rkin~ Recuired~ Two '~2~ Darkin~ spaces Der five [~ beds. (Minimum recuirement:two (2) Darkin~ spaces%. 2.6.26.2.4 ~pecial Setback Re~irements~ No structure shall be er~tgd within twenty f~et (20'%-of any abuttinu ~O~ ~r p~rcel which is zoned residential.'nor within twenty-five feet (25'~ of a road richt-of-wav. 2.6.26.2.5 LandscaDin~ Re~uiremgnts: As recruited in Div. 2~4~ Delete the stricken language, add the underlined language. LDC pg. 2-179 2.6.27 CjustER HeUS~N6 ~ ~ERe-~eT-B~NES~. 2.6.27.1 Purpose and intent. The purpose of cjuster housing v~ is to provide for a unique and innovative alternative to the conventional residential development in the ~ ~ Districts by creating a more varied, efficient, attractive, and economical residential development containing a more usable pattern of open space. It is intended to implement the Growth Management Plan by, among other things, encouraging compact urban growth~ and discouraging urban sprawl, and v 2.6.27.2 Applicability. This section shall apply to all parcels of land under single ownership within the ~ a zoning districta which permits cjuster hous~n~ ~ By 2.6.27.3 Conditional Use Requ~ed ~ deve½opmen%-~n-%he-app~op~½a%e~o~fl~-d~s%~%v The conditional use application for cjuster ~ shall be supplemented with a conditional use conceptual plan which shall at.a minimum depict the following: 1. The overall development plan of the site showing: individual lots and their square footage; et · buildings and their square footage; rights-of-way; parking areas; amounts and location of common open space intended for recreation or public use; and natural features such as but not limited to, stream beds, significant strands of trees and wetlands. The development plan shall, in addition,'state and acknowledge %hat all regulations and requirements of the zoning district in which the proposed cjuster ho~s~ng ~ is located, except as modified by the application of this section to the development plan, have been complied with. 2. A description of the means by which the common open space will be maintained. Delete the stricken language, add the underl'ined language. LDC Pg. 2-179 Section 2.6.27 (cont'd) 3. The availability and provision of central water and sewage facilities to service the site. 4. Additional information as may be required by the Development Services Director to insure compatibility of the proposed cjuster ~jLg~with the regulations and intent of this section. 2.6.27.4 Cjustering Standards. Conditional uses approved for cjuster h~us&mg ~ may reduce the lot area, lot width, and yard requirements within a zoning district subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of thm residential zoning district in which the cjuster heHs&ng ~ is located shall be used as the basis for all computations of allowed reductions. m~-hav~ng-es~a~shed-m~mmm~A~%-ereas?-~e% er-%w~-~am&}y-a~gaehe~-~we}~&mgs?-~he-RSP-6 B&s~&~%T-~&mems&e~a~-s~am~er~s-she½~-app~y~ The following reductions ez~-&m=~eases in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be permissible pursuant to the grant of a conditional use for cjuster h~us&mg ~ 2.6.27.4.1 Maximum Density. The maximum allowable gross density in any cjuster heHs~ng development shall not exceed the maximum allowable gross density of the residential zoning district in which the cjuster h~,s&mg development is located. ~6,~Z Minimum Lot Area. The minimum lot area in any ~ cjuster he~s~mg development may be reduced to no less than three thousand (3000) square feet for each single family dwelling unit.' ~.i Delete the stricken language, add the underlined language, i/ LDC Pg. 2-179 Section 2.6.27 (cont'd) 2.6.27.4.3 Minimum Lot Width· The minimum lot width in any cjuster ho~s&ng development may be reduced to no less than forty feet (40')~ w e ~T6T~T4T~ M~n~mum-Bo~'eoYe~ageT--The-m~x~mum-a~ewab~e-~e~ eeve=e~e-&n-any-c~s~e=-heus½ng-may-be-~ne=eesed-%e ne-me~e-%hem-s&~%y-De~eent-~6e%~? 2.6.27.4.~A Minimum Yards. The m~m~m~m front, side and rear yards may be reduced ~ -by-.p-ee-ewen~y pereen~-~e%~-e~-ehe-m~n~m~m-yar~-=e~u~remem~s-~e= he~s~n~-½s-~eea~e~--When-shewn-em~-e~p~eved-em-%he ~we~n~-~n~s~-e~-~n-~he-ease-e~-s~e-~am~ e~ache~-~we~n~-~n~s?-e-eemmen-wa~-eemceD~-ma~ ~e-emp½eMe~--~n-e~%he~-ease?-%he-~eme~m~m~-Ma~ she~-~e-e~a~-~e-~he-~m-e~-%he-~e~ed-s~e m~n~m~m;-e-~h~ee-~ee~-~-aeeess-eesemen~-~em ma~n~emenee-p~peses~ p~epe~%~-½~nes? 4~ ~he-m~n~m~m-~en~-ya~-~e~emen~s-sha~-~e $? '~n-ne-e~se-sha~-~he-seDa~a~en-~e~weem ewe~Ye-~ee~-~ · o s o m w Delete the stricken language, add the underlined language. ~. LDC Pg. 2-179 Section 2.6.27 (cont'd) d o e a ut al b c d u w't · o ov s s o b ve v v ~6~4=65 Common Open Space. 1. Ail deductions in the minimum lot area, lot width and yard requirements below that which would otherwise be required within the district in which the cjuster h~Hs½n~ ~92Z~ is located shall be required to provide an equal amount of common open space within the same phase .and general area of each cjuster of homes in the development ~ d v 's o ehav b st s Delete the stricken language, add' the underl'ined language. LDC Pg. 2-179 Section 2.6.27 (cont'd) 2. Common open space shall be reserved for recreational uses. 3. Any commercial uses recreational facility subject, to membership, registration, fees, or aimed at attracting outside users, shall not be counted as open space. 4. The sale~ lease., or other disposition of common open space shall be prohibited except to.a non profit corporation or homeowners association or ~ established under the laws of Florida to administer and maintain the facilities subject to a deed restriction acceptable to the County to limit the use of said property to common open space. Provisions shall be included to assure the continued maintenance of the common open space area. 5. Access rights to common open space for all residents within the cjuster development shall be guaranteed. 6. Land utilized for common open space shall be restricted to common open space in perpetuity by appropriate legal instruments satisfactory to Collier County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form. ~ a d v o Cou t o ss o e s de ' i t e o Co o c ' e e m Ss O S O W S' U U S U U S ' Delete the stricken language, add the underlined language. LDC pg. 1-179 Section 2.6.27 (cont~d) 2. ~ec~ shall have a sionatur9 v ~ Delete the stricken language, add the underlined lang,.age. LDC page 2-183 2.6.28.17 ~. In addition to the retail dispensing of automobile fuels and oil, only the following services may be render and sales made except as indicated= 2. Sales, mounting, balancing and repair of tires and wheel alignments, but not recapping e~ re~reov&~ of w~ee~s 5. Washing and polishing ~ and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory u~e but this provision does not allow car washes ~ w 16. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam e~ea=~n~ ~, painting, welding, storage of automobiles (except as expressly permitted in Item 17 below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, am au~e-de%a~-sh~pT or a truck stop. 18. Convenience grocery stores selling motor fuel must conform with all provisions of Section ~T6T~9 2.6.28. Delete stricken language; add' underlined language. LDC pg. 2-184 SEC. 2.6.30 ~. At the time the Board of County Commissioners approves a zoning request to Planned Unit Development (PUD) or ~ ~ at the time tho Board of County Commissioners approves an amendment, any residential project which will have a community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the Board of County Commissioners. The Board shall consider the recommendation of the Supervisor of Elections in reaching such determination. Th½s requ~emen~-sha~-app~y-~-a½~-~es~ent~a~-~e~ee~s h~me-~eYe~pman%s~ If the ~ PUD or a residential project w&~h&n-~he-P~B is a "private" development with a restricted and/or monitored entrance which limits access to residents of'that development, their guests and nacessary maintenance workers, a polling place may be required by the Board. to be provided in any community recreation/public building/public room or similar facility, however, the controlling entity of that private development may limit the use of the polling places to the residents of that "private" development. This commitment shall be' guaranteed through the following mechanism: An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreemeht shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. The commitment also shall be included within the PUD document. Delete the stricken language, add the underlined language. LDC pg. 2-184 Section 2.6.30 (conrad) The Supervisor of Elections is responsible for arranging use of said community recreation/public building/public room or other common facility for a polling place with the entity who controls said common facility prior to the election. Delete the stricken language, add the underlined language. 2.6.33.1 Purpose and Inten~, Based upon the nature of some uses, their impact on adjacent uses~ am~ their compatibility with surrounding properties, and the length or.time a use is intended to function, there is an identified need to allow certain temporary uses on the ~ development site within zoning districts that would not otherwise provide for the use o~-~he-deve~epmen~-s&te~, and to Provide for other tvDes of temporary uses such as community events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting, administration and control. Delete stricken language, add underlined language. 179 LDO pg. 2-187 2.6.33.4 Temporary Construction and Development Permits. 1. Temporary offices to be used for construction and~ administrative and sales functions within the development. Delete stricken language; add underlined language. LDC pg. 2-186 2.2.33.6 Temporary Sales~ In the case Of temnorarv sales, such as ~rand oDeninas. ,oinG out of business sales .' special promotional sales, or other similar uses Ce×clusive of Garaae sales, lawn sales and similar Private home sales), the Community Development Services Administrator. or his desicnee, may ,ra~ non-renewable permits of UD tO two weeks duration. such that during any calendar year the ~um total of all permits for such events does not ewceed twentv-eicht ¢28) days. TemDorarv Permits may b~ allowed for UD to an additional four ¢4) weeks when approved bv the Board of County Commissfoners. Such special approval shall be subgec~ %0 stipulations or additional constraints deemed necessary and appropriate to the reGuest, Such stipulations or constraints deemed necessary bv Board of County Commissioners shall be DOted as conditions to the issuance of said permits, aD~ Dermitee shall be recuired to sign a notarized a~reement to said stipulations or constraints. In the case of Christmas tree or other similar seasonal sales, the Community DeveloPment Services Administrator. or his designee, may ,rant.~ non-renewable five week permit. 2~ Temporary permits may. in SUDDort of the being Permitted. include the placement of merchandise, structures and eGuinment, and mobil, homes as an office, but not for residency. I~ temporary use is not discontinued UDon expiration of the permit, it shall be deemed a violatio~ Of the Zoning OrdinanCe and shall be sub%ect to th, penalties therein. 3) Temporary sales mermits shall be restricted to those zoning districts in which the sale of items would normally be nermitted. Further. issuance of a temporary sales Dermit shall no~ issued for undeveloDed properties th~ do not Dossess appropriate methods of ingress and e~ress, contain improved and ade,uate Parking facilities. li~htin~, landscaDin~ and bufferinG, and structures, merchandise, or placement and Parking of vehicles used in con~unotion with the temporary sale do not conform to the minimum Yard re,uirements of the district in which it ~ located. In making such approval, the Zoning Director may Delete stricken language, add underlined language. stimulate the followina reauirements as he deems ~pDromriate in the case: Traffic safety measures. Additional Darkina reauirements. Limited activity hours. (d} Watchmen. fencing, liahtin~. Sanitary facilities. A f~ithf~l Performance bond to quaran~ee compliance with the condtions of the Demit. Garaae Sales: In the case of ~ara~e sales, lawn ~ales and similar mrivate home sales, the Zonina Director may issue a two (2) day permit for such events durin~ each six (6) month period. Such pgrmit may include the use of temporary signs ~Qgate~ on the property where the sale is being held. No signs shall be placed in any Public ri~hts-of-wav. If the temporary use is not discontinued umon e×Diration of the Dermi~, it shall be a violation of the Zo~in~ Code and shall be subject to the penalties herein. Delete stricken language, add underlined language. "; '~"'.' 2.6.33.7 ~gtion Picture;Television Production Permit% 2.6.33.7.1 Permit Reauired: ,No person, firm. corporation or ~Q~iation shall take still or movina Pictures on private property or property owned by or under the g0ntrol of Collier County without first havin~ obtained a Dermit. A permit shall be required for ~he fQllowinq: the use of set scenery, temporary structures, li~htin~ e~uiDment or other apparatus. ~pecial effects, or closure of Public streets or access ways. This Code shall not aDD1V to bona fide newspaper. Dress association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filmina as a permitted use. ~,6.33.7.2 ADDlication for Permit: Contents. A~v person, firm. corporation, association or covernmental entity desirin~ to obtain a Permit shall aDDlV to the Zonin~ Director: and said application shall include but not be limited to the followin~: 1. Name. address ¢includin~ local address).and telephone number of applicant. 2. Proof of comprehensive ~eneral liability insurance coverage in the amount of at ~east one million dollars f$1.000.000.00) combined sinale limit, with Collier County named as an additional insured. 3. Special effec%s to be utiliz~d, esDecia11v incendiary or explosive devices, with not less than five million dollars ($5.000.000.00~ comprehensive ~eneral liability insurance combined sin~l~ limit with Collier County listed as additional In addition, the application shall lis= the person in charge (DvrotechniciaD) Of such special effects, to~ether with his ~ualifications and licenser by the applicable federal and/or st~te..ag~DG~es, and authorization from the local fire district mermittin~ the ev~Bt, 4. Locations. dates and hours of filming scene to be filmed. Delete stricken language; add underlined language. :183' LDC pg. 2-186 2.6.33.7 (conrad) u 11. ess s -w ~ v Delete stricken language; add underlined language. ::"' LDC pg. 2-188 Sec. 2.6.33.7 (conttd) v v ew u v v s v $ a C 'W o d e a C wa · n s ved c · e O W O · t e a t Delete stricken language; add underlined language. 556 , :185 LDC pg. 2-186 SeC. 2.6.33.7 (cont'd) e - m a u S V S S e a U 0 %4 0 W ' ~ .. 0 U -- e Delete stricken language; add underlined language V 0 ' ~ ' u Delete stricken language, add underlined language. ~oo~ ~5§~.187 'i LDC page 2-189 SEC. 2.6.35 COHMUNICATION TOW~ 2.6.3§.1 PurDosS and Intent. This section aDDlies to specified communication towers that SUDDor~ anv antenna, desiqned to receive or transmit electromagnetic enerGY, such as but not limited telephone, television, radio or microwave transmissions. This ~ection sets standards for construction and facilities siting: is to minimize where aDDlicable adverse visual impacts of towers and antennas through careful design, sitinq ve~etation screeninG: to avoid potential damage to adgacent properties from tower failure: to maximiz~ the use of specified new communication towers and thereby to minimize need to construct new %Qwers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; and to consider the concerns of the Collier County Mosquito Control District as to aircraft safety, 2.6.35.1.1 Sub4ect to qeneral law. provisions ~n deed restrictions and private restric~ive covenants supersede this section'to the extent they are more restrictive. 2.6.35.2 Definitions. As used herein "antenna" does not include wire antennas. A "tower" is a structure for the Drimarv DurDose to raise the height of an antenna. An "antenna structure" is a base. stan~, or other method of stabilizinq an a~enna but the primary DurDose iS other than raisin~ the height of an antenna. '"Effective radius" ~e~Ds a radius of miles from the respective tower unless a lesser radius is approved. "Lesser effective radi~$" means an approved radius of less than 6 miles. "Zoninq district" includes areas within Planned Unit Developments CPUD) that have density re~uirements similar to those specified in this section. "All". "any". and "each" means exemD~ and non-exempt towers, structures, and owners unless the context clearly indicates otherwise, b~ does not include old towers or old sites e×ceDt in subsection 2.6.35.6.13 related to inspections, "old" tower or site means a tower or site that approved prior to the effective date of No. 91-84, A "new" tower or site means a tower Or site that requires'approval under this section, An "approved" tower or site is a tower or site that was approved under Ordinance No. 91-84 or is Delete stricken language, add underlined language. V' W W , U S e V 0 e ~ v' v ' ~ se o we w e a a v 'v ' os d ten e w v w w s t t e n o t t o es ses s a o co Delete stricken language, add underlined language. s u t v ~ · S u s s b os e t t e V a ' eac s c v ~ W U S Delete stricken language, add underlined language. ~pproximation of the costs of such chanaes, If the costs of the reouired chanoes are financially impracticable, such tower shall be deemed unavailable to the applicant. ~.6.35.3.4 The applicant shall contact the owner of each Possibly available approved tower to reouest the needed information. To enable the tower owner to respond, the applicant shall provide the fo[lowinG information regarding applicant's proposed antenna and eouipment= 1. All output frequencies of transmitter. 2. Type of modulation, polarization of radiation. and Proposed use of antenna. 3. Manufacturer. type. manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifica- ~ons. .. 4. Power input to antenna and Gain of antenna in decibels with respect to an isotopic radiator. · 5. ~pGe ~D feet of maximum and minimum height of antenna above base of tow~] 6. A list of necessarY.ancillarY equipment and description of type of transmission cable to be used. 7. Any other pertinent information needed to ~Dable the owner to respond in fgll t~ the inquiry. Z.6.35.4 Shared Uss of Tower sites. A tower with a. hei~h~ i~ excess of 185 feet above natural grade ~ball Dot be approved in Collier County on a new tower site unless the applicant demonstrates that the proposed tower, antennas and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any ~overnment or leased to any ~overnment are exempt from ~bes~ ~hared us9 provisions except to other governments. ~.6.35.4.1 ~ceDt as to each old ~ite or approved ~t~ determined by the County Manager or in a shared U~9 plan to be unavailable to the applicant, the applicant shall contact the owner of all o~ber conforming old sites and approved tower sites within the effective radius, containing sufficient Delete stricken language, add underlined language. land area to possibly accommodate the needs of th- aDmlicant. Z.6.3§.4.2 For each such possibly available tower site the application for a new tower site shall not be complete without the following information: 1. Identification of the nroDosed new tower site ~v coordinates, street address or legal ~escrintion, area. existing uses. tOnoGranhv, and significant natural features. 2. Evidence that no old and no approved tower Site Within the effective radius can accommodate the applicant's needs. If the owner of an old tower site does not respond to applicant's simple letter of inter~st inauirv within 30 days, or the owner of an old tower site will not rent land to accommodate aDDli'cants needs for a reasonable Period of time at reasonable rentals, such old ~ower site shall be deemed unavailable to the ~pplicant. ~.6.35.4.3 The applicant is not rgauired ~O. suDDlv this information to owners of conforming old sites unless the old site appears to be available ~pplicant by a shared use plan or the site's owner has responded nOSitivelv tO the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of an? tower on the site) with th~ dimensional characteristics and o~her relev~D~ about the tower, and a report from a professional 9Dgineer licensed in the Sta~9 of Florida, or other aualified expert, documenting the followina~ 1. Tower height and design, includin, technical, engineering and other pertinent ~overninG the intended uses and selection, of the Dronosed design. An elevat~gn and a cross-section of the tower structure shall be included. 2.Total anticipated capacity Of the tower, including number and types of antennas needed transmission lines, accessory use needs including specification of all recuired ancillary eGuiDment, and re,uired building marking space to accommodate same. 3. Evidence of structural inte,ritv of the DroDosed tower as required by the Building Delete stricken language, add underlined language. 2.6.35.4.4 w w w e 2.6.3§.4.~ e s v o et w ' s s · sta o ow o s o v v u v v a ~ v we' v 2,6,35,5 w ' d' x c w e s w' Delete stricken language, add Underlined lan'guage. V OW , - . 11 ; "__-_. - -. ' . v a e t ava ab ss a w W OW S 13 a V - ~~ _ - .1-_ , - J-: ' -- : - ~ -- - -~ -~ I -" : '- -- - ~ ~_ - _] ;., . ~ - . _ , - ] - ~-. ~ _ ~= . ; ~ ~ .... ~ : - c --V , :. _ - -~ U - .',. I _S_ V _b .t ~, ~ .. _ .-- ~ W- :. _ __le ~ -~- - - .-- :: :.: s d v w' _- ~ _ ~ - - - -_- _ i _ - .- : - - T1 '_ a- ~ =. '- S- V- - - ~-- Z, - :.. -~ . ~ . _- ,- - · _ -- _~_. · - :~ _. - . 1 -. _ -. _-- _, _ ~ v 2, 'e - .v~-- :_ : _-'~ --, ---_ ? _ . ;% _ . - _ , "-, :W? -' -. -~1- . - , _ _.. -- ,, ,. ~ ~. - - 0 Delete stricken language, add underlined language. "&~i"": %~wers. whether or not conforming and new towers aDd;or tower sites that are conforminq at the date of approval of the initial shared use plan and;or any amendment thereto may proceed in accord with the approved plan irrespective of the fact that the tower and;or tower site is then non-conformin~. The inten~ Of this mr~vision is to ~randfather tower~ and;or new tower sites against a D~onformin~ status to the extent that :uture capacity, includinq accessory structures, is provided for in the shared use plan. If the initial shared use plan or amendmen: to a shared use plan requires approval of the Board of County Commissioners and it appears that the site is threatened to become non-conforminG for the intended use. the Dendin~ non-conformity will b9 a material element in deciding whether to approve or deny the application f. gr the shar~ ~9 plan amendment, Notwithstandin~ anvthin~ to the contrary in ~Dv Collier County Ordinance? a~y non-conformin~ tower that is destroyed by any means to an exten~ of mor~ than fifty percent of its actual replacement cost.~ th9 time of destruction, as d~termine~ b~ a cost estimate submitted to the Zoning Director, shall not be reconstructed or repaired without conditional use approval. Notwithstandin~ anvthin~ to the contrary in any Collier County Ordinance. includinq an~ provision of Division 1.8 of the Land Development Code, a non-conforminG ~wer and;or accessorv structures may be volu~tarily reconstructed in any zoning district at site sub4ect to the conditional use procedures of the Land Development Code provided such reconstruction complies with Section 1,8,3,1, The extended useful life of the tower and;or accessory structures that will result from reconstruction shall not be construed to be an enlargement, intensification, inGrease or extension of the non-conforming use. After non-conforminG facilities and;or..~gces$orV structures are reconstructed under conditional use authorization, such facilities and;or accessory structures shall be deemed to have a conditional use permit under Section 1.8.~ the Land Develomme~ code, Delete stricken language, add underlined language. 4. Filina Shared Use Plans. Each approved shared use plan shall be filed and recorded in the office of the Collier County clerk of Court~ prior to any site development plan approval. A copy of the initial shared use plan shall filed with and approved by the countv~M~Daqe~ prior to conditional use approval. 5. Shared Use Plans for Old towers and Old Tower Sites. Initial shared use plans and amendments for old towers reGuire approwal of the County ManaGer. Initial shared use plans and amendments for old tower sites require approval of'the Board of County Commissioners, except where an amendment reduces site antenna capacityL 2.6.35.5.2 Transmitting and receiving eauipment servina similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a ~roup can operate approximat~y e~ual to other users in the ~roup utilizing substantially similar equipment. 2.6.3§.5.3 Once a shared use plan ~or a to'er is approved, a~ltional antennas may be added to .~hat ~Qwcr in accord with the approved shared use plan withou~ ~dditional conditional use approval 9vgD ~ tower is then a non-conforminG struG~gre. The shared use plan shall be immediately updated to reflect each such change. Likewis~,..PDq~ a DeW .~hared use plan for a tower site. is approved, additional towers and accessory buildin~s and may be added to that site in a~cord with the plan without additional conditional use approval even the site is then non-conforming. The shared us9 plan shall be immediately up-dated to reflect each chanQe. 2.6.35.~,4 For each tower with a heiQht in excess of 1~5 that is approved, the tower owner shall b9 required, as a condition of approval to file ag ~pproved shared use plan except when a ~overnment tower is approved to be perpetually unavaila~9, To the extent that there is capacity for o~her antennas on the tower, the plan shall commit tower owner and all successor owners to allow shared use of the tower in accord with the shared ~sg.plan for antennas of others at reasonable ra~es. The initial proposed rates for a range of reasonable rates~ shall be specified in the shared us~ plan and shall be amended each time the rates Delete stricken language, add underlined language. · are chanaed. When antenna space On a tower is rented to others, each rental aareement shall be filed with the shared use plan. An¥..sareement that purports to reserve antenna space for future use ~Us~ be approved by the CQuntv Manager. 2.6.35.5.5 ~or each new shared use tower site that i~ approved, the owner shall be reauiredo aa & condition of approval, to file an approved shared use plan except as to a oovernment site that is ~pproved to be perpetually unavailable. If there is ~nd availab%e on the ~lte to accommodate additional towers add accessory facilities the plan shall commit the land owner and successor owners to accommodate such additional facilities on the site a: reasg~able rent$, To the extent practicable. the proposed rgnts (or a range of reasonable rents1 shall be specified in the shared use plan. When land is rented for facilities on the site. the rental a~reement shall be filed with the shared use plan. AnY a~reement that purports to reserve land for future use of tower and other facilitv'space must be approved by the County Manager. ~,6.35.5.6 ~ach new'tower owner or site owner, as the ca~e may be. shall a=ree as a condition.of approval to respond in wri~in= in ~' comprehensive manner within 30 days to each reauest for information from a potential shared use applicant. Government owners- need to reply only to requests from another gQvernment. TQ the extent that correct and up-to-date information is contained in an approved shared use plan. the owner may refer the applicant to the shared use plan for the information. If th~ shared use plan is incorrect, incomplete, .0= otherwise not up-to-date, the respective owner shall in the response specify in detail such information and shall immediately brin= the shared use plan uD-tQ-~tg, 2.6.35.5,7 The tower owner or site owner, as the case may be. shall as a condition of approval ne=otiate in =pod faith for shared use of tower space and/or site space by applicants in accord with its shared use plan. 2.6.35.5.8 All conditions of approval re~ardin~ a tower shall run with the ownership of the tower and be bindin= on all subse=uent owners of the toweF, All conditions of approval re~arding an approved tower site shall run with the land and be bindina on all subseauent owners of the tower sitgt 2.6.35.6 Development Standards for Commun~cation Towers. Delete stricken language, add underlined language. 2.6.35.6.1 Except to the extent that amateur radio towers, and gFo~nd mounted antennas with a height not to exceed %wentv (20) feet. are exempted by subsection 2.6,35.6.25 herein, no new tower of any heiqh~ ~hall be permitted in the RSF-1 thru RSF-6. RMF-6, and E-Estate zoning districts. However. Dotwithstandin~ other provisions of this section, includinq ~he separation requirements of Subsection 2,6,$5,6,6 below, towers may be allowed to any height as a conditional use in the E-Estate zoning district only on sites approved for a specified essential service listed in subsection 2.6.35.6.3. below. There shall be no variances to this sub~ection exceot for variance aoolications bva government for a ~overnmental use. 2.6.35.6.2 Permitted Ground Mounted Towers. Towers not exceeding the stated maximum heights are a Permitted use sub4ect to other applicable provisions of this section, includin~ separate re~uirements and shared use provisions. Towers that exceed these specified maximum heights require conditional use approval. 1. All commercial and industrial zoninq districts. Any tower UD t° ~eventv-five f75) feet in height is a permitted use. Any tower that exceeds seventy-five (75) feet in he~qbt uo to a heicht of two hundred (200) feet is a permitted use only if the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 thru RSF-6. RMF-6. E. RMF-12. RMF-16, RT. VR. MH. TTRVC, or PUD zonin~ of six (6) residential dwellinq units or less. by a minimum distance i~ feet determined by multiDlvinG the height of the tower (in feet) by a factor of 2.~, {The minimum separation distance is tW~ and one-half times the height of the ~ower), Towers. which do not meet the separation re~uirement may aDDlv for a variance in accordance with Section 2.7.5 or a conditional use in accordance with Section 2,7,4, 2. AGricultural zoning districts within the Urba~ designated area. Towers not exceeding tw~ hundred (200) feet, 3. A~ricultural zoninq districts within the Rural designated area. Towers not exceedinq tw~ hundred and eighty (280) feet, 4. All a~ricultural zoning districts, NO tower Delete stricken language, add underlined language. shall be allowed on any site comprisin~ lesm than twenty' f20) acres under common ownersh~n o:¢ontrol except on conditional use sites,_ where towers can be approved as a conditiona! use on sites of less than 20 acres, 2.6.35.6.3 Essential Services - Specified Conditional Uses. Except in the RSF-I throuoh RSF-6. and R~F-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use - essential service for any of the followin~ qgD~[tional uses: safety service facilities includin~, but not necessarily limited to. fire ~tions, sheriff's sub-station or facility, emergency medical services facilitY, and all other similar uses where a communications tower could be considered an accessory or lo~ically associated use with the safety service conditional use on the site. 2.6.35.6.4 New towers shall be installed only on rooftops in the RMF-12o RMF-16. RT. VR, MH and TTRVC zoning districts. Except, however, that ~round mounted monopole communication'towers up to 150 feet in height above the natural ~rade.. including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 2.6.35.6.5 Eooftop towers, antenna structures and.~enna~, 1. Rooftop towers, antenna structures and antennas are allowed in all zoning districts except the RSF-1 thru RSF-6, RMF-6, and E-Estate zonin~ districts. Rooftop towers, antenna structures an~ antennas are, as specified, subJe~ to the followin~: a. Permitted Uses. Rooftop structures and antennas are a permitted use up to a height of 20 feet above th9 maximum roofline provided the height of the maximum roofline is 20 feet or more above the average natural ~rade. If the maximum roofline is less than 20 feet above the average natural ~rade. ag antenna structure_ or .antenna is a permitted use up to a height %hat e~uals the distance from the average natural ~rade to the maximum roofline. For Delete stricken language, add underlined language. example, if the distance from the averag, natural Grade to the maximum point of th- roofline is 15 feet, an antenna structure aDd;or antenna is a permitted use ~D to a heiaht of 15 feet above the maximum r~ofline. Any antenna structure, tower oT antenna that exceeds its permitted use hgiqht as Provided herein shall reauire ~nditional use aDDroval and the maximum a~gwab~ height of the structure, tower, and all antennas shall be determined in each Specific,case. Distance from RSF-1 thru RSF-6, and RMF-6 zonin~ districts shall be a ma~or consideration in ~etermininG the allowable height of rgoftop facilities. b. Towers and antenna structures shall be get back from the closest outer edge of ~be roof a distance not less than ten (10~ Dercent of the rooftoD length and width, but not less than 5 feet, if the ~ntenn~ ~an function at the resulting ~ocation. c. Antenna strudtures'and dish tVDe ant~Dnas shall be painted to make them unobtrusive. d. E×ceDt for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of amy e~terior wall. 9. Where technically feasible dish tvDe antennas shall be constructed of omen ~sh design. f. Where feasible, the design elements of the building (i.e.. parapet wall, screen enclosures, other mechanical eGuipment) shall be used to screen the communications tower, structure, and antennas. ~. The building and roof shall be capable Of sUPPOrtinG the roof mounted antenna, structure and tower. h. FO rooftoD shall be considered a tQw~ site. This section does not require any sharing of any rooftom, rooftoD tower Or antenna structure~ Delete stricken language, add underlined language. 'we %, S s - t -6 - s S V W ' 14 v w d u 0 t W S u t S be c s' v w w - w V %/ ' a u w v w ~ c 0 0 C n o e e e u' e u o U' t eco e o W s co o t e s o a S W' a Delete stricken language, add underlined language. V ' a t w c d o - e ~ w w W V s ns e eom d e a t w' u 1. w tu - d 2. W - V 5. U ' w ~ eac s' c o e t ' e out a Delete stricken language, add underlined language. of the respective inspection veer, If the report recommends that repairs or maintenance are reauired, a letter shall be submitted to the County Manaqer to.verify that such repairs and/or maintenance have been completed, The County sh~l have no responsibility under this section re=ardiDg ~uch repairs and/or maintenance, 2,6,35,6,15 AnY tower that is voluntarily not used for ~Qmmunications for a period of one year shall be removed a~ the tower owner's expense, If a tower is not removed within three ~3) months after one veer of such voluntary non-use, the County may 9brain authorization to remove the tower and acce$~orv items from a court of competent Jurisdiction, and after removal shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the Dower and accessory items, plus court costs add attorney fees, 2.6,35,6,16 For all ~round mounted ~uved towers in excess 0~ 75 ~eet in height, the site shall be of a size and shade sufficient to provide the minimum Yard~ reauirements of that zonin= district between each =ur anchor and all property lines, 2,6,35,6,17 All new communication towers shall require a site plan in accordance with Division 3,3 es Dart of the building permit aDDlicati~n, Additional ~owers, tower s~tes, buildin=s and accessory facilities necessary on-site shall re=uire an ~mend~en~ to the approved site Dian, The following are exemp~ fr~N Division 3,3: 1, Ground mounted amateur radio towers that do not exceed a heiqht of 75 feet excluding antennas: 2.MonoDole towers that do not exceed a hei=ht of 75 feet includin= antennas: or 3. Ground mounted antennas that do not exceed ~ height of twenty ¢20~ feet above natural ~rade, 2,6,35,6,18 All new metal towers includin~ rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition uublished by the Electric Industries Association (currently EIA/TIA 222-E) OF the publication's successor functional eouivalent unless amended for local application by resolution of the Board Of Count~ Commissioners. Each Dew amateur radio t~w~r with ~ Delete stricken language, add underlined language. heiqht of 75 feet or less shall require a building permit specifying the exact location and the heiqht of the tower exclusive of antennas. Each new Ground mounted dish type antenna that does not exceed a height of twenty f20) feet shall reGuire building permit. 2.6.35.6.19 Within the proposed tower's effective radius. information that specifies th~ tower's physical location i~ ¥~spect to Public parks, desi~nated historic buildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan apoltcations and;or permit applications for rooftop installat~oDs that do not reouire conditional use approval. 2.6.3§.6,~0 No communication tower shall be located on any land or water if such location thereon creates or has the potential to create harm to the site as a source of bioloqical productivity, as indispensable components of various hvdrolo~i~ regimes, or as irreplaceable and critical h~bitat for native species of flora or fauna. 2.6.35.6.21 A landscaped buffer area no less than 10 feet shall be developed around the perimeter of each tower that requires security f~h~in~. This buffer shall encompass all new structures includin~ tower base. At least one row of native vegetation shall be planted within the buffer to f0;-~ a continuous hedge at least three feet in height at plantinG. This hedge shall also be planted around any Ground level Guy anchors. The buffer m~t b, maintained in ~ood conditiop. 2.6.35.6,~ Native vegetation on the site shall be preserved to the Greatest practical extent. The site plan shall show existin~ si~nificant vegetation to be removed and vegetation to be replanted to replace that lost. Native vegetation ma~ constitute part or ali of the required buffer area if its opacity exceeds eighty percent (80%). 2.6.35.6,~3 All new towe~s fincludinG amateur radio towers) and all antennas affixed thereto shall be in compliance with Section 2.2.23. There shall be po variances to this provision. 2.6.35.~,~4 For all new towers, a statement from the applic~nt or an official document that specifies that tower and its antennas will comply with ali applicable regulations of the Federal communications Commission shall be fi~ed with the Delete stricken language, add underlined language. us' s s. V ~ w t e ~ s to om u w o to w e e' v' , e e s s %~ v' ' t e t - v Delete stricken language, add' underlined language. ,oo 56 :205 LDC pg. 2-189 2.6.36 Townhouse DeveloPment Townhouse developmen~ as defined in this Code when authorized in the RMF and RT zonin~ district either as a permitted or conditionally permitted use shall be desigp~d ~ ~eet the following minimum ~tandards: 2.6.36.1 Minimum Area Per Dwelling Unit: Twenty-five hundred f25001 sauare feet. 2.6.36.2 Minimum Lot Width: Thirty ¢30] feet. 2.6.36.3 ~inimum Yard Reauirements: 1. FrQDt Yard: 20 f%et for homes with front ~n~rv aara~es. 10 feet for homes with side entry ~ara~es~ 2. Side Yard: Zero feet or a minimum of 10 feet ~gr Dri~ciDal structures or-one-half the bg~ght of the sum of the walls facin~ one another whichever is the ~reater. 3. Eg~r Yard: Twenty I~0) feet for Drincimal structures and ten ¢10) feet for accessory structures 4. Nothing herein contained shall sgrve to aside the minimum lot area and frontage required for a multi-family structure in each RMF zoning district in which Townhouses ar9 Dermitted. Delete stricken language; add underlined language. LDC page 2-189 Delete stricken language; add underlined language. LDC pg. 2-195 2.7.2.5 ReDort~ When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in Sec. 2.7.2.4 shall show that the Planning 9ommission has studied and considered the -proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4~---The-pep~at~-dens~y-pette~-and-pess~b~e ~ne~ease-or-eve~a~nq-e~-~he-~ead-e~-pub~e Whether existing district boundaries are illogically drawn in relation' to existing conditions on the property proposed for change. Whether changed or changing conditions make the passage of the proposed amendment necessary. ~. Whether the proposed change will adversely influence living conditions in the neighborhood. ~. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect p~blic safety. Delete stricken language; add underlined language." LDC pg. 2-195 Sec. 2.7.2.5 (cont'd) 9~. Whether the proposed change will create a drainage problem. *e~. Whether the proposed change will seriously reduce light and air to adjacent areas. ~10.Whether the proposed change will adversely affect property values in adjacent areas. ~t11.Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ~912.Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. ~41~.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. a514.whether the change suggeste~ is out of scale with the needs of 'the neighborhood or the County. ~515.Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ~=--Rev~ew-and-~e~emmendat~ens-eE-the-cen~ep~ua~ S~e-Beve~opmen~-P~afl-es-~equ~ed-~n ~e16.The physical characteristics of the property and the degree of site alteration which would be required, to make the property usable for any of the range of potential uses under the proposed zoning classification. ~917.The impact of developmeht on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Delete stricken language; add underlined language. LDC pg. 2-195 Sec. 2.7.2.5 (conrad) ~e18.Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the 9rotection of the public health, safety, and welfare. Delete stricken language; add underlined language. LDC page 2-201 2.7.3.1.2' SUDDOrtin~ Data. Data supporting and describing the application for rezoning to PUD in the form of a PUD Document which shall consist of the following: Delete stricken language, add underlined language. m J m LDC page 2-204 2.7.3.2.3 Staff Review an~ Recommen~atip~. Based upon its evaluation of the factors set forth above, the appropriate County staff shall prepare a report containing their review findings, and a recommendation of approval or denial. the-s~a~-sha½~-p~epa~e-a-PUB-Boeume~-wh~eh-sha½~ ~onta~-~e~emme~ded-d~mems~na~-s~amde~ds?-emd ~heF-deYe~opme~-~d~e~s-wh~h-sheu~d-be ~mp~sed-up~-%he-pF~posed-PSB-Mas~eF-P~anT Delete stricken language, add underlined language. LDC pg. 2-207 2.7.3.5.1' ~bstanttal/Insubstantial Changes, (Item 10) The proposed change is to a Planned Unit Development district designated as a Development of Regional Impact (DRI) and approved pursuant to Sec. 380.06,.Florida.Statutes, where such chana9 requires a determination and Public hearing by Collier County pursuant to Sec. 350.06f19). F.S. AnY change that meets the criterion of S~g, 380.06(19~ (e~2.. F.S.. and any changes to a DRI;PUD Master Plan that clearly do not cr~ a : substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.§.4 or Sec. 2.7.3.5.6 cf this Code. Delete stricken language; add underlined language. LDC page 2-'209, 210 '! 2.7.4.1 General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, p~epe~%y or the general welfare. Such uses may be permissible in a m~oning B~istrict as a conditional use if specific provision for such conditional use is made in this Zoning Code. All petitions for conditional uses shall be considered first by the Planning C~mmission'in the manner herein set out.. Decisions regarding conditional uses shall be quasi-Judicial in nature. " Delete stricken language; add underlined language. LDC page 2-210 2.7.4.2 Written Petiti~n. A written petition for conditional use shall be submitted to the Development Services Director indicating the basis in this Zoning Code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the Board of Zoning Appeals must make under Se=r-~?~4?5 Sec. 2,7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this Zoning Code, will be consistent with the Growth Management Plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, the following, where appli~able: Delete stricken language, add. underlined lang.uage. P,.56 215 BOOK LDC page 2-210 2.7.4.3 Notice and Public Hearinq. Notice and public hearing by the Planning Commission and the eoun~y-eomm&ss~one~s Board of Zoning ADDeals shall be as provided for under subsection 2.7.2.3.2 All testimony given shall be under oath and the action by the Board of County Commissioners shall be quas~-~ud~e~a~ ~uasi-~udicial in nature. Delete stricken language; add underlined language. LDC page 2-211 2.7.4.5 Conditions and Safequar~s~ 2.7.4,5.1 Any conditional use shall expire one (1) year from the date of grant, if by that date the use for which the conditional use was granted has not been commenced~ 2.7.4.5.2 a~d-a An~ conditional use shall expire one (1) year following the discontinuance of the use for which the conditional use was granted~-~-~he-use-has-ne~ ~hefl-beefl-~mme~ed~ Delete stricken language; add underlined language. ii' LDC page 2-211 :~. 2.7.4.5.3 Conditions and Safeguards. (paragraph 3 only) The Board of Zoning Appeals may Grant a maximum of three ¢3) one year extensions of an approved conditional use e~end-a-e~d~t~eme~-~se-a-max½m~m upon written request of the petitioner. Th~sEach extension must be requested and approved prior to the expiration of the original conditional use. Delete the stricken language, add the underlined language. LDC page 2~211 2.7.4.6 ~ental. If the Planning Commission shall recommend dental of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into.account the factors stated in Se=?-~=974~5 Sec. 2.7.4.4 or such of then as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. Delete stricken language, add underlined language. LDC page 2-211 2.?.4.~ ~ g~. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall approve, by e=d½nence ~, or deny a petition for conditional use. The approval of a conditional use petition shall require four affirmative votes of said Board. Delete stricken language, add' underlined language. ,oo 56, ,:220 LDC pages 2-215 thru 227 Modify references to the Affordable Housing Density Bonus program. 2.7.7.1.1 Title and Citatio~. The Sec. 2.7.7 shall be known and may be cited as the "Collier County Affordable Housing Density Bonus Regulations." "Affordable Housina Density Bonus" shall in this section be referred to as "AHDB". NOTE~ This will require global modification to all references to "Affordable Housing Density Bonus" in Section 2.7.7. Delete stricken language; add underlined language. Zoning Atlas Map Amendments MAP # REVISION 462728 Change A-M}{ designations to A-M~O 462930 Remove IND designation after I at the Airport property; map should only show "I" for industrial land Change A-M}{ designations to A-M}{O 6836n Change A-MI{ designations to A-MHO 6836s Change A-MH designations to A-M~O 6908s Change A-MH designations to A-MHO 6928s Change A-MH designations to A-MHO 6930s Change A-M~ designations to A-MHO 6932n Change A-MI{ designations to A-MHO 6932s Change A-MI{ designations to A-MHO 6933n Change A-MH designations to.A-M~O ~ - 6933s Change A-M}{ designations to A~MHO 6934s Remove IND designation afte~'I at the Airport property; map should only show "I" for industrial land Change A-MH designations to A-M~O 472728 Change A-M}{ designations to A-MHO 7722 Change A-MH designations to A-M/{O to 7727 472930 Change A-MH designations to A-MHO 7902s Remove IND designation after I at the Airport property; map should only show "I" for industrial land Change A-MH designations to A-MHO 7903n Remove IND designation after I at the Airport property; map should only show "I" for industrial land 7905n Change A-MH designations to A-M~O Delete stricken language; add underlined language. Map Amendments Continued 7909n Change A-MI{ designations to A-MHO 7909s Change A-M}{ designations to A-MHO 791011 Change A-M}{ designations to A-MHO 8510n Remove IND designation after I; map should only show "I" for industrial zoned land 8510s Remove IND designation after I; map should only show "I" for industrial zoned land 8515s Remove IND designation after I; map should only show "I" for industrial zoned land. Also, a dash should be added between C2 to show C-2 on the map. 8527n Remove IND designation after. I; map should only show "I" for industrial zoned land. 872930 Add MHO symbol after A designation to read A-MHO. 873132 Add M~O symbol after A designation to read A-MHO 9511n Remove IND designation after I; map should only show "I" for industrial zoned land. 9511s Remove IND designation afte~ I; map should only show "I" for industrial zoned land. 9512s Remove zone line between RSF-3 area and Barton Collier High School or indicate the zoning district on Barron Collier High property. 9514s Delete PUD zoning line at East boundary of Section ~4 and replace with RMF-16 for that area next to Lot 117 and Woodside. 9522s Change IL designation to I. 9631s Revise zoning map .to indicate proper zoning district where current zoning map reflects PU-6 (Endless Summer MHP) to MH. 482728 Add MHO symbol after A designation to read A-M~O for Agricultural areas with exception of N.E. corner of Section 9, which should remain as A. 482930 Add MHO symbol after A designation to read A-MHO for sections west of SR 29 and A-MHO-ACSC/ST for sections east of SR 29. Delete stricken language; add underlined language. 492728 Change A-~H designations to A-MHO 492930 Change A-MH designations to A-MO 1612s Remove MHSD designation and replace with MH. 3911n No zoning district specified on map. Revise to indicate appropriate zoning district. 3911s No zoning district specified on map. Revise to indicate appropriate zoning district. 3923n No zoning district specified on map. Revise to indicate appropriate zoning district. MB7F No zoning district specified on map. Revise to indicate appropriate zoning district. 512728 Adjust CON-ACSC/ST boundary as indicated on revised map. 52532730 Adjust CON-ACSC/ST boundaries as indicated on revised map. Delete stricken language; add underlined language. LDC Page 3-4 Add Section 3.2.4.10 Resubdivtstons: ~ ~ v t a c t t e a v w ~ V' 0 esub v t 'v s ve a d v d o v e t · e s t o o t o o t to t d s wi a es t su e t o Delete stricken language, add underlined language. LDC Page 3-22 Amend and supplement the language currently existing: 3.2.7.3.6 v v v ~ Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same thereof. d e etwee a e u t Delete stricken language, aaa underlined lan'guage. LDC P~age 3-22 3.2.7.5 Resubdivision A Preliminary Subdivision PlatrPSP% application shall be submitted in accordance with Sec. 3.2.7 for the provision of reauire~ lmprQve~epts ~or any Resubdivision as ~efined in Article 6. unless the Resubdivision is of a lot. parcel, tract or a like unit of 1~ Which completely complies with all of the following criteria: al The lot. parcel, tract or a like unit of land was previously approved as part of a Preliminary Subdivision PIat application aranted in accorda~ with the provisions of Sec. 3.2.7 for a principal property and is zoned for single family us~ accordance with the provisions o~ Article 2. b) The Final Subdivision Plat and Improvement Plans for the principal property's Primary subdivision Required Improvements. of which such property is a Dart thereof, have been reviewed and approved, the Final Plat recorde~ and Preliminary Acceptance cranted for 'all Required ImProvements in accordance with Sections 3.~.6, ~,~.8 amd c) No separate Environmental Impact Statement{EIS) or supplement, amendment or ~pdate pursuant to 3.2.7.1.21 to an existina EIS for the property to be resubdivided shall be required, dj No endan~eredo threatened or listed specie~ protection issues pursuant to the provisions of Div. 3.11 are present within the property which is the subject of the Resubdivision. e) No additional substitutions from those aranted for the principal property's PSp o~ the Design Standards contained in Sec, 3,2,8.4 for Required Improvements within the Resubdivision pursuant to3the provisions o~ sec, ~,~.7.~ required. f~ No portionCs) of the Principal Project's water ~anaaement system are reauired to be constructed within the property subject to Resubdivision. Delete stricken language, add underlined language. LDC pg. 3-22 Section ~.2.7.5 conttd Delete stricken language, add underlined lamguage. 3.2.8.2.3 A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, ~ COmplete lot cradina plan with final ~radi~q elevatioDs, surface runoff flow patterns, and companion drainaae easements consistent with the final subdivision Plat pursuant to Section 3.2,9 tQ ~e utilize~ ~v the APPlicant. his successor~ or assians durina the buildina Dermittin~ and site improvement process for all lots consistent with the Collier County Buildina ¢~d~, and the compatibility of drainage of surface waters into adjacent or larger water management systems. The complete calculations used to design the system shall be provided for projects 40 acres or less. For' projects greater than 40 acres the Applicant shall initially provide with the submission the SFWMD Construction Permi= Submittal. Prior to approval the Applicant shall provide the staff report and early work permit or construction permit. ... Delete the stricken language, add the underlined language. LDC pg. 3-52 3.2.9.1 General Requirements 3.2.9.1.5 Subdivision.performance securitY, as further described herein, in an amount equal to one hundred and ten percent (110%) of the sum of construction cost for all on-site and off-site required improvements based on the applicant's professional engineer's opinion or contract bid price. Where improvements are to be constructed by a ~eneral-murpose aovernment such as a county or municipalitY, a local school district, or D~ate aa~Dcv, no subdivision performance security shall be re~uired. Subdivision performance ~gcurl~y shall be reouired of an independent special-purpose ~overnment such as a Community D~velQDment District(CDD~. The subdivision performance security shall be in one of the following forms: 1. Cash Deposit Agreement with the County 2. Irrevocable Standby Letter of Credit 3. Surety Bond 4. Escrow Agreement with the First Mortgagee of the entire final subdivision plat 5. Funds held by the bond trustee for a Community Development District which are desianated for subdivision improvements. The CDD shall enter into a Construction and Maintenance A~reement with the County in a form acceptable to the County AttorneY. The Construction and Maintenance Aareement shall provide that a) all permits required for the of the required subdivision improvements shall be obtained by the CDD prior to re~ordin~ of the Dl~%. b) the Progect as defined iD th~ CDD's b0Dd d~umen~s Nust include the required subdivis'ion improvements and canno~ amended or chan~ed without the consent of th~ county, and c) the developer shall be require~ to complete the required imDr~yements should the CDD fail to complete same. Delete the stricken language, add the underlined language. .. ,oo, 230 LDC pages 3-60, 61 3.3.5.2.2 Final site development plan application requirements, Sec. 3.3.5.57~ reques~n~-~ma~-s&~e-deYe~epme~-p~am-app~eve}= 3.3.5.3.2 Final site development plan application requirements, Sec. 3.3.$.5=. for the phase recuestinc final site development plan approval. Delete stricken language, add underlined langfiage. LDC pg. 3-85 ~' ~,5.4.5.1 Excavations incidental to A~riculture Surface Water Manaaement and Water Use facilities as included in exi~tina South Florida Water Management District p~rmits. All excavated materials must remain on l~Dds under same ownership. AnY transportation of materials over public roads is sub4ect to appropriate transportation impact fees. ~': ' Delete stricken language; add underlined language. LDC pg. 3-92 3.5.?.2 Side Slones. 3.5.7.2.3 In the event that property where a Commercial or Exemnt Aaricultural Excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of Section ~.5.7;2 proper, or other criteria as may be more stringent. Delete stricken language~ add underlined language. LDC Page 3-119 Sectfon 3.8.9 EXemDtl°ns ].8.9.1.1 Bona fide agricultural uses where an AGricultural Clearing Permit or e×emDtion has been issued in accordance with ~G, 3.9.6.5 herein, provided that ~he subject Property will not be converted to a non-aaricultural use or considered for any tvoe of r~zoninG petition for a period of ten (10) vears after the agricultural uses commence and provided ~bat th~ subjCgt Drogert¥ does not fall within a~ A~SC or ST zoning overlay. 3.8.9.1.2 ~uch aqricultural u~9 shall be conducted in a ~Dner WhiCh ~eets all state and local reaul~tioDs, including the use of herbicides, pesticides, and Sertilizer apDlicat~0D, 3.8.9.1.3 Bona fide agricultural uses shall be the same as those defined in Sec. ~.2.2.2.1'.'LDC. Permitted Uses. item 2.. as may be amended from time t9 time, Delete ~tricken language, add underlined language. LDC page 3-124 3.9.§.2.1 Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structureT~ a~-has bean-~eq~es~e~-to-be-~emewe~-by-e-p~b~-~aw Delete stricken language; add underlined language. 3.9.5.2 Criteria for Removal of Protected Veqetation. 3.9.5.2.6 Protected veqeta~ion DroDosed for removal is non-native. ReDl~cement of non-native vegetation shall be with native veqetation of comparable ~aliper a~d area and shall be subgect to the approval of the Development Services Director or his/her desiqnee. In the event that comparable ~aliDer or. diameter at breast heiqhts (dbh} veqetation is not available, smaller dbh trees .tha~ total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the.minimum size requirement for landscaDinq be acceDted. Replacement native veqetation shall be planted within fourteen (14) calendar davy of removal. .. Delete the stricken language, add the underlined language. LDC pg. 3-124 Add a new subsection as follows: 3.9.5.2.7 On a parcel of land zoned Residential SinGle Family fRSF}. VillaGe Residential CVR). Estates (E~ or other non-aGricultural, non-commercial zonin~ district in which sinale familv lots have been subdivided for sinale family use only. a vegetation removal permit may be issued for anv permitted accessory use to that zoning, Delete stricken language; add underlined 'language. LDC Page 3-127 3.9.6.4.2 Except for lots on undeveloped coastal barrier islands, a vegetation removal permit for clearing one (1) acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned Residential Single Family (RSF), Village Residential (VR), or Estates.(E), or other non-a~ricultural. non-commercial zonin~ districts in which sin~l- family lots have been subdivided for sinale family use only, where the following conditions have been met: 1) A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or 2) The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal. Delete stricken language, add underlined language. LDC Page 3-128 3.9.6.$ ~Grtcultural Land Clearin~. A permit for clearing agriculturally zoned land for bona fide agricultural use, as defined by this Code. shall be required for all agricultural operations except as exempted bv Sec,. ~,9,~.5.6 of this Code. 2.9.6.5.1 ~pplication~ An apolication for an AGricultural Clearing Perr~ ~h~ll be submitted in the form established bv the Develop~en~ ~ervices Director~ Silviculture osera~ions, a~ 4~ned by this Code. shall require a management plan prepared bva ~orester or a resource manager Ce.G. Division of ForestrY. private or industrial) as Dart of the ~polication. Ag.~pplication fee in an amount to be determined by the Board of Countv Commissioners shall accompany and be a Dart of the application. The followi~ conditions, as applicable, shall be addressed as part of and attachments to the ~gricultural L~pd Clearin~ apDlication~ 1) If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the .Developm'ent Services- Director. The ST or ACSC-ST permit review shall be in accordance with Collier CountF Land Development Code Divisio~ 2.2. Section 2.2.24 and may be simultaneously reviewed with the A~ricultural Clearin~ Permit application. 2) The application, including generalized vegetation inventory and clearing plan as outlined in Sections 3.9.4.2.1, 3.9.4.2.2.and 3.9.4.2.3, and the site visit where required confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agric~ltural use and the applicant has been informed of the rezoning. restriction which granting the permit shall place on his property. 3) The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption~ if required by SFWMD. . Delete stricken language, add' underlined language. · ~' LDC pg. 3-128 (cont'd) 4) The applicant has obtained and produced of the South Florida Water Management District surface water management permit or exemption. ~f e u e b a s t t e u e w t u 's o - s · s w ds a ot e t s w 51) The property owner, or authorized agent, has filed an executed agreement with.the Development Services Director, stating that within two (2) years from the date on which the e~mmeneemen~-~ Agricultural Clearing Permit-~ is approved by the Development Services Director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona'fide agricultural use, for the remainder of the ten (10) year period required Dy Sec. 3.9.6.5~6~8). ~ c u e w s . e ed s ~.- 68) The property owner, or authorized agent, has filed an executed agreement with the Development Services Director stating that the owner/agent' is' aware that the Collier County Board of County Commissioners will not rezone the property described in the n~%~ee-e~-e~mmeneemen~-~ Agricultural Clearing Permit~ for a period of ten Delete stricken language, add' underlined language. LDC pg. 3-128 (cont'd) (10) years from the date of approval of the o~-eomme~emen~-~ Agricultural Clearing Permit} by the Development Services Director, unless for any such conversions in less than ten ¢10~ year. the converted land shall be restored with native veqetatio~ to the deoree required by this c~e, 3.9.6.5.2 Determination of ComPleteness. After receipt amDlication for an Aoricultural Clearina Permit, the Development Services Director or his desl~e~' shall determine whether the aPPlication submitted is complete. All aPPlicable conditions specified in Section 3.9.6.5.1 must be addressed in order ob~ain a Determination of ComPleteness. If the aDDliq~ton iS not complete, the Develomment $~rvices Director or his designee shall notify the ~pp~icant in writino of the deficiencies. No further steps to mrocess the aDolication shall be ~aken until all of the deficiencies in the ~DDlication have been met. Where the applicant submits as Dart of the aPPlication for an Aori~ultural' Clearino Permit a COpy 0~ the COmpleted aPPlication for a SFWMD cons~Dtive ~se Permit or exemption, for a SFWMD surface water manaoement Permit or exemotion, or for an ACOE Permit or exemotion, as amDlicable, a ~od~fie~ Qe~rmination of completeness may be issued Drovidl~o that said Permits or exemD~ions are not necessary for further County review and Drovidino that all other deficiencies in th~ aPPlication have been addressed.. A Determination of ComPleteness or a Modifie~ Determination of Completeness shall be made. in writino, within ten (10) business days of receipt o~ ~he completed aPPlication. 3.9.$.5,3 Criteria fo~ Review of Aoplteatt0~. Eqvtew of the aDDlication~for an Aoricultural Clearino Permit shall commence upon issuance' of the Determination of Completeness or Modified Determination of g0mpleteness and shall be comoleted within business days from the date of issuance to the " ~Dolicant of a Determination of ComPleteness or a Modified Determination of Commleteness except where additional data and or information is required to address environmeDtal impacts. Where such Delete stricken language, add underlined language. LDC pg. 3-128 (cont'd) ad~itional data and or information is re~uired. ~aff shall have ten business days to complete review of the aDolication after receipt of said additioDal data and or information from the ~policant. The following criteria shall be utilized by staff ~ rev~ew~Dg.a~ applicat~o~ for issuaDG~ of an AGricultural Clearing 1. A Determination of Completeness or a Modified Determination of Completeness has been issued to the aDolicant. 2.An on-site inspection has been made.by ~taff. if indicated. 3. Environmental impacts, including wetlands and protected wildlife species habitat,s1 shall have been addressed in accordance with the reauirements of the Collier County Growth Manaqement Plan and the Land Development Code. as may be amended from time to time, Additional data and or .in~matio~ required by the County to address environmental impact~ shall be submitted by the applicant written.r~quest by. staff. Such r~qU~$~ shall be sent by certified mail. return receipt requested. Such additional data and or information shall be submitted to the County by the applicant within the twenty d~Y review period specified in Sec. 3.9.6.~,] above or the application for'an A~ricultural CleariD~ Permit shall be denied unless the ~pDlican= has Petitioned the County in wri~iD~ for an extension of time. ~.9~6~.4 ;ssua~ce of Permit. After an application for an AGricultural. ClearinG Permit has bee~.reViewed in accordance with Sec. 3.9.6.5.3. the D~Vp~Op~ent Services Director or his designee shall arant the p~rmi~, ~rant with conditi~DS or den¥..~he permit. in writing within ten fl0) business days of receiving a completed application for an AGricultural Clearing Permit. For purposes of th'is Section. an application for an AGricultural Clearing Permit shall not be complete until all Delete stricken language, add underlined language. LDC pg. 3-128 (coHt'd). applicable conditions specified in Sec. 3.9.6.5.1 are addressed and attached...~ the application. including applicable permits or exemptions from the SFWMD or ACOE. Where the Aqricultural Clearin~ Permit is denied, the letter shall state the reason(s) for said denial. $.9.6.5,.~. Renewal of Agricu~ural Clearin~ Permit. An approved Aqricultural Clearin~ Permit is valid for five (5) years and may be automatically renewed for five (5) year periods providing that a notifica~loq in writinq is forwarded to the DeveloPment Services Director at least thirty ¢30) but no more th~ ode hundred eiqhtv (180) days prior to the e~Dirati~ of the existin~ Permit and Drovidin~ that the propert? has been actively en~a~ed in a bona fide agricultural activity in accordance with the re~girements of Sec. 3.9.6.5.1 of this Code, Such notification shall state that the applicant is in compliance with any and all conditions and;or stipulations of the permit. A violation of permit conditions shall cause to void the Aqricultural Clearing Permit. ~pplicants failin~ to provide notificatioH as specified herein shall be required to submit a new aDDl~cation for an Aqricultural ClearlDG Permit. 3.9.6.5.6 Exemptions. I An Aqricultural Clearing Permit is not required for operations havinq obtaine~ ~ permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide aqricultural activity was in e~istence within two Years of the permit issuance date. or for operations which can demonstrate that a bona fide aqricultural activitv was in existence be(ore,the effective date of Ordinance N~, 76-42. Such demonstrations for ewemDtions may include aqricultural classification records from the Property Appraiser's Office: dated aerial DhotoqraDhs: occupational licgDse for' aqricultural operation: or other information which Positively e~blishes the commencement date and the particular location of the aqricultural operation. Delete stricken language, add underlined language. LDC pg. 3-128 (cont'd) 2. UPon issuance of an AGricultural Clearing or as exempted above, activities necessary for the onaoinG bona fide agricultural use and maintenance shall be exempted from obtaining additional AGricultural Clearing permits for that parcel Providing that the intent, use .and ScoPe Of said activities remain in accordance with the onGoinG AGricultural Clearing Permit or exemption. OnGoinG bona fide agricultural activities that aualifv for this exemption as described in this Section may include but are not ,limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, Dump stations, or pens: removal of new arowth. such as shrubs or trees, from areas previously permitted or exempted from this Section; fireline maintenance: approved wildlife food plots: or other activities similar in n~ure to the foreaoina. Fences. buildinas and structures requiring a building permit shall be exempt from an AGricultural Clearing Permit but must obtain a VeGetation Removal Permit. 3. No AGricultural Clearin~ Permit shali be reGuired for protected vegetation that is dead. dYinG or damaged beyond saving dg~ to natural causes also known as AGeS o~ God providing that: a. The Development Services Director is notified in writing within two ~2) business days prior to such ~emoval and the COgnt¥ makes no objection within said two busipess days; b. The tree is not a specimen tree: c. The ve~etation is not within a~ area' reGuired to be preserved as a result of a re~uirgd preservation, mitiaation ~r restoration program: d. The p~rcel is currentlv en~a~ed in bona fide a~riculture, as defined by this Code. . 4. No AGricultural Clearing Permit shall be reGuired for the removal of any vegetation planted by a farmer or rancher which was planted as a result of a zoning re~ulation or a required miti~ation or restoration ProGram, Delete stricken language, add underlined language. LDC page 3-129 3.9.6.6 Reauirement for Removal of Prohibited Exotic Ve~etation. 3.9.6.6.4.1 Herbicides utilized in the r~gVal of prohibited e×otic ve~etation shall hav~ been ~pgroved by the U.S. Environmental Protection ~aencv. ~.9.6.6.4.2 When prohibited exotic ve~etation is removed, but the base of the ve~etation remains, the base shall be treated with an U.S. Environmental Protection A~encv approved herbicide and a visual tracer dye shall be aDDlied. Delete stricken language; add underlined language. LDC page 3-129 3.9.6.6.6 In addition to the other requirements of this Division, the applicant shall be required to remove on single family and two-family lots for all new principal dwelling units, all prohibited exotic vegetation before a Certificate of Occupancy is granted. Th~s-p~h~B~ted-exe~-wege~a~n-~s · - b Delete stricken language; add underlined language. LDC page 3-129, 130' 3.9.6.8 penalty. 1) The failure of a property owner or any other person to obtain an approved agricultural clearing permit as required in Sec. 3.9.6.4.~ shall constitute a misdemeanor and each ee~e-e~ ~fld-~em-wh~eh-p=o~ee~ed-ve~e~e~en-~s-=emeYe~ protected livinq, woody nlant, constitutinq protective vegetation, removed in violation of' this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 Der violation or by imprisonment in the County Jail not to exceed sixty (60) days, or by both suoh fine and imprisonment. 2) The failure of a prcperty-o~r or any.other person to put the subject premises into a bona fide agricultural use.as required in Sec. 3.9.6.5(5) shall constitute a misdemeanor for eaeh-ae~e-e~-~en~-~e= which the agricultural clearing permit was approved by the Development Services Director and each protected living, woodv plant, constitutin~ protective vecetation, removed in violation of ~his Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00~-ee~e p~r violation or by imprisonment in the County jail not to exceed sixty (60) days, or by both such fine and imprisonment. sen~ene~ng-~he-eou~-mayr-~n-m&~ga~onT ecns~er.-ehe-s~eeessfu~-re~aeemene-ef ve~e~ae~e-eo~un~e~es-~}e~a~y-remove~-mn~ ~he-~e~ee-e~-~es~e~a~en~e~-~he-wa~e= re~en~on-and-dra~na~e-eheree~e=~s~es-e~-~he ~an~-~o-~s-e~na~-sea~e~ In additio~ ~0 or.. in lieu of the penalties provided by geDeral law for violation of Ordinances. the Board of CouDtv Commissioners may brin~ injunctiv9 action to enj9in the removal of veqetation in violation of this Code, Delete stricken language; add underlined language. LDC page 3-130 Sec. 3.9.6.8 (conttd) 3) Any person violating any provisions of this' Code or the conditions of a permit issued hereunder, and not specifically covered in subsection (1) and subsection (2) of this Section, shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $§00.00~-a==e Der violatio~ or by imprisonment in the County jail not to exceed sixty (60) days, or by both such fine and imprisonment. ~n-&mpas~g-sente~e~n~-~he-eou~ removed-afld-~he-deg=ee-o~-=es~e~a~e~-e~-~e wa~e=-~e~efl~en-and-dra~flage-eha~a=~e=~s~&es-e~ ~¥~ng?-weedy-p}an~-~emeved-sha}}-~a-a-sepa=a~e o~ense= In addition to or in lieu of the penalties provided by general law for violation of Ordinances, the Board of County Commissioners may bring tnJhnctive action to enjoin the removal of vegetation in violation of this Code. Delete stricken language; add underlined language. LDC page 3-130 Sec. 3.9.6.8 (cont'd) Restoration Standards. If an alleged violation of this Code has occurred and upon agreement between the Development Services Director and the violator. or if they cannot agree, then. upon con¥ictio~ by the court or the Code Enforcement Board. in addition to any fine imposed, a restoration plan shall b~ Qrdered in accordance With the following standards: A) The restoration plan shall include, the following minimum planting standar~ In the successful replacement of trees illegally' removed, replacement trees shall be of sufficient size and auantitv to replace the DBH inches removed DBH is defined for the purposes of this ordinance as diameter of the tree. measured at a heiaht of 4.5 feet above natural Grade. Each replacement tree. shall b~ Florida Grade #1 as Graded by the Florida Department of AGricultur~ and CODsumer Service, 3) All replacement trees shall be,~urserv arown, containerized and at a minimum be 7-8 feet in height, have a minimum caliper of 1-1 1/2 inches at twel¥9 inches (12"% above natural grade, 4) Replacement trees shall h~ve guarantee of eighty percent survivabilitv for a period of no less than three (3) years. A maintenance ~..provision of no less tha~ three years must be provided iD the restoration plan to control invasion of exotic vegetation (those species defined as exotic veGetation.by the . Collier County Land Developmen~ Code}, Delete stricken language; add underlined language. LDC pg. 3-130 Sec. 3.9.6.8 (cont'd) It shall be at th~ ~iscretion of the Development Services Director to allow for any deviation from the above specified ratio. In the event that identification of.the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be pFesumed that the removed trees were of a similar species mix as those found on ~jacent properties. The understorv veaetation shall be restored to the area from which protected trees were unlawfully removed. The ~91ection of plants shall be based on the characteristics of the Florida Land Use. Covers and Forms Classifications System · {FbUCCS) Code. Shrubs. ~roundcov~r. and crasses shall be restored as delineated in the FLUCCS Code. The~6ecies utilized shall be with relative proportions gharacteristic of those in the FLUCCS Cod~, .. The exact number and tvp~ Q~ species reauired may also be based upon ~h~ existin~ indi~enous ve~etation on the adjacent property at the discretion of the Development Services Director. D~ If the unlawful removal.of tree~ has caused any chan~e ~n hydrology, around elevations or surface water flows, then the hydrology. ~round elevation or surface water flows shall be restored to pre-violation conditions. E) In the event of impendin~ development on property where protected trees were unlawfully removed, the restoration plan ~ball indicate the location of the replacement stock consistent with any ~pprQved Dlap$ ~r subsequent development. For ~h~ pUrp0s~s of this Ordinance. impendina development shall mean that a developer'has made application for a deve~opmen~ order or has applied for a bu~dinq permit, Delete stricken language; add underlined language. LDC pg. 3-130 Sec. 3.9.6.8 (cont'd} F~ The Development Services DireCtor maY. at his discretion, allow the replacemen~ stock to be planted off-site whet- impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under ~b9 control of a public land and/or agency. The off-site location shall be subje¢% to the approval of the Development Services Director. The donation of land and;or of funds under the control of a public aGencv may be made if none of the above are viabl- alternatives. This donation of land and;or funds shall be eaual to or Greater than the total sum it would cos~ ~ restore the area in which the violation occurred, {Preservation of differen~ contiguous habitats is to be encouraged). Delete stricken language; add underlined language. LDC page 3-134 3.11.3 NEW /~ND EXIS~IN~ DEFELOPMENT, For new and existing development and construction pursuant to Division 3.2 and 3.3 and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County, the following shall apply as interim guidelines or standards for the protection of endangered, threatened or species of special concern or status as prescribed by Pe}½ey-~=~ Goal 7 ~Dd associated obdectives and Policies. as amended, of the Conservation and Coastal Management Element or.the Collier County Growth-Management Plan: 3.11.3.4 Ail s~eh protection plans shall be subject to review and approval by the Project Review Services Section Bepa~men~ of the Development Services Department B&¥&s~on. The County may consider and utilize recommendations and letters of Technical Assistance of the Florida Game and Freshwater Fish Commission, and recommendations and guidelines of the USFWS, in issuing development orders on. property containing wildlife species of special status. Delete stricken language; add underlined language. LDC pg. 3-135 Sec. 3.12.3 NEW AND EXISTING DEVELOPMENT. New and existing development shall be in compliance with the goals, objectives, and 9olicies of the Conservation and Coastal Managment Element of the Collier County Growth Management Plan until the formal adoption by Collier. County of the land development re~ulations, ordinances. Dolictes and Dro~rams which imDlemen~ the Coastal Zone Management Plan-1991. as adQD~d by the Board of County Commissioners aha as prescribed by Policies 1.3.2, 2.5.1, 2.5.3, 6.1.2, 11.6.1, 11.6.2, 11.6.3, 11.6.4 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. ; · Delete stricken language; add underlined language. LDC Page 3-137 and 3-138 3.13.7.3 Any structure(s) such as beach umbrellae ~?-=ha~FsT-~e~s?-~ha~-she~-be-remeved aa&~y-~rom-~he-beeeh-end that do not constitute fixed structure(s), the~-may-er-aey-ne~ do not require a building u u and the~ upon review by the Director end~or-h~s~her-des~gnee is/are determined not to present an actual or potential threat to the beach and to the dune system and adjacent proper=les. - t ' v v ev v' e · a ' v s c v ' ev'cs o t e o s w v w so v v v ! v v o e $o ss o t s v o v Delete stricken language, add underlined language. 3-151 3.15.4.3.4 Procedure for Review of Application 1. Submission of ADDlicatlon and Fe~ An application for a Certificate of Public Facility Adequacy shall be submitted to the Growth Management Director. An application. shall be submitted at the filing of the earliest or next to occur of final subdi%ision plat, final site development plan, or building permit. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application~T-eMeept-~ha~-ne-epp~=a~en fee-sha~-be-requ½med-~er-a~-App~ea~e~-.~ Pub~e-Pae~y-Adequaey-subm~ed-~n subd&v&s&en-p~a~7-a-~&na~-s&~e-~eve~epmen~ p~an~-er-a-bu&½d~n~-perm&~v · ~"" Delete stricken language; add underlined language. 056 :255 . . LDC page 4-6 Adding page 4-6 and Div.4.6 providing reference for the Emergency Medical Service System Impact Fee. ~1V.4.6 EMERGENCY M~D~CAL SERVICE SYSTEM IMPACT FEE. ~rovisi0n for "emergency medical service system ~mDa~t fee" in Collier County are contained in Collier County Ordinance 92- . as may be amended from time to time, and should be referenced therein. Delete stricken language; add underlined language. LDC page 4-7 Adding page 4-7 and Div.4.7 providing reference for Educational Facilities System Impact Fee. pIV.4.7 EDUCATIONAL FACILITIES SYSTEM IMPACT FEE. Provision for the "educational facilities system iDD~gt fee" in Collier County are containe4 lB Collier County Ordinance 92- . as may be amended from time to time. and should be refereDc~ therein. Delete stricken language; add underlined 'language. LDC pg. 5-5 LOCATION OF MEETINGS. In order to provide convenience and promote public meetings of the Planning Commission shall be held in the Immokalee area when matters pendin~ before the PlaDnina Commission are of sufficient concern tO the ~mmok~ee area to warrant such a meetina. The Plannin~ Commission shall, by majority vote. make such determination at at one of its regularly scheduled meetings well enough in advance to allow ~U~l~ient time to advertise such Immokalee meeting, bu~-ea½y-when-ma~e~s-pend~fl~-be~e~e-~he P~an~nq-eemm~ss~s~-ee~eer~-e~-add~ess-~mmeka½ee a~ee-p~ann~nq-end-eens~de~e~½ens~ Ail other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or Board of County Commissioners. Delete stricken language, add underlined language. LDC pg. 5-5 .~ ~,2.11 APPEALS As to anv land development petition or application upon Whigh the Planning Commission takes final action, an agg~ve~ petitioner or applicant mav appeal such final action to the Board of County Commissioners. The Board Q~ County Commissioners may affirm, affirm with conditions, r~vers~ or reverse with conditions th~ a~tioD of the Planning Commission. Such appeal shall be filed with the Development Services Director within thirty ¢30~ days of the date of the final action by the Planning Commission and shall be noticed for hearing with the DQ~rd of County Commissioners. as applicable. in the same madder as the petition or aDplicati~n was ~gticed for heartn~ with the Plannin~ Commission. The cost of notice shall be bo~ne by the petitioner or applicant. Delete stricken language, add underlined language. SEC. 5.3.2 POWERS AND DUTIES. 5.3.2.1 TO hear, review and approve, approve with conditions, or deny zoning variances, gQ~ditional U$~S, non-conforminG use amendments, flood variances and off-street parking and shared parking agreements ~e-in accordance with the terms of these regulations. Delete stricken language; add underlined language. LDC page 5-6 5.3.2.2 To hear, review and approve with conditions, or deny appeals from administrative decisions or interpretations of the Growth Management Plan, the Future Land Use Map, the Land Development Code, or the Official Zoning Atlas by the Development Services Director or the Growth Planning Director' Or their desiq~ee$. · i Delete stricken language, add underlined language. LDC pages 5-13 thru 5-15 Delete provisions for Code Enforcement Board and Reserve Div. D~V. 5.5 ~ESERVED eeBS-~NFeRe~M~N?-BeARBv S~e~-5-5-~ .... ~STABB~eKM~N?-ANB-p~RPess? The~e-&s-he~eby-es~e~&shed-a-eo½½&e~-eo~n%y-eo~e £nfo==emen~-Boa=d-&m-ae¢ordanee-w&th-~he-p~ov&s&ons The-eode-En~ereemen~-Beard-she½½-have-~he-~e½~ew~ 9ewers-end-~u~es? ~?Svgv~-- Te-he~d-hee~&ngs-end-~e-make-~nd~n~s-e~-~ee~-en~ eene}us&ens-e~-~ew-es-e=e-meeesse~-~e-en~eree-~e ~=e¥&s~ens-e~-~e-~ew~-Memegemen~-P}mn~-Bend ~eer~ngs? ~TSv~T~ To-&ssue-su~peenes-eempe}½~n~-~e-presenee-e~ persens-e~-eede-En~ereemen~-Bee=d-~eer~ngs~ ~uBpeenes-mey-~e-serve~-by-~e-eo½}~e=-eeunt~ ~r~Tev4 Te-~ssue-s~Bpeenes-eempe~½~n~-e~e-~ev~s~en-e~ ev&denee-s~-ee~e-~n~ereemen~-Bee=~-~ee~&mgs= ~v~r~.$ To-issue-e~ders-havin~-the-~eree-e~-~ew-eommen~in~ w~e~eYe=-s~e~s-e=e-neeesse~y-~e-ee~eve-eem~A~ence Sv$.ev~ ?o-½evy-~nes-ne~-ee-exeeed-~we-h~ndred-and-~ey de}}ers-f$~Se=ee~-~er-eech-dey-e-v~e}a~en een~&nues-pss~-e-~e~e-se~-~er-eemg½~anee-~n-a-Beard Delete stricken language; add underlined language. ~erm½na~e-~he-appo½n~men~-of-sech-persen~-as-a member-~E-~he-eode-£nforeemen~-B~rd?--~he mem~ersh~p-of-~he-eode-En~oreemem~-Bo~r~-sho~z-~o a.b~s~nessma~T-am-en~mee~?-a-~ene~a½-~on~rae%o~T-a s~bcontrac~ory-an~-a-rea~or~ STSv~v~ ~ppo~n%me~v--?he-eode-£n~oreemen~-Boar~-~ha~-be S7579v~ ?e~msr--A~-mem~ers-sha~½-serYe-a-~erm-e~-%hree-~ ~he~r-p~or-appo~n~men%s~ STST~T% eempe~s~%~enT--Mem~ers-sha~-sen~ye-w~heu% m~½ea~e-and-per-~em-expenses-ms-may-be-e~hor~zed by-~he-Bear~-ef-eo~n~y-esmm~ss~oners~ STSTOTS Bemewe~T--Any-membe~-who-fa~s-%o-a%~en~-~we-~R~-ef STST4?~ A~-a~-an~ua~-or~fln~Ea~ena~-mee~n~-~he-membeFs-e~ ~he-e~de-~nfe~eemen~-Bea~d-~ha~½-e~ee~-ene-~-ef ~he~r-member~-aa-eha&rman-an~-ene-~-aa ~erve-a~-eha~rman-fer-m~re-~han-~w~-{R~-e~n~eeue~ve S?ST4T~ ~he-eha~rman-~ha~radm~n~s~er-oa~hs?-~ha~½-be-~n Delete stricken language; add underlined language. '~ S.S.4.~ 8~e~e~e~yv--?he-eede-E~Eo~ee~ent-Board-~ha~ eppe~n~-a-Seeretar~--?he-See~e~a~-she~-keep ~recee~n~s-be~ere-~he-Beerdr-etteseed-2e-b~-~he Secre~eryT-an~-wh~eh-sha½~-~ne~u~e-~he-¥o~e-ef-eech memBer-~pen-ever~-q~es~on~--?he-m~n~es-sha~-Be epproYed-b~-a-ma~er~-ef-~he-members-e~-the-Beerd Ye~ng?--~n-edd~cnz-~he-Seere~ary-she~-me~n~e~n ~reeee~ngs7-~he-cerres~endemee-ef-~Me-Beerd?-end-e me~½~mg-~s2-e~-~ersems-w~sh½mg-~e-reee~ve-net~ces ef-meet~ngs7-egen~ms-er-m~m~tes-mnd-wMe-Meve-~e~d ecmm~ss~eners-~e-ecYer-eepy~ng-amd-me~m~-ees~s~ ~v--~r~v~ 8TAPFT-- ?he-eommun~ty-Beve~epmen~-gerv~ees-B~v~s~e~-she~ be-the-pre~ess~ene~-s~e~-e~-the-eede-En~e~eemem~ Boerdv .. Ne-mee~½n~-of-~he-~ede-Enfereemen~-Bce~d-she~-Be ealled-ee-er~err-ne~-may-any-hasiness-~e-e~ansae~ed b~-~he-eede-£n~ereemen~-Beardr~ithea~-a-q~e~am 2he-~ede-En~ereement. Be~rd-mus~-ve~e-~n-erder-~er mn-ec~on-te-Be-eff~e~a~ STST~T~ Re~a½er-meee~n~s-e~-~he-eede-£n~eFcemen2-Beard sha½~-Be-he½d-ne-~ess-~r~q~em~y-~han-emee-ever~ the-ehe~rmen-e~-the-ee~e-£n~ereement-BeardF-e~-~m 6.STg?e ~he-½oea~½on-o~-mee~n~s-she~-be-at-~he-ee~n~ STS?~?~ Hear½n~s-of-~he-eode-£nfereemene-Beer~-ma~-~e ee~½ed-by-~he-Rha~rmen-a~-th'e-req~es~-ef-the-Rede eemp~anee-S~perv~eerr-e~-by-wr~t~en-ne~ee-s~ne~ by-e2-~ees~-three-f3~-membe~s-ef-the-eede Enfereemen~-Beerd~ 8Be~-s. ST8 eP~RAT~N~-PROeBB~RBST STSTeT~ A~-easem-b~eugh~-Befo~e-~he-eede-eemp½~enee gupe~v~se~?-~he-~eena~n~-flmd-gn~e~eemem~ Dele:e $:ricken language; add unde:lined language. Delete stricken language; add underlined language. LDC pages 5-16 thru 5-21 Delete Provisions for Building Contractors' Licensing Board and reserve Div. 5.6. DIV. 5.~ RESERVED sBeT--ST&V~ ..... eR~AT~eN-~Ng-~PPe~N~MBNT- ............... The-B~½}d&ng-eomt=aeters~-B~=ens~mg-Boerd-sha~½ haye-%he-~o~}ew~mg-powe~s-amd-dm~½ese ~,6vev~ ........ Upon-re~e~emee-~y-bhe=eonbreebor-B½eems&ng Superv~so~7-debe~m~e-~he-qua}~&ee~ons-o~ epp~½canbs-~e~-~he-Yar~eus-embe~er~es-e~ eenb~ee%e~s~-ee~eebes-e~-eempebeney-es-meesu~ed ~-s~anda~ds-s~ated-~n-eh~s-d&v~s~en? eempe%eeey-e~-an¥-eentreeee~-mes~e~-e~-~e~rneymen she~½d-be-d~s¢~p~ned-~eder-%h~s-d~v~s~en~ 5T6T~T~ B&~ee%-e-eemp~a~nb-bo-Be-~ed-fe~-peoseeu%&en-e~-a eenb~ecbo~-e~-ebher-pe~sen-~e~-~he-Y~e~ab~em-e~ sha~-~e-eempese~-e~-n~ne-~9~-members-whe-sha~½-Be eppe~nbe~-~-bhe-Bea~-e~-ecun%y-eemm~ss~ene~s~ ~he-Bee~-e~-ecum~y-eemm~ss~eners-ma~-a~se-appe~mb e~bernm%e-membe~s-es-~b-~eems-epprep~a~e.--?he n~ne-~9~-mem~e~s-e~-%he-eemb~ecbers~-E~eens~m~ Bea~d-she~½-eems~sb-e~-e-~½censed-e~eh~%ee%?-e ~eense~-~ene~a~-eent~eebe~-e-~eense~-en~neee~-m Z~eense~-e~eeb~ee~-een~ee~cr~-a-~cenme~-p~umb~m~ cenbrecber~-o-~eense~-mechen~cm~-een%rae%e~-e ~eensed-~ee~n~-cen%rccbe~-e-~eense~-~es~enb~e½ '~ep~esen%ab~ve-~cm-ene-e~-%he-e~he~-%redes-e~ p~e~ess~ens-eegu~u~n~-a-eempeeenc~-es-p~ev~e~-~m end-~e~u~e-be-have-a-mem~e~-o~-eaeh-e~-bhese Delete stricken language; add underlined language. successe~-has-~eefl-appe½fl~ed-afla-Mes-ess~me~-M~s Bea~d-ma~-Be-~emeYed-~em-e~½ee-~e~-en~-ee~se-~¥-e ma~e~-¥o~e-ef-~Me-Bee~d-e~-~e~m~y-~emm~ss~eme~s~ ~ne~p~ed-~e~m-e~-e~ee-e~-am~,mem~e~-ef-~e Bea~d-e~-~e~m~-~emm½ss~ene~s~ 5r6r~?5 '~ee~--?he-een~ae~e~s~-E~eens~m~-Bea~d-s~e~ e½ec~-e-eMa~mam-end-¥~ee-eMa~men-~em-~s ST6T~T6 8ee~e~a~y-a,d-s~affr--?Me-~en~ae~e~-E~eens~n~ BeYe~epmen~-Ser¥~ees-B~¥~s~en-sMe~-Be-eMe BB~v-Sv6v4 ..... ~UOR~MT-NBeB~BARY-Ve~ ............... Bea~dT-a~d-½n-h~s-absenee-b~-~he-Y~ce-eha½~ma~r-e~ ~n-M~s-aBsence-~Me-Bea~-sMa~-~ee~-a-~em~e~a~Y eMcse-~esen~-sMa½~-Be-~eg~{~e~-~e-ma~e-en~ ~ee~s~en~ ............... E~eens~ng-$.pe~v½se~ e.e.e.~ Any-pe~sem-a~eved-b~-am-adve~se-dee~$~em-e~-~e een~ae~e~s~-E~eems~mg-Sea~d-ma¥-appea~-s~eM dec~s~em-~o-~he-Bea~d-ef-go~m~y-~omm~ss~eme~s-½n ' Delete s~Ficken language; add unde~lined lan~uaqe. de~rey-~he-eam½n~s~re~ve-ees~-ef-~e-ep~ee~-w~n ren~ere~-en~-~eduee~-~o-w~m~-By-~e-eem~ee~e~s~ S~&~G~ ........ ~he-Bee~d-e~-~eun~y-eemm~ss½ene~s-s~e~-&e~e~m~ne-m de~e-w~en-sueh-eppee~-m~e~½-Be-eemm~&e~e&-em& eppe~en~-em~-~he-e~ee~ed-bu~ng-een~e¢~e~-by s~m~½-Be-be~e~-sc½e~y-upen-~Me-~ece~-me~e-~e~ete ~he-een~ee~o~s~-b~eens½n~-Bee~ S~$~4 ........ ~he-~e½~u~e-e~-e-½~eensed-eon~ee~e~-e~-eomp~e~nen~ ~o-eppem~-e-dee½s~en-e~-~he-eon~ae~e~s~-B~eens~ng ~s-~ende~e&-she~-me~e-sueh-dee~s~en-f~ne~ o.o ............... ~he-~e~ow~ng-ac~ens-by-a-~eense&-een~ee~e~ she½½-eense~uee-m~seenduc~, cen~ee~e~-by-a~½ew~n~-eme~m-ee~ee~eTe~ eompe~ency-~e-,be-used-by-an-em~eense&-een~ee~e~ ~o-eYe&e-~he-ptov~s~enm-e~-~h½s-a~v~s~en~--When-e ~eense&-eeme~ae~e~-aees-es-ehe-que~y~n~-a~en~ ~h~s-a~v~s~en-~e-p~esen~-se~d-~mr-sueh-ee~-she~ ccmpe~ency-es-½~s~ed-en-h~s-eempe~ency-ea~a-and-es de~ned-~n-~h~-e~e~e-ot-as-~es~ceea-by-~he een~ee~e~s~-B~cens~ng-Bee~dv S.~9~S Abanden-w~heu~-~ega~-exe~se-a-eens~e~en-p~e~ee~ eene~eee-es-e-een~ee~e~ emy-e~he~-use-w~e~seeYe~ ~e-p~ens-e~-spee~ee~ems-e~-e-eemse~ue~em-~eb w~heu~-~he-eensen~-e~-~he-ewne~-e~-h~s-~u~y Dele:e s:~icken language; add unde:lined language. hea~h~-&~seranee-er-werkmen~s-ee~pens~en-~aw~-e~ &nabi~i~-~o-pay-a~-eredi~ors-for-ma~eria~ furn&shed-er-werk-er-seev&ees-peefermed-½n-~he epera~iem-ef-h&s-~siness-ie~-whieh-he-&s-~&eense~ hereunderv Sv~v~v~ ,hid-er-abe~-an~un~ieensed-persen-~e~evade-~he previsi~ms-o~-~his-dlvis½en-e~-a~ew-h½s-~ieense-te he-~se~-by-am-~m~½eemse~-persem~-er-~e-ae~-as-am agem~?-par~mer-e~-assee½a~e-el-am-~m~½eemse~-pers~m wi~h-~he-½m~em~-~e-eva~e-~he-previsiens-e~-~his ST6T~T~O Be-amy-~raa~a~em~-ae~-as-e-eem~rae~er-~-wh&eh ane~her-is-suhsean~ia~y-im~e~T ST6T~T~ ....... Fai~-~e-make-~ee~-fau~-werkmamsh&p-ebv~eus~y performed-or-fau~y-ma~eria½s-e½vious~y-i~s~a~½e~ im-evas&em-e~-peefermamee-~-~he-eem~rme~-er speei~iea~&ems-a~reed-~pem-~mder-~he-~erms-ef-~he e~m~rae~? eempam~-a~horize~-~-~-husimess-~m-~he-S~a~e-ef F½or~da~-~he-~imi~s-o~-~iabi½i~y-~ms~ramee-re~ire~ hy-amy-e~her-app½ieab~e-[aw-er-au~her&~¥-havin~ ~risd&e~enT-b~-no~-½ess-~han-ene-h~ndred eeeurrenee~-and-ewen~y-five-~heusand-~e&½ars S76~3 ....... Fai~ure-ee-f&~e-eer~iiiea~es?-si~ned-by-~he ~f-~he-e~n~rae~ersX-~ieensin~-Beard-shewin~-~he eype-o~-po~iey'iss~edT-ehe-p~iey-numbe~?-~he-mame 'o6-~he-&nsurer~-~he-e6fee~ive-da~e-e6-~he-pe~iey~ daysZ-wr&~en-ne~!ee-by-mai~-~e-~he-seere~ar~-e6 ~he-eon~rae~ersA-~ieensin~-Beard-ef-~he-&n~en~-~e eanee~a~&en-oi-ims~aneeT-~he-seere~a~y-ef-~he eem~rae~orsA-~ieensin~-Beard-sha½~-suspend-~he Delete s~ricken lanquaqe; add underlined lan~a~e. eere~E~ee~e-eff-eempe~eney-end-reper~=~he~ma~e~-~e een~rae~or-by-~he-een~eekera~-~een~n~-B~ee~? S.6.gv~6 ....... Fe~u~e-~e-appear-½R-pe~on-e~-~hreugh-a-au~y eu~her½ze&-~ep~e~en~e~ve-e~-any-sehedu~ed-heee~Rg Sv&vgv~B ....... ~ee~pe~e~ee-e~-neg~i~e~ee-in-ee~due~-~e~k-~hieh 5vSvgv~9 ....... ?ak½ng-a-qua~y½ng-exam-for-a~o~he~? SvGvgv~o ....... £n~e~tng-in-~u~i~eas-due½m~-a-pee½od-ef-suspe~s~en? Boa~d-~ay-~½e½a~e-d~se½p~½~ary-proeeed~-ege~na~ a-~eensed-eo~rae~e~. "' sv$=e?e ........ An~-persem-who-be~ieves-~hee-a-eon~rme~o~-ho~din~-a sec~e~a~-~e-ehe-eom~ree~e~s+-Eieensim~-Boa~-om-e de½~ers-~Sse~ee~-~o-de~ra~-the-adm~mis~ee~em-eos~s ef-~he-eemp~a~n~=--?he-eemp~a&nin~-parey-sha}} s~e~e-wi~h-pe=eieu~er&~y-whieh-pe=~iem-e~-eh&s ee~ie~e-hes-been-vie}mee&-By-ehe-eem~=me~er~--The eemp}a&n~-ferm-she}}-~e-suBs~em~&e}~y-es-issuea-~y ehe-een%=ae~e~-B½eens&m~-Supervise~--~pen-reeeipe e~-a-eherge-ef-miseendue~-by-ehe-een~aeee=s ~icens&mg-eea~a-e~-a-privaee-pe=ey?-~he-~ui}&ing mei}T-return-~eceip~-reques~ear-a-~e%~er-~e-~he }&eensed-een~=ae~e=-et-his-½es~-knewm-edd=essr-as shewn-~y-~he-~eee~&s-ei-~he-een~eee~ersz-B&eems½mg Boe~dr-~nd~ee~ng~ sve?e=e~e ...... ?he-eime-e~-eemm½ssien-e~-~he-a~½e~ed-e~femse~ Delete stricken language; add underlined language. ~OOK !i ~&~B~4 ...... ?~e-~a~eT-~me-an~-~eee-e~-W~e~-~e-~m~e~ .~ een~ee~o~-½s-~e-m~eer-befere-~e-~em~ae~e~s~ eveva~ .... ~ny-~er~-may-have-a-ec~e-re~o~e~-~esen~-a~-~e hemr~n~-a~-h~s-own-e~pense~ E~eens~ng-Boa~-she~-be-res~oms~b~e-~er-am~ ~,&,a~?e ...... ~he-hear~mg-meed-ne~-be-eemdue~ed-aeeerd~m~-Ee eechn{ca~-ru~es-re~e~m~-ee-ev~demee-and-w~nesses~ ~-~o-be-eom~e~en~-an~-re~aB~eT-re~ard~ess-o~-ehe e~seence-o~-amy-eemm~n-½aw-er-s~e~u~ery~ru½e-wh~eh m~h~-mc~e-~roper-~he-e~m~ss~om-e~-sueh-e¥~demee~ Hecrsay-e¥~denee-may~be-eaed-Eor-ehe-~ur~ose-o~ eEEece~Ye-~o-~he-scme-e~eemt-~ha~-ehe~-are-mew-or herea~eer-ma~-be-reee~n~me~-~n-e~¥~-ae~ons~ e~e.e~s~ ...... Eech-~ar~-sha~-heve-ehe-r~h~-ee-ea~-em~-e~am{me w~messes?-ee-~mere~uee-eNh~b~s?-~e-eress-e~am~me op~os~n~-w~enesses-e~-any-ma~er-re~evan~-~e-~he ~ssues-eYen-~hou~h-~hat-me~er-was-neE-eovere~-~m ehe-~ree~-e~em~nm~en?-eo-{m~eaeh-en~-w{~nesa .eese~fy~-and-~e-rebu~-enY-ev~denee-ege~ns~-h~m~ S,e?8,4 ........ ~he-een~rme~ersz-E~eens~n~-Beer&-she~-ren&er-e dee~s~on-upeR-~he-eemp½a~m~-w~h~n-f~ve-~S~-wor~ng of-dec~s~onr-~he-eon~raceersz-E~eens~ng-Boar&-sha~ Delete stricken language; add underlined language. f~nd~ngs?-eene~s~ens-en~-~spes~em-s~e½~-~e-~n ............... ~he-een~rae~e~-has-~e~-v½e½e~edT~he-~ellewi~ mec~ena-ef-O~dlnamce and-~he-secre~ar~-~e-~he-Bcard-shei½?-wi~hin-f~Ye ~5~-werk½ng-de~s-af~er-~he-d½spesi~iea-ef-~he ~censed-een~ae~c~-an~-ee-ehe-eem~½a~aem~-~ Bicens&ng-Bee=d-mey-=eYeke-e-ee~=ae~e=as eer~ifiec~e-e~-eempe~emeyr-sas~emd-e-eem~=a¢~e=*s eer~&f&ea~e-ef-eemge~emey?-im~ese-any-}esse= 9ena}~y~-er-meNe-a-f&nding-~he~-~here-½s-ne-emase s?~?a~e An~-d~sc~p~ne~-ae~en-eaken-~Y-ehe-een~a¢~e~s~ .Eieensin~-Beard-shaii-e~era~e-frem-~he-de~-ehe de¢~s½on-is~rende~edv--~he-de¢isien-shai~-be censidered-rende~ed-a~ee~-a-ma~e~i~-ve~e-b~-~he een~rae~e~s*-Eieens½n~-Bee~d-½n-fave~-e~-saeh ac~ion~-and-af~er-sach-dee~sien-is-redaeed-~e Delete s~ricken language; add underlined lanOuaOe. be-pum&shed-es-prov&ae&-by-~aw?--Eaeh-&ey-sueh v&o~a~&on-eon~&flues-she~½-be-eons&de~e~-e-sepera~e o~ense~ Sv~ve ........ ~he-B~ard-o~-eoum~y-eomm&ss&eme~s-may-~a~e-am2 reser~-~e-equ&~ab~e-ee~&em-as-&s-meeesse~¥-~e prevem~-or-~o-remedy-amy-v&o~a~&em-o~-~h&s Delete stricken language; add underlined lan~guage. LDC pg. 6-1 SEC. 6.1.1 GENERALLY. In construction and interpretation of the language of these regulations, the rules established in this division shall be observed unless such construction would be inconsistent with the manifest intent of the Board of County Commissioners as expressed in the Collier County . Growth Management Plan, or an element or portion thereof, adopted pursuant to Chapters 163 and 186, Florida Statutes (1986) and Rules 9J-5 and 9J-24, F.A.C. The rules of construction and definitions established herein shall not be applied to any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto. These rules of construction aDD1v.to this Land Development Code and to any %~W.S. codes and rules adopted by reference that do not have speci(ic rules of construction. If any laW, code or rule. now or hereafter, 'adonted herein ~y reference, bas specific rules of construction. ~hose rules of construction shall supercede the rules o[ construction contained in this Division to ~he extent o~ any SDcons~steDcv or' conflict wi~h this Oiv~s%0~, Delete stricken language, add underlined language. LDC pg. 6-4 DIV. 6.3 DEFINITIONS. Abutting Prooertv or Ad4acent ProDert¥~ Properties having a boundary line or a portion of a boundary line in common with no intervening public street, easement (excluding utilities) or right-of-way. [See DIV. 3.2] For DurDoses of the Planned Unit Development District onlY. the ter~s "contiGuous", "abuttin~ DroDertv" or "ad4acent DroDertv" shall include Properties separated by either an intervening planned or developed PUblic steer right-of-way: provided, however, no portion of such separated properties shall be less than five ¢5) acres as se~ forth in Sec. 2.2.20.2.4. Delete stricken language; add' underlined language. LDC page 6-5 Amend, Div. 6.3, Definitions, by adding= ~dult DaY Care Center= AnY bui'ldin~ or buildinqs or other place. whether operated for profit or not. which undertakes throuqh it~ ownershio or manaqemenet to provide for ~ paF~ of the twenty-four (24) hour day. basic services to three (3) or more adults not related to the owner;operator by blood or marriag~, who require such services. Delete stricken language, add underlined language. LDC pg. 6-6 Agricultur~l Products: For the DurDoses of this code. a~ricultural products 'are those products primarily resulting from permitted agricultural activities in Section 2.2.2 of th~s Code. Such agricultural Products require little or no Drocessin~ after the prQduGtion or harvest sta~e in order to ready the Product for sale. including but not limited to Produce. fruits, trees, shrubs, orDamental, plants, honey.and nuts. Delete the stricken language, add the underlined language. LDC page 6-4 o V et o · 4" e d a v v o eta m act Stat men · d . ~: w v u dc o a W : o Protected c s: a e 'sted a e e te e on Stat o ' d o ed v species list. · . "' dsto Ve etation : woo a ts w t u o em b w o " a d u c e " e a e tha th ee fee 3~ mind s usua 1 a subca . a esources: C C u t 's va us o ' s' eo o ic a d o a c o e a v Ve etatio : a ve u e e · ed b acc te va ' c' ' c e c s c a eat ent on n : ve s c v ' s a u at'ohs a sa o e v e s t ' s st u tu s o i tor'ca and o e Ye et tion Ma : a d t u a w u ve et ta o inc ud ve a o o 'b t b ~ d Use a d Cove C1 ss' ca tern C S te 'nolo ~ ~ u s e d w a a me t - Conse vat'o a asta na e e e Delete the stricken language, add the underlined language. STAFF SIDE SHEET 10/14/92 LDC pg. 6-10 DIV. 6.3 Modify Definitions as follows: Care Unit: A residential treatment facility, other than a nursing home, where, for compensationT (if applicable), persons ~ receive food, lodging and some form of on-site therapeutic care on a daily basis. This type of care may involve psychiatric, psychological, medical, physiological therapies, behavior modification and other such services. This type of facility shall contain fifteen (15) or more res~den%sT ~ plus resident supervisors - v d , and shall permit all of the list of uses as permitted by Group Care Facilities (Category I and Category II ~i.e., adult congregate living facilities?~ foster care facilities~l ' s 'a d s the developmentally disabled a ~ ' 7 as ~ crisis and attention careTi displaced adult careTi homeless shelters?l mental ~ h~alth careTi .offender halfway houses?i spouse abuse careT~ substance abuse 'careTi and youth sheltersl). [SEE SEC. 2.6.26.] . Words ~ are Added~ Words Stru=k-Th=ough are Deleted. 056 279 LDC 6-12 C ste Deve o ment: A design technique allowed within o_~ ~ residential districts by conditional use. This form of development employs more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirements being placed in common open space. [SEE SEC. 2.6.27] Delete stricken language; add underlined language. Div. 6.3 Construction ActivitY: Any assembly, erection, substantial repair, alteration, or similar action, for or on any public or private right o~ wavo structures, utilities or simi~ Site Preparation: AnY clearing and ~radina, ewcavation and vegetation removal activity for which a permit i~ required. Delete stricken language; add underlined language. LDC page 6-16 v d : Any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-Of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, ~=ee ~ removal permits, a cu tu a e e ts, site development plan approval, subdivision approval (inclQding plats, plans, variances and amendments), rezoning, PUD amendment, certification, conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting development as defined in this Code. Delete stricken language; add underlined language. Div. 6.3 DwellinG, Multiple-FamilY: A group of three or more dwelling units within a single conventional building, attached side by side, or one above another, or both, and wherein each dwelling unit may be individually owned or leased, bu~-~he-}and-en-wh½ch ~he-B~&½~ng-~s-~eea~ed ~nitiall¥ on land which is under common or single ownership. For purposes of determining whether a lot is in multiple-family dwelling use, the following considerations shall apply: a. Multiple-family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments, condominiums, and the like= and may include the fee 9wDership of land beneath each dwelling unit following development from a common base of ownership, and-ehe-Bu~½d~ngs-are-n~-s~-~s~ed-~ha~-~e~s-and-yerds dwe}~ngs-&n-~he-~s~e~-eou½d-be-p~ev~dedT-~he-~e~ ==b. Guest houses and servants' quarters shall not be considered as dwelling units in the computation of Subsection a b above. ~?c. any multiple-family dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel, as the case may be, and shall only be permitted in districts where specifically designated. e?d. For the purpose of this Land Development Code, Time Share Estate Facilities shall be considered as intended primarily for transient occupancy and shall only be permitted in districts where specifically designated. Delete stricken language; add underlined language. 056 :283' DIV. 6.3 Revise Definition for Dwelling Unit: Dwelling Unit: A room or rooms connected together, constituting a separate, independent housekeeping establishment for no more than one (1) family, en-a-week~yr-mon~h½~?-er-~en~e~-bes~s7 and physically separated from any other rooms or dwelling units which may be in the same structure. A dwelling unit must contains sleeping and sanitary facilities and em~y-eme-~}~ a primary kitchen. Add new definition: Primary Kitchen: A food preparation area which contains ~ kitchen sink and a range or oven. f~eestandinG or built-in. Delete stricken language; add underlined language. STAFF SIDE SHEET 10/14/92 LDC pg. 6-20 Modify Definitions as follows: ' o==up½ed-by-no~-more-~han-s~x-~6~-~es~den~sT-p~us-sHpez, w~s~sT-and ar aci t · t a b u os u - v · v t d'sa o s c · s d ' b o u' ut as · d V O U abuse, e · d b e uses ' e te or use s a b b t - a ' w ' u ' o ' V ' WO~ld S ' ' · . . · W ' us d O O c ubst e ~ o US Words ~ are Added; Words S%r~ek-Threugh are Deleted. LDC page 6-21 Amendment to Division 6.3, Definitions, adding the following: a t eve me m · to e w't s' o t u t e s es ow se o' t w e ed Delete stricken language; add underlined language. STAFF SIDS LDC pg. 6-23 DIV. 6.3 Modify Definitions as follows= Group Care Facility= A type of facil h p environment for seven (7) to fourteen (14) res½dents care who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. a. Category I: A Group Care Facility designed to accommodate seven (7) to fourteen (14) eared-{o=-res&dents? care. plus resident supervisors ~ 0 - r d d st a ve Cod (i.e., adult congregate living facilities~ · e developmentally disabled ~ .0 · ' ' e o s d. b~ 7 'da t es s d d' t ' a de ~ed ' Sbu s t~ .4 5 . o ~ a e s e' o ov ' o a abuse. { [oster care facilities ~ b. Category II: A Group Care Facility designed to accommodate 5 ve 7 to ou eared-~o=-res~den~s7 care. plus resident supervisors e u t - ~ . This type of facility offers a higher level of personal and therapeutic care than a Category I facility (i.e., crisis and attention care, displaced adult care, homeless shelters, mental and ~ health care, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters). [SEE SEC. 2.6.26.] S va b v · w et o o - w w °' ' subs 'a a to o e · wo e e U. Co e Words ~ are Added; Words S~ruek-Th=ough are Deleted'. " 287 LDC page 6-23 Amend the LDC Definitions section, Division 6.3, as follows: Growth Manaqement Director er-eMP: The Growth Management D~rector or his designee. [SEE DIV. 3.15] Delete stricken language, add underlined language. LDC page 6-27 Kenneling= An establishment licensed to operate a facility housing dogs, cats, or other household pets o~ or the keeping of more than three (3) dogs, six (6) months or older, on premises used for residential purposes, or the keeping of more than two (2) dogs on property used for industrial or commercial security purposes. Alley~ A public or approved private way which afford only a secondary means of access to abutting proper%y ~ and which is not intended for general traffic circulation. Delete stricken language; add underlined language. LDC pg. 6-36 ~aintenance of Prg~e¢~e~ veg~t~o~= ~ trees, shrubs and woody aroundcover to ~aintain and promote un fo m natu a owt e r s t ve o t s e ' . ye U ' ' O de o a ~ ow a red~ced ' $ d w' ' w Delete the stricken language, add the underlined language. Add new definition: o t ~..~ Delete stricken language, add underlined language. LDC page 6-40 Amendment to Collier County Land Development Code, Div. 6.3, D~~/I~, correcting the following reference: - u : See Dwelling~l~. :i Delete stricken language, add underlined language. LDC pg. 6-47 ~ · Delete the stricken language, add the underlined language. LDC page 6-46 Amend the LDC, Div. 6.3, by adding the following definition= ~subdivfs~on: A cha~qe or ameDd~eP~ to an approved, recorded subdivision plat if such chanqe (a) af~eGts any street layout Sb0wn 9n such p~at. Cb) affects any area reserved thereon for public use or (c) diminishes the size of anv lot shown thereon and creates an additional buildin~ lot. Delete stricken language; add underlined language. LDC page 6-54 Amendment to Div. 6.3, Definitions, revising definitions of Wind Sign, as follows: Sign, Wind: Any sign or display including, but not limited to flags, hammers, balloons, streamers and rotating devices, fastened in such a manner to move upon being subject to pressure by wind or breeze, but shall not include official flags, emblems, insignias or pennants of any religious, educational, national, state, or political subdivision. [SEE DIV. 2.5] Delete stricken language, add underlined language. LDC Page 6-54 Silviculture: The practice of Droducina a tree crop and manaqing a parcel of land utilizina a Management Plan for continued crop of trees, which practice mav include but shall not be limited to leaving at least ten ¢10) larqe seed trees Der acre cleared. replanting with seedlings, coDicing esDeciallv in the c~s~ of cypress and/or artificial or natural seeding. Clearinq ~or th- conversion to another use. such as conversion to row crops OF clearing for development, even when the tree resource is utilize4 is not considered silviculture, Delete the stricken language, add the underlined language. LDC Pg. 6-60 'ii Yariance~ A relaxation of the terms of this Land Development '~ Code where such variance will not be contrary to ~ the public.interest and where, owing to conditions peculiar to the property and not the result of the actions'of the applicant, a literal enforcement of this Land Development Code would result in unnecessary and undue hardship on the land. A variance is authorized only for height, area, and size of structure or size of yards and open spaces, ~ signs, and off-street vehicular facilities ~~kg~__Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the land use district or classification. Delete stricken language, add' underlined language. 6-62 Revise paragraph $4 within definition of front yard. Yard Front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double frontage lots exist, the required front yard shall be provided on both streets. Where corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2, which lots do not meet minimum front yard requirements established in this Code, 1) only one (1) full depth front yard shall be required, 2) all other front yards shall be not less than fifty percent (50%) of the otherwise required front yard depth, and the full depth front yard shall be located along the shomter lot line along the street. In case of through lots, unless, the prevailing front yard pattern on the adjoining lots indicate otherwise, a full depth front yard shall be provided on all frontages. Where o~.e. of the front yards that would normally be required on a'through lot is not.in keeping with the prevailing yard pattern, the Development Services Director may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. Depth of a required front yard shall be measured so that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel to the front lot line. In the case of irregularly shaped lots, includinq cul-de-sacs the depth may be measure at right angles to a straight line joining the foremost points of the side lot line, provided the depth at any point is never less than the minimum ya~-requ~emen~ ~enqth of a staDdar~ parkina space as established within Sec. 2.3,4 of this Code, Delete stricken language; add underlined language. LDC page 6-62, 6-63 Yard, Side: The required open space extending along each side lot line between the rear lines of the required front yard and the rear lot line, or.in the absence of any clearly defined rear lot line, to the point on the lot farthest from the-rear line of the front yard. Where-~o~s-o~-re~or~-e~s~e~-~r~or-~e-%he-e~e¢%~we-da~e-o~ %he-m~n~m~m-s~de-yard-w½d~h-~equ~emefl~s-es~a~shed-~-~h~s ~ee~-~5~?- In the case of through lots, side yards shall extend from the rear lines of required front yards. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. Delete stricken language; add underlined language. LDC pg. B-4 Appendix B - Typical Street Sections and Right-of-way Design Standards, Revisions to Commercial/Industrial Section: Add revised Section on following page which addresses acceptable alternatives to the minimum County standards agreed to by the Transportation Services Administrator and the Project Review Services Manager. Delete stricken language, add underlined language. LDC page 2-172 Add page 2-79A Section 2.6.21.5 references an "Exhibit "A", but no such exhibit is included in the LDC. A new page shall be added to directly follow 2-172, to be paginated 2-172A and labeled Exhibit "A". Delete stricken language; add' underlined language. " .:....~- ~. ?.~.2 .."· ' . .... . ..:..,' .. :: ~L:,.... "::!::" ..' . '.";i:'..":. : ':: ......... '~" ';' :"::" ":'"":': " ----"' ' 10 O' WATERWAY---?,' ' ' :,.~.:. ~., .:., ~' .. , · LOT 1 , LOT gO' 80' · OR TYPICAL. . MORE LOT 2 LOT 5 lESS . ~' ,/ ~ " ' iO' THAN ~ ' ~:~ m~ ,~'~ 60' , ' . ~ ,' .. ..~~ ' ). . ..,. ..... . ......... ~::?...:~. · .. '. .". ~ ..":~,.~ <,LOT. g :' Amendments to Appendix A Delete the stricken language,, add the underlined language. Irrevocable Standby Letter of Credit A-2 to A-3 · Surety Bond A-4 to A-5 ~ ~ Escrow Agreement (Construction and i~. Maintenance) A-6 to A-9 Escrow Agreement (Maintenance) A-10 to A-12 Construction and Maintenance Aareement of Subdivision Improvements for Community Development Districts ~-13 to A-18 The following specimen forms are to be used as a guide to preparation of bonding instruments which will be submitted to the Collier County Board of Commissioners for guaranteeing the completion of required improvements with respect to this Code. Adherence to the forms will assure an expeditious review by the DeveloPment Services- Department and the Collier County Attorney's Office. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for required improvements by the Development Services Department or the County Attorney's office. These specimen forms mav be revised from time to time bY resolution of the Board of County Commissioners. Delete stricken language, add underlined language. CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS FOR COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS FOR COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of , 19 by and among , an independent special district and body politic of the State of Florida (the "District") , the ("Developer") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board"). RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of .the subdivision to be known as (the "Plat") . B. Division 3.2 of the Collier County Unified Land Development Code (the "Code") requires the District and the Developer to provide certain guarantees to the Board ~n' connection 'with the construction of the improvements required by the Pl~t. C. The District and the Developer desire to pro'vide the required guarantees to the Board hereby. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the District, the Developer and the Board do hereby covenant and agree as follows: OPERATIVE PROVISIONS: 1. Reautred ImprovemeBts. The District will cause to be constructed: (colleCtively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required Improvements will be constructed within thirty-six (36) months from the date that the Board approves the Plat. A-13 Delete the stricken language, add the underlined language. 056- :306 2. Security for Required Improvements. A construction fund (the "Construction Fund") has been established by resolution of the District adopted on , 19 (the "Bond Resolution,,) from which the cost of construction of the Required Improvements shall be paid. The Construction Fund shall be held in the custody of a bond trustee (the "Trustee"). Proceeds of bonds authorized to be issued by the District pursuant to the Bond Resolution (the "Bonds") shall be deposited, at a minimum, in the Construction Fund as follows: $ for costs of the Required Improvements (the "Construction Amount") and $ representing ten percent (10%) of the Construction Amount (the "Reserve Amount"). The Reserve Amount shall be retained as a reserve in the Construction Fund pursuant to Paragraph 5 thereof. In addition to the foregoing, proceeds of the Bonds shall be deposited with the Trustee to be held as capitalized interest and which, together with interest earned on the Bond proceeds deposited in the Construction Fund, shall be sufficient to pay interest on the Bonds during the ( ) month period following the issuance thereof. In addition, proceeds of the Bonds shall be deposited with the Trustee in the Debt Service Reserve Account established by the Bond Resolution in an amount sufficient to pay approximately months of debt service on the Bonds. There shall be sufficient monies in the construction fund to construct the required improvements and all other improvements authorized by the Bond Resolution, as well as to fund the Reserve. A~6nt. 3. Construction of Required Improve~p~. (a) Annexed hereto and made'a part hereof as Exhibit A is a Construction Schedule relating to the Required Improvements (the "Construction Schedule"). The District shall commence construction of the Required Improvements within (~) days following written construction approval to the District from the Development Services Department and the issuance, sale and delivery of the Bonds (the "Commencement Period',). The District will pursue construction of the Required Improvements to substantial completion within ( ) months following the end of the Commencement Period (the "Construction Period"). (b) In the event the District fails to: (i) commence construction of the Required Improvements within the Commencement Period; or (ii) substantially complete construction of the Required Improvements prior to the expiration of the Construction Period, upon written notice to Developer by the Board, Developer shall immediately become responsible for the construction of the. Required Improvements. .The obligation to construct the Required Improvements within the Construction Period shall be a joint obligation of both the District and the Developer. A-14 Delete the stricken language, add the underlined language. 4 Board's Preliminary Acceptance of Required Improvements. The Board shall not consider the Required Improvements complete until a statement of completion by the District's or Developer's consulting engineers, together with the final project records related thereto, have been furnished for review and approval to the Development Services Director of Collier County, Florida (the "Director") for compliance with the Code. Within sixty (60) days of receipt of the statement of completion from the District, the Director shall submit his recommendations concerning the Required Improvements to the Board. Upon the Board's receipt of the Director's recommendations, the Board shall, within thirty (30) days thereafter, either (a) notify the District or Developer, in writing, of its preliminary acceptance of the Required Improvements (the "Preliminary Acceptance"); or (b) notify the District or Developer, in writing, of its refusal to preliminarily accept the Required Improvements, therewith specifying those conditions that the District or Developer must fulfill in order to obtain the Board's Preliminary Acceptance of the Required Improvements. In no event shall the Board refuse Preliminary Acceptance of the Required Improvements if they are constructed and submitted for approval in accordance with the requirements of this Agreement. 5. Maintenancg and Reserve Amount. The District or Developer as the case may be shall maintain all Required Improvements for a minimum of one year after Preliminary Acceptance by the Board; as soon as practical after the one year mainten~.n~e period by the District or Developer has terminated; the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final acceptance by the Board (the "Final Acceptance"), the District's responsibility for maintenance under this Agreement of the Required Improvements shall terminate; otherwise, the District's responsibility for maintenance generally shall continue until Final Acceptance by the Board. Sums equal to the Reserve Amount shall be maintained by the Trustee on deposit in th~ Construction Fund until the Final Acceptance of the Required Improvements. The Board shall reflect its acknowledgement of such finding by notifying the District, in writing, of its final acceptance of the Required Improvements (the "Final Acceptance"). Upon receipt of notice of such Final Acceptance, the District shall no longer be required under this Agreement to maintain the Reserve Amount on deposit in the Construction Fund. In the event that during the Inspection Period the Director finds that all or some portion of the Required Improvements are not in compliance with the Code, the Director shall promptly specify, in writing, to the District those deficiencies that must be corrected in order to bring the Requi~ed Improvements into compliance with the Code. The District shall apply the Reserve Amount to payment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, the Developer shall bring the Required A-15 Delete the stricken language, add %he underlined language. ,oo Improvements into compliance with the Code. Upon correction of the specified deficiencies, the Director shall again inspect the Required Improvements and if found to be in compliance with the Code, shall submit such findings to the Board for its Final Acceptance thereof. 6. at co a . The Board acknowledges that this Agreement is a "Construction and Maintenance Agreement of Subdivision Improvements" within the meaning of, and meeting the requirements established by, Division 3.2.9 of the Code. The parties acknowledge and agree that following the Board's approval of the Plat: a. The Developer shall not be entitled to record the Plat until the Board receives: (1) Written notice from the Trustee that sums at least equal to the Construction Amount and Reserve Amount are on deposit in the Construction Fund (the "Trustee Notice"); (2) Written notice from District and the Trustee that: (a) the project for which bond proceeds have been received by District includes the Required Improvements; (b) such Bond proceeds are sufficient to'finance the Required Improvements as well as all other improvements to be financed by the Bonds (collectively "the Project") and to fund the Reserve Amount. The Trustee's representation that funds are sufficient to finance the Project for whcih Bond proceeds have been received as well as to fund the Reserve Amount is based upon the District ~ngineer's estimation of construction costs; and (c) the Project can not be amended or changed without the consent of the Board (the "Project Notice"); (3) A representation and warranty from the District that all governmental permits to enable the District to commence construction of the Required Improvements have been obtained ("Permit Warranty"); and b. Upon ~eceipt by the Board of the Trustee Notice, Project Notice and the Permit Warranty, Developer shall be entitled to A-16 Delete the stricken language, add the underlined language. record the Plat without further condition, other than payment of any related recording fees established by applicable law and the execution of the Plat by all required parties. 7. ~. The County shall have no liability whatsoever to the bond holders. Neither the enforcement of the terms of this Agreement by the County nor the failure to enforce such terms shall create any liability whatsoever to the bond holders, the District, or the Developer. Any disclosure document prepared by the District or Developer in the offering of such Bonds shall provide a statement as described above relating to'the lack of liability of the County. 8. ~. All of the terms, covenants and conditions herein contained are, and shall be, binding upon the respective successors and assigns of the District, Developer and Board. By execution below, the Trustee shall evidence its acknowledgment of and assent to the matters addressed herein. Any notice, demand, request or instrument authorized or required to be given or made hereby shall be deemed to have been given or made when sent by certified mail, return receipt requested, to the appropriate party at their address set forth below: To the District: To the Developer: To the Board: c/o County Manager Collier County Complex 3301 East Tamiami Trail Naples, Florida 33962 With a Copy to : Collier County Attorney Collier County Complex 3301 East Tamiami Trail Naples, Florida 33962 To the Trustee: A-17 Delete the stricken language, add the underlined language. IN WITNESS WHEREOF, the District, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives as of this day of _, 19__. SIGNED, SEALED AND DELIVERED DISTRICT: IN THE PRESENCE OF: ATTEST: By:__ District Secretary Its: DEVELOPER: w---i-~-ness DEVELOPER: By:. ~l-E~ess Its: ATTEST: BOARD: -'- J;kMES C. GILES, Clerk BOARD OF COUNTY COMI~ISSIONERS OF By: COLLIER COUNTY, FLORIDA By: MICHAEL J. VOLPE, Chairman Approved as to form and Legal Sufficiency: County Attorney Acknowledged and assented to: as Trustee under the within-mentioned Bond Resolution By: Its: Date: A-18 Delete the stricken language, add the underlined language. TY~O~33~KXCAL ~oas' Vol.,A- Staff Side Sheet TYPOGP~PHICAL ERRORS SEC. 2.1.3 ZONING DISTRICTS ESTABLISHED. In order to carry out and implement the Collier County Growth Management Plan and the purposes of this Code, the following zoning districts with ther applicable symbols are hereby established: Golf Course District (GC) · Rural Agricultureal District (A) Estate~ District (E) Residential Single Family-1 District (RSF-1) Residential Single Family~2 District (RSF-2) Residential'Single Family23 District (RSF-3) Residential Single Family-4 District (RSF-4) Residential Single Family-5 District (RSF-5) Residential Single Family-6 District (RSF-6) Residential Multiple Family-6 District (RMF-6) Residential Multiple Family-12 District (RMF-12) Residential Multiple Family-16 District (RMF-16) Residential Tourist District (RT) Village Residential District (VR) Mobile Home District (M~) Travel Trailer-Recreational Vehicle Campground District CTTRVC) Commercial Professional/Transitional District Commercial Convenience District (C-2) Commercial~Intermediate District'(C-3)' General Commercial District (C-4) Heavy Commercial District .(C-5) Industrial District (I) Conservation District (CON) Public Use District (P) Community Facilit~es~ District (CF) Planned Unit Development District (PUD) Corridor Management Overlay District (CMO) Mobile Home Overlay District Airport Overlay Districts (APO) Special Treatment Overlay District (ST) Historical and Archaelogioal Sites Desianatton (H) SEC. 2.1.14.3 Where ~he phrases "commercial districts", "zoned commercially", "commercially zoned", "commercial zoning", or phraseology of similar intent, are used in this Zoning Code, the phrases shall be constructed to include: C-l/T, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUDe. SEC. 2.2.1.2.2 (2) Recreational facilities that ser~e as an integral part of the permitted use, including but not limited to ct~b-hemse clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and rest rooms. Staff Side Sheet TYPOGRAPHICAL ERRORS SEC. 2.2.1.4.4 Maximum Rei~ht. Thirty-P~ive feet SEC. 2.2.1.4.10 ~ The maximum height of lights shall be twenty-five feet (25~) ~ee% except as otherwise provided for during the review and approval of a site development plan. Lights shall be located and designed so that no light is aimed directly toward property designated residential, which is located within two hundred feet (200t) of the source of the light. SEC. 2.2.2.2.2 (4) (b) A buffer yard of not less than one hundred fifty feet (150') in width shall.be p[~vided along each boundary of the site' which abuts any residentially zoned or. used property, and shall contain an Alternative B type buffer as defined within Div. 2.4 of this Code. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in Seet~em Sec. 2.2.2.2.2~(4) (a). SEC. 2.2.2.2.2 (8) USe of a mobile home as a temporary residence while a permanent single=family dwelling is being constructed, subject to the following= SEC. 2.2.2.3 (14) (b) The Plant ~s no grab%er than sixty feat ¢60'% in height and any material storage silos accessory to the Plant are no greater'than ninety ~9e~ feet ¢90'~ in height; SEC. 2.2.2.3 (1) (c) The es~th-m½n~ earthmin[n~ facility used by the Plant *s-se%beak shall maintain a minimum yard o~ at least five=hundred Tseef feet¢500'l fr~m the any property line. SEC. 2.2.2.4.1 Minimum Lot Arq~, F[ve ~5~ acres. SEC. 2.2.2.4.2 Mintmum Lot Width. One hundred en~ sixty=five feet (165'). SEC. 2.2.2.4.3 Minimum Yard, Reauirements. SEC. 2.2.2.4.4 M~n~mum Floor Area. F~ve Hhundred and P~ifty (550) square feet for single=family dwelling units. Staff Side Sheet TYPOGa~%PRICAL ERRORS SEC. 2.2.3.2.2 (6) Recreational' facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or ~ subdivision Bss~eF-pEan Dlat for that development. SEC. 2.2.3.4.3 (1) ~9~Seventy:five feet (75t). 'SEC. 2.2.3.4.3 (2) ~[9_yard. Thirty feet (30t) except for legal non-conforming lots of record which shall be computed at the rate of ten ~E9%~ percent ~10%~ of the width of .t~e lot not to exceed a maximum requirement of thirty ,~9a~ feet ~30'~. SEC. 2.2.3.4.3 (3) ~Seventylfive feet (75t). 'SEC. 2.2.4.2.2 (4). Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or ~ subdivision nas~eF-pEam Dlat for that development. SEC. 2.2.5.2.2 (3} Recreational facilities that serve as an integral part of a residentiaI development and have been designated, reviewed and approved on a site development plan. o=~ subdivision nas~eF-p~an ~ for that development. siztv 17,2601 square feet for each dwelling unit· SEC. 2.2.5.4.2 ~~ ~ee feet SEC. 2.2.5.4.3 (1) Front Yard= Thirty-F~ive ~3S~ feet (35'~. SEC. 2.2.5.4.3 (2) Side Yard: Fifteen ,~S~ SEC. 2.2.5.4.3 (3) Rear Yard= Thirty ~Pe~ feet;30'~. SEC. 2.2.6.2 Pe,~nL~AsL~_~,es~The following uses ars permitted as of right, or as uses accessory to permitted uses, in the Residential Multiple Fem~y--~ ~ District ,RMP--~R~ ~. SEC. 2.2.6.2.1 (1) Multiple:family dwellings. SEC. 2.2.6.2.2 (1) Uses and structures that are accessory and incidental to uses permitted as of right in the RMP--*~ RMF-12~istrict. Staff Side Sheet TYPO(]RA~HICAL ~SEC. 2.2.6.2.2 (3) Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminar~ subdivision mes~e=-plan plat for that development. SEC. 2.2.6.4 ~i~ensional Standards. The following dimensional standards shall apply to all ps,mitred, accessory, and conditional uses in the Residential )galtiple Pem&~y--~ Family-12 District ~RMP--~ CRMF-12~. '' SEC. 2.2.7.1 ~UrDOSe and Intent...The purpose and intent of the Residential Multipl~'Pam~y--~6 Family-16 District (RMF-16) is to provide lands for medium =o high density multiple~family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial or collector roads on the County major road network. Governmental, social, and institutional land uses that serve the imm~diate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multiple~family character of the District. The ~RMP--}6~ l~MF-16 District .,-. .... SEC. 2.2.7.2 Permftted Uses. The following uses are permitted as of right, or as uses accessory to permitted uses, in the Residential Multiple Fem~y--~6 Family-16 District ~RMP--~6~ CRMF-16}. SEC. 2.2.7.2.1 (1) Multiple~family dwellings. SEC. 2.2.7.2.2 (1) Uses and structures that are accessory and incidental to uses permitted as of right in the RMP--~6 RMF-16 District. SEC. 2.2.7.2.2 (3) Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or Drelim~nary subdivision mas~e~-~a~DJ, at for that development. SEC. 2.2.7.4 Di~ensional Standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Residential Multiple PomE~y--E6 Family-16 District SEC. 2.2.7.4.2 Minimum Lot Width. One hundred an~ fifty feet (l~0'). Staff Side Sheet TYP~RAPHICAL ERRORS SEC. 2.2.7.4.3 Minimum Yard Reauiremente. Thirty~P~lve feet SEC. 2.2.7.4.4 Maximum Hetoht~ Seventy~five feet SEC. 2.2.7.4.5 M~ximum DensitY. Actual maximum density shall be .. determined through application of the Density Rating System established in the Collier County Growth Management Plan, not to exceed six, sen (16) ' dwelling units for each aross acre. SEC. 2.2.8.2.1 (2) Multiple~family dwellings. SEC. 2.2.8.2.2 (1) USeS and structures that are accessory to the uses permitted a~fof right in the ~RT~ District. SEC. 2.2.8.2.2 (4) Recreational.facilities that serve as an integral part of the permitted use designated on a e~te development plan or subdivision ~as~e=-p}en plat that has been previously reviewed and approved, which may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. SEC. 2.2.8.3 (7) Permitted uses not to exceed one hundred twenty-five fee~ 1125'~ ~ee~ in height. SEC. 2.2.8.4.2 ~[mimum Lot Width. One hundred a~ fifty feet SEC. 2.2.8.4.3 Minimum Yard Reuuirements. Fifty-five percent (55%) ps=sent of the building height with a minimum of twenty ~8z~ feet ¢20t~. SEC. 2.2.8.4.4 Maximum Heioht. Ten (10) stories or one hundred ~ee~ feet ~100'~, whichever is greater. SEC. 2.2.8.4.5 Maximium Density Permit~ed. A maximum of twenty~six (26) units per acre for time shares and multi-family when located within an Activity Center or if the RT zoning ~s in existence at the time of adoption of this Code. SEC. 2.2.8.4.7 Minimum Floor Area ~eauireme~ts. SEC. 2.2.8.4.7.1 Five hundred (500) square foot minimum for time share facilities. Requirements for multiple family, efficiency - four hundred fifty (450) square feet; 1 bedroom - six hundred (600~) square feet; 2 bedroom or more - seven hundred fifty (750) square feet. Staff Side Sheet ','" TYPOGRAPHICAL ERRORS "~' '' '~ SEC. 2.2.8.4.10 LandscaD~n~ Requirements. As required in Div. 2.4. SEC. 2.2.9.2.1 (3) Multiple:family dwellings. SEC. 2.2.9.2.2 (3) Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision mes~er-p~sn Dlat for that development. Recreational facilities may include but are not limited to golf cpurse, clubhouse, community .4 center building ~6d tennis facilities, parks, playgrounds and playfields. ~ · SEC. 2.2.10.2.2 (3) Recreational ~acilities that serve as an · ~~.,.~, integral part of a residential development and have been designated, reviewed and approved on a .,~.... site development plan or preliminary subdivision .i' ,~. mas~e=-p}an Dlat for that~development. S~C. 2.2.10.2.2 (4) One (1) singlezfamily dwelling in conjunction with the operation of the mobile home park. SEC~ 2~2.10.4.3.1 Front Yard. Twentylfive feet (25') except when _. adjacent to public roads"e~ternal to the -- boundaries of the project, fifty feet (50'). SEC~ 2.2.10.6 Reuuirements and Standards for Hurricane Shelters. ~ ..... All new, or existing mobile home subdivisions in the process of expanding, which are twenty-six ""i .. units or larger in size and are located in :'T--..-'. v--' e~ategory 1, 2 and 3 hurricane vunerability zones as specified in the current National Oceanic and Atmospheric Administration~s Storm Surge m~odelA ~own as ~a. Lake and Overland Suraes from Hurricanes (SLOSH), shall be required to provide .~ emergency shelters. ~C2~2~10.6.2 Shelter' Elevation. The shelter shall be elevated to : ........ a minimum height equal to, or above, worst case -. a -,~- Category 3 flooding level (+16 feet above .' ..... utilizing the current National Oceanic and Atmospheric Administration's Storm Surge Hodel~ known as Sea. Lake and Overland Suraes from ..... Hurricanes "£SLOSHI". SEC.--2.2.10.6.4 (17) any required shelter space as herein ...... · ' provided may be equally designed to incorporate the above requirements and to .. serve a double purposes for the day-to-day 't needs'of mobile home park residents as · . part of the common amenities regularly .. available to park residents. Staff Side Sheet ~' TYPO(]~WPHICAL ERRORS SEC. 2.2.11.1 ]~Ar~The provisions of this district .~ are intended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles, not exceeding ~ ~LghJlX14801 square feet in gross floor area. Such trailer.lots ara intended to accommodate travel trailers, park model travel trailers, pick-up coaches, motor homes, and other vehicular · accommodations which are suitable for temporary · habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recr~ting. TTRVC vehicles may be permanently located:bm a lot~ however, no person or persons may occupy said vehicles as permanent places of residence. The maximum density permissible in the Trave~-Trai}eF-ReeFea~iena~ Veh~e½e-eampgFe~nd TTRVC District within the Urban Mixed Use land use designation shall be g~ided, in part, by the Density Rating System contained in the Future Land Use Element of the Collier County Growth Management Plan. The maximum density permissible or permitted in a district shall not exceed the'density permissible under the Density Rating System. The maximum permitted density permissible in the TTRVC District within the Agricultural Rural District.of the Future Land Use Element shall be one //l-u~i~ per fivl~ acres. SEC. 2.2.11.2.2 (2) One (1) singlelfamlly dwelling (not a TTRVC unit) in conjunction with the operation of the TTRVC park. SEC. 2.2.11.2.2 (4) (1) Enclose~ utility/storage area of the same siding material as that of the associated recreational vehicles, ~ot to exceed an area of sixty (60) square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened-in porch where such perth is attached to the vehicle as herein provided. SEC. 2.2.11.2.2. (4) (2) A screened-in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreational vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. ~"' Staff Side Sheet .. TYPO~RAPHIC~I~ ERRORS ': SEC. 2.2.11.2.2. (5) Campgrounds containing ~De hundred spaces or more shall be permitted a convenience commercial facility no greater than fifteen thousand ¢15.000) square feet · " ~5799e~ in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and lighting, from any public or private street or right~of~way external t0fthe park. SEC. 2.2.11.3 (1) camPing e~abl~s subject to the following= Standards~ SEC. 2J2.11.3 (1) (a) One ¢1~ e~amping ~abin per approved TTRVC Blot. SEC. 2.2.11.3 (1) (b) The maximum number of e~amping etabin Blots in ~ny one fl~ TTRVC PRark shall be ten percent (10%) of the total number of approved TTRVC Blots, not to exceed a total number of twenty (20) e~amping e~abin Blots. SEC. 2.2.11.3 (1) (c) Maximum floor area of T~wo hundred and twenty (220) square feet. SEC. 2.2.11.3(1) (e) Camping e~abins may not be designed as a permanent residence, however, tie downs or other safety devisees may be used in order to provide security against high winds. SEC. 2.2.11.3 (1) (f) Camping e~abin~ mus~ be constructed of natural wood materials such as logs, redwood, cedar, or cypress in order that it may blend harmoniously into the natural ' landscape character normally found in am TTRVC or camp-ground setting. SEC. 2.2.11.3 (1) (g) The general development standards required for the TTRVC park shall be applicable to the e~amping e~abins Blots. SEC. 2.2.11.3 (1) (i) At least one fl~room of the camping cabin must have a minimum of one hundred fifty (150) square feet of floor area. ':": Staff Side Sheet ~'. TYPOGRAPHICAL ERRORS · ~ SEC. 2.2.11.3 (1) (J) If e~amping e~abins are to be located in a ' flood hazard zone as delineated on the most recent Flood Insurance Rate Maps, all requirements cf Collier County's Flood Damage Prevention Ordinance must be met. SEC. 2.2.11.3 (1) (k) A party shall be allowed a maximum length cf stay cf two (2) weeks in a ~amping e~abin. SEC. 2.2.11.4 Dimensional Standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Travel-Tra£1er-Recreational Vehicle Campground District (TTRVC). SEC. 2.2.11.4.2.1 T~o thousand and eight hundred (2,800) square feet for travel trailer and park modal lots. SEC. 2.2.11.4.2.2 One thousand and eight hundred (1,800) square feet for campsites lots. SEC. 2.2.11.4.4 M~nimu~ Yards Reaufremen~s (Principal and ~ccessor~ Structures). SEC. 2.2.11.4.4 (4) From exterior boundary ~.PRark. Fifty-feet (~o'). SEC. 2.2.11.4.7 (2) One hundred fifty.(l~0) square'feet for each lot or desEg~ed desianated space in excess of one hundred (100) lots or spaces~ SEC. 2.2.12.1 Purpose a~d Intent. The provisions of this district are intended to apply to areas located adjacent to highways and arterial roads. The C-1 Commercial Professional/Transitional District is intended to permit those uses which minimize pedestrian and vehicular traffic. Landscaping, controlled ingress and egress, and other restrictions are intended to minimize frequent ingress and egress to the highway from abutting uses. The C-1 District is designed. to be compatible with all residential usesA as well as residential uses located along arterials. This ' district is also intended to apply to those areas that are transitional, located between areas of higher and lower intensity development that are no longer appropriate for residential development: · The uses in this district are intended as an alternative to retail and meet the intent of the c-1 Commercial Professional/Transitional District. Those areas identified em as transitional (T) Shall be further noted on the zoning atlas as C-1/T. Staff Side Sheet TYPO(~RAPHZCAL ERRORB SEC. 2.2.12.2.1 (5) Group Care Facilities (Category I and II); Care Units; and Nursing Homes~A subject to Sec. 2.6.26. SEC. 2.2.12.3.6 (d) Residential dwelling units are located above p~ne~p~e ~ uses; SEC. 2.2.12.4.2 ~lJ~~~One hundred feet (100') SEC. 2.2.12.4.3 (1) ~ A~enty=five fee= SEC. 2.2.12.4.3 (2) ~ A Fifteen feet (15'). SEC. 2.2.12.4.3 (3) ~ A Fifteen feet (15') SEC. 2.2.12.4.~ (4) ~en2y=five fee2 SEC. 2.2.12.4.4 ~ Thirty=five feet (35'). SEC. 2.2.12.4.5 ~ One thousand (1,000) sqv-~ ~ for each building on the ground floor. SEC. 2.2.12.6.2 ~ ~enty=~ve thousand (25,000) s~are fee=. SEC. 2.2.13.3 (1) (d) Residential dwelling units are loca2ed above pr*,e~p~e ~uses; SEC. 2.2.~3.4.2 ~O.e ~nUred end f~fty feet SEC. 2.~.~3.4.2 (~) ~ ~en~y:f~ve feet (25*). (2) ~~enty:f~ve fee= (2) ~~e~ty:f~ve fee= (25*). (4) ~y y~ard eAbu~ting a F~es~den~al p~arcel. A minim~ of fifty Se feet ~. SEC. 2.2.13.4.4 ~ Thirtylftve feet SEC. 2.2.14.3 (d) Resid~tial dwelling units are located above SEC. 2.2.14.4.2 ~ Seventylfive feet (75~). . TYPO~RAPHI CAL ~::RRORB SEC. 2.2.14.4.3 (1) Front Yard A Twentylfivs feet (25~]. (2) ~ ~ Fifteen feet (3) Rear Yard ~ Fifteen feet (15t}. (4) Any vYard ~Abuttin= a ~Res~dent~al ~Parcel. ~en~ylfive feet (25~). (5) WaterfronC. ~enty~five fee~ (25~). SEC. 2.2.14.4.5 Minim~ Floor Area o~ P~m~e' ~ S~cture. One ~ousand (1,000) s~are feet for each building on the ~ound floor. SEC. 2.2.15.1 ~ose and Intent._.;'~e p~ose and intent of the General Co~ercial Distric= (C-4) is to concentrate co~ercial development a~ ~a intersections of arterial roads on the County's major road network where traffic ~mpacts can readi%y be acco~oda~ed, to avoid str~p and disorgan~zed patterns of co~ercial development, and to crea~e co~ercial centers w~th~n Collier County where co~erc~al development can benefit f~ ~ prox~mity to other co~erc~al centers. SEC. 2.2.15.2.1 (1) Unless othe~se, provide~ for ~n th~s C~e, all pe~itted uses ~n the C-3 Co~erc~al Inte~ed~a~e D~str~ct. SEC. 2.2.15.2.2 (1) Uses and st~ctures tha~ are necessa~ and inc~dental to tbs uses ~tted as a ~ r~ght ~n the C-4 Dist~cC.. SEC. 2.2.15.3 (8) Hotels and Hotels.(groups 7011, ~021, 7041 when located outside and Activity Cen~er) SEC. 2.2.15.4.3 (1) Front Yard. ~enty~five fee~ (25~), plus one foo= (1~) for each one foot (1~) of building height over f~fty feet (50~). SEC. 2.2.15.4.3 (4) ~v ~Yard aabutt~n~ a ~Res~dent~al ~Parcel. ~entylfive fee= (25~). SEC. 2.2.15.4.3 (6) Waterfront. ~entylfive feet (25~). SEC. 2.2.15.4.~0 H~n~a~ ~ndscap~ng. ~ red,red .~n Div. 2.4. SEC. 2.2.15 1/2.2.1 (17) outdoor Storage Yard, provided outdoor storage yard shall not ~ located closer than twenty-f~ve feet ~25~% to any public street and that such yard shall be completely enclosed, except for necessa~ ingress and egress, by an opals fence wall not less than s~x feet (6~} high, or e~alent landscaping or thereof, and provided further that ~' TYPO~RA~RICAL provision shall not permit wreckinq yards, -: Junk yards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage or sesend-ha~d · ~ building materials, Junk automotive vehicles, or seea~d-he~d ~ automotive yehicle parts. SEC. 2.2.15 1/2.3 (3) (a) All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties' lying within~ 15001 feet of the Child Care Center's nearest'property line. SEC. 2.2.15 1/2.3 (3) (a) (1} (a) Hazardous Materials - A material that has any of the following propertiesFl ignitable, 'corrosive, reactive, end,or ~ toxic. SEC. 2.2.15 1/2.3 (3) (b) It shall not be located within f~ve ~£500'1 feet of the nearest property 1.ina of land uses encompassinq wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. SEC. 2.2.15 1/2.3 (3) (d) It shall have a minimum lot area of twenty ~ I20,0001 square feet and a minimum lot width of ~ ll00'l feet. SEC. 2.2.15 1/2.3 (3) (e) It shall provide a ~lnimum usable open space of no less than ~130%1 of the total square footage of the lot area. SEC. 2.2.15 1/2.3 (3) (f) It shall provide that all open spaces to be used. by children will be bounded by a fence of no less than fl~e feat ~5'} in height, to be constructed of wood, masonry or other approved'material. SEC. 2.2.15 1/2.3 (3) (h) It shall comply with the State of Florida? Department of Health and Rehabilitative Services Child Care Standards, Florida Administrative Code, Chapter 10H-12, ~ffective March 11, 1986. SEC. 2.2.15 1/2.3 (12) Permitted uses with less than il,0001 square feet off gross floor area in the principal structure. Staff Side Sheet SEC. 2.2.15 1/2.4.3 (1) ~l~Y~r~ Twenty~five feat (25~), plus one foo= (1t) for each one foot (1~) of building height over fifty fee~ (50'). SEC. 2.2.15 1/2.4.3 (4) G~C. 2,2,15 1/2.4.3 (6) ~ ~e~t~a ~ae~ (25'), SEC. 2.2.15 1/2.4.10 ~As red,red tn D~v. 2.4. SEC. 2.2.16.2 ~~e. follow~ng uses, as ~dent~f~ed within ~e S=andard Industrial Classif~cat~on Manual, or as othe~se provided for w~thin th~s section, are pe~tted as a ~ r~ght, or as uses accesso~ to pe~itted uses in the Industrial D~s~r~ct (I). SEC. 2.2.16.3 (1) (a) All areas and surfaces readily accessible to children shall be free of substances and hazardous materials. shall ~nclude all adjacent and abutting properties lying within ~ 1500~1 fee~. SEC. 2.2.16.3 (1) (b) Shall not be located w~th~n~ ~1500~1 ~e~ of ~e neares= proper~y line of land uses encompassing wholesale storage of gasoline, ~ed petrole~, gas, oil, or other fla~able l~ids or gases. SEC. 2.2.16.3 (1) (d) Shall have a m~n~mum lot area of~ ~ 120,0001 s~are feet and a minimum lo= w~dth of ~ ~100~1 SEC. 2.2.16.3 (1) (e) Shall provide a m~n~ usable open space of no~ less than ~130%1 of the total s~are footage of ~e lot area. SEC. 2.2.16.3 (1) (f) Shall provide ~a~ all open spaces to used by children will be bounded by a fence of no~ less than f~ve feet ~ height, to be const~cted of wood, maso~ or other approved mater~al. SEC. 2.2.16.3 (1) (h) Shall comply with the State of Florida Depa~men= of Health and Rehabilitative Services, Child Day Care Standards, Florida Adm~nistative Code, Chapter 10H-12, ~ffective March 11, 1986. Staff Side Sheet TYPOGRAPHICAL ERRORS SEC. 2.2.16.3 5. Fabricated Metal Products (groups 3482-3489). SEC. 2.2.16.3 57 6. Food and Kindred Products (2011 and 2048 including slaughtering plants for h=ma~animal and human consumption). SEC. 2.2.16.3 6v7. Leather Tanning and Finishing (3111)~ SEC. 2.2.16.3 Tv 8. Lumber and Wood Products (groups 2411, 2421, 2429). SEC° 2.2.16.3 eT 9..~otor ~'eight '~'aneportation and Warehousing (group 4226, oil,.~nd gas storage, and petrole~ and chemJcal bul~ SEC. 2.2.16.3 9~ 10. 0il and Gas Extraction (groups 1321, 1382). SEC. 2.2.16.3 }e~ 11. Paper and Allied Products (2611). SEC. 2.2.16.3 ~}~ 12. Petroleum Refining and Related Industries (groups 2911-2999). SEC. 2.2.16.3 ~ 13. Primary Hetals Industries (groups 3312-3399). SEC. 2.2.16.3 }~? 14. . .. SEC. 2.2.16.3 1~. Rubber and Miscellaneous Plastics Products (groups 3061-3089). SEC. 2.2.16.3 16. Stone, Clay, Glass, and Concrete Products (groups 3211, 3221, 3229,. 3241, 3274, 3291-3299). SEC. 2.2.16.3 17. Textile Hill Products (groups 2231, 2261-2269, 2295, 2296). SEC. 2.2.16.3 18. Transportation By Air (4581 A~irport, flying fields). SEC. 2.2.16.3 19. Transportation Services (4789 stockyards). SEC. 2.2.16.3 ~0. Wholesale Trade-Durable Goods (groups 5015, 5051, 5052, 5093). SEC. 2.2.16.3 21. Wholesale Trade-Nondurable Goods (groups 5162, 5169, 5171, 5172, 5191). SEC. 2.2.16.4.3 (6) ~ Fifty feet (50") T~PO<3RAPHICAL ERRORS SEC. 2.2.16.6 Fence Reauirements. All permitted or comditional uses allowing for storage other than within an enclosed building, including but not limited'to the storage of manufactured products~A raw or finished materials~A or vehicles other than passenger~ shall be required to screen said storage areas with a fence at least seven feet (7!) ~ee% in height above ground level from all adjacent or abutting residentially zoned or used SEC. 2.2.17.1 ~urDose and Intent. The purpose and intent of the Conservation Dietri~c. (CON) iS tO conseL've, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the'public. The CON District such publio lands as Everglades National Park, Big CTprese National Preserve, portions of Big Cyprssl Area of Critical State Concern, Fakahatchee Strand State Preserve. Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins State Park, and the Audubon Corkscrew Swamp Sanctuary. It is the intent of the CON District to require review of all development proposed within the'CON District to ensure that the inherent value of Collier County's natural resources era ~s not destroyed or unaccetably altered. . SEC. 2.2.17.2.1 (1) Publicly~0wned parks. SEC. 2.2.17.3 (5) ~er~h-H~g Earthmin~ng. SEC. 2.2.17.4.2 ~inimum Lot W~dth, One hundre~ and f~fty feet (~50,). SEC. 2.2.17.4.4 Ha×~mum He~aht. Thirty~five feet SEC. 2.2.17.4.7 LandscaD~na-Re~½~eme~s. As required in Div. 2.4. SEC. 2.2.18.1 B~st~-PurDose and Inten~ The Public Use District (P) is intended to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P District is intended to facilitate the coordination of urban services and land uses while minimizing the potential disrl~ption of the uses of nearby properties. Any public facilities that lawfully existed prior to the effective date of this Code and that are not zoned for Public Use District (P) are determined to be conforming w~th these zoning regulations. Staff Side Sheet ~ny future sx~ansion o£ these public facilities on lands previously reserved for their use shall be required to meet the regulations in effect for the zoning district in which the public facility is located. Government owne~ properties rented or leased to non-governmental agencies for purposes not related to providing governmental services or support functions to a primary civic or public' institutional use aha11 not be zoned for the Public Use District CP~, but rather, shall be zoned or rezoned according tO, the use types or the use characteristics which predominate. SEC. 2.2.18.2.2 (6) ~aF~h-M~n~q'~, provided the use of the excavated materials is utilized for governmental projects. SEC. 2.2.18.3 coMPLETE LINE SPACE BETWEEN 1i & 12 ~HOULD BE DELETED. SEC. 2.2.18.4.? M~B~Ha-La~dscaD[n~-~ee~½~emeB~. As required in Div. 2.4. SEC. 2.2.19.1 (2) Churches and houses of worship?. SEC. 2.2.19.4.2 M~[mum Lot W~dth. Eighty feet SEC. 2.2.19.4.3 DELETE COMPLETE LINE SPACE BETWEEN NOS. I & 2, 2 & 3, AND 3 & 4. SEC. 2.2.19.4.3 (1) Twenty-P~ive feet (25~) SEC. 2.2.20.3.1 (1)'Maximu~ res~dential de,city permissible for the overall PUD shall be guided, in part, by the Density Rating System'contained in the Future Land Uss Element of the Growth Management Plan. The overall maximum residential density permissible or permitted in s~ a PUD shall be calculated by dividing the total number of dwelling units by the total of gross acreage of the proposed PUD excluding the acreage of thu commercial and industrial tracts or increments. SEC. 2.2.20.3.1 (2).(e) Create a threat to property or incur abnormal public expense i~ areas subject to natural hazards, or SEC. 2.2.20.3.2 (2) (f) Be incompatible or inconsistent with surrounding neighborhoods or areas, or :. SEC. 2.2.20.~.2 (9) M~n~ L~ndscaptnq-Req~ements. ~s required in '~ Div. 2 · 4. SEC. 2.2.20.3.2 (10) (a) Eff~ciency Apartments. Two 121 spaces per dwelling unit. BEC. 2.2.20.3.2. (10) (b} One Bedroom. Two 121 spaces per dwelling unit. · SEC. 2.2.20.3.2 (10) (c) Two Bedrooms or more. Two 121 spaces per dwelling unit. BEC. 2.2.20.3.3 (1) Providing useble.'"~ommon open space within lndiv~dual tracts or increments to e~f-set offset and compensate for decreases in typical lot sizes or yard requirements. SEC. 2.2.20.3.3 (6} Providing for the integration and preservation of natural resources with developmentr through conservation of.natural resources such as streams, lakes, f~eed-pts~,s ~_~D~, ground water, wooded areas and areas of unusual beauty or importance to the natural ecosystem. SEC. 2.2.20.3.6 Dedication of Usable Open Space. A~ appropriate percentage of the gross project area shall be required to be dedicated to public use as useable usable open space for'all development after a determination by the Board of County Commissioners that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impactsor needs created by the proposed development. THIS IS TO BE CONSISTENT WITHINTHIS PARAGRAPH, AS WELL AS THE SPELLING THROUGHOUT DIVISION 2. SEC. 2.2.20.3.8 (2) In the event that the organization established to own and maintain common space or common facilities, or any successor organization, shall at any time after the establishment of.the conditions in accordance with the adopted PUD Master Plan of Development, the Development Services Director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. SEC. 2.2.20.3.13 (1) Permitted Pr~me~mte-Princimal Uses and Structures. SEC. 2.2.20.3.13 (2) (e) Wholesale and storage as accessory to the pr~neipte mrincina1 use. Staff Side'Sheet TYPO~RAPRICAL SEC. 2.2.20.3.13 (2) (f) Retail sales and/or display areas as acceisory to the ~e*p}e ~ use, not to exceed an area greater than ten percent (10%) pe=eem% of the gross floor area of the permitted structure. SEC. 2.2.20.3.13 (3) (a) MlnimumPUDArea= Ten~101 acres, except that a PUD less than ten 1101 acres but no~ less than.~z~tl21 acres in size may be considered if it meets the requirements for infi11 parcels in this Code and the Growth Management Plan and is compatible wi~h surrOdnding land uses. ' (b) Minimum Lot Area: 9JlqilI acre. (c) Minimum Lot Width. 1150'1 fea~.' SEC. 2.2.20.3.13 (3} (d) (1) Front Yard= Fifty fee~ (50~) feet. (2) Side Yard: Twenty feet (20~) feet, except.when abutting residentially zoned property then fifty, fleet (50~) feet. (3) Rear Yard: Fifty feet SEC. 2.2.20.3.13 (3} (e) Maximum Height of Str~ctures: Sixty-f~ve fee~ (65~) ~ee~, except when abutting residentially zoned property then thirty-five feet (3~~) feet. SEC. 2.2.20.3.13 (3} (l) Usable Open Space Req~e~ Thirty percent (30%) pereem~ of gross PUD area. SEC. 2.2.20.3.14 (1) When a residential m~xed-~sem~xe~usePUD containing a commercial tract or ~ncrement is located outside of an Activity Center, all commercial component~ of the PUD shall be subject to all provisions of the Future Land Use Element and other elements of the Growth Management Plan. SEC. 2.2.21.3.1 Goodlette:Frar~c Road. SEC. 2.2.21..4 Access. Twe-~-way ~ ingress and egress shall be a minimum of th=ee-h~d=ed~T_~ thirty feet (330~) from the nearest street intersection (measured from intersecting right-of-way lines), one:vay ingress and egress Staff Side Sheet shall be a minimum of fifty fset~(150') from ~he nearest intersection. SEC. 2.2.22 HOBILE HO~ O~Y DIS~I~ (~O): SPECI~ ~G~TIONS FORGO IN R~AGRI~~ DIS~I~S. SEC. 2.2.22.1 ~ose and In~en~. ~is sectio~ apply to ~ose a~i~l~ural areas where a minute of housing t~es a~a ~ foun~ ~o ~ appropriate within the district. It is in~ended that mobile homea allowed under ~is section shall only in ~e aaa Rural A~l~l~ural Distrtc=~ an~ only when the ra~irement~ and procedures of this section are SEC. 2.2.22.2 Establishment of Mobile ~ome ~erlav D~Strict ~ ~ overlay zoning classifica=ion as "Mobile Home Overlay Distric~ (~O)~, and to be designated on the Official Zoning Atla~ ~ the s~ol "~0" t~ether with the s~l of the basic zoning district which It overlays, is hereby established. SEC. 2.2.23.2.1 ~ ~ a~ea longi~dinally centere~ on a ~nway, extending two hun~ed~ (200~) beyond each end of the ~nway wi~ the width specified for each ~way for ~e mos~ precise approach existing or planne~ for eider end of ~nway. SEC. 2.2.24.8'paragraph 4 All site al~eration or ~ite ~ plan approvals of over twenty (20) acres shall 2.2.24.4, 2.2.24.5, and 2.2.24.6. SEC. 2.2.24.10.4 Upon the agproval of the transfer of residential development rights for an "ST" la~ by the Developmen= Se~lces Director, ~e proper~y o~er of ~e ~ST· la~d ~ha11 dedicate land to ~e County or a Starer or Federal agent; however, ~e lands may be dedicated in fee ~ to a private, not-for-profit conse~ation or enviro~en~al organiza~ion a~ in accordance with Chapter 704.06, Fla. Stat., as amended, with ~e approval of the Development Se~ices Director. SEC. 2.2.24.11 (7) Three (3) copies of an exerted deed of transfer of o~ership of the "ST" prope~y to the County or a StateT or Federal agen~ however, the lands may be dedicated An fee ~ to a private, not-for-profit conse~ation Staff Side Sheet TI~.O~RAPRICAL ~RRORS environmental organization In accordance with Chapter 704.06 Fla. Stat., as amended, with the approval of the Development Services Director in a for~ approved by the County Attorney. SEC. 2.2.25.~.2 LAST SENTENCE The Preservation Board shall be provided the opportunity to present itse recommendations to the Planning e~ommission and Board of County Commissioners at their public hearings. SEC. 2.2.25.3.6 Final Subdivision Plat. Property under consideration for =?final subdivision plat, including construction documents within an area of Historical/Archaeological p~robability but not subject to 2.2.25.3.2 ...... SEC. 2.2.25.3.7 Site Develogment Plan [~DP}. Property under consideration for a~ aDP within an area of Historical/Archaelogical p~robability but not subject to... SEC. 2.2.25.3,10 Waiver Reauest. Properties located within an area of Historical/Archaeloglcal Probability with low potential for historical/archaeological sites may petition the Community DevelOpment e~ervices Administrator or his designee to waive the requirement for an Historical/Archaelogical Sur~ey and Assessment. T~e waiver application shall be in a form provided by the Community Development Services Division. The Community Development Services Administrator or his? designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaelogical sites. Justification shall include, but not be limited to, an aerial photograph interpretation, a description of historical and existing land uses, and an analysis of land cover, land formation, and vegetation. The Community Development e~ervices Administrator or his designee .... SEC. 2.2.~5.$.1 (8) Is the birthplace e=-grave or arave of an historical figure or is a cemetery which derives its primary significance from graves of persons of transcenden~ importance,.from age, distinctive design features, or from association with historic events~ or Staff Side Sheet SEC. 2.2.25.7.1 ~Hlstorical/Xrcheological designated sites, districts, structures, buildings, and properties as provided in Sec. 2.2.25.5.1 shall be ,}~ eligible for any financial assistance set aside for historic preservation projects by Collier County, the State of Florida or the Federal Government, provided they meet %ha reqalirements of those financial assistance programs. SEC. 2.2.25.7.5 ~J~BH-O~-'d~I~e-e~The Community Development Services AdministratDr or his designee may, byr written administra~i:ve decision, approve any variance request for any designated... SEC. 2.2.25.8.1 (1) The Community Development Services Administrator or his designee and Compliance s~ervices shall be contacted. SEC. 2.2.25.8.1 (5) (a) If.the identified area is determined to be eignificantA an... SEC. 2.3.2 - - ~ It is the intent of this division that the publ~= health, safety, comfort, order, appearance, convenience, morals, interest, and general welfare ~eq~*~ed ~ that every building and use erected or instituted after the effective date of this Code shall be provided w~th adequate off-street parking facilities for the use of occupants, employees, visitors, customers or patrons. SEC. 2.3.4.2 ~ Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well,graded cond~tio~. Up to RCr~f~l~lT0%l of the parking spaces for house of worship and schools may be surfaced with grass or lawn. SEC. 2.3.4.8 La'-~s~D:~lg~Bs constrtlcted so tha~ ~nterlor portions of facilities not utilize~vehicular specifically as a parking space or maneuvering or other vehicular use area shall not be paved but be landscaped ~n accordance with this Code, specifically DIv. 2.4. SEC. 2.3.4.11 (1) (a) The lots are contiguous or would be contiguous except for a roadway that is not designated as a collector or arterial An the Trafflc~L~gJlElement of the Growth Management Plan~ and~ Staff Side Sheet .: SEC. 2.3.4oll (2) (b) No off-site parking space is located further than three hundred feet (300!) ~eet from the butldinq or use ~hey are intended to serve, measured by the shortest feasible walkinq distance, unless special circu~stances exist under Sec. 2o3o4,11.5; · SEC. 2.3.4.11 (2) (c) The lots are not separated by an arterial roadway as designated in the Traffic Circulation Element of the Growth Hanagemen=..~lan; SEC. 2.3.4.11 (4) Where off-site parking cannot be approved because the property is located in an agriculturally or res~dem~*a~Ay-sened residentially zoned district... SEC. 2.3.4.11 (4) (b) No off-site parking space is located further than three hundred feet (300!) fee~ from the building or use they are intended to serve, measured by the shortest feasible walking distance, unless special circumstances exists under Sec. 2.3.4.11.5~ SEC. 2.3.4.11 (4) (c) The lots ~re not separated by an arterial roadway as designated in the Traffic C~rculat~o~ Element of the Growth Hanagemen= Plan~ SEC. 2.3.4.11 (4) (d) At least sixty-seven percent (67%) of the required parking for the development,s located on the lot with the pr~ncipal structure unless special circumstances exist under Sec. 2.3.4.11.5; SEC. 2.3.4.11 (4) (g) The off-site facility shall bm designed to mitigate any negative effects of this parking facility on neighboring res~de~%~a~y-~o~ed res~dentiallv zoned property. Mitigation shall included, unless specifically determined by the Board of Zoning Appeals not to be necessary: (1) No vehicular egress shall occur on local streets opposite of residential homes or within the building lines of unimproved single-family ~es~defl~a~}y-me~ed resident~a11¥ zoned property; Staff Side Sheet ~:]/ :. (2) Lighting shall be shielded, pointed '~ downward, and not over twenty fee~ (20!) feet in height so as to prevent . glare upon all neighboring residential proper~iea; and (3) A fifteen ~ (1~!) w~de landscape ~ffer strip shall ~ provided around ' . ~e entire perime2er where directly a~ts ~ prope~y. Six · , ~.(6!) fooe high ~ch~,ct~ally-fin~shea wall, fence, hedge,' or ~ co~ination and ten ~ (10~) ~ee% tall shade trees spaced no ~ore ~an twenty ~ ~eet apa~ on center shall red,red. ~e Board of Zoning Appeals may reduce ~e ~ee~ h~gh screening re~remen= ~14~ ~ee% h~gh w~th~n fron= yard setback areas-. ~' SEC. 2.3.4.11 (5) (b) ~ere the proposed off-site parking will se~e T~e~ora~ ~ark~nq for ~vents as desk,bed ~n Sec. 2.3.14. SEC. 2.3.4.11 (7) (a) ~e Co,unity Development Se~lces A~[n~strator or the Board of Zoning Appeals, whichever ~s applicable, may ~mpose retirements or conditions upon approval as appropriate to promote the publ~cr heal~, safety,, and welfare. SEC. 2.3.4.11 (9) No more than ~ 110%~ of a shopping centerls total parking requirement may be placed in the rear of the shopping center unles~ center has convenient and we11=1~qhted front and rear access for patrons and e~ployees and where the rear buildings are architecturally f~nlshed adjacent to rear access. SEC. 2.3.4.12.1 ~ST P~G~H · Fire d~str~cts may re~re these to ~ ~ncreased to fourteen ~ (14') where an a~te t~n~g radius ~s present SEC. 2.3.4.1~.~ ~ Each parking space shall be a minim~ of nine ~ (9') ~ee% by e~qhteen feet (18') ~n size exce92 for compact parking spaces allowed within Sec. 2.3.4.12.3 Staf£ Side Sheet ~"Y~C~XCXZ~ ~I~0~ SEC. 2.3.4.12.3 Minimum Comnact Snace Size. Xn retail commercial projects, up to fifteen percent (lS%}, and in all residential, office and industrial projects, up to twentyxfive percent (2S%)? of the required parking spaces may be designated ae compact spaces with minimum dimensions of eight .feet (S') by sixteen feet (16'). Compact spaces will only be allowed in pro, acts requiring twenty ~0A~ ¢201 or more parking spaces. The compact s~aces shall be cjustered in one ¢11 or more groups of epacee and dispersed throughout the site so that drivers using either compact or fullmsized spaces have equal access to the moat gpnvenient parking locations. Compact spaces shalI be designated by signs on every third space, painted mCompact" on each pavement space and double striped to indicate their status. Spaces provided in excess of the required number of spaces may all be compact spaces as long as compact spaces never exceed thirty~three percent (33%) of the total number of spaces provided. · SEC. 2.3.5 OFF-STREET PAR~ING= SHA~ED PARKING. For the purposes of this section, shared parking shall be defined as: off-site parking on property that normally ie not under the same ownership ae the structure or use the parking is designed to serve and consists of Joint parking, where parking serves an~ is credited for land usee on two ¢2} or more properties, and/or leased parking, where credited parking space is excess to the parking requirements of the lot on which it is located based on Sec. 2.3.14. SEC. 2.3.5.3.2 Ho shared parking space shall be located further than three hundred feet (300~) ~ee~ from the buildings or uses they serve unless special circumstances exist including, but not limited to: SEC. 2.3.5.3.2 (4) Where the proposed off-site parking will serve water-dependent and/or water-related uses~ and~ (§) Where the proposed off-site parking will only be for employees (limited to a maximum of fifteen percent (15~) pe~een% of the proJect'e total parking requirement). SEC. 2.3.5.4 (1) Where the request involves a church and another property whose predominant parkihg demand is between 7:00 A.M. and 6:00 P.M., Monday through Friday, or two (2) other properties, where the business hours of one (1) property do not overla~ withthe business hours of the other property, the credit for Joint parking spaces~shall not exceed fifty percent (50%) of the minimum required spaces for the property requiring the least amount of Staff Side Sheet · TYPO~P.W~KXC~L ~3~0R8 : spaces. The credit may be applied all to one '~ property or split between the two f2~ properties; · SEC. 2.3.5.5 ~redit for teased Off-Site Perkins Spaces. Credit for leased off-site parking spaces shall be limited in all cases to thirty=five percent (35%) of the land usee'e parking requirement, that the parking ~pacee are proposed to serve. SEC. 2.3.5.6.4 The shared parking plan will solve parking problems that were not create~ b~ the owners or lessees of the subject properties~ SEC. 2.3.10 ~F-STREE~ P~dlK~6= E~CRO~C~ME~PP P~OHYBTTED. Required e~atree~ off-street parking shall be located so that no automotive vehicle when parking shall have an7 portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. Xf necessary, wheel stops or barriers maM be required in order to enforce this provision. SEC. 2.3.12.1 A Site Development Plan is submitted to and approved in accordance with Sec. 3.3.5. SEC. 2.3.14 ~FF-STREE'P P~RK~ ~D S?~CE~G:' ~EOU~ED ~OUN~S. Minimum off-stree~ parking space requirements are set forth below. ~here stacking is required, the amount listed does not include the firs~ vehicle being serviced (for drive-in windows, stacking etarte ten fee~ ~10J_[ ~eet behind the middle of the pick-up window) and is computed at twenty feet ~20'_~ ~ee~ per vehicle (turns are computed at twenty-two feet ~22'_~ ~ee~ per vehicle measured at the outside of the d~ivewa¥). Stacking for one fl[ lane maM be reduced if the reduction is added to the other.lane(s). Airport (civil Aviation) One (l) per .SOO annual enplaned passengere. Airport (General Aviation) One (1) per each aircraft tiedown/atorage/~aintenance SEC. 2.3.14 PAP~GRAPH 3 UNDE~ "SHOPPX~ CENTER" ~hen more than ten merce~ ~10%1 of a ehopping center's total parking requirement... SEC; 2.3.14 PARAGRAPH ~ UNDER wSHOPPXNG CENTERs ~Then more than ten nercen~ ~10%1 of a shopping center's total parking requirement is placed... 337 Staff Side Sheet SEC. 2.3.19.2 For each multiple~famlly dwelling facility having at least twenty (20) dwelling units but not over fifty (50) dwelling units~ one (1) space. For each multiple=family dwelling having over fifty (50) dwelling unite: one (1) space, plus one (1) space for each additional fifty (50) dwelling units, or major fraction thereof. SEC. 2.3.20.1.2 One (1) space for each one hundred fifty 11501 metered on-street and publicly maintained and operated parking lot spaces. SEC. 2.3.20.3.2 Diagonal or perpendicular parking spaces shall be a minimum of twelve fi~t 112~_L fee% wide. SEC. 2.3.21.1.2 ~The e~panaton of any use shall require parking at fifty percent £50%1 of the minimum requirement as set forth in Sec. 2.13.14, for the expansion only. SEC. 2.3.21.1.4 Uses i~ }lew Buildt~os. Any use tn a building constructed after the effective date of this Code wtll be required to provide parking at fifty Derce~t 150%1 of the minimum requirement as set forth in Sec. 2.3.1~ .... SEC. 2.3.21.3 Q~f-Sfte Parkino AoTeements. In no way shall the provisions of the Immokalee Central Business District (ICBD) be construed so as to prevent establishments within the boundaries from taking advantage of off-site parking arrangements as set forth 'in Sec. 2.3.4.11. F~rthermore, the maximum distances eat forth tn Sec. 2.3.4.11 shall be increased to six hundred feet I600~ feet within the boundaries of the ICBD. ProperCiee within the ICBD entering Into off-site parking agreements with properties outside the ICBD may utilize the six hundred foot ~600~! ~ee~ rule. SEC. 2.3.21.4 Boundaries of the District. The physical limits of the Immokalee Central Business District~ are as shown on the official zoning atlas map of the subject area, and as described below: SEC. 2.4.3.1 Landscape Plan Reouired. Prior to the Issuance of any preliminary subdivision plat, final site development plan, or building permitt~ an applicant whose development ts covered by the requirements of this section aha11 submit a landscape plan to the Development Services Director. The landscape plan shall be prepared by and bear the seal of a landscape architect registered tn the State of FloridatA or otherwise be prepared by. persons authorized to prepare ...... Staff Side Sheet SEC. 2.6.3.1 ~n~j.'a~_E~]~us6~9~The height limitations contained ~n the B~vAs*enD.~[~4. 2.2 SEC. 2.6.4.1.3 W~ndow or well,mounted air conditioning units, chimneys, fireplaces, bay windows, or pilasters shall, not project over two feet'(2t) into a required yard. SEC. 2.6.4.1.4 Fire escapes, stairways, and balconies which are unroofed and unenclosed shall not project ne~ over f~ve feet SEC. 2.6.4.1.6 Fences, walls and hedges, subJec~ to Sec. 2.6.11, and padx~ounted air condit~oners are pe~tted ~n re~ired yards, subJe~ to ~e p=ovisions of SEC. 2.6.4.2.1 (1) St~ctures for which a Ce~ificate of Oc~pan~ or a Final Development Order has no~ granted. ~e Development Se~lces Director may a~inistratively approve minor after-the-fact yard encroac~ents up to two and one.half ~ (2.5%) ~ of ~e re,ired yard, to exceed a maxim~ of two and one.half inches (2.5"). SEC. 2.6.4.3.4 ~~ applicant under this section shall suni= a Si~e Development Plan as re,ired An Div. 3.3. In addition to contents of such a plan as re~ired ~ Div. 3.3, the applica~= shall submit such materials as will demonstrate that the placement of ~e proposed buildings in waterfront yards from which ~hey would othe~ise excludedl ,1) will,not adversely affect adJoini~g or nearby propertiesT~ a~dr ,2) will cause no adverse enviro~ental effec~s as a result of building placement as, re,es=ed. SEC. 2.6.33.4 ~ring ~e cons=~c=ion of any developmen~ for which a final development order has ~e~ the developer may re,es= a tempora~ use ~ to provide .... SEC. 2.6.33.5.1 Model sales offices shall be of a tempora~ and looated within a development under const~ction. Model sales offices shall no= be used for the offices of builders, contractors, developers, or similar activities. A temporary use pe~&~ ~ issued for a model sales office shall be issued ini~ially for a period of twenty-four (24) months and shall allow for ~e sale, resale or Stafff Side Sheet - TYPO<]I~PXICX~ L'P. RORS marketing of dwellings, structures, or property within the development~_%~g/l At is located, or adjacent developments under the same control. Ex~ensions beyond the ~n~t~al two (2} year may ~'~anted ~n accordance w~h Seo. SEC. 2.7.2.12.1 No =hange ~n the zoning classification of property shall ~ considered which ~nvo~es less ~an for~y ~ousand (40,000) s~are fee2 of area and hunted ~ (200~) ~eet of street frontage except= where ~e proposal for razoning of prope~y ~nvolves an e~ens~on' of an exis=~ng d~stric2 howdah, or where, the rezoni~g ~s ~nit~ated by the Board of County Co~iss~oners to ~mplemant Zoning Reevaluation Ordinance 90-23. However, the retirement of two-hundred feet (200~) of frontage shall no2 apply to rezone pet~2~ons that provide e~ghty percent (80%) or more affordable housing units. SEC. 2.7.2.12.3 Except as othe~sa provided w~th~n Sec. 2.7.3.4, all zoning approvals for which a f~nal develo~en~ order has no= ~en ~anted w~th~n ~l f~fth year of the data of ~ts approval sha11~ evaluated =o data,ina ~f ~e zoning classification for prope~y shoUld be changed to a lower, or more suitable classification. SEC. 2.7.2.12.3 (1) To e~e~d the ~rrent'z~[ng classification on the property for a max~ per~ of f~ve ~ years~ at ~a and'of which ~me, ~e prope~ shall again ~ evaluated under the procedures as defined here~n. SEC. 2.7.2.15 ~Approved F~nal Si~e Development p~lans shall remain in force for two (2) years. If no developmen~ (actual const~ct~on) has co~enced W~th~n Cwo ~ years, ~e Site Development p~lan shall I~rl .... SEC. 2.7.3.1.1 (4) Identification of all proposed tracts or in~ements w~n the P~ such a~, but not limited to= res~dent~al~ co, arc,alS ~ndus~r~al~ ~nst~tut[onal~ conse~at[on/prese~at~on~ lakes and/or o~er water management fac~l~t~es~'co~on open space~ buffers~ the location and f~ct~on of all areas proposed for dedication or to be rese~ed for co~un~ty and/or p~l~c use~ and areas proposed recreational uses ~nclud~ng golf ea~ses ~ and related facilities, and provisions for ownersh~p~ a~d operation, maintenance~ ~'~'~ Staff Side Sheet ~:' TYPOGPiJ~Z C~tT, ~3tRORB :. SEC. 2.7.3.1.1 (9) The location of existing roads, rights-of-way, · ~ and pedestrian systems with£n two hundred feet (200~) feet of the proposed PUD; SEC. 2.7.3.1.2 (1) Title Page to include N~ame of project; (3) List of N~xhibits; (4) State of Ccomplianca WHitehAll1 B~lements of the Growth Hanagement Plan; (6} Property e~wnership and 61eneral 9~sscription of e~wnership)~ (7) Description of PRroJect B~svelopmsn=; (13) Habitats and their boundaries ~dant~f~ed on an aerial photograph of the site. Habitat identification will be consistent with the ~lorida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph hav~ng a scale of one inch ~1") equal to at least ~_~1200~ ~ee% when available from the County, otherwise, a scale of at least one inch fl"~ e~al to ~ fee~ 1400'~ fee~ is acceptable. (14) Envirormental ~mpact analys~s pursuant to applicable provisions of Div. 3.8 (17) A plan for the p~oviaion of all needed utll£ties to and within the p}a,,e4-~e~mH~yPUD; including (as appropriate)T water supply, sanitary sewer collection and treatment system, storm water collection and management system, pursuant to related County regulations and ordinances; (18) Traffi= ~lmpact ana~ysis$ (19) Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the p}am~ed-mm~%-dsweAepmen%PUD and any of its common areas or facil£ties; (20) Development e~ommitments for all ~nfrastructures and related matters~£ (21) Whe~ determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed usest~ their relat~onship to Staff Side Sheet ~OGR3~ZCALZRRORB open space, recreation facilities, or traffic impacta~.or to assess requests for reductions tn dimensional standards, the Development Services Director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. SEC. 2.7.3.2.1 ~rea~Dlication Conference. PrloF to submission of a formal application for rezoning to PUD, tho applicant shall confer with the Development Services Director and other County staff, agencies, and officials involved tn the review and of such applications, and related materials. The applicant ts further' encouraged to submit a tentative land use sketch plan for review at the conference, and.to obtain information on any projected plane or programs relative to possible applicable Federal or State requirements or other matters that may affect the proposed deve~opme~t~), SEC, 2,?,3.2,~ (3) Conformity of the proposed ~evetepme~ PUD with the goals, objectives and policies of the Growth Management Plan. SEC. 2.7.3.2.1 (5) The adequacy of Heea~}s usable... (FOR CONSISTENCY THROUGHOUT THIS DIVISION) SEC. 2.7.3.2.5 {~) Conformity of th~ proposed BeveAep~e~t PUD wtth the goals, objectives and policies of ~he Growth Management Plan. SEC. 2.7.3.2.5 (5) The adequacy of ~saab}e usable...(FOR CONSISTENCY THROUGHOUT THIS DIVISION) SEC. 2.7.3.3 Effect of Planned Unit DeveloDEent Zontn=~ If approved by the Board of county Commissioners, the Nester Plan for Development and all other information and materials formally submtttbd with the petition shall be considered and adopted as an amendment to the Zoning Cods and ~ha11 become the standards of development for the subject H~t-geve~epme~ PUD. Thenceforth, development in the area deli~eated as the'PUD District: on the official Zoning Atlas shall proceed only tn accordance with the adopted develol~ment regulations and PUD Master Plan for said PUD District. Before development of any type may proceed, all agreements~ conditions of approval... Staff S~ds Sheet -~ SEC. 2.7.3.4 (1) Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by '~'le approved PUD Master Plan or other development orders for at least fifteen percent (15%) pereen%..o · SEC. 2.7.3.§.1 Substantial/Insubstant~al Chan~es,~ A~y change(a) to an approved ~Bv P~ Master Plan shall SEC. 2.7.3.5.1 (1) ~ere ~s a proposed change ~n (3)' ~ere is a p~0posed de,ease in prese~ation, conso~ation, recreation or open space areas within the developnent not to exceed five percen~ (SA) peFeen~ of the total average acreage previously desi~ated as such, or five (5) acres in area-T~ or (10) The proposed change Bewe}opnen~ P~ d~tstrict desl~ated as a Developnen= of Regional Impact (D~) and approved p~ant to Se~'~ 380.06, Florida S=atutes. SEC. 2.7.3.5.2 (2) Upon completion of the review, ~e Development Se~ices Dtrector~ shall provide a ~tten dete~ination to the applicant, or his legal represen~ative, confl~ing ~at ~o proposed change(s) do or do not constitute a substan=ial change to the approved P~Haster Plan based upon the evaluation of Sec. 2.7.2.5.1 Such ~y such dete~lnation made by the Development Se~ices Director nay be appealed to the Board of Coun=y Co~issioners. SEC. 2.7.3.5.5 Lanaua~e C~an~es. Language changes to a previously approved P~anned-en~-Beve~opmen~ PUD Document shall'require the same procedure-as for amending the o~ficial a~oning aAtlae. SEC. 2.7.3.5.6 M~or Chanaes Not Otherwise Provided For. It shall be understood that while a PAenfled-Ufl~-~eveAepmefl~ PUD ia required... SEC. 2.7.3.6 (8) Copies of all required monitoring reporter completed in past year (i.e., Traffic, Well Field, etc.) Staff Side Sheet .: SEC. 2.7.3.7 ~J~L~lg~Vlolatlon of thia section ahall be enforced aa provided in Dlv, SEC. 2.7.5.4 Notice of Plannin~ Co~ission l~blie Hearina. · " Notice of public hearing before the eell*e~-eeunty Planning Co~ztsslon... Hotice of the time and.place o~the public heartnq ~fore the ee~e~-ee~t~ Planntnq Co~tsston ahall ~ at least fifteen (15) da~s tn advance heartnq by ~all to all ~ers of prope~y three h~red.~ ,(300~) ~eet of lines o~ ~e land fo~ ~h~ch a variance ts sought. SEC. 2.7.5.5 Plannlna Co~sston ~bl~c Hearing. ~e public hearln~ shall be held b~ the Planning Co~tsslon SEC. 2.7.5.6 ~ Barfers any variance ahall be race.ended for approval to the Board oZ Zontnq Appeala, eoEE~e~-ee~ty Planning Co. lesion... SEC. 2.7.5.6 DELVE ~ L~HE B~ ~OS. 2 & 3. sec. 2.7.5.6 (3) ~1 a literal tnte~retatlon of th~s La~d-Beve~op~e~-Re~e~ono ~ Code degr~ve ~e applicant of'rights co,only enjoyed by other propert~es ~n ~e same zoning d~str~c=~der the te~s of th~s ~ and work ~necessa~ and ~due hardship on ~e applicant? SEC. 2.7.5.7 Conditions and Saffe~ard~ In reco~end~ng approval of any variance, ~e eeAL~eF-eounty Planning Co~[ss~on may reco~end appropr~a2e conditions and safe~ards ~n confo~tty w~th tho ~ Zoning Code,.... SEC. 2.7.5.8 Reco~endation of Dental. If the Planning Co~sston reco~ends... SEC. 2.7.5.9 Status of Pla~ Co~iss~o~ ReDO~ Reco~endat[ons~ ~e repot= and reco~enda2~on.of the eo}A*eF-eou~ty Planning Co~ss~on red,red above shall ~ adv~so~ only and shall not be b~nd~ng upon the Board of Zoning Appeals. SEC. 2.7.5.10 Notice of Board of Zon[n~ ADDeals ~bl~c Upon completion of ~e ~ubl~u ~earing ~fore the eeA~*eF-eoumty Planning Co~ss[on, not~ce of ~ubl~c ~earing shall be g~ven at least f~f2een (15) days in advance of the ~ubl~c ~ear~g for the Board of Zoning Appeals. The o~er of the ~taf£ ~O~RAPXZC]~tRORS property for which the variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of P~ublic H]learing shall be advertised... SEC. 2.7.7.2.3 PreaDDlication Conference. LAST SENTENCE ONLY Depending on the type of development proposed, the applicant may take the form of,' or be combined with, an application for a p~lanned ~nit d~evelopment CPUD}, a rezone, or an affordable housing density bonus development agreement. SEC. 2.7.7.2.4 (6] Whether the affordable housing density bonus is requestedin conjunction with an application for a pElanned ~nit ~evslopment (PUD), an.application for rezoning, or an affordable housing density bonus development agreement~ SEC. 2.7.7.2.7 Review and Recol~mendat~om b~ the PlannAnm Commission, Upon receipt by ~he Planning-Commission of the application for affordable housing density bonus and the written recommendation and report of the Housing and Urban Improvement Director, the Planning Commission shall schedule and hold a properly, advertised and duly noticed public hearing on the application.- I~the application has been submitted in conjunction with an application for a ,PUD~, then the hearing shall be consolidated and made a part of the public hearing on the application for the p~anmed-~n&~-deve}epmen~ PUD before the Planning Commission, and the Planning Commission shall consider the application for affordable housing density bonus in conjunction with the application for the 'p}enned deveAepmen~ ,PUD~. If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall be consolidated and made a part of the public hearing on the application for rezoning before the Planning Commission, and the Planning Commission shall consider the application for affordable housing density bonus in conjunction with the application for rezoning. In the event that'the application for affordable housing density bonus has not been submitted in conjunction with an application for p}a.ned-un~-deve~opmen~ ,PUD~ or an application for rezoning, then the application for affordable housing density bonus shall nonetheless be treated as a rszoning on the property and shall comply with the requirements of this Section. After the close of thepublic hearing, the Planning Commission shall review and evaluate tho application in light of the requirements of this d~ivision and the requirements,for a rezoning, and Shall reconend to the Board of County Co~missionersthat the application be denied, qranted or 9ranted wl~h conditions.. Ho~ever~ in ~he even2 ~a2 ~e applicakion for affordable housinq does no2 chanqe the dens~ties o~ ~ntens~2ies oE use or ~e zonlnq on ~e prope~ ~d does not a rezon~ng or p~a~ed-~t-de~e~ep~e~ ~ applica~ion (i.e., an appl~cation ~o ~ain~a~n ex~sitnq zon[nq on ~he prope~ ~n the face oE a do~zon~nq ~ou~h the Zon~nq Reevaluation Pr~a~)~ ~en the..applica2ion for affordable ho~s~nq density bonus shall co~ply ~l~ the re~re~ents fo~..develop~en~ a~ee~ents ~der collier Co~t~ Development ~ee~en~ Ordinance, as ~ell as the re~ire~ents of th~s Section, ~n off co~pliance ~tth the rezon~ng re~re~en~ referenced ~n th~s SEC. 3.2.7.1.1R ~e lnco~orakion and compatible development presen~ and fukure' streets as sho~ on ~e ~ra~sp~at~e~~ Elemen~ o~ ~e Collier CountM 6ro~h ~ana~emen~ Plan, when ~uch presen~ or futura streek~ ~ra affacked proposed s~ivisiom. SEC. 3.~.S SITE SEC. ~.~.S.~.2 ~S) (d). ~ca~ion and a~an~emenk of all proposed kha~ are ~o remaim). {o) (~) Ail parkin~ areas and drive=aisles. SEC. ~.~.S.S.1 (~) Off=S~tree~ parkin~ location, parkinq laMout dimensions, on-site ~raffftc cir~la~iom, and landscaping, includinq all handicap parkinq and acces~ provisions. SEC. ~.~.S ~Approved ~Anal ~evelopmen~ plus shall ~emain tm force for ~o years. If no devalo~ent ~a~ual const~ion) has co~enced wl~ln two~ Meats, the S~ita 9~evalopmen~ ~lan shall e~lre. One {1~ one-Meat e~ension may ~ran~ed for qood cause sho~ upon ~itten applAcation submitted to ~e Developmen2 Se~icea Director prior to e~iration off ~e precedin~ approval. ~en e~endinq the F~inal S~i~e ~evelopmen2 ~lan approval, the Developmenk Se~lces Direckor shall re~lre khe approval to De modified to Drtnq the plan into complAance with any new provision of e~ this Coda in eEfect a~ the time oE the extension re,es2. Staff Side Sheet DIV. 6.3 Adult Conare~ate Livino Facilitv fACLF); Any building(s), section of a building, distinct part of a building, residence, private home, boarding home, or other place, whether operated for profit or not, which Undertakes through its o~ersh~p or management to provide for a per~od exceeding twenty-four (24) hours, housing, fo~ se~ice, and one ~1) or more personal seduces for fo~ [4) or more adults, not related to the o~er or a~n~strator by blood or ~a~age, who re~ire such seduces an~ to provide l~m~ted n~s~ng se~ces, when specif~cally l~censed to do so p~suant to Florida Statute 400.407. ~e facility shall ~ l~censed and approved as such by Florida Depa~ment of Health and Rehabilitat~ve Se~lces.' A facility offering personal seduces or l~mited nursing se~ces for fewer than four f4} adults ~s wi~n ~e meaning of ~s definition ~t focally or ~nfo~ally advertises to or solicits the public rot'residents or refe~als and-holds ~tself out to the public to be an establ~s~ent which re~lar~y provides such A~fordable Hous~na~ A residential dwelling ~t w~ a monthly rent or monthly mortgage pa~ent, ~nclud~ng progerty taxes and ~nsuance, not ~ excess of one-twelfth (1/12) of~130%1 pe~e~ of an amount which represents~lS0%l peewee% (for ve~ low ~ncome), eiahtv percent 180%1 pe~e,% (for income), or one hundred Dercen~ ~}00%1 pewees% (for moderate ~ncome) of the median adjusted ~oss a~ual ~ncome for the household as published annually ~ ~e U.S. Department of Housing and Urban Development the Naples Metropolitan Stat~st~cal~ea (MSA). Affordable Hous~na Dens~tv Bonus Affordable Hous~n= Dens,tv Bonus (~B~) Affordabl'e Hous~n= Dens~tv Bonus [~DB~) Rat~n~ Svstem~ Affordable Hous~na Rental Un~t~ Affordable housing ~n the fo~ of a residential dwelling unit solely for ~ease or rent designated and rese~ed for oc~pan~ by a moderate, low, or ve~ low ~ncome household... Artifice1 L~oht~ ~y source of l~ght ~anat~ng from a man,made device... Blaster: ~ ~nd~v~dual employed ~ a User who detonates or othe~se effects the e~losion of an e~los~ve or who ~s ~n ~ed~ate charge and supe~s~on of one ~ or more... Staf£-sid~ Sheet TI'PO~It~P~X~,L ~RROR~ ~ Sha~-menn n~ area of land where .. racraat~on~vahicles supported by a fixed motor vehicle wheel base and ~ncludes, but t~ not l~m~ted toA travel trailers, c~pinq trailer~, t~ck campers, ~otor h~e~, van conversions, each of which shal~ not exceed two h~dred a,d forty (2401 s~are feet~ may ~ parked for perils of time as herein re~la~ed. ~ ~, ~ ~Di~lar potable unit... ~ A residential trea~en~ facility, o~er ~an a nursing home, where, for compensation (if applicable), persons receive fo~, l~ging and some fo~ of on-site therapeutic care on a daily basis. ~is t~e of care may involve psychiatric, psychological, medical, physiological therapies, behavior modification a~d other such se~ices. This t~e of facility shall contain fifteen (I5) or more residents, plus resident supervisors, and shall pe~it all of the lis2 of uses as pe~itted by Group Care Facilities (Catego~ I a~d Catego~ IIA ~i.e., adult con~egate living facilitAes, foster care facilities, the developmentally disabled, crisis and attention care, displaced adul~ care, homeless shelters, ment~ healt~ care, offender halfway houses, spouse abuse care, substance abuse'care, and youth shelters). [SEE SEC. 2.6.26] ~ ~ accesSo~ st~cture, consisting of a roof and supporting me~ersA such as col~s or ~ams, -not enclosed from the ground to the roof on at leas2 two ~ sides... ~ Certified sudsy, map of sketch of sudsy, plat of sudsy, right-of-way s~ey, or other similar titles shall mean any ~awing 9f a parcel or tract of real prope~y used for ~e p~ose of depicting ~e results of a field s~ey. Each drawing shall state ~e t~e of sudsy.it depi~s as defined in ~le 21, MinAm~ Technical Standards, and certified~professional land su~eyor. ~~ establis~en2 which provides for the care, protection, and supe~ision o~ a childT for a period of less ~han ~1241 hours a day... ~~ institution that people re~larly attend to participate in or hold' religious se~ices and other related religious ¢:' ';'i ' '055 3' 8' ":' 800K Sta££ Side Sheet ,,, activities. Other religious activities ~hat maybe .~ conducted by churches or places of ]L~l~tJ~worship include on=site child care... ~A riqht-of-~ay within a block dedicated .. the public usa, ten ~ (10~) feet or more in width, intended primarll2 for pedestrians and from which · otor~ropelled vehicles... . ~l-de-sac~Dead ~d Street: A ~inor stree2 wl~ only one ~ ou~le~ te~lnakinq a~ one ~ end wi~ a D~E ~ SP~CE B~ b. & c. ~ DEFICX~ SECH~: ~~ se~lca facility where fo~s such as meats, sandwiches, cheeses, salads and fish are prepared and sold or where these foods ara sold In a read,-to-eat state no~all~ for offf-premises cons~ptAon. cons~ption is allowed as an accesso~ use where ~e sea2inq is provided for ~10~ ~s2omers or less. ~stomer seating above~10l would make ~e ~siness a restaurant. - - · ~ tha~ includes a ~ive-uR or ~lve~ se~ice... ~~y building, or park ~ereof, inkended, desi~ned, used or oc~pied in whole or in pa~ as residence or living ~a~ers of one.or ~ora ~A dwelling unit which accessed from an interior co~on space in a ~ilding consisting of more ~han one ~ d~ellinq uni~... - · A ~oup of t~ea~ or more dwelling units wi~in a single conven2ional building, aktached side bM side, or one ~ a~ve snorer,... d. ~y multiple-familM dwelling in which dwelling units are available for rental for perils o~ less ~han one ~ week... ~ · A radius · ~1 miles from a respective ~ower unless a lesser radius has ~en approved. ~~e removal of an~ material to a dep~ ~reater than~~3~ feet ~low existing ~ade over any area. or ~~l~ fee~ bal~ existing ~rade over an area greater s~are fee~. Staff Side Sheet Family Day Care Ho~e~ (a) A family day care home =ay care'for a =axi=u~ of five (5) preschool children from =ore than one fl~ unrelated family and a ~axim of five (5) elemanta~ ~chool ~iblings of ~e pre=chooler= care after ~chool ho~s. ~e ~xia~ n~r five iS) preschool chll~en.,. · (b)~en ~e h~e Is licensed and provisions are for s~stitute care, a family day car~ h~ care for a =axi~ of five (5) preschool chil~en from ~or~ ~an (c) ~en ~e home is-licensed and provisions are ~ade for s~stitute care, a family day care home care for a =axi~ n~er of s~ven (7) school children fro= ~ore ~an one ~ ~elated family receiving care after school hours. Preschool children shall no2 be in care in ~e home. The total n~her of ele~enta~ school children in ~e home ~ay no2 exceed sev~n itt this para~aph. Flaaaina ~Sea ~rtles);'~e cle~'delineation of a sea t~le nest by placing three i3) or ~ore stakes in the ~round aro~d, bu2 no2 in~ ~e nest and co~ectinq~e stakes ~1~ colored su~eyor flagging tape. Floor Area~ ~e s~ of th~ ~oss horizontal areas several floors of a building ~easured fr~ ~e faces of the ~ertor ~alls or from ~e cent~rline co~on ~alls separatinq t~o f~) buildinqst excluding attic areas ~ith a headroom of lees than seven fee~ (7~) ~eet, enclosed or unenclosed stairs or fire escapes, elevator st~ctures, cooling to,ers, areas devoted air conditioning, ventilating or heating or other building ~achine~ and e~ipmen2, parking st~ctures, and cravl space ~here the ceiling is not =ore than an average offorty-eiqht~ (48~) ~ehes a~ve the general finished ~ade level of the adjacent potion ~e lot, excep2 as ~ay~ othe~ise indicated in relation to pa~i~lar districts and uses. ~ontaae: ~e length of the prope~y line of any premises along a stree2 on ~hich It Horizontal Condominium Parcel~ A cond~lnl~ as defined in Sec. 7~8.103(11), Florida Statutes, as a~ended, ~hich is sub, eot to the exclusive operation and a~inistration by a single condo~ini~asociation~ or a ~A cooperative property, ae defined in Sec. 719.103(11), Florida Statutes, as a~ended~ which ts subject to ~he exclusive operation and administration by a single condomintu~ association, or ~ t~o=d~ensional coopera2~ve unit as defined ~n Sec. 7~9.~03(14)~ Florida S2a2utes, aa ~ended~ refe~ed ~o as a land condominl~, ~~ild[nq or ~oup o~ bulld~nqs hav~nq facilities for over-n~qh~ care of one~ or ~A ~tatement des~lb~ng ~e ~ of ~e proposed develo~en2 upon ~e economic, social, enviro~ental~ and physical resources of the county and the area proposed for develo~en~. ~vel d~ay/~igh~: A day/n[ght~1241 hour average sound level... · ~~ indicator of ~e e~en~ or degree of se~ice provided by, or proposed to be provided by, a ~lLc Facility based on... ~A lot located at-~%'Lnterse~Lon of two ~ or more streets. A lot abutting a ~ed street or etreets s~all be considered a corner lo2 if straight lines dra~ from ~e fo=emos2 points of ~e Bide lo~ lLnes to the foremost porn2 of ~e lo2 ~eet at an interior a~gle of less than ~ ~135~ degrees. ~ ~e front of an Inter,or lot Li const~ed to be the portion neares~ ~e street. For ~e p~ose of dete~LnLng yard retirements on corner lots and through lots, all sides of a lot adJacen~ to streets are to be considered frontage, and yards shall be as se~ out In this ~n~ed ~nd Develop~en= ~A lot other than a co,er lot, vl~ only one ~ frontage on a street. · Width of a lot shall h considered ~o ~ the average distance ~tween straight l~nes connecting front and rear lo2 l~nes a2 each of the lo~, measured as straight lines ~tween ~e foremost points of the Bide lot lines Ln front (where they intersect with the atreet line) and ~e rea~ost points of the side lot lines Ln the rear, provided however, that the width between the Bide lines at their foremost points Ln the front shall not ~ less than eighty ~ (80%) ~e~ee~t of the red,red lot ,0o, F.,56P, :35! ' width, except in the casa of lots on the turning circle of a cul-de-sac when ': requirement shall not apply... ~ A lot other than a corner lo2, with .. frontage on more ~an one ~ stree~. ~ough lo~s a~tting ~o ~ streets may ~ refined to al d~blm frontage lots. ~~ roof ~a2 has two (2) slopes on all fo~ ~ aides, wl~ ~e l~er slope steeper ~an ~e upper. · As defined ~ the U.S. Census~ one ~.or more an=ire economically and socially Antedated ~a~ have a large population center which ~eets ~e following a. One ~ central city with ~150,0001 i~abitants or more~ or b. A central city with a~ least ~ 125,0001 l~abitants provided: c. That ~e city's population taken t~e~er of conti~ous places to,als a~ leas~ 150,0001 i~abitanta and cons~ltutes~ for general economic and social, p~ses= a single c~nity~ and d. ~at ~e co~ty or counties An which ~ese places are located have a~'leas~ ~ 175,0001 i~abitants. ~ A development made up of a co~lnation of uses usually found in separa=e districts. ~amples of mixed uses Eay incldue= two ~ or more t~es... ~~e premises where mobile homes are parked for no~transient living or sleeping p~oses... ~A lo2 or parcel of ~o~d wi~in a mobile home park or su~ivisionF desi~ated for acco~odation of not more than one,mobile home. ~~e premises where ~obile homes are parked for non-~ransient living or sleeping pu~oses and where lo2s are set aside or offered for sale for use by mobile homes for living or sleeping pu~oses accordance wi~ the ~n~*ed ~nd Development including any land, .building, structure, or facility used by oc~pants of mobile homes on such ~remises. '. Staf£ Side Sheet ':~:' Mult~le Occupancy: A Parcel of proper~y, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or Muildings housing more ~han one ¢1~ occupant. Nesting Zone ~Sea ~ur~les~: ~he region ex~cending from ~he mean high tide mar~ to ~De hundrAd £eet ~X00'_~ ~ee~ landward of the ~eginming o~ ~he d~e vegetation line. ~or ~achea wi~ou~ ~e vege~a~ion, ~e nearing zone will e~and three hundred fee~ ~300~ Park Model ~ravel ~a~ler: ~ ~ranspor~a~le~l~ which Duil~ on a aingle..chassia and ia deai~e~ ~o provide · easonal or ~empora~ living ~ar~era when connec~e~ ~o utilities necaa.a~ for opera,ion of installed ~i~urea and applicancea. ~e ~o~al area o~ the uni~ in a ~e~up mode, when measure~ ~rom ~he exterior ~urface or ~he exterior s~ud walls a~ the level o~ maxim~ dimensions, no~ includin~ any MaM window~ does no~ excee~ hundred eighty ~4S01 a~are fee~. Parking. Stacked:.~e parXing of mo~0r vehicles in ~uch a manner tha~ par~e~ vehicles maM no~ have ~ire~ access to the puDlic righ~-of-waM or open in~ernal access drives ~o and ~rom~e righ~-of-waM wi~ou~ moving one-~or more ad~acen~ vehicles. ~blic ~ater System: ~ ~em for~a provision public o~ piped wa~ar for h~an cons~p~ion, if such a system has a~ leas~ ~i~teen ~XSl ae~ice connections re~larl~ .e~e= a~ leas~ ~wentv-five ~25~ individuals daily a~ leas~ si~v ~601 days ou~ o~ the Meat. Recvclin,: ~e recove~ o~ useful.material~ ~rom ~he waste s~ream and reintroduction o~ such ma~eriala ln~o the production s~ream via a Removal of Exotic Ve~eta~ion= ~e phM~ical Eilling or des~c~ion o~ ~xo~ic V~ege~a~ion~ ~i~ ma~ include approved herbiciding with ~e dea~ vegetation ~emaining in place. Resource ~ecove~ facility: A place where ~he ma~erials reclaimed a~ a ~rans~er S~a~ion, and in a~di~ion scrap, salvage~ seee~-~am~ secondhan~ ~uil~ing materials an~ o~her const~c~ion =i~e waste, are processed ~Y cleaning, shredding, chipping, ~inding, milling, c~shing or other similar processes to crea~e the raw materials used h~ indust~ a ~inished produc~. ~ose activi~ie= conducted a~ a ~ransfer S~tation maM also ~e conduc~e~ :~:. Staff Side Sheet .. at these facilities. This definition does not include the processing of used, discarded, or salvaged incidental to manufacturing activity on the same site where such Processing occurs. Also excluded from this definition are automoblle wreckinq yards. - · A fast=food facility with one //1 or more drive-f, hrouqh lanes... · Restaurant, Fast-P~ood: An establishment where food is prepared and served to the customer in a ready-to-consume state for consumption either within the restaurant building, outside the building but on the same premises, or off th~fpremises and having any combination of two (2] or more of the following characteristics: d. A kitchen area in excess of ~IS0%I of the total floor area. Restaurant, Sit-9~o~n: A restaurant where food is ordered from a menuA normally while seated at a table~ and where table service, is provided. Cafeterias are deemed sit-down restaurants for the purpose of this ~n~f~ed Land Development Code. - · A fast=food facility with one or more walk-up windows. This ty~s of facility has no indoor seating or drive-~hrough WindoWSA but may have outdoor seating. ~A measurement of the -- speed of oscillation of the particles of a medium when a shock wave travels through the medium. The Resultant Peak Particle Velocity shall be calculated as the vector sum of the peak particle velocity in three f3~ mutually perpendicular planes of motion a~ any one fl} instant in time. .. ~L~A trapezoidal area tmder~sat~ the &~ne=-edqe J/HI{X--F~Lq~ of any runway approach surface where tha~ surface is f~J,y_f~_~l$O~_~.~es% or above the runway elevation. The Runway Clear Zone begins at the end of each primary surface, and ~s centered upon the extended Rk'u~way ~enterl~n~. ~A school for such ac~v~es artT~ bartending?~ businessA general?~ cler~calA Including court reporting?£ secretarial and similar areasr£ computer and data processing?~craftsrl dance instructions, including folk, tap, balle~, modern~ and ba½~-~eemballroomT£ driving school, ,automobile and motorcycle only~?£gyuu%aetics?~ law, ~ncluding paralegalTl oriental martial arts?~ real estate, staff Side Sheet TITO~RAPHXC~LER~ORS : including appraisal~'and the like. (IS #and the l~ke" · : REFERRING TO THE ENTIRE CATEGORY OR REAL ESTATE ONLY?9) ~ A facility that provides a curriculum er of elementary and secondary... ~A system designed to ser~e one.L~l, unit... . ~Any sign or sign structure expressly installed for the purpose of affixing a sign? which · .. bears no sign or copy for ninety/9_91 consecutive ,ge~ days or moreT£ or for a.pjriod of ninety/9_9~ consecutive ~ee~ days.or more? displays information which incorrectly identifies the business, owner, lessor, or pr*ne*p}e~ activity conducted on the SiteT~ or whichA through lack of maintenance~ become~ illegible, or nearly so?£ or is in a state of disrepair. Signs displaying an "available for lease" or similar message, or partially obliterated faces which do not identify a particular product, service, or facility, shall be deemed abandoned. ~/I~_~i~A temporary sign such is used to announce open houses, grand opening~ or special announcements. ~~ul~Lg~Any sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced,?manfactured, or furnished at the property on whic~ the sign is located. ~JI~_D~T~L~t~An onxpremises sign giving direction, instructions, or facility information such as parking or entrance or exit signs, and which may contain the name, logo~ service or activity of an establishment. ~I~L~7~LgX~LLAn onxpremises sign of permanent character indicating the name of two/2~or more persons or businesses associated with, or'events conducted upon... ~L~t_~Xg~LA sign having two (2) display surfaces, not necessarily displaying the same copy, which are usually parallel and back-to-back and not more than twenty~four inches (24") apart. Double.faced signs shall be measured by only one /I1 side if beth sides are advertising the same business, commodity, or s~rvice. ~_LD~L~LAny object made of plastic, vinyl, or other similar material? that~when inflated with gassers? or airA represents, advertises, or otherwise draws attention to a product, service, or activity. · 355 ~ "~ ~OOK r~r. .;' Staf£ Side Sheet ~j~__~~Any siqnwhich is atkached to a ~ansard=s~Mle rooE wi~ the face... Sion. ~onco~fo~i~:~ si~ or adve~isinq st~ctura lawfully in existence within Collier County on the effec~ive date of th~s eFd*nnnee C~e, which by ~s height, area, loca~ion, use or st~c~al suppo~ does not confo~to ~e re~rementm of ~im O~d~nnnee Co~e. ~s def~nit~on shall not ~ const~e~ to ~nclud8 signs specifically proh~bite~ ~ See~ion-ST00-ef ~s S~n. Pole: A ~, ~n~epen~ent of supp6~ from any building, ~at ~s me,tad'on fFee-s%~nd*ng ~ poles or o~er suppo~o. S~-V-~shaped~ ~o ~2~ s~ngle:faco freestanding s~s that are Const~cte~ in the fo~ of a nVu when v~ewed from above, 9rov~ed ~e ~nte~al anglo at ~e apex ~s no~ more than ninety degrees (90), an~ ~e two ;2~ faces are ~o~ sogarated.by ~ora ~an s~x ~nchos (6") at ~e apex. DELVE ~ SPACE B~ SIGN, ~I~ & SIGN, W~ OR FASCIA attached to, or visible t~ough a windowA excluding ~splays of merchandise, and shall not exoee~ twen~y-f~ve Derce~ (25~). peFeen~ of ~e to,al w~ndow area in the same vertical plane a~ ~e s~e floor level on the side of ~e building or ~t upon wh~ch~e s~gns are dis91ayed. ~in~le Oc~Dan~: A parcel of property ex~st~ng as a single 9roJe==, with ~ebuilding 'or build~ngs housing only one ~1l oc~pant. ~te Alterat~on~ ~y modif~cat~on, change~ or transfo~a~ion of any port,on of a lo~ or parcel of land ~nclud~ng, bu~ not limite~ to, ~e removal, d~splacement or relocation of trees, plants an~ vegetat~onTl~e ad~i~ion, d~st~ban=e, or removal of ea~ materials; ~e creation, retention, or relocation of ~a~nag8 courses or water areas. Site Alteration Plan: A ~aph~o representatio~A along wi~ sugpor~ive ~nfo~at~on and data~ depicting ~e ~ntended site altera~ions. S~te Development Pla~ A~aph~o representation, t~ether with suppor~ivo ~nfo~at~on and dataA~at clearly depicts the pro~ose~ project on a particular lo~ or parcel of land... i'~ staff Side Sheet TYPOG'AA~KICAL Z3t~O~B 'i" -: ~C~~~-~Y street des[~ated to se~e ~ore than one ~ proper~ o~er, vh[ch mus~ ~ ded~ca2ed ~o the public and ~ accepked B~ the Board oE Counk~ co~iss~oners. ~D~E FI~T DEFINITION SINCE IT IS A D~LI~TION OF ~E SECOND~ ~C~E FIRST ~~y repair, recons~on, or improvemen= of a s~, ~e estimated cos~ of which e~als or exceeds ~ (50%) pewees% ot ~he marke2 value... ~A departmentalized self-se~lce retail marke= which primarily sells fo~ ~tems, ~t also may sell household ~tems, personal ~temi and other merchandise. A supe~arket ~ to be d[s2~n~shed from a groce~ store on the bas~s of scale, being usually ~120,0001 s~are fee2 or larger In size, and the broader mix of goods and seduces. ~A se~ce facility where foods such as pizzas, oriental fo~, y~, products, heal~ fo~s, candy and popco~ are prepared and sold or vhere ~ese foods arJ ~old ~n a ready-to-eat s~ate no,ally for off-p~em[ses cons~pt~on. On-s~te cons~gtion ~s allowed as an accesso~ use where seating ~s provided for ~ 1101 ~stomers or less. ~stomer seating a~ve~il01 would ~e ~e bus,ness a restaurant. Test Hole or Tes2 Boring or Foundation Hole= ~I~ H~ING SHO~ BE ~IN~, N~ ~ ~RTIONS OF IT ~~y mechanism used to re~la2e traffic, such as ~avemen~ Trailer, Camping or Pop-e~ut= A wheeled conveyance... ~A veh~lar, potable st~ct~e bull= on a chassis, des~ed to ~ used as a te~ra~ dwelling for travel, recreational and vaca=~on p~oses, which: (1) is iden~ified ~ ~e ~nufa~er as a travel trailer; (2) does not exceed ~14801 s~are feet ~n ~oss floor area. ~A place fo= reclaiming of re~clable ma=ertals by collecting, receiving, ~or~ng, ba~l~ng and othe~ise prePar~ng these materials for transfer or sale to a Resource Recove~ Faclll2y. With the exception of nonferrous material, this activity does no~ ~nclude the reclaiming of any scrap, salvage, Staff Side Sheet TYPO~RAPHIC~L~RRORS building materials or other construction site waste, Junk automobiles, or seee~d-hamd ~ automotive parts. ~ eha}~-mea, aah area of land where travel trailers, park models and other recreational vehiclesA with or without a fixed motor vehicle wheel Basel may be located and which recreational vehicle may exceed an a~ea of two hundred end forty (240) square feet. ~A self=supporting woody plant of & species normally growing to a mature height ofat fee~ (201) ~eet and a matVre spread of a~ least fifteen fee~ (151) ~ The total annual adjusted gross household income which does not exceed~ 150%~ ps=semi of the median annual adjusted gross income, as published... DELETE EXTRA SPACE BETWEEN VIABLE WETLAND & VISUAL RUNWAY Yard.' The required open space, ~noccupied and obstructed by any structure or portion of a str~cttlre from thirty ~nches (30~) &,shes above the general ground level... THIRD PARAGRAPH= In the case of through lots, ttnless the prevailing front yard pattern on the adjoining lots indicate otherwise, a full depth front yard shall be provided on all frontages. Where one ~1} of the... FIFTH PARAGRAPH= Where lots in residential districts comprising forty percent (40%) or more of the frontage on on9 ~1~ side oft a street... yu~r~[~.de:DELETETHE EXTRA SPACE BETWEEN THEFIRST & SECOND PARAGRAPHS SEC. 5.14.3.1 The Board of County Commissioners shall appoint one ~member from each of the following categories: 1. History; 2. Archaeology; 3. Real Estate, Land Development, or Finance; Staff Side Sheet ~ TYRO~t~IC~L ~ : 4. ~rchitecture, Enqineerinq, Bulldinq '~ Construction, & and landscape Architecture~ B. Law or Urban Planning. The two ~2~ remaining positions shall be filled by " citizens at large. SEC. 5.14.3.3 Initially, two~2~members shall be appointed to one-year termstA two,members shall bi appointed to two=year termsA and three f3~ members shall be appointed to three=year terms. After appointments, all appointments shall be made for. three f3~years. A:.Preeervation Board member shall be eligible for reappointment, but shall bi to two/j~consecutive terms. Members of the Preservation Board shall serve without compensation. Prior to the expiration of hie or her term, a member of the Preservation Board may be removed from office by a majority vote of the Board of County Commissi~ners. A K~ember of the Preservation Board shall be automatically removed if he is absent from two //1 consecutive meetings without a satisfactory excuse ora in the alternativeA if he is absent from more than one-fOurth ~ 9f the meetings An a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least . v - '(75%) of the meeting. The Board of County Commissioners shall fill the vacancy by appointment. SEC. 5.14.4.1 The members of the Preservation Board shall elect a chairman and a vice-chairman for a one-year term each. The chairman shall preside at all meetings ' and shall have the right to vote. "The vice-chairman shall preside An the aheeence of the chairman. The chairman and vice-chairman may be re-elected for an additional one=year term each, but may not serve for more than consecutive years. sec. 5.14.4.2 Collier County shall provide adequate staff to allow the Preservation Board to perform its duties. Staff shall consist of at least one ~1~ person rom Community Development Services Division and one clerical person who~ shall be responsible for recording and transcribing the minutes of all meetings of the Preservation Board. Staff Side Sheet · SEC. 5.14.4.5 The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the e~ounty and of general interest and readership in the e~ommunity. The ad maybe placed where o~her legal notices appear. SEC. 5.14.5.2 To create & map delineating the.areas of archaeological and historial significance which shall be subject to approval, by resolution, of the Board' of County e~ommissioners. -This map shall be known as nTha Map of. Areas of Historical/Archaeo16~ica1 Probability# and shall be completed within one /11 year from the data of the first meeting of.the Preservation Board. SEC. 5.14.5.3 Maintain and update the Map of Areas of Hist~rical/Archaeological Probability at intervals no= to exceed five /~_~ years... SEC. 5.14.5.5 To seek assistance'and advise advice on technical related matters requiring professional expertise?£ DELETE EXTRA SPACE BETWEEN SEC. 5.14.5.5 & SEC. 5.14.5.6 SEC. 5.14.5.6 To maintain a maste~ fi1& of sites, dis~icts, s~m=~ed ~, buildings... SEC. 5.14.5.8 To increase the awareness of historic and archaeological preservation and its comm~nity benefits by PRromoting public education programs~ SEC. 5.14.5.9 To apply for, in the name of Collier County only, gran= assistance from state, ~edaral or private sources for the purpose of furthering historic and archaeological preservation subject to approval of the Board of County Commissioners?~ SEC. 5.14.5.12 To identify criteria for determining the potential location of historical~archaeolog~cal sites which shall be used by Project Review Services during site inspection~£ SEC. 5.14.5.14 To issue Certificates of Appropriateness based on criteria outlined in the U.S. Secretary of the Interior~s #Standards for Rehabilitation~ 36 C.F.R. 67 (1983), as amended, and incorporated by reference herein?~ SEC. 5.14.5.15 To design an application for an Historical/Archaeological Survey and Assessment waiver request~£ SEC. 5.14.5.17 TO desig~ an application for ~es~a~on of specific sites, districts, s~ct~el, ~ildings, a~d prope~es as h~stor~cally/archaeol~cally SEC. 5.14.5.18 To perfo~ any o~er f~ction or duty assi~ed by the ~ Cowry Co~ission~. ~? ~56 3'61 ) 800KPAGr~ ~' Staff Side Sheet ~:~:,~. SEC. 2.1.2 SECOND PARAGRAPH= This Code intends to accomplish and to provide for efficiency and economy in the process of future development end redevelopment~ appropriate use of land; preservation, protection, conservation, and development of the natural resources of landw water and air; convenience in circulation of traffic for ~hl transpor~ of people, goods, and commodities?£ prBtection... SEC. 2.1.4 ESTABLISB]~Et~T OF OFFICIAL ZONING ATLAS. The location and boundaries of the zoning districts established in this Code shall be set forth and~ehow~ on the e~fficial eZoning aAtlas oF Collier COunty which is incorporated by reference into this'Code as if fully described and set forth herein. The'district symbol or symbols as set forth in this Zoning Code shall be used to designate each district on the e~fficial s~oning carles. SEC~ 2.1.4 THIRD PARAGRAPH= A copy of the e~fficial eZoning aAtlae shall be located... SEC. 2.1.5 AMENDMENT TO THH OFFICIAL ZONING ATLAS. If, pursuant to the terms of this Code and the applicable Laws o£ Florida, amendments are made to the districts, boundaries, or other matters port~k~ed on the e~fficial m~oning aAtlas, such amendments shall be entered on the e~ffictal eZoning aAtlas by.the Development Services Director within twenty (20) days after amendment. Failure to so enter any such amendments within twenty (20) days shall not affect the validity of any such amendments. However, no amendment to this Zoning Code which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the eQfficial e~oning e~tlas shall contain an entry which reads as follows: ~On , 19 , by Ordinance No. __, the following amendment"~were--made to the e~fficla~l-- s~oning aAtlas: [include brief description of nature of amendment]," which entry shall be attested by the Clerk of the circuit Court. SEC. 2.1.6 UNAUTHORIZED AMENDMENTS TO OFFICIAL ZONING ATLAS CRC ODE PROHIBITED. No changes of any nature shall be made in the e~fficial e~oning eAtlas or any matter... SEC. 2.1.7 FINAL At~HORITY OF OFFICIAL ZONING ATLAS AND CODE. Regardless of the existence of purported copies of the e~fficial eZoning aAtlas or other parts of this Zoning Staf£ Side Sheet .~ Codew which from time to ~ime may be ~ade or published, the e~fficial e~oning a~tlas located in the Office of ~he Clerk shall ~ ~he final au~hori~ as ~o ~ha zonin~ of all land and wa~er in uninco~ora~ed Collie~ .' Co~7~ and ~e Zoning Code... SEC. 2.1.8 ~XON OF ~X~ Z0~XN~ ~S OR A~SES. ~11 zontn~ ~aps or a~lases~ o~ ~emainin~ po~ion~a~of, which ' have had ~he force and effec~ of official~zonin~ ~aps a~lases for Collie~ Corem p~lor ~0 ~e effe~lve da~e of adoption of ~is Zonin~ C~e shall ~ ~e~ained as a public reco~d as a ~ide ~O~e zonin~ s~a~us o~ lands and wa~ers prior ~o such da~e. Upon ~he da~e of adoption o~ ~ls Zoning C~e, the i~edia~alM prior e~fficial ~onin~ ~las o~ ~ha~ da~e shall ~ micro~llmed and such filmed record re~ained pe~anen~l~ in a place separate f~om ~he original~ p~ior e~fficial · ~onin~ ~las. SEC. 2.1.9 ~P~C~T OF OFFXCX~ ZOHX~ ~S. Xf ~a ~fficial s~onin~ ~las, or anM pa~a of potion ~ereof, ~comes damaged, los~, des~roMed, or diffl~l~ ~o in~e~ra~ b~ reason of ~he na~e or n~er o~ changes~ ~a Board County Co~issioners ma~ bM ordinance adop~ a new e~ficial ~onin~ ~las~ o~ an~ pa~e o~ pages which shall supe~eseda ~a prio~ ~fficial ~onin~ ~las or pa~e o~ pa~es ~hereo~. 'The new e~fficial sZonin~ ~las, or page or pa~es ~ereo~, ~aM co~ec~ draf~in~ or o~er errors o~.omissions in ~e ~icial z~oning ~las, or pa~e or pages ~ereof, bu~ no such correction shall h~ve ~e effec~~ of amending~e original eOfficial ~onin~ ~las, or page o~ pa~es ~hereof. Xf in ~he process of adopting a ~eplacemen~ ~fficial z~onin~ ~las, o~ anM pa~e or pa~es thereof, dis~lc~ boundaries are chan~ed o~ al~ered~ ~en action in ~e~a~d ~o such change of dis~ric~ bounda~ies shall ~ ~aken 0nlm in ~e fo~ of an~en~en~ ~0 ~is Zoning C~e. ~e eOfficial s~onin~ ~las, o~ potion ~e~eo~ shall ~ authenticated as fo~e o~l~lnal~ wi~wo~din~ ~e following e~fe~: ~is is ~o ce~lfM ~a~ ~fficial zZoning ~las (o~ pa~e or pages ~ereof) b~ Ordinance No. da~ed X9 ~ ~eplaced oOfficial zZon~las ~ (or pa~e or pa~es ~hereof) adopted ~ X9 ~ as par~ o~ Ordinance No. ~he Cou~M o~llie~ Florida.~ Unless ~he prio~ ~ffictal z~oning a~las has ~o~ally des~roMed, the p~io~ ~fficial zZonin~ ~las Staff Side Sheet TY~HZCL~ any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or a~endment. · SEC. 2.1.13 No lot, even though it may consist of one,or more... e SEC, 2.1.81 (2) If such PRrovisional ~llse is not provided for . SEC. 2.2.1.2.1 (1) D~r.~TEUNDERLININGUNDER "GOLF COURSES.# ..:.'g SEC. 2.2.1.4.11 Landscaping. As required in B~v*s~enD[v. 2.4. sec. 2.2.1.5 signs. As 'rs~lred in Dlv*s~en Div. 2.5. SEC. 2.2.2.2.2 (4) (a) Agricultural packing, processing or similar ' facilities shall be located on a major or minor arterial street, or shall have access to an arterial street by a public street tha~ does not abut or ts not located within any properties zoned RSP-~--RSF-1. RSF-6,... SEC. 2.2.2.2.2 (8) (a) Receipt of a temporary use permit from the Development Services Director pursuant to Div. 2.6.33, that allows for use of a mobile home while a permanent single:family dwelling ts being builtl (b) Assurance that the temporary use permit for the mobile home ~ill expire at the same tLme of the building permit for the single_-family dwelling,, or upon the completion of the einglezfamily dwelling, whichever comes first~ and~ (c) Proof that prior to the issuance of a final certificate of occupancy for the singlexfamlly dwelling, the mobile home is removed from the premises. SEC. 2.2.2.3 (5) Aquacultm:s for non-native or sxotia species~ subject to State of Florida Game and Fresh Water Fish Commission permits. SEC. 2.2.2.3 (7) Private landing strips for general aviation, st~bJect to any relevant s~tate and ~ederal regulations. SEC. 2.2.2.3 (14) (k) ~le Plant complies with all s~tate and ~ederal standards of performance for Portable Asphaltic Concrete Batch Plants. Staff Side Sheet ~" SE~. 2.2.2.3 (16) Group Care Facilities (C~tegor~ X and II)~ Care Unitse~and Nursing Homes~ subJec~ to Sec. 2.6.26. ., SEC. 2.2.3.X Purpose and lnten~. ~e p~osa and in~ent oE the ' Estates District (E) is to provide lands for low density residential develo~ent ~n a eem~-~ral enviro~en=, w~ l~mited a~l~al a~ivit~es. . In addition to low density residential develo~ent with l~mited a~lt~al activities, ~e E D~str~ct ~s also desired to accm~ate as condit~onal uses, develo~ent ~at provides se~ces for and ~s compatible w~ ~e lo, density residential, semi-~al and ~al character of ~e E D~str~ct. ~e E D~str~ct co~esponds to and ~mplements the Estates land use desk,at,on on ~e ~ture ~nd Use Map of the Collier County Gr~h Management Plan, although ~n limited ~nstances, ~t may oc= outside of the Estates land use designation. ~e max~m~ density pe~ssible ~n the Estates ~ D~str~ct shall be consistent... SEC. 2.2.3.2.2 (3) Keeping of f~l or poult~, not to exceed twentylf~ve (25) ~n total n~er... SEC. 2.2.3.3 (5) Group Care ~Zacilitie~ (Ca~ego~ I and II)7 Care UnitsT~ ~ N~s~ng Homes~ subject to Sec. 2.6.26. SEC. 2.2.3.4.2 Hinim~ ~t W~d~. On~ h~ed a~d f~fty feet (150'). SEC. 2.2.3.4.3 (2) S~de Yard. ~rty feet (30~)~ except for legal non-confo~ng lots of record~ which shall ~ computed at ~e rate of ten ~ (10%) pe~eemt of the w~dth of the lotA no~ to exceed a max~ retirement of th~y ~ (30~} SEC. 2.2.4.2.2 (2) Private beat-heHses ~ and docks, subJe~ to Sec. 2.6.21. (4) Recreational facilities ~at se~e as an ~nte~al part of a res~dential develo~ent and have desolated, rev~ewed and approved on a development plan or su~v~s~on master plan for that development. Recreational fac~lit~es may ~ncludeA but are not limited toA golf course... SEC. 2.2.4.3 (7) Group Care Fac~lit~es (Catego~ I and II)$ Care Units~ and Nursing Homest~ subject to Sec. 2.6.26. SEC. 2.2.5 RESIDENTIAL HSB?E-PAM~L~ ~/L~-6 DISTRICT (RHF-6) SEC. 2.2.5.2.1 (3) Multiple~family dwellings. Staff Side Sheet SEC. 2.2.5.2.2 (2) Private beat-he, see ~ and docks, subject to Sec. 2.6.21. (4) Recreational facilities that eerve as an integral "' parc of a residential development and have been designated, reviewed and approved on a site development plan or eubdivision~aeter plan for that developmept. Recreational facilities may include, but are not limited to, golf course,... SEC. 2.2.5.3 (6) Group e~are fEacilities(Category I and II)~ Care Units~ and Nursing Hames?, subject to Sec. 2.6.26. SEC. 2.2.5.4.4 (1) DELETE UNDERLINING OF "PRINCIPAL STRUCTURES" (2) DELETE UNDERLINING OF "ACCESSORY STRUCTURES# Accessory Structures. SEC. 2.2.5.4.7 (2) Multi-familM dwellings, in conformance with the development standards of the IVfF-6 district~ except non-conforming iota of record need~ hundred i6,5001 square feet... SEC. 2.2.5.4.8 Minimum Floor Area: ~_~17501 square feet. SEC. 2.2.6.2.1 (4) Single=family dwelling u~its for existing non=conforming lore. · SEC. 2.2.6.2.2 (2) Private bea~-he~ses~ and docks, subject to sac. 2.6.21. (3) Recreational facilities that serve aa an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Recreational facilities may include, but are not limited to, golf course,... SEC. 2.2.6.3 (7) Group Care Facilitiear (Category X and XI), Care... SEC. 2.2.6.4.2 Minimum Lot Width. One hundred an~ fifty.feet (XS0'). SEC. 2.2.6.4.3 Minimum Yard Requirements. Thirty feet {30') with one foot (1') of additional setback for each one foot (1') of height over -~ ~S-~ee% SEC. 2.2.6.4.7 Hlnimu~ Floor ~rea. Efflcianc~ - ~our h~dr~d ~t~ty (450) s~ara feet~ one be~ee~- ~dro~ - hundred (600) s~are fee2~ t~o or ~ore'~oo=s - ~even h~dred a~d flf~ (750) SEC. 2.2.7.2.2 (2) Private ~at-hoases boathouses ~nd docks, subject Sec. 2.6.26. (3) Re~eational facilities ~at ae~e as ~ inte~al pa~ oE a residential develo~ent ~d have,an desi~ated, revl~ed~and approved on a site developmenk plan.orsu~ivision ~aster plan for ~a~ developmenk. Recreational facilities may include. but are no~ limited to, qolE co, se,... SEC. 2.2.7.~ (7) Croup Care ~ae~tyr~ (Ca~eqo~ X and XX)~ care Uni~s~ ~ursinq Homes, sub~ec~ to Sec. 2.6.26. SEC. 2.2.7.4.7 Minim~ Floor~eal Efftcien~ - f~'hundred a,d fifty (450) s~ara feet~ one ~dro~ - six h~ed (~00) s~are fee~ two or ~ore ~drooms - S~even hundred a~d fifty (*S0) s~A~e fee~. SEC. 2.2.8.1 ~ose and ln~en~. ~e p~ose and inken~ of Residenkial Touris~ Dis~ric~ (RT) is ~o provide lands for kouris~ a~co~akions and suppor~ facilities, and multiple family uses. ~e ~RT~ .Diskric~... SEC. 2.2.8.2.2 (~) Private ~at-heases~and d~ks, s~Je~to Sec. 2.6.26. (4) Recreakional'facilikies tha~ se~e as an inta~al par~ of the pe~i~ed use desi~a~ed on a sike developmen~ plan or su~ivision ~aster plan ~at has been previously reviewed and approvedr which may include, buk are no~ limiked to, golE co,se,... SEC. 2.2.8.~ (4) Group Care Facilikiesr (Catego~ X and XX)~ Care Units~'and Nursinq Homes, sub~e~ ~o Sec. 2.6.26. SEC. 2.2.9.2.2 (2) Private beat-he~ses ~ and docks, s~Jec~ to Sec. 2.6.21. (~) Recreational facilities ~a~ se~e as an inke~al par~ oE a residential developmen2 and have ~en desiqnated, reviewed and approved on a sike developmen~ plan or su~ivision ~as~er plan for ~hat development. Recreational facilities ~ay include, buk are no~ limiked to. ~olf course,... 556 3'67 ~i Staf£ Si~e Sheet !~''. SEC. 2.2.9.3 (8) Group Care Facilities? (Category X a~d IX); Cars Units~ and Nursing Homes, subject to Sec. 2.6.26. SEC. 2.2.10.2.2 (2) Private ~s~-haHsee boathouses and docks, subject to (3) Recreational facilities that serve al an intsgral part of a residsntial developmhnt and have bean · designated, reviewed and approvsd on a lite development or su~ivilion master plan for that devslopment. Recreational facilities may include, but ara not limitad..~o, golf course,... SEC. 2.2.10.6.4 (5) potabls water storage at the rate of ten £101 ~a~v~Hn~% g~llons for each unit. divided by two (7) toilets and showers at the minimum rate of one · fixture for every forty (40~ units, divided by two (8) a minimum o~e hundeed forty-four £14~ square foot locked storage room. (16) a e~ertificate oE e~ccupancy shall be issued for the emergency storm shelter before occupancy of the twenty-sixth (2Sth). unit il. authorized. The shelter team shall be formed, trained and operational before a efiertificate o~ eflccupancy il issued for the shelter. ' SEC. 2.2.11.2 Permitted Uses. The following uses are pgrmitted as of right, or as uses accessory to permitted uses, in the... SEC. 2.2.11.2.2 (3) Accessory uses and structural customarily associated with travel trailer recreati6nal vehicle parks, including recreation facllitiesr (both indoor and outdoor), administration... SEC. 2.2.11.3 (a) One Camping Cabin per approved TTRVC Blot. (f) camping e~abin must be constructed of natural wood materials such as logs, redwood, cedar, or cypress in order that it may blend harmoniously into the natural landscape character normally found in an TTRVC or eamp-qeea~d camnaround setting. SEC. 2.2.11.4.10 (5) One fl~ parking space per campsite or TTRV lot. SEC. 2.2.11.4.17 Anchoring/Sewer, Water and Electrical Con~ections. Park model travel trailers, when positioned on a lot in this Bflistrlct, must be anchored in accordance Staff Side Sheet with the standards set forth iht he ~eb~e-Hema B~e~r~ ~is~c~ and TI'RV¢ District and ,other applicable ragulations~ and connected... SEC. 2.2.12.1 ~ose and Intent. ~e provisions of this district are ~ntended ~o apply to areas located adJacen2 to highways and arterial roads. ~e C-1 C~erc~al Professional/~ansit[onal D~str~ct ~s ~ntended pe~it ~ose uses which minimize pedes~an and veh~lar traffic. ~ndscap~ng, controlled and e~ess~ and other restri~ons are ~n~ended to · inimize fra~en~ Artless and e~ess to ~e highway from abutting uses. ~e C-1 Dls~ri~ is desired ~o be compatible with all residen~ial uses as well as residential uses located along a~erials. distrtc= la also Antended to apply to those areas that are transitional, located ~2ween areas of higher and lower intensity davelopmen= ~a= ara no longer appropriate for residential development. uses in ~is distric= are in~ended as an alte~a=ive to retail, and meet ~a inten~ of ~e C-X Co~ercial Professional/~ansitional Diskric=. ~ose areas identified as transi~ional-(~) shall ~ f~er noted on ~e~ eZoninq ~tlas as C-X/T. district is... SEC. 2.2.12.3 (6) (h)Each residentAal dwelling unit shall contain following minim~ floor areas: efficien~ and one bedroom - = four hundred fif=y (450) sq~-~t~~ ~ two bedroom - = six h~dred fifty (650) f~ ~~ ~ t~ee bedroom - = nine h~ed (900) SEC. 2.2.12.4.1 Hinim~ ~ea. ~enty thousand (20,000) SEC. 2.2.13.1 ~ose and Intent. ~e p~ose and Intent of Co~ercial Convience Dis~rict~ la to provide lands.~. SEC. 2.2.13.3 (h) Each residential dwelling uni~ shall contain following minim~ floor areas~ efficien~ ~d one bedroom - x four hundred fifty (450) ~ two bedroom - = six hunted fifty {650} fe, ~~ ~three bedroom - = nine hundred (900) sq~-~t~ ~ (j) A minima'of thi~y percent (30%) of ~e aixed usa developmen2 shall be main=aimed as open space. ~e following may be used to sa~isfM the open space retirements: areas used to satisfy water managemenf re~irementsrl landscaped areasrl recrea=ion areasrl Staff Side Sheet !?. or setback areas not covered with impervious surface · ~ or used for parking (parking lot islands may not be used unless existing native vegetation ia maintained)~ SEC. 2.2.14.1 Purpose and Intent. The purpose and intent of the Commercial Intermediate District (C-3) is to provide a wider variety of goods and seFvicesT in areas that have a higher degree of automobile traffic. This district is intended to be compatible with residential areas and is not intended to permit wholesaling, or activities which require outside storage of merchandise and equipment. The C-3 ~n~e~edAa~e Distri~t... SEC. 2.2.14.3 (1) Amusements and Recreations Services... SEC. 2.2.14.3 (4) Mixed Rxesidential and e~ommercial ueee~ subject... SEC. 2.2.14.3 (4) (b)The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type cf equipment?l (h)Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one bedroom - ~ four hundred f~y (450) fee~ two bedroom -'= six hundred fifty (650) ~? ~i~~ and three bedroom - m nine hundred (900) (J)A minimum of thirty percent (30%) of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements~ areas used to satisfy water management requirements~l landscaped areas~l recreation areas~£ or setback areas not covered'with... SEC. 2.2.14.3 (5) Used Merchandise Stores ($932- except pawn shops...) SEC. 2.2.15.2.1 (4) Automotive Dealers and Gasoline Service Stations (groups Sell, 5531, SS41 with services and repairs as described in See%~en Sec. 2.5.28, 5571, 5599 new vehicles only) (13) Miscellaneous Repair Services (groups 7622-7641, 7699 except agricultural equipmeh~ repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station ~:,~ Staff Side Sheet . '::~' T~P0~RAPEICAL ~R3~OR~ eqUil~ment, boiler claan~ng~ ~ns~i~ng~ ~a~o~ repal~) SEC. 2.2.1~ 1/2.1 ~os~ an~ In~en~. In ad~on to ~ u~ provided · ' -: in ~e C-4 zoning district, ~1C-51 allows a range of more co~ercial us~s and se~lces. ~e C-5 pe~l~l hea~ co, arc,al se~c~s such al full sa~ce automotive repair, and establ~s~ents primar~ly engaged ~n const~ct~on and Ipec~al~zed trade ac~v~es such as contractor offices, pl~,g, hea~ng aD~ a~r conditioning le~ces~ an~ similar uses. ':' SEC. 2.2.15 1/2.3 (3)Child Day Care Se~lces (83Sl), provAdedA SEC. 2.2.15 1/2.3 (3) (a) (1) (a) Hazardous Mater~alll - A ~atlrAal has any of ~e following i~itable, co~osive, rla~ivt and/or toxic. ~D SPACE B~ (a) and (b) ToxAc ~ubsta~ - A I~tancl which carcin~enic~ ~aganio, ~e~a~enic~ or ~oxic ~o h~an ~ings. SEC. 2.2.15 1/2.3 (~) .(e) X~ shall provide a minim~ usable open space o~ no~ lessthan... (f) X~ shall provide ~ha~ all open spaces used b~ children will ~ ~unded bM a fence no~ lass ~an... (g)X~ shall provide a landscape buffe~ accordance wi~h B~v~s~~ 2.4. (i) ~era a ~ila Ca~e Cen~e~ is p~oposea in con~un~ion wi~, and on ~e same parcel a faclli~M which is a pe~i~ed use, ~e~iremen~s se~ fo~h in subpara~aphl a-h above, wi~h ~he excep~ion of d and used ~o provide the pro~ec~ions ~o children usin~ ~he Child Care Cen~er in~ended bM ~his s~ec~ion consis~en~ wi~ the developmen~ o~ ~e proposed pe~i~ed use. SEC. 2.2.1~.2 Pe~i~ed Uses. ~e following usee, al within ~he S~andard Xndus~rial Classification Hanual ~,. or as o~he~ise.provided for ~i~h~n s~ec~ion; are.pe~i~ed... ,V.: Staf£Side Sheet SEC. 2.2.16.2.1 (16) Health Services ($01Xr accessory to industrial activities conducted on=site only). (24) Motor FreightTraneportation and ~arehousinq .; 4212, 4213-4225, 4226T except... (27) Pr~nt~ng~l~sh~ng and All,ed Zndustr~as... · (33) ~ans~ation ~Alr (~oups 4512-4581T SEC. 2.2.16.3 (1) ~ld Day Care Se~ces (8351)w& ~ Hazardous Materials~ A materLal ~a~ has any of ~e followLng L~Ltable, corrosLve, reactive and/or toxic. (b} D~E~ININ~ Toxic Subs~ances~ A lubs~ance which or LB .suspected to ~& carcLn~enLc, mutagen~c, terat~en~c, or ~ox~o to h~an SEc. 2.2.16.3 (3) Co~un~cat~ons (~oups 4812-4899T ~nclud~ng...) SEC. 2.2.17.3 (7) 0~1 and gas f~el~ developmen= a~d pr~uct~on~ subject to State f~eld development SEC. 2.2.18.1 ~rpose and Inten~. ~e ~bl~c Usa ~ntended to acco~oda~e only local, s~a~t and ~Eederally o~ed .... SEC. 2.2.18.2.1 (4) Co,un,cat,on SEC. 2.2.18.3 (8) Mental health and rehabilitative for profit. (12) ~y o~er p~l~c uses which are ~ ~n nat~e w~ ~e forego~g SEC. 2.2.18.4.3 H~n~m~ Yard Re~rements~- ~e yard re~remen=s of host restr~c=~ve adjoining d~str~ct shall apply to all port~ons of ~e s~te w~in ~e-hHm~=e~ ~ feet (100~) of the adjoining d~str~ct. SEC. 2.2.18.4.3 Maxim~ He~ght~ ~e height of ~e ~os~ adjoining d~str~ct with~ eme-~d~e~~ fee= (100~) of such d~str~ct, unless exempted by Sec. 2.6.3..1. SEC. 2.2.18.4.4 Max~m~ Height= ~e height of ~e most restrictive adJo~n~mg distr~ct w~th~n ~me-~Hmd~e~~ feet (100~) of such d~str~ct, unless exempted by Sec. 2.6.3.1. SEC. 2.2.15.5 $lqns: ~s pe~e~ required ~n Div. SEC. 2.2.~9.2.1 {5) ~u~ainq ho~es, ~CLFs, femlly care · group care facility - ICateqor~ IJ~ subject ~o Sec. 2,6.26, SZC. 2.2.19.3 (5) Group care facility - l~tego~'II, e~are ~it~ · s~Je~ to Sec. 206.26. SEC. '2.2.19.4.3 (1) ~ont Yard,A~enty-P~lve feet (25* (2) Side Yard~A Flft&%nfeet (15~) (3) Rear Yard,A F~fteen feet (15~) (4) ~y Yard ~tt~ng a Residential ~enty-f~ve feet (25~) SEC. 2.2.19.4.4 Minim~ D~stance Between St~ctures= ~enty-f~ve feet SEC. 2.2.20.1 ~ose a~d Intent. ~e pu~ose and ~n~en2 of establish~ng ~e Planned Un~2 Development (P~) ~s to provide proced~es and standards ~o enco~age m~xed used planned developments ~a= may~ ~nst~tuted appropr~a=e locations, or pla~ed develo~en~s ~a2 may or may no2 ~ m~xed use.~n ~e ~ban ~nge ~eas, all accordance with ~e planning and develo~en~ obJe~ves of the Co~ty under ~e C~e and the Gr~ Management Plan. It ~s fu~her the pu~ose and ~ntent of re~lat[ons to encourag~ ~ngenu~ty, ~nnovat~on abnd imaginat~on ~n the planning, design, and development or redevelopment of relatively large ~acts of land under unified o~ersh~p or control. Pla~ed 9ewe}ep~e~s P~ pr~uced ~n compliance w~ ~e te~s and provisions of ~s Code... · SEC. 2.2.20.1 (4) The ~mpact of a pa~lar P~ on ~e present... SEC. 2.2.20.1 (5) ~e development ~ploys ~e~gs' feat~ng and excelle~cetn ~e fo~of variations mixed land uses and/or varied dwelling ~es, as well as adaptation to and conse~at~on of ~e top~aphy and other natural characteristics of ~e land involved. ~cept~ons to variations ~n s~t~ng, m~xed land uses and/or varied dwelling t~es may be ~anted on P~ ~nf~ll B~evelopment. The max[m~ dens~ty pe~ss~ble ~n the de~e}ep~e~t ~ d~str[ct and ~e... '*' 373 i ' ~OOl( PAGt .~.. Staff Side Sheet " SE~. 2.2.20.2.1 Relation of Planned Unit Development Regulations to the Gro~ch Hanaqement Plan, Zoning, Subdivision, or Other Applicable Regulations. Ail applications for Pta~ed-~t-Beve~epme~to P~'s ehall ~ ~n full SEC. 2.2.20.2.3 (3)B~nd h~sSuccessors ~n t~tle to any coca,ants made ~der seet~e~ Sec. 2.2.20. SEC. 2.2.20.2.4 H~n[m~ea Red,red. ~e sinl~ area ~e~red Eot a P~anned ~a~t-Beve~ep~e~t ~ D~s~r~c2 shall ~ ten (10) conti~ous acres.'excep~ when located w~in an Activity cen~er or w~n ~e Urban ~nge ~eas as desolated on ~e ~ture ~nd Use Map oE ~e Management Plan where no m~n~um acreage eust ~ ee~. For lnfill parcels~ as defined ~n ~t~cle 6 and ~he Gro~h Management Plan, ~e area re,Ired for a P~an~ed-Sn~t-Beve~epme~e shall be tvo (2) cont~ous acres. SEC. 2.2.20.~ Development Standards. In add~on to all general provisions and procedures established ~n Sec. 2.2.20.2~ the following specific re~remen~s, l[m[tak[ons and standards shall appl~ to all ~ D[str~cts except ~a2 Sec. 2.2.20.3.~ shall no2 apply ~hen ~ere Is no ~es~dent~al componen~ w~n ~e and Sec. ~.2.20.3.13 ~hall not-appl~ when ~ere ~s no industrial component in ~e SEC. 2.2.~0.3.2 (4)Hini~ ~t Width. one h~dred a~ fifty feet ~eet as ~easured at the front yard ~fldin~ line setback. SEC. 2.2.~0.~.2 (~) (a) Depth of front yard, ~f~y feet (30~) fe~t plus one froot (1~) ~eet for each two feet (2~).fee~ building height over ~f~y feet (30~) (b) Depth of sfde ~ard. Fifteen feet (15~ ~eet plus one ~ (~) ~eet for each two fee~ (2~) ~el~ of building height over ~y fee~ (30~) (c) Dep~ of rear yard. ~l~y~ (30~) ~ea% plus one foot (1!) ~ee~ for each two ~ (21) ~aa~ of building height over thirty feet (30~) SEC. 2.2.20.3.2 (6) (a) If ~ere is a separation ~tween any~o (2) pr~ncipal st~ctures on the s~e parcel, eaid separation shall ~ a m[nim~ of f~fteen fee~ (15!) feat or a distance e~al to o~e-half (1/2) the s~ of their heights, whichever is ~e greater. '%,, Staff Side Sheet SEC. 2.2.20.3.3 Minimum Dimensional Standards Within a PUD. EXcept as provided for within the Industrial component of this s~ection, dimensional standards within any tract or increment of the proposed PUD shall conform to the " minimum dimensional and other standards of the zoning district to which At most closely resembles in type, density, and intensity of use. Wher~ there is uncertainty, the more restrictive standards shall apply. Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design. For purposes of this s~ection, examples of unique .... :.'f SEC. 2.2.20.3.8 (3) The cost of such maintenance by such agency shall be assessed proporti'6nally against the properties within the p~anned-~-devsAopman~PUOthat have a 'right... SEC. 2.2.20.3.11 Streets, Drives, Parking and ServiceAreas. Streets, drives, parking~ and service areas shall provide safe 'and convenient access to dwelling units and pro~ect. facilities, and for service and emergency vehicles?= but streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more th~s required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks, nor shall streets be.laid out or constructed so as to... . SEC. 2.2.20.3.11 (2) All streets or roads within the PUD shall be publicA unless specifically identified and approved as private on the PUD Master Plan, and shall comply with all requirements for streets and roads as contained in the-ea}E*e~-ee~n~y S~bdEvEs~on-Reg~}at~e~s? Div. 3.2. SEC. 2.2.20.3.12 Signs.' Limitation&. Signs shall be in accordance with See? Div. 2.5. SEC. 2.2.20.3.13 Special Requirements for Industrial Planned Unit Developments. Industrial PUD's ara intended to implement the the Industrial UnderCriteria subdistrict as provided for in urban designated areas on the Future Land Usa Hap. The boundaries of the proposed PUD must be transitional, therefore, requiring uses a~ong the perimeter to be compatible with non-industrial uses. The pro~actmust have direct access to an arterial street, with an internal circulation system that prohibits industrial traffic~from traveling through predominantly residential areas. The PUD must have central water and sewer, and shall not generate light, noise or Staff Side Sheet TYP0~RA~HIC~L ~tRORS odors, so as to be incompatible with surrounding land uses.' =Hinimum development standards shall be as described within this e~ection .... SEC. 2.2.20.3.14 (1} When a residential containing a commercial tract or increment is located outside of an Activity Center, all commercial components of.the PUD shall be ~ubJect to all provisions of the Future Land Use Element and other elements of the Growth Management Plan. Minimum development standards shall be aa described within e~ection 2.2.20.3. .SEC. 2.2.21.2 Applicability. Th~sa regulations apply to all properties adjacent to the rights-of-way of Goodlette-F~anM Road from US 4X to Pine Ridge Road and Golden Gate Parkway from US 41 to Santa Barbara Boulevard aa measured perpendicular from the abutting right-of-way for a distance of %~ee-hund~ed three hundred and thirtyfeet (330'). SEC. 2.2.21.3.2 Golden Gate Parkway. Fifty feet (SO') for the first floor of all commercial development, one hundred faeet (100') for the first floor of all other development except for properties zoned Estates District (E), which.shall be ee~baek set back seventy-five feet (?S'). SEC. 2.2.21.5.2 (1) The minimum landscaping area shall be twenty-five feet (25') in width'as measured from the right-of-way lineexcept for einglemfamily homes in the Estates District (E).' P~av~s~enaA~Jl~i~Aomaluees approved SEC. 2.2.21.5.3 PUD'S. In certain instances, Planned Unit Developmente (PUD's) may fulfill the intent of this s~ection through the implementation of an urban design concept as an alternative to the landscape and bufferrequirements. The Development Services Director shall recommend an exception to this s~ection be... SEC. 2.2.22.1 Purpose and Xntent. This e~ection is intended to apply to those agricultural areas where a mixture of housing types are found to be appropriate within the district. It is intended that mobile homes allowed under this e~ectAon shall he erected only in the "A" Rural Agricultural District and only when the requirements and procedures of this e~ection are met. SEC. 2.2.23.1.5 That in addition to the regulation applicable to land zoned, ae indicated in the Official Zoning Atlas, the following regulations ara additionally applicable to Staf£ Side Sheet lands in the CountM in the vicinit~ of the ~aples, Everglades, Harco Xsland and Xmmokalee (Ed Scott Airfield) Airports as indicated on the Airpor~ Zoning Haps of Collier County. Lands lying within various zones as indicated on the Airport Zoning Haps are subject to the additional regulations of this e~ection. · SEC. 2.2.23.2 LAS? PARAGll~PH ONlY An A~rea located in Lore than one ~1~ o£ the described... ~:.'~ SEC. 2.2.25.2.1 The ares is associated with distinctive elements of the cultural, social, ethnic, political, economia, scientific, reliqAouse prehistoric or architectural histor~that have contributed to'the pattern of histor~ in the community, Collier~¢ounty, the s~tate of Florida or the ~ation~ or SEC. 2.2.25.2.10 The area is a property primarily commemo~ative in &n~e~?whe~s intent, where design, age,... SEC. 2.2.25.3.1 Applicability. Applications for a specific development order as described in Subsection 2.2.25.3.2 th~youqh 2.2.25.3.~ deemed adequate review which have b~en submitted prior.to the adoption of this s~ection are not ~equirad... SEC. 2.2.25.~.2 Development of Regional Xmpact (DRX). The Application for Development Approval (ADA) for the p~oposed DP~ shall include correspondence from the applicant to ?~he Florida Department of State~ Division of Historic Resources indicating that the DRX is in ~ollier County's Designated ~rea of Historical/Archaeolo~ical ProbabllitM. ~hs ADA shall also include an Hlstorical/A~chaeological Survey and Assessment~ if required by the Division of Historic Services. Them Survey and Assessment is subject to review by the Community Development Services Administrator or his designes~ and... SEC. 2.2.25.3.5 Preliminax~ Subdivision Plat. Property~nder consideration for a l~eliminax~Subdivision Plat within an area of Historical/Archaeological Probability but not sub~ect ~o requirement 2.2.25.3.2 or2.2.25.~.3 of this Section shall have an Historical/Archaeological ~urvey and Assessment prepared bM a Cex~cified Archaeologis~ as defined in Article 6 to be submitted b~ the applicant with Prelimin~x~ Subdivision Plat application and is subject to review bM the.Community Development s~ervices Admi~istrator... SEC. 2.3.3.1 Repair of ~xisting Building or Use. Off-street parking and off-street loading facilities shall be provided as set forth in this "SEC. 2.3.4.2 Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well=graded condition. .Up to 170%1 of the parking spaces for houses of worship and schools may be surfaced with.grass or lawn. Spaces that are not paved shall be ~ompacted, stabilized, well-drained and surfaced with a durable grass cover. Driveways, handicapped spaces and access aisles shall be paved. When the D~velopment Services Director determines that the paving of some or all parking spaces for houses'of worship and schools will have significant negative enviromentel lmpacteA the Director may... SEC. 2.3.4.11 (2) (e)The lot proposed for parking permits the sams or more intensive land uses than the 10t on which the principal structure' is located or SEC. 2.3.4.11 (4) (f)Where off-site parking is proposed for commercial usesA all of the lots proposed... (g)The off-site parking facll~%~ shall mitigate any negative effects of this pa~Xing facility on naigh~oring residentially-zoned property. Mitigation shall included, unless... ' SEC. 2.3.4.11 (5) Where the following special circumstances the... SEC. 2.3.4.11 (5) (e)Whera the proposed off-site parking spaces will be for employees (limited to a maximum of fifteen ~ercen~ (lSd) pe~ean~ of the project's total requirement). · SEC. 2.3.5 OP~-STREE~P2L~KX~G= SP~,~LED ~X~G. of this sGection, shared parking..~ SEC. 2.3.5.3.2 (1) Where the proposed off-site.parking will werve temporarM parking for sports events, religious events, or community events as described i~ Sec. SEC. 2.3.5.4 (X) Where the request involves a churc~ an~ another property whose predominant parXing ?:00 ~.M. and 6:00 ~.X., ~onday through ~iday, or ~wo (2) o~har properties, where the ~usines hours of one (1) property do not overlap with the business hours of the other property, the c~edit for ~oint Staff Side Sheet TI~O~J~HICAL ~RROR~ '?~ ' '~ parking spaces shall not exceed fifty percent (50%) of the minimum required spaces for the property requiring the least amount of spaces. The credit .~ may be applied all to one fX~proper~y or split between the two ¢2) properties~ or (2) Xn all o~her cases, the credit for ~oint parking spaces shall not exceed twenty-five percent (25%) of the minimum required spaces for the proper~y requirinig the least a~ount of spaces. The credit' may be applied all to one fl~ property or split between the two ~4. p~ope~cies. 'SEC. 2.3.6 OFF-STREET P~RKIHG~ USES NOT SPECIFICALLY HENTIOHED. Requirements for off-street parking for uses not specifically mentioned in this d~ivision shall be the same as for the... SEC. 2.3.S.1 Floor'area ~eane, for the purposes of this t~lvisicn only,... SEC. 2.3.S.~ In stadiums, sports aranas, house~ of worship, and other.places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such sea~ing facilities count- as one fl~seat. SEC. 2.3.10 OFF-STREET P~RXI~G: ENCRO~CHHE~T PROHXBXTED. Require~ off=street parking shall be located so that no automotive vehicle when pa~k&~qR~shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the proper~y of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. SEC. 2.3.14 OFF-STREE~ PARKING AND STACKinG: RE~U~RED AHOUNTS. Minimum off-street parking space are set forth below. ~here stacking is required, the amount listed does not include the first vehicle being serviced (for drive-in windows stacking starts ten feet £10'_4 ~eet behind the middle of the pick-up window) and is computed at twenty feet £20'~ fee~ per vehicle (turns are computed at twenty-two feet ~22'.~ ~eet per vehicle, measured at the outside of the driveway). Stacking for one fX~ lane maybe reduced if the reduction is added to the other lane(s). Hotel' Twelve (12) per lO quest rooms (this includes the required parking for .the ~otel office and all accessor~ recreational facilities designed primaril~ for motel quests). ~here accessory uses are designed primarily for motel ~uests, they shall be computed as follows: $ixtyxseven percen~ (67%)... 858 379 Staff Side Sheet office (Co=~ra=~o~'s) (1) per 300 square feet and one (1) per X,O00 square feet per roofe~ storage areav--P~s plus one/l l per each company vehicle that will be parked overnight. " aeesarohLal~ratoryOne (1) per 300 square feet of office area plus one (1) per 500 square feet of other areas or one (1) per employes of largest workshift,.whichever is greater?~--Pl~s plus three (3) for visitors. aestaurant (Drive-through One (1) par 100 square feet..A with no waXW-up window or stacking area of ten (10) outdoor seating) vehicles fort he first drive-through ~a,dlaneand seven (?) for any additional drive-through lanes. Televielon/~adio Studio One (1) per employes of largest shift or one (1) par 400 iquars feat, whichever is greater?£ P~He Dlus three (3) for visitors. SEC. 2.3.15.2 Each off-street loading space shall be dirs~cly accessible from a street or alley without crossing or entering any other required off-street loading off-street parking space. SEC. 2.3.19.4 For facilities in Sac. 2.3.19 not of ~/fficient size to meet the minimum requirements sst forth therein, each such facility shall provide off-street loading on the property, in aeea~d accordance SEC. 2.3.21.4 Boundaries of the District. The physical limits of the Immokalee Central Business DiStrlc~ars as shown on the a~fficial Iloning aAtlas ~ap of the area, and as described below~ SEC. 2.4.4.1 Quality. Plant materials used to meat the requirements of this s~ec~ion shall... SEC. 2.6.3.2 Exclusions for Off-Street Parking Within A PTlncipal Str~cture. In instances where off-street parking is 'provided within the principal structure, the Development Services Director may waive the maximum height requirements to the extent necessary to permit off-street parking withing the principal structure, providedr however?l 1) the number of off-street... SEC. 2.6.4.1.5 Hoods, canopies, or roof overhangsr shall not pro~ect... Staf£ Side Sheet SEC. 2.6.4.2.2 (2) The Development Services Director ehall reviev the request for minor after-the-fact encroachments, and shall within thirty (30) days of receipt of the .. request and application fee, notify the applicant in writing of its approval or denial based upon information provided by the applicant as described in Sec. 2.6.4.2.2.X above. · SEC. 2.6.4.3.1 Purpose and Intent. It is the intent of this e~ection to permit the placement of principal structures, except single=family, two-family and duplex dwelling units, at the bulkhead line or shoreline where such placement at the water's edge can enhance the character of waterfront development without detriment to adjoining or nearby properties or without damage to a particular environmental situation. The provisions of this e~ection have their greatest potential application in planning for the use of tidewater inlands or areas of the County of such size and location that the use of this provision will meet its intent and purpose. Xf the provisions of this s~ection are met, such... SEC. 2.6.4.3.2 Classification of WaterfronY'~ands and Building Location. Principal structures shall not be erected waterward under this e~ection beyond tha following limits'for the situations outlined: SEC. 2.6.4.3.3 Uses. Since this s~ection applies only to the placement of structures in waterfront yards, there shall be no use permitted under this s~ection which is not permitted or permissible in the district involved. A structure approved under this e~ection, however, may be attached... SEC. 2.6.4.3.4 Site Development Plan Required. An applicant under this s~ection shall submit... SEC. 2.6.7.2.1 No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single=family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard (on corner and through lots, the rear yard shall be considered the rear of the residence), or in a completely enclosed building, or'in a carport, or on davits or cradles adjacent to waterways on residentially zoned property~ provided, however, that such equipment may be parked anywhere on residential premises for a peri94 not to exceed twenty-four (24) hours during loading... Staff Side Sheet ~T~O~R~HXC~ ~CRRORS · S~C. 2.6.7.2.2. The following exceptions nay be 9Tanted by the ~ Development Services Director?£ SEC. 2.6.?.3.X (4) Automobiles, vans, and pickup trucks having a ~a~ed " load capaci~ o~ one (1) ~on o~ les~ ~hall exemp~ed from ~ls s~ec~ion unless o~e~ise 'prohibited b~ .... SEC. 2.6.7.4.X ~ose and Xn~en~. X~ is ~e in~en~ end--oas o~ the Restri~ed Pa~king~e~la~ Dis~i~ (~) ~o all~ residents wi~in a su~ivisiom in Collie~ Co~y ~o p~escri~ s~ric~e~.:'~e~la~ions gove~ing ~e pa~king o~ co~ercial and/or ~a~o~ recreational e~ipmen~ ~an is provided.under ~he ninin~ ~e~iremen~s forth in ~his Zoning Code. in~ended ~o apply as an overlay dis~i~ for areas portions o~ areas which a~e zoned fo~ ~esiden~ial uses. ~e pu~ose of ~his e~ec~ion is ~o maintain... SEC. 2.6.9.3 Under ~his subsec~ion, where s~c~es are involved o~her ~an a~c~ures supposing lines o~ cables~ such s~c~ures shall compl~ wi~h ~he ~e~la~ions for the dis~ric~ in which ~heM are located or as nam be re~ired on an app~ova~ ~ s~i~e d~evelopmen~ pElan ~der Div. 3.3. sha~ confo~ insofar as possible to the character of ~he dis~ric~ in which ~eM are located... SEC. 2.6.10.1.1 No such use shall ~e located within five' hunted fee~ (500') of any established elemental, ~iddle or high _ school, child care Cen~er~ public lib~a~, church, public park~ or public play~ound, unless a waiver o~ said distance re~iremen~ is ~an~ed ~A Board of Zonin~ ~ppeals ~Eesolu~ion pursuan~ ~o Sec. 2.6.10.3. This does no~ include beach access points. ~e distance of five hundred feeb (500') shall ~ measured as ~he sho~es~ distance between ~he lo~ on which~e school, ~church, public pa~k o~~ plaM~ound is located and alcoholic ~verages are ~o ~ sold, excep~a~ es~ablis~en~s located in shopping cen~e~s shall be measured ~o ~he outer wall of ~he es~ablis~en~. SEC. 2.~.10.1.3 ~e erection o~ any school, ~chuzch, public pa~ o~~plaM~ound... SEC. 2.G.10.2 E~i~a~ion of ~oning Approval. ~e Developmen~ se~ices Director's approval for alcoholic beverages for cons~p~lon on premises, ~ran~ed pursuan~ ~o this s~ec~ion shall e~ire... SEC. 2.6.10.2.1 In the case of an existing structure, zoning approva~ shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commended. For purposes of this s~ection, operation shall be defined as the sale of alcoholic beverages In the normal course of business. SEC. 2.6.10.2.2 In the case of a new structure, zoning approval shall expire one (1) year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction ~s completed, the Development Services Director may grant one extension for up to six (6) months. SEC. 2.6.10.3 The Board of Zoning Appeals may, by ~Resolution, grantwaiver of part or all of theminimum distance requirement set forth in Sac. 2.6.10.1.1 if ~t is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for the sale and consumption of al¢oholio beverages is separated from an establi~pd school, ~ CeDter. public library, church, public park playground by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirement. The Board of Zoning Appeals decision to waive part o~ all of the distance requirement shall be based upon the following factors= SEC. 2.6.10.3.1 The nature and type of natural or man-made botmdary, structure or other feature lying between the proposed establishment and an existing school$~~ genter. Public library, church, public park or public playground which is determnined by the Board of Zoning Appeals to lessen the need for the total f~ve-hund~edf~ foot (500t) distance requirement. SEC. 2.6.10.3.2 The paths of %ehicular and pedestrLan traffic whic~ could be Saken between the establishment and the .. church? e~hool, child care center, public library. church, public park or public playground. SEC. 2.6.10.3.4 Whether alcoholic beverages will be sold in · conjunction with food or whether ~he establishment primarily engaged in the sale of alcoholic beverages asa primaxTuse. Prior to consideration of such .waiver by the Board of Zoning Appeals, the applicant shall prbvide to the Development Services Director a. written application for waiver of the distance limitation on an application form supplied by the 656 383' TY'P~KICAL Development Services Dlrec~cor, including a legal description of all applicable structures with survey or bounda~ sketch to scale, and such o~er info.at,on vh[ch the applicant can supply vh~ch vould assis~e Board of Zoning Appeals ~n evaluation p~suan~ to ~e factors se~ fo~ a~ve. Upon rece~p~ oE ~e applicant's application and the applicable application fee established by the Board of cowry Co~lss~oners, a public hearing date ~hall ~ scheduled ~fore ~e Board of 2oning Appeal~ for dete~ination on ~e proposed waiver. ~e applicant shall notify, by certiEied ma~l, ~e ~ers or representatives of the ~ubJect ~chool, ~ center. Public libra~, church, public park, or Public playground, of the appl~ca~ion a= least fifteen (15) days prior to the public hear~ngl and evidence of ~uch not~f~cation shall be ~upplied the Development SedUces Director. SEC. 2.6.10.4 The follow~ng uses shall ~ exempted from the distance limitations of Sec. 2.6.10.1.2, ~t shall comply with all other re~irements of this SEC. 2.6.10.5 ~y o~er or operator of ~n es~abl~s~ent approved under th~s s~ect~on to. sell any alcoholic beverages... . SEC. 2.6.11.2 Residential Districts. For ~e p~oses of s~ection, residential d~stricts shall ~nolude~ RSF-Res~dent~al S~ngle Family~ ~F-6, ~-12, and ~F-16-Residential Multiple Family~ RT-Res~dent~al Tourist~ ~-Village Residential~ ~-Mobile ~RVC-Travel Tra~ler-Recreat~onal Vehicle Park Campground~ and Res~den2ial ~ncrements of e P~-Res~dent~al Pla~ed Unit Develo~ent D~str~s. Fences and walls shall be subject to ~e fo11~ng= SEC. 2.6.11.2.1 Fences or walls placed w~th[n red,red yards shall limited to six feet (6') ~eet:~n height no fence placed ~tween~e front building line and the front prope~y l~ne'of lots or'parcels less one and o,e~a~er ee~es (1 1/4) ~ ~n s~ze shall be greatem.~an fo~ feet (4~) ~n he~gh~ on ~nter~or' lots, or ~ree feet (3') on corner lots. SEC. 2.6.11.4 Co~erc~al and Industrial Distr~cts. For ~e p~oses of this s~ect~on, co~ercial and ~ndustr~al shall ~nclude~ C-l/T, C-2, C-3, C-4 - Co~ero~al District~ and C-5 - Hea~ Co~erc~al I-Industr~al~ and P-~blic Use Distr~ct~ and Co~ercial or Industrial tracts or ~ncrements of P~gr P~-Planned Unit DeveloDment~ Pences or walls she~~ be allowed subject ~o the follow~ng= · Staff Side Sheet SEC. 2.6.11.4.1 Fencss or walls in e~onmercial and ~ndustrial districts shall be limited to siqh~ feet (8'). " SEC. 2.6.11.5.6 Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any aabutting right~of~wa~. SEC. 2.6.11.5.8 Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except as provided for within Sec. SEC. 2.6.11.6 Fence Height Measurement for All Districts. The height of a fence"or wall located outside of the building line shall be measured from the ground level at the fence locatio~. However, if the Development Servicss Director determines that ground levels have been altered so as to provide for a higher fence, the Development Services Director shall determine the ground level for the purposes of measuring the fence height. In determining whether the ground level has been altered for the purposes-of increasing the height of the fence, the Development Services Director may consider, but is not limited tot consideration cfA the following factsl SEC. 2.6.11.6.1 General ground elevation of the entire lot. · SEC. 2.6.14 GUEST HOUSE. No guest accommodation facility in a single,family residential district, whether a freestandin= guest house or guest accommodations which are structurally integrated with the ~ain dwelling, may be utilized for commercial purposes. Leasing or renting a guest accommodation facility shall constitute a violation of this Zoning Code. Similarly, if a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the property owner, since that would constitute'unlawful utilization of single-family zoned property for two~family dwelling purposes. Guest houses shall not be constructed on lots which are smaller than forty-three thousand five hundred ~i×tv £43,5601 square fee= in areaA nor shall they be constructed on lots which have a frontage less than one hundred a~d five feet (105').in width, nor shall the living area of a guest house be larger than forty percent (40%) of the air conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) cf the principal dwelling. Detached guest houses shall not be closer than twenty feet (20') to the principal dwelling. A guest house ~ay be constructed prior to a ~LllDJ~ldwellinq~ provided the quest house the minim,,- requirements o{ a minqle~family residence · ~ such ~ime aa a ~&~e~e ~ ~eai4e~ce cons~e4, ~an ~e ~1oo~ a~ea percen~a~e~ a~ve ahall apply. e level. ~pa~e~m ~hall ~ ~eened on a~ leaa~ ~h~ee SEC. 2.~,lS,S Screenim~ o~ ~arba~e d~ps~ers shall ~ e~emp~ed Industrial Districts (X) l~ ~e d~ps~e~s a~e located ~ea~er ~an ~~~200~ ~ee~ ~0~ residentially zoned or used p~ope~y and a~e no~ located within fron~ yards~ a~d ~al ~i~l~ural o~her Districts. residence in accordance wi~ Div. SEC. 2.~,19.2 Developmen~ o~ ~e~ional xmpa~, ~e~e a p~oposed usa or developman~ is a De~elopmen~ o~ ~a~lonal Xmpac~ ~hap~er ~S0, ~lorida'S~a~u~es~ as ~e~ded~ prior the issuance o~ any re~ired County davelopmen~ orders or pe~i~s and co~encamen~ o~ development, Su~ission o~ the ~ppliaca~ion ~or Developmen~ ~pproval (~) fo~ a su~mission o~ any rezonin~ and/or co~i~ional use application or o~er land use ~ela~ed pe~i~ion re~ired My ~his C~e ~0 allow ~0~ con~en~ ~eviews and public hearings Malone ~o~h ~e ~lan~l~ Co~ission and Board o~ County Co~issionars ~ and rezone and/or conditional use applications, The DRX and rezona and/o~ comdl~iomal use shall approved prior ~o ~he is~ance o~ any re~ired County devalopmen~ o~ders o~ pe~i~s and ~o~enc~en~ cons~c~iom or davelopmen~. SEC, 2,~,20.~ Home oc~pa~lons exis~in~ prior to ~e effe~lve da~e o~ Collier County's Ordimance ~o. ~2-2 amd ~o~d mo~ ~o comply wi~ ~e provisions o~ ~is deemed in viola~ion and shall ~ el~e~ disco~lnuad or shall meet the provisions imposed~ s~ec~lon. SEC. 2.6.21 PRIVATE ZeA~-~eWS~S~~m ~S. Staff Side ~heet TX~~XCA~ !" SE~. 2.6.21.1.1 The n,,~er of docks facilities to be located.., : SEC. 2.6.21.1.10 Pot natural water~>o~iee only= ~xis~ing .~ organism~ in ~he vicini~ o~ ~e p~opose~ e~ension. X~ deeme~ necessa~ base~ upon ~eview of ~e a~ve condi~iona upom ~e. app~oval ~ am e~emalom i~ dee~ as necessa~ ~o acc~lish ~e~ose~ o~ ~is C~e and protec~ ~e safe~y and welfare of the public. Such conditions may include, ~t shall no~ be limited 2o, ~eate~ side se~ack(s), provision ligh~(s)~ addi2ionaX."~aflecto~s~ o~ ~efle~o~s larger than four~~4~ &~ehes, and prohibiting pe~lt~inq ~oorinq on ~e outside of the dock facility. SEC. 2.6.21.3 For lots on a canal or wate~ay, that is less than one hundred ~eet (100!) ~ea% in width, ~ock may e~end/prot~de' no~ ~eater ~an five fee~ in~o said canal or wate~ay. SEC. 2.6.21.5 ~STS~CE O~Y For pu~oses of ~l~ s~e=~i~, riparian line shall... sec. 2.6.21.6 Ail dock facilities, regardless of len~pro~sion, shall have refle~ors'an~ house n~rs f~ inches (4") minim~ ~ize inatalled at ~a ou~e~os~ end, on both sides. For developments, ~e house n~r re~ir~en~ Is waive~. SEC. 2.6.24 General. ~e Board of Zoning AppealsT may, upon reco~endation of the Pla~ing Co~ission, au~orize the usa of lands wl~ln any di~tri~, excep~ Rural Agri~lt~al Distric= (A), for a~i~lt~al activi~ies, such a~, and limited to, pasturing, field crops, hor~i~lture, f~i~ an~ nut pr~iom, fores~, ~ekeeping, a~a~lture an~ marA~lt~e. It is ~e intent of ~is s~ec~ion t~ SEC. 2.6.24.2.1 Development plans at an appropriate ~cale ~h~lng site aAte~a%*e~y ~ and proposed plac~en~ of st~ctures on the proper~y~ provisions... SEC. 2.6.24.3.2 No2ice of ~blic Hearing. Notice of ~lio hearing shall be given a2 least fifteen (15) days in advance of the public hearing. ~e ~er of ~e prope~y for which an interim a~i~ltural use is sought~ or his agen= or attorney designated by him~ shall notified by mail. Notice oE th~ubllc ~earing shall be... Staf£ ~£ds Sheet / SEC. 2.6.24.3.3 (3) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire · ' or catastrophetA SEC. 2.6.24.3.3 (5) Refuse and service areas, with particular reference to the items in Bee? ~'3 and 4 above. DELETE EXTRA SPACE BETWEEN SEC. 2.6.24.3.S & 2.6.24.3.6 SEC. 2.6.24.4 Decision by the Boar~rof Zoning Appeals. Upon receipt of the Planning Commissionts repot= and recom=endations,'the Board of Zoning Appeals shall approve or deny the petition for an interim agricultural use. An approval shall be by rRasolution of the Board of Zoning Appeals. SEC. 2.6.25.1 Purpose and Intent.' This s~ection is intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing establishedttnderthie s~ec~ion shall be used exclusively for that purpose and no other. It Is intended that housingunder.~is s~ect~ion shall be erected only in the~ural-Agricultural.Distric~ (A) and only when such housing meets the requirements and procedures of this s~ection. It is the intent of this s~ection that housing for farm labor shall be in the nature of a planned development, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of health, safety, and general welfare of the farm laborers and the general public. SEC. 2.6.25.2.1 (1) Single~Family Dwellings. (4) Hultipls~Family Dwellings. SEC. 2.6.25.2.2 (2) Caretakers~Residences. SEC. 2.6.25.3 Site Development Plan. No construction for the housing of farm labor shall be erected tmtil a s~ite d~evelopment ~lan~SDP~has been approved as establi~hed in this Article and Div. 3.3. Any application for development to house farm labor shall include the general data established ~n Div. 3.3 and, in addition, the data required by this s~ection. Upon the approval of a~ B~e-Beve~epme~-P}anSDP, no building permit or certificate of occupancy shall be issued except in conformity with such approved · Staff Side Sheet ,' TYPO4TRAPHZCAT,~ deve~epment-p~sn SDPt and no use shall be made of fa~ lair hous~n~ subse~ent ~o const~lon excep~ in confo~ty w~a~ approved p~a~ SDP. SEC. 2.6.25.4 Standards. In add~t[on to ~e applicable oE s~[te d~evelopmen~ p~lans ~n D~v. 3.3~ d~evelopmen~ p~lans for fa~ lair hous~nq shall ~e follow,hq min~ standards~ SEC. 2.6.25.4.5 (8) NOTE~ SFt ~ ~q~e-~.~s~y ~~ ~ - SEC. 2.6.26.1.1 F~ly Care Faclilty~ A Family Care Facility shall be treated as a s~ngle dwelling ~i~ for ~e ~ose of dete~ining applicable develo~en2 standards and, therefore, shall confo~to~e standards ~den~lf~ed for a single-family dwelling unit or mobile home ~n the zoning d~str~ct ass~ed to the prope~yA as well as other applicable standards found ~n the Zoning Code.~ However, a new Family Care' Facility shall not be located wi~n a radius of 9De thousand fee2 11,000~ of snorer existinq'~mily ~re Facility. SEC. 2.6.26.1.2 (4) (a) A new Group Cars Facility shall be red,red to ~ located ~eater ~an a radius of one thoBsand two hundred fee2 ll,200~ee% from any other..~. SEC. 2.6.26.1.2 (5) Special Setback Re~rements~ No stature shall erected w~n twenty flee2 120~ ~ee~ of any a~t~ng lot or parcel which is zoned residential, ~or w~th~n twenty-five feet 125~ fee% of a road r~ght-of-way. SEC. 2.6.26.2.1 Haxim~ Pe~tted Dens~ty= ~entv-s[x 1261~oup housing unitw per ~oss acre. · SEC. 2.6.26.2.2 Maxim~ Pe~ltted Density~ ~ ~omeless shelters shall not exceed twentv-si~ 1261~oup housing units per ~oss acre and shall ~ ~sed on ~e fo11~Ang s~andards~ SEC. 2.6.26.3 (1) Haxim~Pe~ltted Density~ ~enty-six 1261~oup housing units per ~oss (3) Special Setback Re~i~ents: No st~ct~e shall be erected within twenty feet 120~ ~ee% of any abutting lot or parcel which is zoned residential, ~or withi~ twentv-~ive feet 125~ fee~ o~ a road right-of-way. SEC. 2.6.27.1 ~rpose ~nd In~ent. The pu~ose of cjuster housing ts to provide a unite and lnnova~ive alterna~ive ~o 'the conventional residential developmen~ in the RSF, Staf£ Side Sheet '.'' .~ I~4P- 1~2~', and VRDlstricts by crea~lng a ~oro var~ed~ '.: SEC. 2.6.27.2 Appllcabtllt~. ~ls s~ect~on shall apply to all · .. .: parcels of land ~der s~ngla ~ership within a zoning distr~c2 which pe~its cjuster housing by conditional usa. SEC. 2.6.27.3 (1) ~e overall davalo~ent plan of ~e l~te ~ndividual lots and ~eir i~are foo~gt~ ~il~ings and ~eir I~arl fo~tage~ rightl-of~ay~ parking areas~ amours and location of co, on open space intended for recrea~fon or public use~ and natural features such al~ no2 limited ~o, itrlam ~ds, s~gniflcant strands of trees and wetlands. development plan shall, ~n addition, state and acknowledge tha2 all repletions and retirements of the zoning d~s2r~ct ~n which the proposed clus2er housing ~s located, excep= as modified ~ the application of th~s s~ec~on to the dlvelopmen2 plan, have ~ complied (4) Additional ~nfo~at[on as ~y ~ red,red ~ ~e Development Sea, cas D~rec2or to ~ns~e of ~e proposed cjuster hous~ng.w~ ~l repletions and ~ntent of ~s s~ect~on. SEC. 2.6.27.4 Cjustering Standard&. Co~d~[~nal ~sll-a~r~ed for cjuster housing may reduce the lo~ area, lot w~d~, and yard re~iremen~s'wl~n a zoning d~str~c~ subject to the criteria en~erated ~n ~l s~ect~on. The lot area, lo2 width, coverage, and yard repletions of the residential zoning d~str~ ~n which ~e cjuster housing ~s located Ihall be used as the bas~s for all computations of a11~ed reductions. For those zon~ng.d~str~ctl clus2er housing by condit~onal use but ~o2 hav~ng established min~m~ lot areas, lot w~d~s, pr yard repletions t~cal of s~ngle~f~ly or ~o~f~ly attached dwellings, ~e ~F-6 D~S~T d~ens~onal standards shall apply. '. SEC. 2.6.27.4.2 M~n~m~ ~t ~ea. ~e m~n~m~ lot area ~n any cjuster housing developmen2 may ~ rlduce~ to no~ less than~ee ~ousand (3~000) l~are fee~ for single, family dwelling Development of cjuster.housing upon a s~ngle parcel or tract of land, ra~er than upon conven2~onal lots, shall provide a m~n~m~ of three ~ousa~d (3,000) . s~are fee2 of open space for each dwelling ~t exclusive of any co, on open space red,red by s~ect~on. Staff Side Sheet TYPO~RAP~XCAL SEC. 2.6.27.4.3 HinimumLot Width. The minimum lot width in any cjuster housing development may be reduced to no~ less than forty feet (40'). SEC. 2.6.27.4.4 Minimum Lot Coverage. · The maximum allowable lot coverage in any cjuster housing ~may be increased to no more than sixty percent (60%). DELETE EXTRA SPACE BETWEEN 2.6.27.4.4 & 2.6.27.4.5 · SEC. 2.6.27.4.5 Minimum Yards. The minimum side and rear yards maybe reduced by up to twenty percent ~0%~e~ ¢20%~ of the minimum yard requirements for the specific zoning district in which'the cjuster housing is located. When shown and approved on the conditional use conceptual plan, a zero lot line concept may be utilized for single~family detached dwelling units, or in the case of singlexfamlly attached dwelling unite, a common wall concept may be employed. In either... SEC. 2.6.27.4.6 (1) All ~e~et~ene~ in the minimum (4) ' The sale, lease, or Other dksposition of common open space shal~ be prohibited except to a nonlprofit corporation... (5) Access rights to common open space for all residents within the cjuster housina development shall be guaranteed. SEC. 2.6.28.2 Minimu~ Frontage'. An automobile service station shall not be located on a lot with less than one hundred and fifty feet... SEC. 2.6.28.8 Location of Structures, Pumps~ etc. No main or accessory building, no sign of any type, and no gasoline pump, tank, vent, pump island or pump island canopy shall be located within twenty-five feet (25') e~-anyofanvresidentially zoned property. Gasoline pumps and pump islands ~ay shall be located no~ closer than thirty feet (30') to the street property lines and shall be located no~ closer than forty feat (40') to any side or rear property line. Pump island canopies may~lallbe located no~ closer than twenty feet (20') to the street property line. If such setback requirements mentioned above are closer than setback requirements for the zoning district in which the automobile service station is located, such · service station appurtenances shall be removed before Staff Side Sheet the proper~y is converted to a use other than an autonobile 'service station. Removal of fuel storage tanks is required. FFee-etend~ng ~eestandina vents are no~ pe~itted. SEC. 2.~.28.9 En~anc~ and ~. ~o au~ob~le se~ce shall have an entrance o~ ex~ ~or vehicles two h~ed fee~ (200t) along ~e s~o side of a stree~ of a school, publio play~o~dt~ child care center, ch~ch, hospital, p~lio libra~, or any ~nstitution for dependents or for children, excep~ where such properky..Ss In snorer block. ,SEC. R.6.30 SECO~ P~~H O~Y If the ~ or a residen2ial pro~e~wl~in a spF~vateS ~rivate develo~en~ w~ a restricted and/or non~2ored entrance which llnits access residents of ~a~ developnen~, ~e~r ~ests and necessa~nain~enance workers, a polling place~y red,red by the Board to ~ provided in any c~ky recrea~on/public building/public ro~or similar facili2yr~ however, ~he con2roll~nq entity oE ~a2 private developnen2 ~ay lini~*~e use of places to ~e residen~s oE ~a~ developnen2. sEC. 2.~.32.~ Usable Open Space Re~irenen2s. Usable open space shall ~nclude active and pass~ve re,ear,on areas such as playgrounds, golf co~ses, ~ach frontage, wate~ays, lagoons, flo~ plains, na~e ~alls, and other sinilar open spaces. ~en S~ace AAreas shall also ~nclude... SEC. 2.~.33.1 ~ST S~CE ONLY ~2 ~s the inten2 of ~s s~ection to classify tenpora~*** SEC. 2.6.33.2 (1) ~afflc e~ir~lation and safety wi~n ~e site; (2) H[ni~park[nq re~lrenents for the 2enpora~use as defined w~n DAv~s~e~ Div. 2.3, eff-StFeet 9fff-stree2 Parking and ~ading; (5) Sanita~ SEC. 2.~.33.5 Model Hones and Model Sales OEf~ces. H~el h~es and n~el sales offfices shall ~ all~ed In all zoning d~str~cts by the issuance oE a tenpora~use pe~t for a ~odel ~o~e or for a ~odel S~ales e~ff~ce svb~ec~ ~o ~he ~, ~001( PAG[ .: r: Staff Side Sheet ~'i SEC. 2.6.33.5.3 Hodel homes may be ~wet~ or ~d~~ and cons~cted prior to zecordin~ o~ ~e ~imal plat puzsuan~ to ~e provision o~ Div. 3.2. H~el homes · ' cons~ed prior ~o ~a ~ecording o~ ~e ~inal pla~ SE~. 2.6.53.5.5 Model h~ea pe~itted as ~ ~els~ shall ~ limited ~o a e~ondi~ional e~e~ifica~a o~ e~c~pan~ allowinq use o~ ~e s~e as a ~el only. homes pe~itted as ~wat ~els~ shall no~ ~ oc~piad un~il such time~ a pe~anen~ e~ertificate of e~c~pan~ can~ issued. SEC. 2.6.~3.5.6 H~el homes and ~el sales offices shall confo~ wi~h all retirements o~ the zonin~ distric~ in which they are located, includin~ ~ no~ limited yards, s~ara foota~est~ and heights. SEC. 2.6.~3.5.8 Ez~ension of a tempora~ use pe~l~ issued for a model home or for a. model sales office may~ ~an~ed for a maximum of three (3) years and shall re~i~e public notice and a hearin~ ~he Pla~ln~ Co~ission. ~ re,est for an e~ension and schedulin~ on the Planning Co~ission agenda shall made prior to e~iration of.~e initial tempora~ use pe~i~ issued for a h~el.home or ~el sales o~fice Onlyone~such e~ension may ~ ~an~ed and any additional re~ests for an e~ension shall ~ ~anted onl~ in accordance wi~h Sec. 2.6.33.5.X0. ~otice of the public hearin~ shall ~ prominently posted on ~he property for which ~e e~ension is sought. No~ice of the public hearin~ shall ~ adve~ised in a newspaper o~ qeneral cir~lation in ~a County a~ leas~ one ~ time fifteen (15) days p~ior ~o ~e hearing. No~ice of ~he time and place of the public hearin~ shall be sen~ a~ leas~ fifteen (XS) days in advance of ~a hearing by mail to all o~ers of property wi~ln ~ee hunted ~ (300') ~ee~ o~ the sub~ec~ prope~M. ~e Pla~lng Co~ission ~aM eider approve~ approve with condi~ions~ or deny any re,est for e~ension ~yond ~e time peri,ted wi~in See~ms ~ 2.6.33.3.X or 2.6.33.3.2. SEC. 2.6.55.5.8 (3) The characterT or make-up of the area s~ounding... SEC. 2.6.3~.5.9 ~en deemed necessa~ and based upon ~eview of ~e a~ve criteria, ~e Pla~ing Co~ission ~aY impose such conditions upon ~he approval o~ ~e ex~ension re~es~ it datelines necessa~ to acc~plish~e pu~ose o~ ~is s~ec~ion and pro~a~ ~e safe~y and welfare o~ the public. Such conditions ~ay include~ bu~ shall no~ be limited toe~ restrictions to the 'Sta~£ sidesheet .. '~ hours of operation?~ parkings, signaget~ screening :. and buffering~ and the length of tho ex~ensXon, SEC. 2.6.33.5.10 Extension of model homes or Rodel ~alss office permits in excess of three (3) years shall require submittal and approval of a Conditional Use ~with Sec. 2o7.4A eend~ona~-ese . PFoeedu~esy SEC. 2.7.2.3.1 Notice and Public Hearing Where Proposed Amendment Would Not Change Zoning Classification of Land. Ordinances or resolut~lons initiated by the Board of County Commissioners or its designee which do not actually change .the o~fficial t~oning RAtios... SEC. 2.7.2.3.2 (5). Notice of time and place of the publio hearing by the Planning Commission shall be sent at least fifteen (15) days in advance of the hearing by Bail to all owners of property within three hundred feet (3001) fee~ of the property lines of the land for which rezoning is sought; provided, however, that where tho land for which rezoning is sought is part of, or adjacent to, land owned by the same person, the three hgndred foo~ (300!} fee% distance shall.,. SEC. 2.7.2.3.4 (2) The required advertisements for the Planning Commiss~on public hearings aha11 be no less than one:quarter page in'a standard size or.& tabloid size newspaper, and the headline ~n the adver'c~sement shall be in a type no'smaller tha~ e~ah~een 1181 - point. - SEC. 2.7.2.3.4 (4) The Board of County Commissioners'shall hold two advertised public hearings on tho proposed ordinance or resolution. Both hearings shall beheld after 5:00 p.m. on a weekday, and the f~rst shall be held approximatel~sevenlTl days after the day that the first advertisement is published. The second hearing shall be held approximatelytwo£21 weeks after the first hearing and shall be advertised approximately f~ve£51 days prior to the publio hear£ng. (5) The required advert~eeBents aha11 be no less than one-quarter page ~n a .standard s~ze or a tabloid size newspaper, and the headline ~n the advertisement shall be ~n a type no smaller than ~L/A~o~n1181 point. The advertisement shall not be placed in that portion of the newspaper whore legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the e~ounty and of general interest and readership in the community pursuant to Chapter 50, P?S? Florida Statutes, not Staff Side Sheet TYPOCRAPEXCAL one of limited subject matter. It is the leqislativ intent that, whenever possible, the advertisement shall appear in a newspaper that is published at .. least five 151 days a week unless the only newspaper in the community is published less than ~ive£5l days a week. SEC. 2.7.2.8 SECOND PARAGRAPH Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning districtmay'i~cludeAbut are not limited those necessary to protec~ adjacent or nearby land owners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site. The maximum density permissible or permitted in a zoning district within the Urban Designated Area shall not exceed the density permissible'under the Density Rating System. The Board of County Commissioners shall be required to condition and limit the density of a Stoning 9~istrict... SEC. 2.7.2.12.1 No change in the zoning classification of. property shall be considered ~hich involves 1see than forty thousand (40,000) square feet of area and two hundred feet (200~) fee~ of street frontage excepts where the proposal for rezoning of property involves an extension of an existing dietric~boundaryr£ or where the rezoninq is inititated by the Board of County Commissioners to implement the Zoning Reevaluation Ordinance 90-23. However, the requirement of ~wo-hundred~ SEC. 2.7.2.12.3 DELETE EXTRA LINE SPACE BETWEEN 4T~ PARAGRAP~ & ~1. SEC. 2.7.2.12.3 (2) Direct the appropriate e~ounty staff to begin... SEC. 2.7.3.5.6 Minor Changes Not Otherwise Provided For. It shall be understood thatA while a PAanned-Sn*%-BeveAop~e~% PUD is required to describe and provide fore infrastructure~ ~ntended land use approximate acreages of inter, al development tractsf~ and compatibility with adjacent land usesA minor changes may become necessary during the subdivision or s~it~ ~evelopment p~lan ~eve~epmen~ review processes. Staff Side Sheet TYPO~RAPHX(Z~L~ORS : The Development Services Director shall also be authorized to allow minor changes to the PUD Haster Plan during its subdivision improvementm plan or s~ite d~evelopment p~lan process to accommodate... SEC. 2.7.3.7 Violations. Violation of this s~ection, shall be enforced... SE~. 2.7.4.2 (1) Conceptual Site Development Plans at an appropriate scale showing the proposed placement of ef~t~a~ures on the property?, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas~, and required yards and other, open spaces· The conceptual Site Development Plan shall not be in lieu of, nor eliminate the need for, a Site Development Plan under Div. 3.3, as applicable. SEC. 2.7.5.4 SECOND PARAGRAPH Notice of the time and place of the public hearing Before the ee~&e~-Semnty Planning Commission is given at least fifteen (IS) days in advance of the hearing by mail to all owners of proper~y within three hundred feet (300~) ~et of the proper~y lines of the land for which a variance is sought. SEC. 2.7.5.5 Planning Commission Public Hearing. The public hearing shall be held by the eo~&er-ee~nty Planning Commission... SEC. 2.7.5.7 Conditions and Safeguards. In recommending approval of any variance, the eeA~*e~-ee~nty Planning Commission... SEC. 2.7.7.1.2 Authority. The Board of County Commissioners e! eoA~*e~-eaa~ty has the authority to adopt this Code pursuant rcA rt. VXII, Sec. l(f), Fla. Const., Sec. Fla. Stat., Rule 9J-B, F.A.C., the Growth Management Plan,.·· SEC. 2.7.7.1.4 Purpose and Intent. Sec. 2.?.7 is intended to implemen= and be consistent with the Growth Management Plan.·· SEC. 2.7.7.2.6 Review and Recommendation by the Housing and Urban Improvement Director. After receipt of a completed application for affordable housing density bonus, Housing and Urban Xmprovement Director shall review and evaluate the application in light of the Staff Side Sheet · TYPCX~HXC~L affordable housing density bonus rating system, the affordable housing density bonus monitoring program and the~requirements of ~hie d~ivision, and, ~f SEC. 2.7.7.2.8 Review and Dete~nat~on ~ Board of County Co~lssioners. ~on receip2 ~ ~e Board of Co~ty Co~iss~oners of ~e a~l~cat~on for affordable housing density~nus and ~e~tten and repot= of ~e Housing and Urban Improvemen~ · Director and rec~endation of ~e Pla~ng Co~ission, ~e Boardfof County Co~ssioners shall schedule and holds properly advertised and duly noticed public hearing on ~e appllca~ion. agplicat~on has ~en 'su~tted ~n con~unct~on w~th an application for a p~anned-~t-deva~ep~e~% then the hearing shall ~ consolidated and made a part of the public hearing on the application for plan~ed-~,~-~eve~ep~e~% ,P~ before county Co~issioners, and ~e Board o~ County Co~issioners shall'coneider the application for affordable housing density ~nus in conjunction wi~ the application for the ~P~. Xf the application has ~en su~itted in conJ~ction with an application for a rezoninq, the hearing shall be comsolid~ted and made a pa~ the public hearing o~ the'application for rezoning before the Board of County co~issioners, and the Board of County Co~lssioners shall co,sider the application for affordable housing density ~nus in conjunction with~e application for razoning. Xn the even= ~at ~e application for affordable h~s~q density ~nus has no= ~en submitted in conJ~ion with an application for ~e ~P~ or an application for rezoninq, ~en~e applicakion for affordable housing density~nus shall none~eleaa ~ treated as a rezoninq on prope~y and shall c~ply widths retirements for a rezoning, as well as the retirements of this . Section. After the close of ~e public hearing, Board of Cowry Co~issioners shall revi~ and evaluate the application in light of the retirements of this ~ivision and ~e retirements for a rezoning, and shall deny, ~ant, or ~an~ wi~ conditions, the application in accordance wi~h ~e affordable housing density ~nus rating system and the affordable housing density ~nus monitoring program. However, if the application for affordable housing density bonus does not change the densities or intensities o~ use or the zoning on the property and does not re,ire a rezoning or ~eve~epaemt P~ application, ~en the application fo~ affordable housing density bonus shall comply with : the requiremente for development egweemente under the Collier County Development AgTeement Ordinance~ well as ~e retirements oE ~his d~lvision, In lieu of compliance wi~ ~e razonin~ ~e~i~amen~s o~ s~ec~ion. SEC. 2.7.7.3 ~ffordable Housing Densi~M Bonu~ ~lng ' ~e affordable housin~ density ~nua ra~ln~ shall ~ used ~o de~e~ine ~e ~ of affordable housing densi~ ~nua ~ich ~ay ~ ~an~ed for a developmen~ b~sed on household income level, n~er of ~o~s per affordable housing ~i~, of affordable housing unite (~er-oc~pied rental, sinqle-famil~ or multi-f~ily) and percentaqe off affordable housing units in the davelo~ent. To use the affordable housing densitM bonue' ratinq ststem, Tables A and B, below, shall be used. Tablee A and B ehall ~ reviewed and u~ated~ if necessa~ on an a~ual baeie b2 the Board oE Co~ty Co~issioners or its desi~ee. SEC. 2.7.7.3 ~I~ P~G~H After ~e affordable housing density ~nus ra~ng has ~en de2e~ined ~n Table A,_lgcate it ~n Table B, and dete~ine ~e perce~t~ of ~at t~e of affo~le housing unit proposed ~n ~e developmen~ compared ~o ~e to,al n~er of dwelling ~ts in the development. ~om ~s de2e~na~on, Table B w~11 indicate the max[m~ n~er of res~dential dwelling units 9er ~oss acre ~a= may ~ added to density. These additional residential dwelling per gross acre are ~e max~m~ affordable housing density bonus (~DB) available to tha~ developmen2. Developments wi~ percentages' of affordable housing units which fall ~n ~tween ~e percentages ~h~ on Table B shall receive an affordable h~sing bonus e~al ~ ~e l~er of ~l two ~ percentages i2 lies ~tweenA plus 1/10~ of a residential dwelling unit per ~oss a~e for each additional percentage of affordable housing rental development. For example, a develo~ent which has .. - .... : - ~ 124%1 oE ltl to2al housing residen=ial dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four"A will receive an affordable housing density bonus (~B) of 4.4 residential dwelling units per ~oss a~e for ~e davelo~ent. ~ere more ~an one ~ t~e of... SEC. 2.7.7.4.1 Affordable Housing Density Bonus DeVelopment Agreement Required. The affordable housing density bonus shall be available to · development only in when an affordable housing density bonus development agreement has been entered into by the developer/applicant and the Board of County Commissioners, and such a~reeme~thas been approved by the County Attorney? and the Board of County Commissioners pursuant to the public hearing process established in this d~ivision prior to execution. .SEC. 2.7.7.4.1 (6) Amount of monthly'~ent for rental unitsA or the price and conditions under which an owner=occupied units will be sold~_for each type of... (7) The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low or very lo~ income family shall not exceed ninetyuercent 190%1 of the rent charged... (8) No affordable housing unit in the develolmsnt shall be rented to a tenant whose household has not been verified and certified in a~.cgrdance with this d~ivision as moderate, low, or very low... (9) No affordable housing'unit that is to be sold, 1easel with option to purchase, or otherwise conveyed in th% development shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this d~ivision as moderate, low, or very low income family. Such verification and certification sh~11 be the responsibility of the developer and shall be submitted to the Housing and Urban Improvement Director for approval. It is the intent of this d~ivision to keep housing affordablel therefore, any person who buys an affordable housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if he sells the property (including the land and/or the unit) within fifteen (15) years after his original purchase at a sales price in excess of five percent 15%1 per year of his original purchase pricsA that he will pay to the county an amount equal to one-half (1/2) of the sales price in excess of ~£5%1 increase per year. The lien instrument may be subordinated to a qualifying first mortgage. For example, a person originally buys a designated affordable housing unit (a house) for $60,000 and sells it after five 151 years for $80,000. Alive ..', · Staf£ Side Sheet ~ -: ~£5%1 increase per year for f~veisI years .'?~. will give a value of $76,577. Deducting this amount... · ' SEC. 2.7.7.4.3 Minimum Number of Affordable Housing Unite. The minimum number of affordable housing units that aha11 be provided in a development pursuant to this . d~ivision shall be ten (10) affordable housing units. SEC. 2.7.7.4.5 Phasing. In the case where a develolmme~t will occur in more than one/llphase, the percentage of affordable houeinqunits to which the developer has committed for the total development shall be maintained in each phase and shall be constructed aa part of each phase of the development on the property. For example, if the total development's AHDB is based on the provision of ten percent (10%) of the total dwelling units as affordable housing rental units for low income households with two£21 bedrooms per unit, then each phase must maintain that same percentage (~.B_R~£I0%I in this case) cumulatively. SEC. 2.7.7.5.1 Annual Progress and ~onitoring Report. The affordable housing density bonus for'a developmen~ shall be subject to the affordable housing density bonus monitoring program set forth in this e~ec~ion. The ~ developer shall provide the Housing and Urban Improvement Director with an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy for each " of the developer's developments which involve the AHDB in a form developed by the Housing and Urban Improvement Director. The annual progress and monitoring report shall, at a minimum, require any information reasonably helpful to insure compliance with this d~ivision and provide information with regardto affordable housing in Collier County. To the extent feasible, the Housing and Urban Improvement Director shall maintain public records of all dwelling units (AHDB and affordable housing units) constructed pursuant to the affordable housing density bonus program, all affordable housing unite constructed pursuant to the AHDB program, occupancy statistics of such dwellling units, complaints of violations of this d~ivision which are alleged to have occurred, the... SEC. 2.7.7.5.2 (1) SECOND PARAGRAPH, LAST SENTENCE Ramdom inspections to verify occupancy in accordance with this d~ivieion may be conducted by... Staff Side Sheet T~POGR~HI C~L ERRORS (3) Income Verification. The Housinq and Urban Improvement Director or the developer shall obtain written verification from the potential occupant (including the entire household}. The written verification form shallincluds, at a minimum, the purpose of the verification, a e=atement to release information, employer verification of gross annual income or rate of pay, n,,~er of hours worked~ frequency of pay, bonuses, tips and commissions and a signature block with the date of application. The verification may takA'the form of the most recent year's federal income tax return for the potential occupants (including the entire household), a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days. prior to occupancy. Upon expiration of the n~netv£901 day period, the information may be verbally updated from the sources for an additional thirtv 1301 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be.cO~plsted. SEC. 2.7.7.6.1 Violations. It is a violation of Sec. 2.7.7 to sell or occupy, or a~te~pt to rent, sail or occupy... SEC. 2.7.7.6.3 Criminal Enforcement. Any person who violates any provision of this d~ivisiOn, oo SEC. 2.7.7'.6.4 Civil Enforcement. In addition to any criminal penalties which maybe imposed pursuant to Sec. ~.7.7.6.3. Collier County and the Housing and Urban Improvement Director shall have full power to enforce the terms of this g~ivision and any affordable housing density bonus development agreements, rezoning conditions or stipulations, and planned unit development (PUD) conditions or stipulations pursuant to this d~ivision... SEC. 2.7.7.7.1 Liberal Construction. The provisions of this SEC. 2.7.7.7.2 Severabllity. If any section, phrase, sentence or port,on of this SEC. 3.3.1 TITLE AND CITATION. This d~lvision shall be known and... SEC. 3.3.5 Suggest that (SDP) be inserted after SITE DEVELOPMENT PLAN and all subsequent references ~n this Division be changed to replace "site development plan# with "SDP" DELETE EXTRA SPACE/LINE BETWEEN SEC. 3.3.5 & 3.3.5.1 SEC. 3.3.5.5.1 (8) The proposed location, size and height of &11 traffic control signs. For. other development signage see BEvEsEon Div. 2.5. SEC. 3.3.5.5.5 (3) Improvements for roadway, traffi~ clrctllation, ingress and egress, parking and other transportation needs required or as may have been specified during the preliminary site development plan review, prepared in conformance with Sec.' 3.2.8.4 subdivision design requirements (~or purposes... SEC. 3.3.8 SITE DEVELOPMENT PLAN TIHE LIMITS, Approved P~lnal S&ite B~eveloPment plans shall remain in force for two (2) years. If no development (actual · construction) has commenced within two ~2~ years, the S&ite B~evelopment PRlan shall expire. One one-year extension may be granted for good cause shown upon writtten.application submitted to the Development Services Director prior to expiration of the preceding approval. When ex~ending the ~&ite B~evelopment PRlan approval, the... SEC. 6.1.1 GENERALLY. In construction ~n~ interpretation of the language of these regulations, the rules established in this d~ivision shall be... SEC. 6.1.7 MONTH. The word "month" shall mean~£301 calendar days, unless a calendar month is indicated. SEC. 6.1.9 NUMBER. A word importing the singular number'onlymay extend and be applied to s&veral persons and things es well as to one ~1~ person and thing. The use of the plural number shall be deemed to include any single person or thing. SEC. 6.1.14 YEAR. The word 'year" shall sixty-five 13651 calendar days, tmless a fiscal year is indicated, or unless a calendar year is indicated. 056 402 R 29 E R 30 E 69315 RSF-4 I RSF-3 LAST, REVISION ~ · .., .,~ .:.,~ '. ~.~~.~. ~ . . I ~ I~ . .., ~;.,:.~.~ " ...... ., _ . ....... :::.::.. PUDt ' A -MH LAST. REVISION RMF-6 . OTHER ~ .... . :.~:~..... PUD ~'~ P.U.2 RldF-6 PUD PUD'  ~ I ~ ,. I~ ........ AII C...9 ; m r , , ' ~ 87315Z ( I PUD ZONE X ZONE AE (EL 7)..==~~ _ ,,, _ -'-" ' . LAST R~ISION ~ K~ ~c~ o,~ & ,~ )fi ' ONING -.,: x ;,. ..* CruLlER C~N~. ~ORIDA R 27 E '=" R 28 E R29E ~ R30E F) ! 7 8 g 10 11 12 7 g 10 11 12 A · 13 18 17 16 15 14 1~ 16 ~9 21 22 23 24 ~ 19 20 21 22 23 24 ,30 29 28 27 26 25 30 28 ' 27 26 25 51 32 53 54 55 .36 31 33 54 35 ,~6 "---- R30E R29E I 6 5 4 3 2' I 6 4 3 2 1 A-MH* 12 7 9 t0 ,11 12 7 8 g 10 11 18 17 16 15 14 13 15 17 16 15 14 0) A-MH'~ ;SC/ST' A-MH-  !-- · 22 23 19 21 22 23 24 .,~ lg 20 21 BECO-18 50 29 28 27 26 30 28 27 26 25 · 31 32 55 54 5.5 55 51 32 55 54 55 56 i ZONE AE ""~ TTRVO' (EL 7) PUD' PUD' A 13115 ~4 113 LAST REVISION 317, (~ Z...- ZONING I OTHER ' ------- ! ! ': "'" '~ ': "' I ~ co,,,~. ~.o,,o^ .......... ;~-..;.; ..... {-.;, . ..... ,i - ZONE AE (EL 9) , ZONE AE ~ . (EL 8) I$ I 14 ZONE ZONE AE (EL ~2) (EL ~) ZONI ZONE AE (EL 1, (EL 12) " A-ACSC/ST ~ ZONE VE ¢z3 (EL 12) ~o ~O~ ~Y : ZbNE AE ' (EL 10) ZONE AE ,,~ ~ ~ .__ OTHER - .-.. .... ;'--. i:~'... -~ :,':' '.' : ,. . .,:~. . - / STATE OF FLORIDA ) ii' COUNTY OF COLLIER ) I, SAMES O. GILES, Clerk · ' which was adopted by the Board of Coun~ Commissioners on .~' the 14th day of October, 1992, during Special Session. WITNESS my hand and the official 'seal ~ ~ County Commissioners of Collier County, Florida, this 20th ~. day of October, 1992. Ex-officio Deputy Clerk ·