Ordinance 2000-008~_ ~ ,i.~.~/ ORDINANCE NO. 2000- 08
~O, RDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 2, ZONING, 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;
ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.4.
EXPLOSIVES; DIVISION 3.9. VEGETATION REMOVAL,
PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION 6.3.
DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE
DEFINITIONS OF MONUMENT SIGN, BEACON LIGHT, ROADSIDE
SALES AND RIPARIAN LINE; APPENDIX B, TYPICAL ROAD
CROSS-SECTIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SlX,
EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section I 19.1 LDC; and
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WHEREAS, this is the second mendment to the LDC, Ordin~ce 91-102, comm~q~g
ye~ 1999; and
WHEREAS, on M~ch 18, 1997, the Bo~d of County Commissioners adopted
establishing local requirements and procedures for amending the LDC; and
": 'WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised
public hearings on December 15, 1999 and January 5, 11 and 25, 2000, and did take action concerning these
amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,
Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
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The Board of County Commissioners of Collier County, Florida, hereby makes the following findings
of fact:
1. Collier County, pursuant to Sec. 163.3161, et se.q., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations 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., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the
adopted Comprehensive Plan, or element or portion thereof, shall be 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.
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. Sec. 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 or portion thereof shall be consistent with such Comprehensive Plan or element or portion
thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation
shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive
Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensiye Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
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 effectively with future
problems that may result from the use and development of land within the total unincorporated are of Collier
County and it is intended that this Land Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent
the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient
provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
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12. It is the intent of the Board of County Commissioners of Collier County to implement the Land
Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125,
Fla. Stat., and Chapter i 63, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A AMENDMENTS TO DIVISION 2.1. GENERAL
Division 2.1, General, of Ordinance 91-102, as amended, the Collier County Land Development Code,
is hereby amended to read as follows:
DIVISION 2. I GENERAL
Sec. 2.1.15. Prohibited uses and structures
Any use or structure not specifically permitted in a zoning district as a permitted use,
conditional use or use allowed by reasonable implication shall be prohibited in such
zoning district o..~.~:.~ .~.~o .~.~.n ~. .... k:k:,~.~ :. ~, ~.:.~ m~,.;~, .... ~o a
.
Roadside sales shall be prohibited in all zoning districts. No temporary_ use permit or
license can be obtained for any ,type of roadside sale.
Subject to exceptions in Ordinance No. 76-11, as amended, the storage, display, or sale of
any items, services, materials, or products, whether finished or unfinished, processed or
natural, within public rights-of-way shall be prohibited. Notwithstanding anything in
Ordinance No. 76-11, as amended, or any other part of the Collier County Code, in
unincorporated Collier County no person shall be upon or go upon any public road, when
the road is open to vehicular traffic, for the purpose of displaying any advertising to, or
distributing any tangible thing or soliciting any business, contribution or any other
tangible thing from any occupant of any motorized vehicle that is being operated on the
public road. No person shall be within four feet of any edge or such road for the purpose
of distributing any tangible thing or soliciting any business, contribution or any other
tangible thing from any occupant of any motorized vehicle being operated on the public
road. As used in this section, "road" means all public areas between two exterior most
edges of all paved and unpaved surfaces that are available and used for either travel of, or
in the road parking of, motorized vehicles. "Road" includes all medians in all such
interior areas, and includes shoulders. All roads, including roads that are separated by
one or more medians, have only two exterior edges. "Road" includes streets, highways
and other words that describe such facilities and no differentiations are intended.
The storage, display, or sale of any items, services, materials, or products whether
finished or unfinished, processed or natural, other than form within, or as part of the
normal operation of a permanent structure authorized by the Collier County land
development code shall only be allowed in accordance with section 2.6.33.
When the operating characteristics of a duty authorized business require the utilization of
shopping carts by customers provision shall be made for outside storage areas to be iljustrated
on a site development pla.n, and said shopping carts shall be collected at the close of business
..ea. ch day and stored at the front of that business establishment. It shall be the responsibility of
the merchant to collect any and all shopping carts that stray from the premises upon which they
are intended to be utilized. A name-plate on a shopping cart shall be prima-facia evidence of
ownership.
SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
USES
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Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
Division 2.2.
ZONING
DIMENSIONAL STANDARDS
Sec. 2.2.12 Commercial professional
transitional district (C-I/T).
2.2.12.4.3 Minimum yard requirements.
1.
DISTRICTS, PERMITTED
USES,
CONDITIONAL USES,
district (C-l) and commercial professional
Frontyard. 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
Rear yard. 15 feet or one-half of the building height as measured
from each exterior wall, whichever is, greater.
Sec. 2.2.13 Commercial convenience district (C-2).
2.2.13.4.3 Minimum yard requirements.
Sec. 2.2.14.
2.2.14.2.1.
Front yard. 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
Rear yard. 15 feet or one-half of the building heigh.t, as measured
from each exterior wall, whichever is greater.
Commercial intermediate district (C-3).
Permitted uses.
10.
Unless otherwise provided for in this section, all permitted uses of the C-2 commercial
convenience district.
Apparel and accessory stores (groups 5611--5699).
Auto and home supply stores (5531).
Automotive services (7549).
Business services (groups 731 l, 7313, 7322--7338, 7361--7379, 7384, 7389 except
auctioneering service, field warehousing, bottle labeling, packaging and labeling,
salvaging of damaged merchandise, scrap steel cutting and slitting).
Eating places (5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to locational requirements of section
2.6.10.
Food stores (groups 5411--5499).
General merchandise stores (groups 5311-5399).
Group care facilities (category I and II, except for homeless shelters); care units, except
for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S.
and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S.
and ch. 4-193 F.A.C.; all subject to section 2.6.26.
[Reserved.]
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· 11. Home furniture, furnishing, and equipment stores (groups 5712--5736).
12. Libraries (8231).
! 3. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15. Miscellaneous repair services (groups 7629--7631).
16. Miscellaneous retail (groups 5912--5963 except pawnshops and building materials,
5992--5999 excep.t auction rooms).
17. Museums and art galleries (8412).
18. Nondepository credit institutions (groups 6111--6163).
19. Paint, glass and wallpaper stores (523 I).
20. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7221--7251, 7291).
2 i. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--9532,
9611--9661).
22. Retail nurseries, lawn and garden supply stores (5261).
23. Veterinary services (groups 0742, 0752 excluding outside kenneling).
24. Videotape rental (7841).
25. United States Postal Service (4311 except major distribution centers).
26. Any use which was permissible under the prior GRC zoning district and which was
lawfully existing prior to the adoption of this code.
27. Any other general commercial use which is comparable in nature with the foregoing uses
including buildings for retail, service and office purposes consistent with the permitted
uses and purpose and intent statement of the district.
2.2.14.4.3 Minimum yard requirements.
1. Frontyard. 25 feet or one-half of the building height as measured
from each exterior wa!l, .whichever is greater.
3. Rearyard. 15 feet or one-half of the building height as measured
.from each exterior wall, whichever is greater.
Sec. 2.2.15. General commercial district (C-4).
2.2.15.4.3 Minimum yard requirements.
.... e, ............. or one-half of the building he as measured
from each exterior wail, whichever is greater.
2. Rearyard. 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
Sec. 2.2.15½. Heavy commercial district (C-5).
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2.2· 15-1/2.4.3 Minimum yard requirements.
I Frontyard 25 feet, ''~ ......
· · v .................................. e, .... e, .... ;'er .... or one-half
of the building heigh.t as measured from each exterior wall, whicl!ever is greater·
3. Rearyard. Zero feet or five feet or one-half of the building height as measured
from each exterior wall, whichever is greater·
Sec. 2.2.16. Industrial district (I).
2·2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide lands for
manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service
and commercial activities that are related to support manufacturing, processing, storage and
warehousing, wholesaling, and distribution activities, as well as commercial uses relating to
automotive repair and heavy equipment sales and repair are also permissible in the I district.
The I district corresponds to and implements the industrial land use designation on the future
land use map of the Collier County growth management plan.
2.2.16.2.1. Permitted uses.
1. Agricultural services (groups 0711, except that chemical treatment of soil
for crops, fertilizer application for crops and lime spreading for crops shall
be a minimum of 500 feet from a residential zoning district, 0721, except
that aerial dusting and spraying, disease control for crops, spraying crops,
dusting crops, and insect control for crops (with or without fertilizing)
shall be a minimum of 500 feet from a residential zoning district, 0722-
0724, 0761, 0782, 0783).
2. Apparel and other finished products (groups 2311-2399)·
3. Automotive repair, service, and parking (groups 7513-7549)·
4. Barber shops (group 7241).
5. Beauty shops or salons (7231).
6. Building construction (groups 1521-1542)·
7. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389,
including auction rooms (5999), subject to parking and landscaping for
retail use).
8. Communications (groups 4812-4899 including communications towers up
to specified heights, subject to section 2.6.35).
9. Construction--Special trade contractors (groups 1711-1799).
10. Depository and nondepository institutions (groups 6011-6163).
11. Eating places (5812).
12. Educational services (8243--8249).
13. Electronic and other electrical equipment (groups 3612--3699).
14. Engineering, accounting, research, management and related services
(groups 871 I--8748).
15. Fabricated metal products (groups 3411--3479, 3491--3499).
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16. Food and kindred products (groups 2011--2099 except slaughtering
plants).
17. Furniture and fixtures (groups 251 I--2599).
18. Gunsmith shops (group 7699) with accessory shooting range for testing
and training except for outdoor shooting ranges.
19. Heavy construction (groups 1611-- 1629).
20. Health services (8011 accessory to industrial activities conducted on-site
only).
21. Industrial and commercial machinery and computer equipment
(3511 --3599).
22. Leather and leather products (groups 3131--3199).
23. Local and ~uburban transit (groups 4111--4173).
24. Lumber and wood products (groups 2426, 2431--2499).
25. Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks (groups 3812--3873).
26. Membership organizations (groups 8611,8631).
27. Miscellaneous manufacturing industries (groups 3911--3999).
28. Miscellaneous repair services (groups 7622-7699) .with no associated retail
sales.
29. Motor freight transportation and warehousing (groups 4212, 4213--4225,
4226 except oil and gas storage, and petroleum and chemical bulk
stations).
30. Outdoor storage yards pursuant to the requirements of section 2.2.15 V2.6.
31.20. Paper and allied products (2621--2679).
32..31_. Personal services (groups 7211-7219).
33..32. Physical fitness facilities (7991).
34.22.. Printing, publishing and allied industries (groups 2711--2796).
35 .... Railroad transportation (4011, 4013).
3~6 3~-5. Real estate brokers and appraisers (65311.
37.25. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
38.97. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253,
3255--3273, 3275, 3281).
39.28. Textile mill products (groups 221 !--2221, 2241--2259, 2273-2289, 2297,
2298).
40.3~. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761,
3764, 3769, 3792, 3799).
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41.49,
42.4
43.4-~.
44.4-~..
45.44~.
46 4-5
Transportation by air (groups 4512--4581 except airports and flying
fields).
Transportation services (groups 47-34--4724-4783, 4789 except stockyards).
United States Postal Service (4311).
Welding repair (7692).
Wholesale trade--durable goods (groups 5012--5014, 5021--5049,
5063--5092, 5094--5099).
Wholesale trade--nondurable goods (groups 511 !--5159, 5181, 5182, 519 I
except that wholesale distribution of chemicals, fertilizers, insecticides,
and pesticides shall be a minimum of 500 feet from a residential zoning
district (5192--5199).
Any other use which is comparable in nature with the foregoing uses and
is otherwise clearly consistent with the intent and purpose statement of the
district.
Sec. 2.2.28. lmmokalee Overlay District.
H,~ ,1
IMMOKALEE OVERLAY DISTRICT
' '
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-k ;StXffil;r 81"-' I.. '
+.,.
I
Delete this Map
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Map I
IMMOKALEE OVERLAY DISTRICT
Add this Map
S.R. 29 COMMERCIAL OVERLAY SUB-DISTRICT (SR29COSD)
Delete this Map
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Map 2
Add this Map
2.2.28.7.4.
Boundaries o_fthe district. The physical limits of the Immokalee central business
district (ICBSD) are as shown on the official zoning atlas map of the subject area,
and on the map below:
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Map 6
IMMOKAt. EE CENTRAL BUSINESS OVERLAY SUBDISTRICT
2.2.28.8
Add this Map
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict: special conditions for the properties identified in
the Immokalee Area Master Plan; referenced on Map 7; and further identified by
the designation "MSOSD" on the applicable official Collier County Zoning Atlas
Maps,
Map 7
MAIN STREET OVERLAY SUBDISTRICT
RSP-!
RNI~,
A-MHO
Add this Map
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2.2.28.8.1
Purpose and intent. The purpose of this designation is to encourage development
and redevelopment by enhancing and beautify, ing the downtown Main Street area
through flexible design and development standards.
2.2.28.8.2
Applicabili~. These regulations shall apply to the Main Street Overlay Subdistrict
as identified on Ma.p 7 and further identified by the designation "MSOSD" on the
applicable official Collier County zoning atlas maps.
2.2.28.8.3
Permitted uses. For all properties within the Main Street Overlay Subdistrict,
e~xcept for properties hatched as indicated on map 7, the Main Street Overlay
Subdistrict, all.permitted uses within the underlying zon. ing districts contained
within this subdistrict, and the following uses are permitted as of right in this
subdistrict:
1._:. Hotels and motels (group 7011).
2.2.28.8.4
Permitted uses. For hatched properties within the Main Street Overlay
Subdistrict, al! permitted uses within the underlying zoning districts contained
within this subdi.st.ri.ct, and the following uses are permitted as of right in this
subdistrict:
All uses permitted in the Commercial Professional District
(C-1), of this code, except for group (7521).
2.2.28.8.5
Prohibited uses. All uses prohibited within the underlying residential and
commercial zoning districts contained within this subdistrict, and the following
uses, shall be prohibited in the Main Street Overlay Subdistrict:
Automobile parking (eroup 7521) on all properties having frontage on
Main Street, North First Str.eet, So. uth First Street and North 9"' Street
within the Main Street Overlay Subdistrict.
Automotive dealers (groups 5511, 5521, 5531 installation,
555!,.5.5,61,5571,5571,5599) on all properties having frontage on Main
S. tre.et, .North First Street and South First Street within the Main Street
Overlay Subdistrict.
Gasoline service stations {group 5541) on all properties having frontage on
Main Street and gasoline service stations (group 5541 with services and
repairs as described in section 2.6.28) are prohibited on all properties
having frontage., on North First Street and South First Street within the
Main Street Overlay Subdistrict.
Primaw uses such as convenience stores and grocery stores are prohibited
from servicing and repairing vehicles in conjunction with the sale of
gasoline, on all properties having frontage on Main Street, North First
Street and South First Street within the Main Street Overlay Subdistrict.
Automotive repair, services, parking (groups 7514, 7515, 7521) and
carwashes (group 7542) on ali properties having frontage on Main Street,
North First Street and South First Street within the Main Street Overlay
Subdistrict.
Radio and television repair shops (group 7622 automotive) is prohibited
on all .properties having frontage on Main Street, North First Street and
South First Street within the Main Street Overlay Subdistrict.
Outdoor storage yards and outdoor storage are prohibited within any front,
side or rear yard on all properties within the Main Street Overlay
Subdistrict.
Drive-through areas shall be prohibited on al! properties having frontage
on Main Street, North First Street and South First Street within the Main
Street Overlay Subdistrict.
Warehousing (group 4225)
Any other heavy commercial use which is comparable in nature with the
forgoing uses and is deemed inconsistent by the development services
director with the intent of this subdistrict shall be prohibited.
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2.2.28.8.6 Accessory .us:es..
Uses and structures that are accesso~ and incidental to the permitted uses
as of right in the underlying zoning districts contained within this
subdistrict and are not otherwise prohibited by this subdistrict.
2.2.28.8.7 Conditional uses.
Uses permitted in the underlying zoning districts contained within this
subdistrict, subject to the standards and procedures established in section
2.7.4. and as set forth below:
A. Local and suburban passenger transportation (groups 4131 - 4173]
located upon commercially zoned properties within the Main Street
Overlay Subdistrict.
2.2.28.8.8 Outdoor display and sale o_f merchandise.
Outdoor display and sale of merchandise, within the front and side yards
on improved properties, are permitted subject to the following provisions:
A._ The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises and as indicated on
the proprietors' occupational license.
B_.~. The outdoor display/sale of merchandise is permitted on improved
commercially zoned properties and is subj.ect to the submission of
a site developme.nt plan that demonstrates that provisions will be
made to adequately address the following:
Vehicular and pedestrian traffic safety measures.
Location of sale/display of merchandise in relation
parking areas.
Fire protection measures.
Limited hours of operation from dawn until dusk.
to
Outdoor display and sale of merchandise within the sidewalk area only shall be
permitted in conjunction with "Main Street" approved vendor carts, provided the
applicant submits a site development plan which demonstrates that provisions will
be made to adequat, ely address the following:
1. Location of sale/display of merchandise in relation to road rights-of-way;
2. Vendor carts are located on sidewalks that afford the applicant a five foot
clearance for non-obstructed pedestrian traffic; and
Limited hours of operation from dawn until dusk.
2.2.28.8.9
Dimensional standards. Subject to the provisions of this code, for each respective zoning
district, except as set forth below:
2.2.28.8.9.1
Yard requirements.
Maximum yard requirements.
1_ Front yard 7 or 10 feet.
2_ Side yard 0- 10 feet.
Minimum yard requirements.
1_ Rear yard. 0 or 5 feet.
2_ Abutting residential. 20 feet.
2.2.28.8.9.2
Maximum height of structures.
All structures shall be no more than 35 feet in height, except that hotel/motel uses
shall be no more than 50 feet in height.
2.2.28.8.10
Minimum qff-street parking and o_fi-street loading..As permitted by section 2.2.28.7.
standards for parking within the Immokalee Central Business District, and as set forth
below:
1_ Outdoor caf6 areas, shall be exempt from parking calculations.
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All properties within the Main Street Overlay Subdistrict, having fro.ntage on
Ma. in Street, First Street or Ninth Street are required, by this subdistrict to locate
all parking areas in the rear yard and/or in side yards.
2.2.28.8. ! 1
Signs.
1__=
As required i.n division 2.5., and as set forth below:
Projecting sign. s.are permitted in addition to permitted signs provided such signs,
do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above
any pedestrian way.
Sandwich boards are permitted, one per eating ..establishment, not to exceed 6
square feet in size and shall only be displayed during business hours.
2.2.28.8.12
Commercial design guidelines. Subject to the provisions of division 2.8., Architectura. l
and Site Design Standards for Commercial Buildings a. nd Projects, except as set forth
below:
Properties having frontage on Main Street or First Street or Ninth Street are
re. quired to locate their prima .fy business entrance on that street. Parcels fronting
both Main Street and First Street or both Main Street and Ninth Street are required
to locate their primary_ business entrance on Main Street.
Reflective or darkly tinted glass is prohibited on ground floor windows.
Properties with less than 50 feet of road frontage shall only require a minimum of
one roof change.
Commercial projects 5,000 square feet in size or less shall only require a
minimum of two design features, as described withi.n section 2.8.4.4.6 of this
code.
To encourage redevelopment within the Main Street Overlay Subdistrict, for
proposed redevelopment of existing projects that do not increase impervious
surface area and whose total building area is less than or equal to 5,000 square
feet in size, the applicant shall be exempt from section 2.4.3.1. of the landscaping
and buffering provisions, requiring the seal of a landscape architect and shall also
be exempt from divisio, n. 2.8., Archit_e_c_tural and Site Design Standards and
Guidelines for Commercial Buildings and Projects, requiring the seal of an
architect.
The minimum commercial design criteria, as set forth obove, are not applicable to
projects greater than 5,000 square feet in size.
2.2.28.8.13
Landscaping and buffering Subject to provisions of division 2.4, of this code, except as
set forth below:
To encourage redevelopment, the following landscape criteria shall apply to all
commercially zoned properties and those residential properties with permitted
commerci.ai uses, excep.t where otherwise prohibited by this subdistrict:
a_ properties adjacent to residentially zoned lots/parcels shall provide a
minimum 10 foot wide landscape buffer, 6 feet in height, with trees spaced
no more than 25 feet on center;
b_ a minimum perimeter buffer of 5 feet in width, with a single row hedge
with trees spaced no more than 30 feet on center, shall be required for all
_~roperties;
c_. a minimum 5 foot buffer, with at least two trees on each parcel, shall be
required adjacent to all rights-of-way;
lots/parcels that are unable to meet the above minimum landscape criteria,
shall be required to provide landscape planters and/or flower boxes for
each such property, as recommended by the county landscape architect or
county planning director; and
the minimum landscape buffering criteria, as set forth above, are not
.applicable to commercial projects greater than 5,000 square feet in size.
SUBSECTION 3.C. AMENDMENTS TO OFF-STREET PARKING AND LOADING DIVISION
Words ...... ~- ~- ..... ~' are deleted, words underlined are added.
14
Division 2.3., Off-Street Parking and Loading, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 2.3. OFF-STREET PARKING AND LOADING
See. 2.3.3. General applicability.
See. 2.3.4.
2.3.4.1.
2.3.4.2.
2.3.4.3.
2.3.4.4.
Off-street vehicular facilities: design standards.
Off-street parking facilities and other vehicular facilities, both required and
provided, shall:
Identification. Be identified as to purpose and location when not clearly evident.
Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material and
maintained in smooth, well-graded condition. Up to 70 percent of the parking
spaces for houses of worship and schools may be surfaced with grass or lawn.
Spaces that are not paved shall be compacted, stabilized, well drained and
surfaced with a durable grass cover. Driveways, handicapped spaces and access
aisles shall be paved. When the development services director determines that the
paving of some or all parking spaces for houses of worship and schools will have
significant negative environmental impacts, the director may require that these
parking spaces not be paved. Upon approval of the development services director,
a suitable material (limerock excluded) with a suitable stabilized subgrade may be
substituted for the above materials. This section 2.3.4.2 shall not apply to single-
family dwellings.
Drainage and slope. Be drained and sloped so as not to cause any nuisance to
adjacent property or to public property or rights-of-way. Such facilities must also
be sloped to meet the provisions of the Americans with Disabilities Act.
Lighting. Be so lighted, if lighted, as to shield streets and all adjacent properties
from direct glare, excessive light, and hazardous interference with automotive and
pedestrian traffic. Lighting shall conform to the applicable provisions of division
2.8.
2.3.4.11.
Locational requirements.
Words ::rack through are deleted, words underlined are added.
15
Words~* .... ,.+k ..... k
............. e., are deleted, words underlined are added.
16
b
uts
Words struck thre. ugh are deleted, words underlined are added.
17
All required off-street parking faci!ities shall be located on the same lot
they serve, on a contiguous lot under the same ownership that is zoned for
use as a parking lot, or shall be approved under the provisions of section
2.3.4.11.2., below.
Exemptions to locational requirements:
a_. Off-site parking on non-contiguous lots under same ownership.
Words struzh through are deleted, words underlined are added.
18
The planning services director may approve off-site parking
on lots under the same ownership that are separated by., a
roadway that is not designated an arterial or a collector
roadway of greater than 2 lanes in the traffic circulation
element of the growth management plan. A site
development plan shall be submitted to the director which
indicates that:
At least 67% of the required parking is on the lot
with the principal structure; or
(2)
The off-site lots are zoned for use as a parking lot or
are zoned the same as the lot with the principal
structure; or
(3]
The off-site parking will serve a water dependent
and/or a water related use or will only be used for
valet parking.
Off-site parking on lots under different ownership.
The planning services director may approve off-site parking
on contiguous lots that are under different ownership. A
site development plan shall be submitted to the director
which includes:
A minimum tenffear lease .agreement between the
property owners, including a provision that if and
when the lease expires, the property owner requiring
the off-site parking shall make other provisions for
the required parking. The county attorney shall
review this agreement for form and legal
sufficiency. The petitioner shall record the lease in
the official records of Collier County before
approval of the site development plan; and
(2}
At least 67% of the required parking is on the lot
with the principal structure; or
(3)
The off-site lots are zoned for use as a parking lot or
are zoned the same as the lot with the principal
structure; or
(4)
The off-site parking will serve a water dependent
and/or water related use or will only be used for
valet parking.
c_. Parking exemption
The board of zoning appeals, after review and
recommendation by the planning commission, may approve
.a parking exemption under the following circumstances:
,(!)
The permitted use and the proposed off-site parking
lot are separated by a collector or arterial roadway;
The lot proposed for off-site parking is not zoned
commercial;
Words :truck t~rz::g~ are deleted, words underlined are added.
19
g:.3__.
Shared parking, in which two or more permitted
uses utilize the sa. me, or a portion of the same
required parking,
Parking reservation, in which the petitioner believes
that the number of required parking spaces is
excessive and wishes to reduce the number of
parking s. paces required to be constructed, while
reserving the land area for future parking spaces if
determined necessary_ .by the planning services
di.rec.tor., o.r ,the board of zoning appeals.
The plann, i.ng commission and the board of zoning .appeals
shall consider the following criteria for the'approval of a
parking exemption:
(1)
Whether the amount of off-site parking is required
by section 2.3.16, or is in excess of these
.requirements.
The distance of the farthest parkin, g space from the
facility to be served.
Pedestrian safety if the lots are separated by a
collector or arterial roadway.
(4)
If the lot is not zoned commercial, it must meet the
locational criteria for commercial uses as identified
in the future land use element of the growth
management plan.
(5] Pedestrian and vehicular safety.
The character and quality of the neighborhood and
the future development of surrounding properties.
Potential parking problems for neighboring
properties.
Whether the internal traffic flow is required to leave
the site to reach the proposed off-site parking,
Whether vehicular access shall be from or onto
residential streets.
(10)
Whether buffers adjacent to the property zoned
residential are 15 feet in width and include a wall in
addition to required landscaping.
Whether the off-site parking area will be used for
valet parking.
(12)
Whether the off-site parking area will be used for
employee parking.
(13) Whether there are more viable alternatives
available.
Eae~ oOff-street parking spae~ areas must be dgeetly accessible from a
street, alley or other public right-of-way and all off-street parking facilities
must be so arranged that no motor vehicle shall have to back onto any
Words struck througk are deleted, words underlined are added.
20
street, excluding single-family and two-family residential dwellings and
churches approved under section 2.3.16.
2.3.4.12.
Dimensional standards.
2.3.4.12.1. Minimum aisle widths. Minimum aisle widths shall be as follows:
Angle of
Parking
Parallel
30 degrees
45 degrees
60 degrees
90 degrees
Aisle Width
(One-Way)
12 feet*
12 feet*
12 feet*
18 feet
22 feet
Aisle Width
(Two-Way)
20 feet
22 feet
22 feet
24 feet
24 feet
*Fire districts may require these to be increased to 14 feet where an acute turning radius is
present.
The following iljustration is deleted:
Words :tr'--'ck thre-'-'gh are deleted, words underlined are added.
21
'u-'il
:il'dI --,- ~ -,
TYPICM. OFF - STRI.:F.T
C:OI.IJEII COil N'I'Y
SEIiVICE~; I)FiP^I('I'MEN r
li;XlIIHIT ^
2.3.4.12.2.
Minimum space size. Each parking space shall be a minimum of nine feet by 18
feet in size or 16 feet in depth measured from the isle width to the face of the
wheelstop ...~, c .......o+ ..,..-,.: ......... ,, ..... ~, ..,:a,: .... ,:.... o ~ ,~ ,-) '~
eX-'-,l-'~ -'-', -"-,,,I-"-".,, 1-',.,,,-,,,~, ,-'Y'-".',,,-' '-',,,-'',,',., ',,, .... · ,-"~,~,,'-',, --.-'. ,.,--.-'.
See Exhibit "A" for typical off-street parking design. All parking spaces for the
exclusive use of compact vehicles indicated on an approved site development
plan, and any subsequent amendments thereto, shall be counted as standard
parki.ng spaces.
................... r' .... r ............................... v,"-'J .... , '-'v ,-'
..~...b; ............ k,~ ,~o,,;~..,,,+~,,~ ........ + ," ..... ith minimum
v, ,..,~,., ,-,-., ,.,j ,v ,,.,.,,. -..,..,,,l.,,~,.,~ of,.,,,,.-- ,,,,, ,-,,,,j ,~,,~ ,.,s,,-, ,,..,,., ,,, l-,,vj,.,,,,o
..... ? moro
ot,..~, ~.,1-,,.,,.,,.,o t-,v,,,.,,~,., ...... ,,,.,,o ,-,, ,,,,. '""l"" ....... , oF .... ~]~ .~ e
...... + ........ I ........... + ................ ,~,J 11 ,-,,~, .... + ~ +1...
number cf spaces v
Words :tr'--'ck thrc::gh are deleted, words underlined are added.
22
2.3.4.12.4~.
Secondary parking from alley access. For any nonresidential development which
abuts an alley, a maximum of ten parking spaces, not to exceed 30 percent of the
required parking for the proposed use, may be accessed solely from the alley. Said
parking spaces shall be clearly marked and arranged in such a manner so that each
parking space meets the minimum size required in section 2.3.4.12.2 of this code.
Additionally, these spaces shall be arranged in a manner which allows for full
compliance with any required landscaped buffer requirement. These spaces shall
be for the exclusive use of employees and service vehicles and shall be clearly
designated as such by appropriate signage.
Sec 2 3 5 ~ee .,...A, ..~...,4 .... ~..-.~a ..~..,.:... [RESERVED]
&
Words struck through are deleted, words underlined are added.
23
Where the prcpe,:e~ off ::,to
2.3.5.6.
2.3.5.6.2.
2.3.5.6.4.
Words struck through are deleted, words underlined are added.
24
Sec. 2.3.14.
[RESERVED]
Words ~* .... "*~ ..... k
............. ~., are deleted, words underlined, are added.
25
0'2 IA A
Sec. 2.3.16.
2.3.16.1.
Off-street parking and stacking: required amounts.
Minimum off-street parking space requirements are set forth below. Where
stacking is required, the amount listed does not include the first vehicle being
serviced (for drive-in windows, stacking starts ten feet behind the middle of the
pickup window) and is computed at 20 feet per vehicle (turns are computed at 22
feet per vehicle, measured at the outside of the driveway). Stacking for one lane
may be reduced if the reduction is added to the other lane(s).
Bank or financial institution
1 per 250 square feet on the first floor and 1
per 300 square feet on any other floors.
Stacking for 6 4 vehicles for each drive-up
window not to exceed a total requirement of
g-5 15 vehicles;-- exclusive of automated
deposit lanes which require no stacking.
Bicycle Parking for ?/r.n ............ commerctal Developments.
Provisions for the safe and secure parking of bicycles shall be furnished at
a ratio of five percent of requirements for motor vehicles as set forth in
section 2.2.16. but not to exceed a maximum of 15 total bicycle parking
spaces. A minimum of two bicycle parking spaces shall be provided.
A bicycle parking facility suited to a single bicycle ("parking space") shall
be of a stand-alone inverted-U design measuring a minimum of 36 inches
high and 18 inches wide [of 1½ inch Schedule 40 pipe, ASTM F 1083]
bent in one piece ("bike rack") mounted securely to the ground [by a 3/8
inch thick steel base plate, ASTM A 36] so as to secure the bicycle frame
and both wheels.
o
Each parking space shall have a minimum of three feet of clearance on all
sides of the bike rack.
Bicycle spaces shall be surfaced with the same or similar materials
approved for the motor vehicle parking lot, lighted and located no greater
than 100 feet from the main building entrance.
Extraordinary bicycle parking designs which depart from the bike rack standard
but are consisten.t with the development's design theme shall be considered by
the county architect. Bike racks which function without securing the bicycle
frame, require the use of a bicycle kick stand, or which may be freely reoriented
are not allowable.
Words ...... "'~ ..... ~ are deleted, words underlined are added.
26
SUBSECTION 3.D. AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION
Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 2.4.
Sec. 2.4.4.
LANDSCAPING AND BUFFERING
Plant material standards and installation standards.
2.4.4.11.
2.4.4.11.1.
2.4.4.11.2.
2.4.4.11.3.
2.4.4.11.4.
2.4.4.11.5.
2.4.4.11.6.
2.4.4.11.7.
2.4.4.11.8.
2.4.4.12
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4.12.6.
2.4.4.12.7.
2.4.4.12.8.
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
Prohibited species. The following plant species shall not be planted:
Enterolobium cyclocarpum (ear tree).
Melia azedarach (Chinaberry tree).
Bischofia javanica (bishopwood).
Scaevola frutescens (Australian inkberry).
Dalbergia sissoo (Indian rosewood).
Sapium sebiferum (Chinese tallow tree).
Ardisia elliptica (shoe button ardisia).
Ficus microcarpac (laurel fig).
This list shall be subject to revision as exotic plant species are determined to be
noxious, invasive, cause environmental degradation to native habitats, or to be
detrimental to human health, safety, or the public welfare.
Prohibited Exotic Species. In addition to the prohibitions outlined in section
2.4.4.11, the following species or seeds thereof shall not be grown, offered for
sale, or transported inter-county or intra-county.
Melaleuca spp. (punk tree).
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinaceae (Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf).
Lygodium spp. (climbing fern).
Syzygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auriculiformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
Words :'.r-'-'zk '.~rc.::g~ are deleted, words underlined are added.
27
Sec. 2.4.7. Minimum landscape buffering and screening between uses.
2.4.7.4.
Types of buffers. Within a required buffer strip, the following alternative shall be
used based on the matrix in table 2.4.
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Properties DistriCt
Subject Property's ! 2' 3 4 5 6 7 8 9 10 I 1 12 13 14
District/Use
1. Agriculture (AI) B B B B B A A A A D A - A
2. Residential (E, RSF) A A . B B B B B C B * D B - C
single-family
3. Residential (RMF-6, A B A N A B B B B * D B - C
RMF- 12, RMF- 16)
multifamily
4. Residential tourist (RT) A B A A B ' B A B B * D B - B
5. Village residential (VR) A A B B A B B B B * D B - B
6. Mobile home (MH) A B B B B A B B B * D B B B
7. Commercial3'4 (C-I, C- A B B B B B A A A * D B B B
Business Park (BP)
8. Industrial2 (i) A C' B B B B A A2 A * D B B B
9. Public use (P), A B B" B B B A A A * D B C
community facility (CF),
Golf Course Clubhouse,
Amenity Center
development (PUD)
I I. Vehicular rights-of- D D D D D D ' D D D" D B' - D
way
12. Golf course B B B B B B B B B B B A B C
maintenance building
13. Golf course ..... B - C
14. Automobile service A C C B B B B B C * D C C D
station
The letter listed under "Adjacent Properties District" shall be the landscape buffer
and screening alternative required. The "-" symbol shall represent that no buffer is
required. The PUD district buffer, due to a variety of differing land uses, is
indicated by the "*" symbol, and shall be based on the landscape buffer and
screening of the district or use with the most similar types, densities and
intensities of use. Where a conflict exists between the buffering requirements and
the yard requirements of this code, the yard requirements of the subject zoning
district shall apply.
Words str'..'ck t~rcug~ are deleted, words underlined are added.
28
I
Buffering in agriculture (A) districts shall be applicable at the time of site
development plan (SDP) submittal.
21ndustrial (I) zoned property, where abutting industrial (I) zoned property, shall
be required to install a minimum five-foot-wide type A landscape buffer adjacent
to the side and rear property lines. This area shall not be used for water
management. In addition, trees may be reduced to 50 feet on center along rear and
side perimeter buffers only. This reduction in buffer width shall not apply to
buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
3Buffer areas between commercial outparcels located within a shopping center
may .have b~ a shared buffer 10' wide. This does not apply to right-of-way buffers.
4 Buffer areas between interior lot lines of commercial parcels may be displaced to
other locations as schematically shown in figure 3, displaced commercial interior
lot line landscaping. Approval shall be obtained from the planning services
director subiect to the following conditions:
The project is part of a unified plan of development as iljustrated by a
master site development plan which includes all of the individual building
parcels which comprise the unified plan of development; and
(ii)
An agreement between all owners of the separate parcels is recorded in the
public records of the county to the effect that there is a system of cross-
access easements and that the entire parking lot functions as a common
parking lot; and
(iii)
All of the buildings share a common architectural and landscape theme;
and
(iv)
The land area normally associated with landscaping that will be displaced as a
result of the elimination of some interior lot line landscaping will be
proportionately added to other required interior vehicular use area landscaping,
building perimeter plantings or perimeter buffering.
...... ~, ,,.u. :c .... g.u'
Words ....... are deleted, words underlined are added.
29
FIGURE 3:
DISPLACED COMMERCIAL
INTERIOR LOT LINE
LANDSCAPING
INTERIOR LOT LINE
LANDSCAPE BUFFER MAY BE DISPLACED
TO THE FOLLOWING LOCATIONS: INTERIOR
VEHICULAR USE AREA. BUILDING PERIMETER
PLANTING AREA OR PERIMETER
LANDSCAPE BUFFERS WHEN LOCATED IN
A UNIFIED PLAN OF DEVELOPMENT.
SHARED 10' WIDE LANDSCAPE BUFFER
BETWEEN OUTPARCEL AND SHOPPING
CENTER.
ILO.W.
SHARED 10' WIDE
LANDSCAPE BUFFER
BETWEEN OUTPARCELS.
c--~///z/////-j. ~~ ~._
= L.////77////L.T A.TT///£////L_3 "~.~._~_j
PARCEL C
'111111111 N IIIIIIII~IlllllllIIrlIIlIlIIINIIIIIIIIIIIIlll r'~ i
JOINT ACCESS PARKING BETWEEN A PARCEL AND A PARENT TRACT. NOTE THE
REQUIRED SQUARE FOOT AREA OF SHARED INTERIOR LOT LINE LANDSCAPE BUFFER
HAS BEEN DISPLACED AS ADDITIONAL LANDSCAPING IN THE FOLLOWING LOCATIONS:
INTERIOR VEItlCULAR USE AREA, BUILDING PERIMETER PLANTING AREA AND PERIMETER
LANDSCAPE BUFFERS,
SUBSECTION 3.E. AMENDMENTS TO SIGNS DIVISION
Division 2.5, Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5.
2.5.5.1.
2.5.5.1.1.
Permitted signs.
Signs within residential zoned districts and as applicable to residential designated
portions of PUD zoned properties.
Development standards.
1. Maximum allowable height. All signs within residential zoned districts
and as applicable to residential designated portions of PUD zoned
Words~+ .... i.+. ..... h
............. ~,.. are deleted, words underlined are added.
30
properties are limited to a maximum height of eight feet, or as provided
within this code. Height shall be measured from the lowest centerline
grade of the nearest public or private R.O.W. or easement to the
uppermost portion of the sign structure.
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties shall
not be located closer than 15 10 feet from the property line, unless
otherwise noted below or as provided for in section 2.1.13.
2.5.5.1.2.
Real estate signs. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
One ground sign with a maximum height of 6 feet or wall "For Sale," For
Rent," or similar sign, with a maximum of four square feet in size, per
street frontage for each parcel, or lot less than one acre in size. Said sign
shall be located no closer than ten feet from any adjacent residentially used
property and may be placed up to the property line abutting a right-of-way,
provided it' is a minimum often feet from the edge of pavement. (No
building permit required.)
One ground ,sign with a maximum height of 8 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum of 12 square feet in size, per street
frontage for each parcel, or lot one to ten acres in size. (No building permit
required.)
One pole sign with a maximum height of 15 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum of 64 square feet in size, per street
frontage for each parcel or lot in excess ten acres in size.
Real estate signs shall not be located closer than 4-5 IO feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign -1-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by
the board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed; 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 3,0 14 days after it is erected.
2.5.5.1.3.
Model home signs. One on-premises sign for model homes, approved in
conjunction with a temporary use permit in any zoning district not to exceed 32
square feet. Model home sign copy shall be limited to the model name, builder's
name, name and address, phone number, price, logo, and model home. Model
home signs shall not be illuminated in any manner (No building permit
required.)
2.5.5.1.4.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction,
subject to the following:
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign
by the general contractor of the development or as a permit board, within
Words ~' .... ~- '~- ..... ~.
............. e,., are deleted, words underlined are added.
31
each front yard for each parcel less than one acre in size. (No building
permit required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel one to ten acres in size. (No building permit
required.)
One pole sign with a maximum height of 15 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel in excess often acre in size.
One ground or wall sign, with a maximum of four square feet in size, may
be used as a construction sign by each contractor, lending institution, or
other similar company involved with the development, regardless of parcel
size, (No building permit required.)
2.5.5.1.5.
Residential directional or identification signs. Directional or identification signs
no greater than four square feet in size, and located internal to the subdivision or
development may be allowed subject to the approval of the planning services
director, 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, club house,
recreational areas, etc. These signs may be cjustered together to constitute a sign
with a maximum area of 24 square feet and a maximum height of eight feet. Such
cjustered signs shall require a building permit. For signage to be located alone
alo.ng the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
2.5.5.1.6.
On-premises signs within residential districts. Two ground signs with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle
park subject to the following requirements:
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales
material. Said signs shall maintain a 10 4-5-foot setback from any property
line unless placed on a fence or wall subject to the restriction set forth in
section 2.6.11.
°
The ground or wall signs shall not exceed a combined area of 64 square
feet, and shall not exceed the height or length of the wall or gate upon
which it is located.
2.5.5.1.7. Conditional uses within the residential and agricultural districts.
Conditional uses within the residential district are permitted one wall sign
with a maximum of 32 square feet. Corner lots are permitted two such
wall signs.
°
Conditional uses within the agricultural district in the urban area,
residential and estates districts with a street frontage of 150 feet or more
and a land area of 43,560 square feet or larger are permitted a ground sign
with a maximum height of 8 feet w!t~ and. a maximum area of 32 square
feet.
Bulletin boards and identification signs for public, charitable, educational
or religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size. (No building permit required.)
Words struck t~rzug~ are deleted, words underlined are added.
32
2.5.5.2.
2.5.5.2.1.
The Board of County Commissioners may approve additional signage as
may be deemed appropriate during the conditional use approval process.
Signs within non-residential districts:
Design criteria and u~nified sign plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or multi-
use building, a unified sign plan shall be employed. An application for site
development or site improvement plan approval shall be accompanied by a
graphic and narrative representation of the unified sign plan to be utilized on the
site. The unified sign plan must be applied for by the property owner, or his or her
authorized agent. The unified sign plan may be amended and resubmitted for
approval to reflect style changes or changing tenant needs. Design elements which
shall be addressed in both graphic and narrative form include:
(a) Colors;
(b) Construction materials and method;
(c) Architectural design;
(d) Illumination method;
(e) Copy style;
(f) Sign type(s) and location(s); and, conformance with the following:
No wall sign shall exceed 80 percent of the width of the unit(s) or the
building occupied by a business with a minimum of ten percent clear area
on each outer edge of the unit(s)or the building;
All wall signs for multi-use buildings shall be located at a consistent
location on the building facade, except that anchor tenants may vary from
this locational requirement in scale with the anchor's tenant's larger
primary facade dimensions. All signs shall adhere to the dimensions
provided for in the unified sign plan; and
Pole signs shall provide a pole cover no less than 50 percent of the width
of the sign, with architectural design features including colors and/or
materials common to those used in the design of the building the sign is
accessory to. A minimum 100 square foot planting area shall be provided
around the base of any ground or pole sign, consistent with the provisions
of division 2.5. of this Code ~'~'~ '~"~*'~':~'" 16 ~'~ .... ~
Words :truck through are deleted, words underlined are added.
33
2.5.5.2.1.1.
2.5.5.2.2.
Iljustration 16
(Iljustration 16 is deleted)
The sign shall not be in the shape of a logo and the logo shall not protrude
from the sign.
The use of fluorescent colors is prohibited.
Outparcels.. In addition to the above requirements, mai-fled-signv.,-,,.~,"'~""" for
outparcels, regardless of the size of the outparcel, shall be limited to the
following:
(a)
....... e, ........ : ........ j ......... t' ....... e, ..... ;;':)' -.,'-. g ~';'~,
~ In addition to any wall signs permitted by this code, outparcels may
be allowed one additional sixty square foot wall sign facing the shopping
center if thc additional sign is not oriented towards any public right-of-
way. In no case shall the number of wall signs for an outparcel exceed 2
signs; and,
(b)
A single ground or-pole sign for outparcels having a frontage of 150 feet
or more, not to exceed 60 square feet. Pz!e Ground signs shall be limited
to -1-5 8feet in height.
Development standards.
Maximum allowable height. All pole or ground signs within non-
residential zoned districts and as applicable to non-residential designated
portions of PUD zoned properties are limited to a maximum height of 15
feet when located along an arterial or collector roadway and 12 feet for all
other roads~ except as provided in this code for pole or ground signs for
automobile service stations and outparcels which are limited to a
maximum height of 8 feet; the maximum height for directory signs is
Words struck thrzugh are deleted, words underlined are added.
34
limited to 20 feet
r .................................He shall be measured from the lowest
centerline grade of the nearest public or private R.O.W. or easement to the
uppermost portion of the sign structure.
Minimum setback. All pole or ground signs within non-residential zoned
districts and as applicable to non-residential designated portions of PUD
zoned properties shall not be located closer than 1 $ lO feet from the
property line. Directory signs shall not be closer than ! 5 feet from the
property line, unless otherwise noted below or as provided for in section
2.1.13.
2.5.5.2.3.
Maximum allowable sign area: 80 square feet for pole or ground signs
located along an arterial or collector roadway and 60 square feet for all
other roads, 60 square feet for outparcels and automobile service stations
and 150 square feet for directory_ signs.
The location of all permanent pole, ground and directory signs shall be
shown on the landscape plans as required by section 2.4.4.17.
The maximum size limitation shall apply to each structure. Pole or ground
signs may be placed back to back or in V-type construction with not more
than one display on each facing for a maximum of two display areas for
each V-type sign, and such sign structure shall be considered as one sign.
Spot or floodlights shall be permitted only where such spot or floodlight is
non-revolving and said light shines only on the owner's premises or signs
and away from any right-of-way.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
o
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign with a maximum area of twelve square feet in
size per street frontage for each parcel, or lot less than one acre in size.
(No building permit required.)
o
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum 32 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
One pole ground sign with a maximum height of 15 feet or wall "For
Sale," "For Rent," or similar sign, with a maximum of 64 square feet in
size, per street frontage for each parcel or lot in excess often acres in size.
Real estate signs shall not be located closer than -1-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign -1-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by
the board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed; or, the property is no longer for sale,
rent or lease.
A sign advertising that a property has been sold or leased shall not be
displayed for more than 20 14 days after it is erected.
Words :truck thrzugh are deleted, words underlined are added.
35
2.5.5.2.4.
2.5.5.2.5.
2.5.5.2.5.1.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction and no
closer than -1-5 10 feet from any property line, and subject to the following:
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 12 square feet, may be used as a construction sign by the
general contractor of the development or as a permit board, within each
front yard for each parcel less than one acre in size. (No building permit
required.)
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 32 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel one to ten acres in size. (No building permit
required.)
One pole sign with a maximum height of 15 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel in excess of 10 acres in size.
One ground or wall sign, with a maximum of 4 square feet in size, may be
used as a construction sign by each contractor, lending institution, or other
similar company involved with the development, regardless of parcel size.
(No building permit required).
All construction signs must be removed prior to the issuance of a
certificate of occupancy.
On-premise signs. On-premise pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidentially zoned districts
subject to the restrictions below:
Pole or ground signs. Single-occupancy parcels, shopping centers, office
complexes, business parks, or industrial parks having frontage of 150 feet or more
on a public street, or combined public street frontage of 220 linear feet or more for
corner lots, shall be permitted one pole or two ground signs. Additional pole or
ground signs may be permitted provided that there is a minimum of a 1,000-foot
separation between such signs, and all setback requirements are met. In no case
shall the number of pole or ground signs exceed two per street frontage. In
addition, multiple-occupancy parcels such as shopping centers, office complexes,
business parks, or industrial parks containing25,000 square feet or more of gross
leasable floor area, and eight of more independent businesses will be permitted
ig '";'~ gl
one directory s n ...... a mnv: '~
...... mum s:,.,e ~c-,~a ....... c~,~, for a sin e entrance
on each public street. When a directory sign is proposed then any pole or ground
signs shall be limited to the name and logo of the complex and shall not contain
name of any tenant. The directory sign shall contain a minimum of 4 and a
maximum of 8 tenant names. The name of businesses located on outparcels shall
not appear on directory signs.
1
") 1 I ~ ..,4 ..,;+1,. ,i-. ...... .,.;.... ~.ej;...:,~.~. ..... ; ...... I.,;.,k ..... I...
ual
Words :tr'--'ck *.brzag, b are deleted, words underlined are added.
36
42.5.5.2.5.1.1.
The minimum ! 5 foot setback requirement may be administratively
reduced by a maximum often feet by the planning services director upon
submission of the administrative variance fee and a written request.
However in no case shall the required setback be reduced to less than 5
feet. The planning services director's decision to reduce the required 15 ~
fzat setback shall be based on the following:
a)
Where it can be demonstrated that within the adjacent right-of-way
the area between the property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
widened to the extent that reduction in the required setback will
result in the sign being any closer than 30 feet to the edge of
pavement;
b)
Where due to the existing site conditions and improvements, it can
be demonstrated that adherence to the required minimum required
4-5-fee4 setback will have a deleterious effect on the safety of users
of the site from the perspective of vehicular parking and vehicular
and pedestrian ingress and egress;
c)
Where due to the nature and location of existing landscape features
and/or specimen trees, it would be prudent to allow for a reduction
in the required setback so as to most appropriately locate the sign
structure; or,
d)
The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
o
2.5.5.2.5.2.
Wall mansard, canopy or awning signs. One wall, mansard, canopy or awning
sign shall be permitted for each single-occupancy parcel, or for each
establishment in a multiple-occupancy parcel. End units within shopping centers,
or single occupancy parcels where there is double frontage on a public right-of-
way, shall be allowed two signs, but such signs shall not be placed on one wall. In
~,~-,-":'"" ..,v ....... .,. ~-,~-,~,* ..... , ~,.~.4 2 :~gng. Retail businesses with a floor area of larger
than,~ ~,~c Ann 25,000 square feet and a front wall length of more than 200 linear
feet, are allowed three wall signs; however, the combined area of those signs shall
not exceed the maximum allowable display mea for signs by this code.
The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
Words s'.r'.:ck ',hrm~gh are deleted, words underlined are added.
37
2.5.5.2.5.3.
2.5.5.2.5.4.
2.5.5.2.5.5.
which the sign will be attached and shall not, in any case, exceed 150
square feet for buildings or units up to 24,999 square feet, 200 squ~re feet
for buildings or units between 25,000 and 59,999 square feet and 250
square feet for buildings over 60,000 -,~a square feet in area c .......
Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square
feet of display area.
Projecting signs shall not project more than four feet from the building
wall to which it is attached.
Projecting signs shall not extend above the roofline of the building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs which project over any pedestrian way shall be elevated
to a minimum height of eight feet above such pedestrian way.
Under-canopy signs. In addition to any other sign allowed by this code, one
under-canopy sign shall be allowed for each establishment in a shopping center.
This sign shall not exceed six square feet in area and shall be a minimum of
eight feet above finished grade. Under canopy signs do not require a building
permit unless the sign is equipped with an electrical component.
Signage for automobile service stations.
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Window signs: ...... ~., ,.k .... ,.~ k..a.~:..,. ,..~.~ .... ~. ...... v .....,:,...
.......... ,,~...k ....... k ..... ,~ ......,,k~ .... .~, o~rao as allowed in
section 2.5.6.13 of this code.
An illuminated corporate logo with a maximum area of 12 square feet
shall be allowed on a canopy face which is adjacent to a dedicated street or
highway. Otherwise, accent lighting~ and back lighting and accent striping
are is prohibited on canopy structures.
D..~ ~: ......... k:~.:,~.~ k ......... o One (1) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign face is
less than eight feet above grade. Maximum permitted area 70 60 square
feet.
e
~ Signage, logos, advertising and information are prohibited
above gas pumps.
5. Wall signs: As allowed in section 2.5.5.2.5.2. of this code.
Signs: As allowed in section 2.5.6.2. of this code.
2.5.5.2.5.8.1.
Political signs. Political campaign signs and posters shall be permitted subject to
the following requirements:
Prior to the erection, installing, placing, or displaying of a political sign a
bulk temporary permit shall be obtained. The permit number shall appear
on every sign or on the pole supporting the sign. The fee for said bulk
Words :'.rack through are deleted, words underlined, are added.
38
permit shall be as adopted by resolution by the board of county
commissioners. A cash bond in the amount of $500.00 shall be posted
with the Collier County Community Development and Environmental
Services Division to insure adequate clean up and removal of all political
signs installed under the said permit. This bond is not intended to replace
the applicant's responsibility to remove all political signs installed under
the said permit. The Collier County Community Development and
Environmental Services Division shall return such bond to the permitee if
all signs for the candidate or the issue for which the permit was issued are
removed within seven days after the election. In the case of non-
compliance with the requirements of this code, the bond will be forfeited.
Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission from the property
owner.
Political campaign signs or posters will be permitted in all other zoning
districts within a maximum copy area of 40 32 square feet per sign, and
shall be located no closer than 4-5 10 feet to any property line. The number
of such signs shall be limited to one ~w,~ signs for each lot or parcel per
bulk permit issued for each candidate or issue.
All supports shall be securely built, constructed and erected to conform
with the requirements of this code.
The maximum height of any political campaign sign or poster, except
those that may be affixed to a wall, shall be limited to eight feet.
Political signs shall be erected not more than 60 45 calendar days prior to
an election or political event, and shall be removed within seven calendar
days after the election, event, or after the campaign issue has been decided.
2.5.5.2.5.8.3.
2.5.5.2.9.
2.5.5.2.5.9.1.
2.5.5.2.5.10.
Special events signs. A special events sign not exceeding 32 square feet in size
may be displayed to announce or advertise such temporary uses as fairs, carnivals,
circuses, revivals, sporting events, or any public, charitable, educational event.
Such sign shall be located no closer than 4--5 10 feet to any property line. Such
signs shall require a building permit.
Special purpose signs (on-site). Due to the unique and varied nature of the
following uses, additional signs may be required to provide the desired level of
service to the public. Special purpose signs shall be permitted as follows:
Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or
other non-residentially zoned property. Such signs may be affixed to the structure
of a pole or ground sign. Such sign shall require a building permit.
Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size~ four feet
in height, and located internal to the subdivision or development and with a
minimum setback of 1._0.0 -1~ feet, may be allowed subject to the approval of the
community development and environmental 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;. Ddirectionai or identification signs
maintaining a common architectUral theme maybe combined into a single sign not
to exceed six feet in height and 64 square feet in area. Such signs shall require a
Words :trr:ck t~r~r:g~ are deleted, words underlined are added.
39
building permit. For signage to be located along the Golden Gate Parkway, see
division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan.
~' - ~ Logos
shall not occupy more than 20 percent of the directional sign area when the said
sign is more than six square feet in area. Directional signs are also subject to the
restrictions of section 2.5.6.2. of this code.
2.5.5.2.5.11. On-premise signs within agricultural districts in the rural agricultural area
designated on the fitture land use map of the growth management plan. On-
premises 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:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm organization, located at the entrance
or gate of each street frontage, and only for permitted agricultural uses. The
maximum allowable sign area for each pole or ground sign shall not exceed 100
square feet with a maximum height of 20 feet, and shall be located a minimum of
15 feet from any property lines, public or private right-of-way or easement.
2.5.5.2.5.11.1.1. On premise signs within agricultural zoned districts in the urban area shall
comply with the requirements of section 2.5.5.2. of the land development
code.
2.5.5.2.5.11.2.
Seasonal farm signs (on-site). One temporary ~ ground sign, with a
maximum height of 10 feet, and located a minimum of 10 feet from any property
line, public or private right-of-way or easement, identifying the farm, farm
organization, entrance, or gate not exceeding 40 32 square feet in area. This sign
shall be used to identify temporary agricultural offices so as to expedite the
exportation of crops to various parts of the county. Such signs shall be permitted
for a period not to exceed 30 days and may be issued only twice in any calendar
year. Such signs shall require a building permit.
2.5.5.2.5.11.3. U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The
maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet
in area and a maximum height of 10 feet, and shall be located a minimum of-l--5
10 feet from any property line, public or private right-of-way or easement.
2.5.5.2.5.11.4.
Wall, mansard canopy or awning signs within agricultural districts. Wall,
mansard, canopy or awning signs shall be permitted within agriculturally zoned or
used property, for agri-commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
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 sign per street frontage, but such signs shall
not be combined for the purpose of placing the combined area on one wall.
The maximum allowable display area for any sign shall not be more than
20 percent of the total square footage of the wall to which it is affixed, and
shall not in any case exceed 250 square feet in area per sign.
2.5.5.2.5.12.
Off-premises directional signs. Off-premises directional signs are permitted
subject to review and approval of the design and location of such signs by the
community development and environmental services administrator, or his
designee, if the following requirements are met:
Off-premises directional signs shall only be permitted in nonresidentially
zoned, or agricultural districts.
No more than two one-sided or one double-sided off-premise directional
signs shall be permitted, identifying the location and nature of a building,
Words :tr'.:cl: '" ..... ~ are deleted, words underlined are added.
40
structure, or use which is not visible from the arterial roadway serving
such building, structure, or uses, provided:
~ a_ Each sign is not more than 12 square feet in area.
~. b..,. The sign is not more than eight feet in height above the lowest
center grade of the arterial roadway.
~ c..: The sign is located no closer than 4-5 l0 feet to any property line.
The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign
is located.
The sign shall only be located within 1,000 feet of the intersection
of the arterial roadway serving the building, structure, or use.
Off-premises directional signs shall not be located closer than 50 feet from
a residentially zoned district.
Off-premises directional signs shall not be located closer than 100 feet
from another off-premises directional sign.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are exempt from
the permit requirements of this code, and shall be permitted in all districts subject to the
limitations set forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
2.5.6.2.
On-premises directional signs, not exceeding six square feet in area and four feet
in height, intended to facilitate the movement of pedestrians and vehicles within
the site upon which such signs are posted. On-premises directional signs shall be
limited to two at each vehicle access point and a maximum of four internal to the
development. Internal signs are not intended to be readily visible from the road.
Directional signs are also subject to the restrictions of section 2.5.5.2.5.10. of this
code.
2.5.6.3.
One identification sign, professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in
sign area and placed flush against a building face or mailbox side, and denoting
only the name of the occupant and, at the occupant's election, the occupant's
profession or specialty and/or the street address of the premise.
2.5.6.4.
Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
2.5.6.5.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs,
provided each sign does not exceed three square feet in size.
2.5.6.6.
One ground or wall "For Sale," "For Rent," or similar sign per street frontage for
each parcel, or lot less than ten acres in size.
2.5.6.7.
One on-premises sign for model homes, approved in conjunction with a
temporary use permit in any zoning district.
Words :track thrz~:gh are deleted, words underlined are added.
41
2.5.6.8.
2.5.6.9.
2.5.6.10.
2.5.6.11.
2.5.6.12.
2.5.6.13.
2.5.6.14.
2.5.6.15.
2.5.6.16.
2.5.6.17.
2.5.6.18.
2.5.6.19.
2.5.6.20.
2.5.6.21.
Se¢.2.5.7.
One on-premises open house sign not to exceed four square feet in size. Such sign
shall not be located within t--5 10 feet of any property line, right-of-way or access
easement.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size.
Signs located on fences or walls surrounding athletic fields, or within sports
arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. Signs
shall be oriented along the fence or wall to face the field(s) or playing area, and
away from any adjacent public or private roads.
Traffic control and safety signs or other municipal, county, state or federal signs,
legal notices, railroad crossing signs, danger signs and such temporary emergency
signs when erected by an appropriate authority.
Window merchandise displays which are changed on a regular basis, meaning no
less frequently than every 30 days.
Non-electrical, non-illuminated and non-reflective Wwindow signs not exceeding
25 percent of each window area.
Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
Flags, or insignias of governmental, religious, charitable, fraternal or other
nonprofit organizations when displayed on property owned by or leased to said
organization. Non-commercial flags that will be flown on a flagpole that does not
exceed 15 feet in height above finished grade or extend more than ten feet from
any building they are attached to, are allowable if the number of flags displayed
does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not
require a certified design or be sealed by a Florida registered engineer as
described in section 2.5.5.2.3.8.
Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this code.
Religious displays that do not constitute advertising.
Painting; repainting or cleaning without modifying the existing sign copy or
design of an advertising structure, or changes which are determined b.y the
planning services director to be less than a substantial improvement.
Copy changes for shopping centers, theaters, billboards or marquees that have
routine changes of copy, or are specifically designed for changes of copy.
One ground or wall sign may be used as a construction sign by the general
contractor of the development, within each front yard for each parcel less than ten
acres in size
Temporary signs in conjunction with an approved temporary use permit.
Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be
maintained, any sign not expressly authorized by, or exempted from this code.
The following signs are expressly prohibited:
Words struck t?.rm:g~ are deleted, words underlined are added.
42
2.5.7.1.
2.5.7.2.
2.5.7.3.
2.5.7.4.
2.5.7.5.
2.5.7.6.
2.5.7.7.
2.5.7.8.
2.5.7.9.
2.5.7.10.
Signs which are in violation of the building code or electrical code adopted by
Collier County.
Abandoned signs.
Animated or activated signs, except time and temperature signs.
Flashing signs or electronic reader boards.
Rotating signs or displays.
Illuminated signs in any residentially zoned or used district, except residential
identification signs, residential nameplates, and street signs that are illuminated by
soft or muted light. Nonresidential uses within residentially used or zoned districts
by conditional use, PUD ordinance, or as otherwise provided for within the
· ~--,-..~,~'"~': .... .,......,..~.~.,a: ..... land development code, shall be allowed the use of illuminated
signs, subject to the approval of the community services administrator or his
designee.
Signs located upon, within, or otherwise encroaching upon county or public
rights-of-way, except as may be permitted under the provisions of Ordinance
[No.] 82-91, as amended, and those erected by a governmental agency or required
to be erected by a governmental agency.
Billboards.
Strip lighted signs.
Neon type signs~ except non-exposed neon signs covered with an opaque or
translucent shield which will prevent radiation of direct light, within all
commercial and industrial districts.
2.5.7.11.
2.5.7.12.
2.5.7.13.
2.5.7.14.
2.5.7.15.
2.5.7.16.
2.5.7.17.
Roof signs.
Portable signs.
Signs which resemble any official sign or marker erected by any governmental
agency, or which by reason of position, shade or color, would conflict with the
proper function of any traffic sign or signal, or be of a size, location, movement,
content, color, or illumination which may be reasonably confused with or
construed as, or conceal, a traffic control device.
Signs, commonly referred to as snipe signs, made of any material whatsoever and
attached in any way to a utility pole, tree, fence post, stake, stick or any other
object located or situated on public or private property, except as otherwise
expressly allowed by, or exempted from this code.
Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this
code).
Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or
maintained without the permit required by section 2.5.12 having been issued by
the community development services administrator or his designee shall be
removed as provided in section 2.5.7. Such signs shall include but are not limited
to structural signs, freestanding signs, [and] signs attached or affixed to structures
or other objects.
Any description or representation, in whatever form, of nudity, sexual conduct, or
sexual excitement, when it:
Words :truck t~rzug~ are deleted, words underlined are added.
43
2.5.7.17.1.
Is patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors; and
2.5.7. ! 7.2. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
2.5.7.18.
Any :!gn which Beacon lights.
2.5.7.19.
Any sign which E emits audible sound, vapor, smoke, or gaseous matter.
2.5.7.20.
Any sign which O obstructs, conceals, hides, or otherwise obscures from view any
official traffic or government sign, signal, or device.
2.5.7.21.
Any sign which g; employs motion, has visible moving parts, or gives the illusion
of motion (excluding time and temperature signs).
2.5.7.22.
Any sign which t is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or egress for fire
escape purposes including any opening required for proper light and ventilation.
2.5.7.23.
Any sign which G constitutes a traffic hazard, or detriment to traffic safety by
reason of its size, location, movement, content, coloring, or method of
illumination, or by obstructing or distracting the vision of drivers or pedestrians.
2.5.7.24.
Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said
sign is intended to attract or may distract the attention of motorists for the purpose
of advertising a business, product, service, or the like, whether or not said vehicle
is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery
vehicles, where a roof mounted sign does not exceed two square feet. This section
shall not apply to magnetic type signs affixed to or signs painted on a vehicle,
provided said vehicle is used in the course of operation of a business, and which
are not otherwise prohibited by this code. It shall be considered unlawful to park a
vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other
than that at which ,the fi.rm, product, or service advertised on such signs is offered.
2.5.7.25.
Any sign which lguses flashing or revolving lights, or contains the words "Stop,"
"Look," "Danger," or any other words, phrase, symbol, or character in such a
manner as to interfere with, mislead, or confuse vehicular traffic.
2.5.7.26.
Any sign which advertises or publicizes an activity not conducted on the premises
upon which the sign is maintained, except as otherwise provided for within this
code.
2.5.7.27.
No sign shall be placed or permitted as a principal use on any property, in any
zoning district except as follows: U-Pic signs, political signs or signs approved by
temporary permit pursuant to the time limitations set forth herein.
2.5.7.28.
Inflatable signs.
2.5.7.29.
Accent lighting as defined in this code.
2.5.7.30.
Illuminated signs, neon or otherwise, installed inside businesses and intended to
be seen from the outside
Sec. 2.5.8. Termination of prohibited signs.
All signs expressly prohibited by section 2.5.7. and their supporting structures, shall be removed
within 30 days of notification that the sign is prohibited by the Collier County Code Enforcement
Director, or his designee, or, within 30 days of the end of the amortization period contained in
section 2.5.9. or, in the alternative, shall be altered so that they no longer violate section 2.5.7.
Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall
be treated as nonconforming signs and removed pursuant to section 2.5.9.3.
Words :truck threugh are deleted, words underlined are added.
44
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its provisions shall be
regarded as nonconforming signs.
2.5.9.1. The following signs, and sign structures shall be removed or made to conform to
this code within 90 days from the effective date thereof.
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. All temporary signs.
2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18.
2.5.9.1.4. All non-conforming on-premises signs, a. nd sign struct.ures having a.n original cost
or value of $100.00 or more, and originally buil.t prior to January i s, 1991, which
do not comform to the requirements of the 1991 code and all illuminated and/or
2.5.9.2.
2.5.9.2.1.
2.5.9.2.2.
animated signs, neon or otherwise, installed inside commercial establishments
and intended to be seen from the outside may be maintained until February I st,
2.0.03, at which date all such s. ign. s must be made to comply with the requirements
of this code or removed, except as provided below:
Nonconforming off-premises signs. All nonconforming off-premises signs, and
sign structures having an original cost or value of $100.00 or more may be
maintained for the longer of the following periods:
Two years from the date upon which the sign became nonconforming under this
ordinance.
A period of three to seven years from the effective date of this ordinance,
according to the amortization table below.
Sign Cost/Value
$100.00 to $1.000.00 3
$1,001.00 to $3,000.00 4
$3,001.00 to $10,000.00 5
More than $10,000.00 7
Permitted Years from
Effective Date of
this Amendment
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization period longer
than two years shall, within one year from the date of enactment of these
regulations, register the sign with the code enforcement director, or his designee.
The following information shall be provided at the time of registration; the cost or
value, whichever is greater, of the sign; the date of erection; or the cost or value
and date of the most recent renovation; a photograph of the sign or signs and their
supporting structure, not less than five inches by seven inches in size; and a
written agreement to remove the sign at or before the expiration of the
amortization period applicable to the sign. The off-premise sign owner's signature
shall be witnessed before a notary public on all requests for extended
amortizations. A registration fee of $50.00 shall be paid at the time of registration.
Words :track t~ret:gh are deleted, words underlined are added.
45
Sec. 2.5.10. Continuation of nonconforming signs.
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming sign may be
continued and may shall be maintained in good condition for the duration of amortization period
as required by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the nonconformity,
except in cases where it has been determined that there exists imminent danger to
the public safety.
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or
more of its replacement value, except in conformity with this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall riot be
replaced by another nonconforming sign. All non-conforming signs shall be
brought into full compliance as part of any future chang.e requiring a building
permit. A permit for routine maintenance or non-structural repairs shall be
exempt from the r~quirements of this sub-section provided the cost of such repa. i.rs
does not exceed 50 percent of the replacement cost of the sign. e,',c-c~pt4ha~
Substitution or interchange of letters, on nonconforming signs shall be permitted
through the period of nonconformity established by this code.
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased for a
period of 90 consecutive days, or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the
required permit issued by the county, state, or any federal agency either before or
after the enactment of this code, or to any pre-existing signs which have been
illegally installed, constructed, placed or maintained.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter,
or dume~ change the sign copy (see section 2.5.5. for exceptions) of any sign
shall apply for and receive a building permit in accordance with Resolution 91-
642, prior to the commencement of any work. A building permit will be issued by
the community development services administrator, 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.
2.5.12.2.
Permit fees. A building permit fee shall be collected pursuant to the fee schedule
set forth by resolution.
2.5.12.3.
Form. Every application for a building permit shall be in writing upon forms to be
furnished by the community development and environmental services
administrator, or his designee.
2.5.12.4.
Application contents. In order to obtain a permit to erect, place, rebuild,
reconstruct, relocate, alter or ....... change the sign copy of any sign under the
provision of this code, an applicant shall submit to the building official a building
Words ::rack through are deleted, words underlined are added.
46
permit application which shall set forth in writing a complete description of the
proposed sign including:
2.5.12.4.1.
The name, address and telephone number of the: (a) owner and lessee of the sign
and (b) sign contractor or erector of the sign.
2.5.12.4.2.
The legal description and the street address of the property upon which the sign is
to be erected.
2.5.12.4.3. The dimensions of the sign including height.
2.5.12.4.4. The copy to be placed on the face of the sign.
2.5.12.4.5.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his
designee; including two copies of the site plan, elevation drawings of the
proposed sign and identification of the type, height, area and location of all
existing pole signs, ground signs and directory signs on the subject parcel.
2.5.12.4.6.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and
attachment to the building or the ground for all pole signs and all projecting signs;
and any ground sign over 32 square feet.
2.5.12.4.7.
Wall signs, or any separate part thereof, which is to be affixed to a wall shall be
fastened flush with the surface with fasteners which shall have the capacity to
carry the full load of the sign or separate part thereof under wind load conditions
of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],
Flood Ordinance [Code ch. 62. art. III, and the Coastal Building Zone Ordinance
[Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not
mounted flush with the surface and which weighs more than 20 pounds shall have
a Florida registered engineer design the mounting or fastening system and depict
the system on signed and sealed drawings which shall accompany the permit
application.
2.5.12.4.8.
If the sign or sign copy is to be illuminated or electronically operated, the
technical means by which this is to be accomplished.
2.5.12.4.9.
The permit number shall be displayed or affixed at the bottom of the sign face and
shall have the same life expectancy as the sign. Such permit number shall be
clearly legible to a person standing five feet in front of the base of the sign and in
no case shall the permit number be less than one-half inch in size.
2.5.12.5.
Expiration ofpermit. Building permits shall expire and become null and void if
the work authorized by such permit is not commenced and inspected within six
months from the date of issuance of the permit.
2.5.5.2.1.2.
Adherence to the unified sign plan: Requests for building permits for permanent
on-premise signs shall adhere to the unified sign pi.an, which shall be kept on file
in the community development and environmental services division. Requests to
permit a new sign, or to relocate, replace or structurally alter an existing .sign shall
be accompanied by a unified sign plan for the building or project the sign is
accessory to. Existing permitted signs may remain in place; however, all future
requests for perm[ts, whether for a new sign, or relocation, alteration, or
replacement of an existing sign, shall adhere to the unified sign plan for the
property.
Sec. 2.5.13. Enforcement.
Words struck t~rzug~ are deleted, words underlined are added.
47
2.5.13.1.
General. No sign shall hereafter be erected, placed, altered or moved unless in
conformity with this code. All signs located within Collier County shall comply
with the following requirements:
2.5.13.1.1.
The issuance of a sign permit pursuant to the requirements of this code shall not
permit the construction or maintenance of a sign or structure in violation of an
existing county, state or federal law or regulation.
2.5.13.1.2.
All signs for which a permit is required shall be subject to inspections by the
county ~ administrator or his designee. The county amaagev-administrator,
or his designee, is hereby authorized to enter upon any property or premises to
ascertain whether the provisions of this code are being adhered to. Such entrance
shall be made during business hours, unless an emergency exists. The county
mae, ager-administrator, or his designee, may order the removal of any sign that is
not in compliance with the provisions of this code, is improperly maintained, or
which would constitute a hazard to the public health, safety, and welfare.
SUBSECTION 3.F: AMENDMENTS TO SUPPLEMENTAL REGULATIONS
DIVISION
Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.2. Accessory buildings and structures.
2.6.2.4.
Canop}, Tents/Shades. Canopy tents/shades shall be permitted in residential and
estates zoned areas in accordance with the side and rear setbacks for the
applicable zoning district. These structures are expressly prohibited on the street
side of the front wall of any structure or building in a residential zoning district,
including estates zoning. A building permit shall be obtained for these structures
accompanied by a plot plan and is limited to one structure per residential lot with
a principal structure. These structures shall consist of metal poles supports with
canopy tops and no sides. The maximum size of these structures shall be 300
square feet, not to exceed 15 feet in height. The use of these structures shall be
for the storage/parking of recreational vehicles, vehicles authorized in residential
areas, and as a sun shade for outdoor recreating. At no time shall the. se structures
be used for any other type of ,storage or be permitted with electrical or other utility
connections.
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.10.
In commercial, industrial and multi-family residential developments, G_carports
which are open on all sides may encroach into the required yards provided they do
not encroach into the required landscape buffers, as required by this code; and
furthermore, if the landscaping is deficient where the carports are proposed, the
landscaping must be upgraded to comply with the code requirements to the
greatest extent possible prior to the issuance of a building permit for said carports.
This shall be accomplished by a site development plan amendment or a site
improvement plan approval.
2.6.4.3.
Minor improvements to legal nonconforming structures located within a
residential zoning district.
2.6.4.3.1.
Where a structure was lawfully permitted within a residential zoning district under
a previous code, and where said structure is considered nonconforming under the
current land development code due to changes in the required front, side or rear
yards, the site development review director may administratively approve a
variance for an amount equal to or less than the existing front, side and/or rear
Words struck tkrcugk are deleted, words underlined are added.
48
See. 2.6.21.
2.6.21.2.
2.6.21.2.1.
2.6.21.2.2.
2.6.21.2.3.
2.6.21.2.4
yard encroachment. Canopies, windowsills or other projections as provided for
within section 2.6.4. l shall not be used in the calculation of existing front, side
and/or rear yard encroachments.
Dock facilities.
Dock facility requirements and restrictions. The following criteria apply to dock
facilities and boathouses. Platted waterway width, where available, shah be
considered true waterway width for the purposes of this section.
For lots on a canal e,r waterway that is 100 feet or greater in width, no boathouse,
dock facility/boat combination shall protrude more than 20 feet into the waterway
(i.e. the total protrusion of the dock facility plus the total protrusion of the moored
vessel).
For lots on a canal er waterway that is less than 100 feet in width, dock facilities
may extend/protrude not greater than five feet into said canal er waterway. No
dock extension shall be granted to allow a dock facility/boat combination to
protrude more than 20 feet into the waterway and/or cause less than a minimum of
50 percent of the ~ width of the waterway between dock
structures/moored vessel(s) on the opposite side of the canal waterway to be
unobstructed, whichever is more restrictive.
For lots on a canal er waterway that is less than 70 feet in width, the dock facility
extension procedure identified in section 2.6.21.3 is not available (i.e., such lots
are limited to a five-foot dock facility).
All dock facilities on lots with water frontage of 60 feet or greater shall have side
setback requirement of 15 feet, except as provided in seotions section 2.6.21.2..4.1
or 2.6.2 I.q or as exempted below. Ali dock facilities (except boathouses) on lots
with less than 60 feet of water frontage shall have a side setback requirement of
7½ feet. 'All dock facilities (except boathouses) on lots at the end or side end of
a cana! c.r waterway hayi~ng regular (linear) water frontage shall have a side
setback requirement of 7 ¼ feet as measured from the side lot line or riparian line,
w chever is appropriate. For ..... c.r.: .... .:^. ~' ~: . ~;.~ o~, ~
2.6.21.2.4.1.
2.6.21.3.
Riparian lines {see division 6.3, definitions, riparian line) for lots at the end or
side end of a waterway with a regular shoreline are established by a line extending
from the comer of an end lot and side end lot into the waterway bisecting
equidistantly the angle created by the two intersecting lots (see Exhibit A).
Riparian lines for all other lots should be established by gen. erally accepted
methods, taking into. consideration the configuration of the shoreline, and
allowing for the equitable apportionment of riparian rights. Such methods
include, but are not limited to, lines drawn perpendicular to the shoreline for
regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread)
of the waterway, or perpendicular to the line of deep water (line of navigability or
edge of navigable channel), as appropriate, for irr. egular shorelines.
Dock facility extension; boathouse establishment criteria. Additional
length/protrusion beyond said respective distances specified in section 2.6.21.2.1
and 2.6.21.2.2 for dock facilities; and all boathouses, regardless of the extent of
the protrusion into the waterway or the width of the waterway, shall require public
notice and a hearing by the Collier County Planning Commission. As to any boat
dock extension petition upon which the planning commission takes action,
pursuant to section 5.2.11 of this Code, an aggrieved petitioner or adversely
affected property owner may appeal such final action to the board of zoning
appeals, except that such appeal shall be filed with the development services
Words :track t~re, ugh are deleted, words underlined are added.
49
2.6.21.3.1.
2.6.21.3.2.
2.6.21.3.3.
2.6.21.3.4.
2.6.21.3.5.
2.6.21.3.6.
2.6.21.3.7.
2.6.21.3.8.
2.6.21.3.9.
2.6.21.3.10.
2.6.21.3.11.
director within 14 days of the date of the final action b.y ,the planning commission.
The board of zoning appeals may affirm, affirm with conditions, reverse, or
reverse with conditions the action of the planning commission. Such appeal shall
be filed with the community development and environmental services commissizn
administrator, 0.r his designee and shall be noticed for hearing with the board of
zoning appeals pursuant to the procedures and applicable fee set forth in section
1.6.6 of this Code. The planning commission shall base its decision for approval,
approval with conditions, or denial, on the following criteria:
Whether or not the number of dock facilities or slips to be located on the subject
property is appropriate in relation to the length of waterfront property available
for the location of the proposed dock facilities.
Whether or not the water depth where the proposed dock facility is to be located is
sufficient to allow for safe mooring of the vessel, thereby necessitating the
extension request.
Whether or not the proposed dock facility and moored vessel(s) in combination
may have an adverse impact to navigation within an adjacent navigable channel.
Whether or not the proposed dock design and moored vessel protrude greater than
25 percent of the width of the ~ waterway greater than 20 feet for
boathouses, and whether or not a minimum of 50 percent of the ~
width of the waterway between dock structures/moored vessel(s) on the opposite
side of the canal waterway is maintained in order to ensure reasonable waterway
,,,:a,~, c,,,, navigability
Whether or not there are special conditions related to the subject property or
waterway which justify the proposed dimensions and location of the subject dock.
Whether or not the proposed dock is of minimal dimensions necessary in order to
adequately secure the moored vessel while providing reasonable access to the boat
for routine maintenance, without the use of excessive deck area.
Whether or not the proposed structure is of minimal dimensions to minimize the
impact of the view of the waterway by surrounding property owners.
Whether or not the proposed vessel is in excess of 50 percent of the length of the
water frontage such that the addition of a dock structure will increase the impact
on or negatively impact the view of the waterway by surrounding property
owners.
Whether or not the proposed location and deiign of the dock/vessel combination
is such that is it may infringe upon the use of neighboring properties, including
any existing dock structures.
Regarding existing benthic organisms in the vicinity of the proposed extension.
(a)
Whether or not seagrasses are located within 200 feet of the proposed
dock; and
(b)
Whether or not the proposed dock is subject to the manatee protection
requirements of this Code (section 2.6.22).
If deemed necessary based upon review of the above criteria, the planning
commission may impose such conditions upon the approval of an extension
request it deems as necessary to accomplish the purposes of this code and protect
the safety and welfare of the public. Such conditions may include, but shall not be
limited to, greater side setback(s), provision of light(s), additional reflectors, or
reflectors larger than four inches, and prohibiting or permitting mooring on the
outside of the dock facility.
Words gtruck threug~ are deleted, words underlined are added.
5O
See. 2.6.33.
2.6.33.4.
2.6.33.4.1.
Temporary use permits.
Model homes and model sales centers.
Model homes and model sales centers shall be of a temporary nature and may be
allowed in any residential zoning district or residential component of a PUD, in
the estates zoning district, and in the agricultural zoning district as part of a rural
subdivision, by the issuance of a temporary use permit; however, a model center
as a permitted use within a PUD, and not located within a dwelling unit, shall not
require a temporary use permit. Model homes and model sales centers are
intended to facilitate the sale of the model design, or of products similar in design
to the model. Model homes and model sales centers located within residential
zoning districts, or within a residential component of a PUD shall be restricted to
the promotion of a product or products permitted within the residential zoning
district or PUD in which the model home or model sales center is located and
further subject to the following:
Model homes shall only be permitted for dwellings which have not been
previously used as a residence.
A model home or model sales center is not intended to allow the full scope
of real estate activities and shall be restricted primarily to the sale and
marketing of the model, or products similar to the model. A model home
shall not include offices for builders, contractors, developers, or similar
activities.
Model homes may be "wet" or "dry." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of the
structure as a model only provided all required infrastructure is in place to
service the unit. Model homes permitted as "wet" models (occupied by a
sales office and/or representative) shall not be occupied until such time as
all required infrastructure is available to service the unit and a permanent
certificate of occupancy has been issued. Transportation to and from
unoccupied model homes is provided at a sales center, which also provides
required parking and handicapped accommodations in accordance with
section 2.6.33.2. Model homes occupied by a sales office and/or
representative must have all required landscaping, parking, and
handicapped access on site. A temporary use permit for a model home
(occupied or unoccupied) shall be issued initially for a period of three
years. Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section 2.7.4. of
this code.
Model sales centers may be located in either a temporary structure, usually
a mobile home, or a permanent structure which is either a residential
dwelling unit or a non-residential structure. Temporary use permits shall
be issued as follows:
A temporary use permit for a sales center in a temporary structure
shall be issued initially for a period of three years and may be
renewed annually based upon demonstration of need.
A temporary use permit for a sales center in a permanent structure
which is a residential dwelling unit shall be issued initially for a
period of three years. Extensions in excess of this period shall
require submittal and approval of a conditional use petition in
accordance with section 2.7.4. of this code.
Words ::r::c~ '~hrz~:gh are deleted, words underlined are added.
5l
6:.7__.
7-:8__.
A temporary use permit for a sales center in a permanent structure
other than a residential dwelling unit shall be issued initially for a
period of three years and may be renewed annually on
demonstration of need.
Temporary use permits for model homes or model sales centers to be
located within a proposed single-family or-multi-fam~ development prior
to final plat approval may be requested by the applicant and require 1)
administrative approval of a plat and construction plans showing all
required infrastructure for the lot(s) on which the model home or model
sales center is located, and 2) a site development plan (SDP) pursuant to
division 3.3, subject to the following:
(a)
A maximum of five models: or a number corresponding to ten
percent of the total number of platted lots, whicheve, r is. lesser, per
platted, approved development, shall be permitted -.vithin an
........ '~ '~ .... ~ ..... * prior to final plat approval as specified
per-mim~ above.
(b)
The applicant shall provide documentation that all required utilities
will be available to the subject site, and, where required, shall
depict such utilities in detail on the site development plan.
(c)
The parcels on which the models are located must abut a privately
owned and maintained road, temporary in nature or permanently
constructed to Collier County roadway standards.
(d)
The boundaries depicted on the preliminary subdivision plat shall
be depicted on the site development plan in order to ensure
compliance with the applicable development standards in effect on
the-subject property.
(e)
Final lot grading and drainage conveyance shall be in conformance
with the master grading plan for the project as depicted on the
preliminary subdivision plat submittal documents.
Temporary use permits for model units or units used for sales centers in
multi-family projects will not be issued prior to plat recordation and final
approval of the project site development plan.
All other temporary use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions will
be made to adequately address the requirements of section 2.6.33.2.
Temporary use permits for a model sales center within an existing
subdivision shall require a site plan as follows: In the case of a permanent
structure which is a dwelling unit, a site improvement plan (SIP) per
section 3.3.8.4. of this code; in the case ora permanent structure which is
other than a dwelling unit, a site development plan (SDP); in the case of a
temporary structure (mobile home or sales trailer), either a conceptual site
plan (CSP) which addresses the requirements of section 2.6.33.2. of this
code, or a site improvement plan, depending on the extent of the work
required.
Temporary use permits for model homes to be located within a proposed
single-family,,~ ..... .,.,..,.~*; c~.....:h,.,.,..,,., development may be approved following
administrative approval of a plat and construction drawings for all required
infrastructure encompassing the lots on which the models are to be
constructed pursuant to division 3.2, and a conceptual site plan which
addresses the requirements of section 2.6.33.2. of this code. Unoccupied
(dry) model homes will be permitted only in conjunction with an approved
Words .......... mug.. are deleted, words underlined are added.
52
Sec. 2.6.35.
2.6.35.1.
2.6.35.5.1.
SDP for a model sales center which provides adequate parking to support
the model(s).
Temporary use permits for occupied (wet) model homes following
subdivision approval shall require a conceptual site plan which addresses
the requirements of section 2.6.33.2. of this code. Temporary use permits
for unoccupied model homes following subdivision approval shall require
a conceptual site plan and shall be issued only in conjunction with an
approved site development plan or site improvement plan for a model
sales center which provides adequate parking to support the model(s).
Communication towers.
Purpose and intent. This section applies to specified communication towers that
support any antenna designed to receive or transmit electromagnetic energy, such
as but not limited to telephone, television, radio or microwave transmissions. This
section sets standards for construction and facilities siting; is to minimize where
applicable adverse visual impacts of towers and antennas through careful design,
siting and vegetation screening; to avoid potential damage to adjacent properties
from tower failure; to maximize the use of specified new communication towers
and thereby to minimize need to construct new towers; 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 Mosquito Control District r~
centro! ~str.~ct as to low flying mosquito control aircraft safety.
Shared use plans. Each shared use plan shall be in a standard format that has been
approved by the county administrator .....,,,,,..,,.,* ......... ,,.,,.,,.~,,,,. Each shared use plan shall
specify in detail to what extent there exists tower and/or site capacity to
accommodate additional antennas and/or additional towers, ancillary equipment
and accessory uses. Available antenna capacity on a tower shall be stated in
detailed clearly understandable terms, and may be stated in equivalent flat plate
area and total additional available transmission line capacity. The tower owner (as
to tower shared use plans) and the landowner (as to site shared use plans) shall
update its respective approved shared use plans by promptly filing pertinent
update information with the county ma~g~ administrator. Owners of old towers
and/or old sites may file shared use plans in accord with this section.
Reservation of capacity. If an applicant for a shared use tower does not
plan to install all of its proposed antennas during initial construction of the
tower, the applicant must specify the planned schedule of installing such
later added antennas as part of the shared use plan. An applicant cannot
indefinitely prevent the use of unused available antenna space on a tower
by reserving to itself such space. No available space can be reserved for
the owner or anyone else unless approved in the shared use plan. If an
antenna is not installed by the scheduled deadline, the reserved space shall
automatically be rendered available for use by others unless the shared use
plan has by the deadline been amended with the approval of the county
maaag~ administrator. Deadlines may be extended even if the tower is a
nonconforming structure. If space has been reserved in a shared use plan
for future additional antenna use by the tower owner and it becomes clear
that such space will not be utilized by the owner, the shared use plan shall
be amended promptly to reflect the availability of such space.
Reservation of site capacity. The policy stated above applies also to
additional tower space on an approved tower site to prevent indefinite
reservation of available site space.
Protection of nonconformity. As an incentive to promote the filing of
shared use plans, old towers, whether or not conforming, and new towers
and/or tower sites that are conforming at the date of approval of the initial
shared use plan and/or any amendment thereto may proceed in accordance
Words .~truck t~rc, ugh are deleted, words underlined are added.
53
5~4:.
with the approved plan irrespective of the fact that the tower and/or tower
site is then nonconforming. The intent of this provision is to grandfather
towers and/or new tower sites against a nonconforming status to the extent
that future capacity, including accessory structures, is provided for in the
shared use plan. If the initial shared use plan or amendment to a shared use
plan requires approval of the board of county commissioners and it
appears that the site is threatened to become nonconforming for the
intended use, the pending nonconformity will be a material element in
deciding whether to approve or deny the application for the shared use
plan or amendment.
Notwithstanding anything to the contrary in any Collier County ordinance,
any then nonconforming tower that is destroyed by any means to an extent
of more than 50 percent of its actual replacement cost at the time of
destruction, as determined by a cost estimate submitted to the zoning
director, shall not be reconstructed or repaired without conditional use
approval.
Notwithstanding anything to the contrary in any Collier County ordinance,
including any provision of division 1.8 of the land development code, a
nonconforming tower and/or accessory structures may be voluntarily
reconstructed in any zoning district at its site subject 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, increase or extension of
the nonconforming use. After nonconforming facilities and/or accessory
structures are reconstructed under conditional use authorization, such
facilities and/or accessory structures shall be deemed to have a conditional
use permit under section 1.8.8 of the land development code.
Height bonus for sharing. Notwithstanding a..nything to the contrary in any
Collier County ordinance, any existing conforming or nonconforming
tower may be permitted a onetime increase in height, provided:
Any such increase in height does not exceed 30 feet or 20 per cent
of the height of the existing tower, whichever is less;
The cost of such increase in height does not exceed 50 per cent of
the actual replacement cost of the tower at the time of the
application;
A shared use plan covering the tower with the increased height is
first approved by the county administrator;
The increase does not cause the proposed tower to exceed any
required maximum height requirement for towers or make a legally
conforming tower become nonconforming;
Substantiated proof that such proposed antenna(s) may not be placed on
the existing tower by relocating or adjusting existing antennas and
equipment shall be submitted .by an appropriate professional engineer
certified to practice in the state of Florida.
A site development plan shall be submitted for review and approval if an
increase in tower height requires placement of, or addition to, an antenna
,equipment building or support building.
Filing shared use plans. Each approved shared use plan shall be filed and
recorded in the office of the Collier County clerk of courts prior to any site
development plan approval. A copy of the initial shared use plan shall be
Words atr',:ck t~re'.:g~ are deleted, words underlined are added.
54
filed with and approved by the county manag~ administrator prior to
conditional use approval.
Shared use plans for oM towers and oM tower sites. Initial shared use
plans and amendments for old towers require approval of the county
mmaage~ administrator. Initial shared use plans and amendments for old
tower sites require approval of the board of county commissioners, except
where an amendment reduces site and/or antenna capacity.
2.6.35.6.2.
Permitted ground-mounted towers. Towers not exceeding the stated maximum
heights are a permitted use subject to other applicable provisions of this section,
including separate requirements and shared use provisions. Towers that exceed
those specified maximum heights require variance approval in accordance with
section 2.7.5.
All commercial and industrial zoning districts and urban designated area
agricultural zoning districts: Any tower up to 75 feet in height is a
permitted use provided the base of such tower is separated a minimum
distance of 75 feet from the nearest boundary with any parcel of land
zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH,
TTRVC, or PUD permitting six residential dwelling units or less. Any
tower that exceeds 75 feet in height up to a height of 185 feet is a lawful
use only if permitted or otherwise provided in the respective zoning
district and the base of such tower is separated from the nearest boundary
of any parcel of land zoned RSF-I through RSF-6, RMF-6, E, RMF-12,
RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six residential
dwelling units or less, by a minimum distance in feet determined by
multiplying the height of the tower (in feet) by a factor of 2.5. (The
minimum separation distance is 2 I/2 times the height of the tower.)
Towers which do not meet the separation requirement may apply for a
variance in accordance with section 2.7.5.
Agricultural zoning districts within the rural designated area: Towers not
exceeding 2~0 250, feet.
All agricultural zoning districts: No tower that exceeds 250 2~0 feet in
height exclusive of any antenna affixed thereto shall be allowed on any
site comprising less than 10 -20 acres under common ownership or control
except such towers can be approved as a conditional use on sites of less
than 10 ~acres if a.~ .........., ...... .,.' ,~ ~,~ ,.,..n,~4..,' ,~. ....... ,n.-~n ,~r ~,,
.......V'"V"~"~'"~ ~,.,-.°:"~ ,*..,.~'~'~ the applicant cannot with economic feasibility acquire
title to or control of a suitable tower site of at least I_.Q0 -30 acres in the
required geographic vicinity of the proposed tower site.
2.6.35.6.6.
With the exception of rooftop towers and towers on essential services sites, each
new communication tower shall meet the following separation requirements:
Each new tower that exceeds 185 feet in height shall be located not less
than 2.5 times the height of the tower from all RSF-I through RSF-6, and
RMF-6 zoning districts including planned unit developments (PUDs)
where the adjacent use(s) is/are, or comparable to, RSF-! through RSF-6
and RMF-6 zoning districts. If a part of a PUD is not developed and it is
inconclusive whether the part of a PUD area within such minimum
separation distance from the proposed tower site may be developed with a
Words :tr:~c.k .'hrc.'-'gh are deleted, words underlined are added.
55
density of six units per acre or less, it shall be presumed that the PUD area
nearest to the proposed site will be developed at the lowest density
possible under the respective PUD.
In addition, each such new tower that exceeds a height of 75 feet
excluding antennas, shall be separated from all boundaries of surrounding
property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the
residential areas of PUDs with existing or planned densities greater than
six units per acre by not less than the total height of the tower including its
antennas; and from all other surrounding property boundaries by a
distance not less than one-half the height of the tower and its antennas, or
the tower's certified collapse area, whichever distance is greater.
2.6.35.6.12.
Tower lighting. Towers and antennas with a height greater than 150 feet shall be
required to have red beacon or dual mode lights unless exempted in writing by the
Collier county mosquito control district. Such lights shall meet the then existing
Federal Aviation Administration {FAA) technical standards. No other towers or
antennas shall be No tower shall 5e artificially lighted except as required by the
FAA ~'~'~'-"" '~'';''*:'''' A ~,,,:.,:~,~,:~,., the Federal Communications Commission,
or other applicable laws, ordinances or regulations. If the FAA rules require.
lighting, then the applicant shall comply with such rules.
2.6.35.6.17. Site Plans.
Additional Requirements. All new telecommunication towers and facilities
shall require a scaled site plan in accordance with division 3.3 and the
following additional requirements as part of the building permit
.application:
Elevation drawings of the proposed telecommunications tower or
alternative tower structure, other structures, ,type of construction,
and whether construction will accommodate sharing of additional
antennas for future users;
Separation distances from nearest platted and unplatted residential
properties and existing and/or proposed towers that are permitted
,by Collier County, and all setbacks from adjacent properties and
rights-of-way, and minimum separation distances as required;
Words '* .... ~' 'j' ...... ~'
............. ~,,. are deleted, words underlined are added.
56
h~
i_
Landscaping and buffering plan showing specific landscaping
materials and method to maintain landscaping;
Location and ..typ.e of fencing to be used;
Finished color, camouflaging, and illumination, if applicable;
Statement by applicant certifying compliance with all applicable
federal, state, and local laws and requirements of the FCC and
,FAA;
On-site land uses and zoning designation(s):
Legal descriptions;
Identification of the entities providing the backhaul network for the
tower(s);
A description of the suitability of the use of existing towers and
other structures located within the applicable search radius; and
A map of the proposed coverage area and a propagation study
contrasting the proposed tower and tower site versus use of other
tower structures and sites within the effective radius.
2.6.35.6.26.
2_.:
Amendments. Additional towers, tower sites, buildings and accessory_
facilities on-site shall also require an amendment to the approved site plan.
Exemptions. The following are exempt from division 3.3:
a..= Ground-mounted amateur radio towers that do not exceed a height
of 75 feet excluding antennas;
Ground-mounted antennas and receive-only dishes that do not
exceed a height, of 20 feet above natural grade.
Additional findings for variance and conditional use applications. In addition to
the findings for conditional use applications and variance applications as required
in sections 2.7.4 and 2.7.5 respectively of this code, the following additional
findings shall be made by the Collier County planning commission when
considering such applications:
1._:. The applicant must demonstrate that the telecommunications
tower/antenna must be located where it is to serve the company's system
and service area and that sharing capacity is unfeasible or unreasonable as
to existing towers. Evidence must be provided which considers the
following:
Proximity of all nearby towers located within the effective radi~g
and whether or not they provide sharing of facilities.
If true, existing telecommunications towers and structures located
within the effective radius are not of sufficient height for the
proposed tower's service area. Such evidence must be certified by
an appropriate professional engineer certified to practice in the
state of Florida.
Existin~ towers and structures located within the effective radius
are not of sufficient structural strength to support the applicant's
proposed antennas and related equipment. Such evidence must be
................. e., are deleted, words underlined are added.
57
2.6.35.6.27.
certified b.y an appropriate professional engineer certified to
practice in the state of Florida.
Sharing would cause electromagnetic interference with either the
applicant's communication ,system or with existing communication
systems. Such evidence must be certified by an ,appropriate
professional engineer certified to practice in the state of Florida.
Costs to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Fees and costs
which exceed the costs to design and construct a new
telecommunications tower shall be presumed to be unreasonable.
If applicable, other limiting factors, including but not limited to
natural and man-made environmental limitations.
Required certification. The applicant shall provide certification by a
professiona. I engineer that the proposed telecommunications tower or
alternative tower structure is designed in accordance with the standards
_specified in this article and those incorporated by reference into this
,article, and that in case of collapse the telecommunications tower or
alternative tower structure will be contained on the parcel 9r site, and that
no structure other than those in direct support to the operations of the
telecommunications tower or alternative tower structure shall be located
within the fall zone.
Compliance with aviation regulations. The applicant must demonstrate
that the proposed tower complies with all state and federal laws and
regulations concerning aviation safety, including part 77 of the federal
aviation regulations and part 17 of the FCC regulations, and if planned to
exceed 150 feet in height above grade, has been submitted for review by
the Collier county mosquito control district.
Evidence of pursuing use of existing towers and tower sites. The applicant
must provide evidence of pursuing the use of existing .towers, structures,
and facilities within the effective radius as specified in section 2.6.35.2.
Evidence shall include written correspondence between the applicant and
owner/operator of other structures in the effective radius including a
request for space, the applicable rate structure for leasing, the applicable
radio frequency, structural requirements, and any existing FCC limitations
and other information as required in section 2.6.35.3. of this code.
....&.
Comparison Of proposed site versus use Of existing sites within e_~ective
radius. The applicant will provide a map of the proposed coverage area
and a propagation study for the proposed telecommunications tower and
any existing or proposed towers and structures within the effective radius,
which may be used to facilitate the applicant's antenna(s) a. nd equipment,
including the input data for those maps for comparison of both proposed
and existing towers, and any other technical parameter used; analyses
which include the type of equipment to be used and the structural loading
criteria used, and which address alternative scenarios, such as using an
existing tower or placi.ng a tower elsewhere versus using the proposed
tower and site.
The above requirements may be waived by staff if the applicant presents
good cause proving Why the respective requirement is not a. pplicable or
such proof is irrelevant or superfluous to the spec. ific application.
A copy of each application for a tower in excess of 299 150 feet in height shall be
supplied by the applicant to the Collier,.,,,,...,jr' .... , ........ ...-,on-..,,;' .... -.-,..,."~,,. ,..o,.'n"":"*..., Mosquito
Control District or its successor in function.
Words :tr',:cl: t?.reug~ are deleted, words underlined are added.
58
2.6.35.6.30.
Controlling !aw. Upon written application for exception(s) by the tower permit
applicant, citing to specific, provision(s) of allegedly controlling law, staff shall, in
writing, grant one or more specifically articulated exceptions to these
requirements herein, but 0n!y to the extent, in the opinion of the county attorney,
each applied-for exception is mandated by application of such law(s) as then
applied to the specific tower site.
SUBSECTION 3.G: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivisions, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2
SUBDIVISIONS
Sec. 3.2.4. Exceptions.
3.2.4.11.5
Golden Gate Estates lot divisions. When a five acre parcel in Golden Gate Estates is
subdivided into t..wo lots, where one of the lots is not on the existing right-of-way, the
owner may create an access easement to and through the parcel which is not on the right-
of-way. T.he easement must be at least 20 feet in width~ and extend at least 150 feet into
the otherwise landlocked lot. The easement shall provide for access to the lot, and
satisfy the frontage requirement.
Sec. 3.2.6. Subdivision review procedures.
3.2.6.5.3.3.
Completion certificate, record improvement plans and supportive documents. The
required improvements shall not be considered complete until a statement of
substantial completion by the applicant's professional engineer of record along
with the final development records have been furnished to, reviewed and
approved by the development services director for compliance with this division.
The applicant's professional engineer of record shall also furnish one set of record
improvement plans on a mylar or similar acceptable material, with a minimum of
two mil thickness, and two sets of certified prints acceptable to the development
services director, showing the original design in comparison to the actual finished
work. The myalrs shall be labeled as record drawings on each sheet prior to
printing of the required sets of prints. The applicant's professional engineer shall
also submit a computer disk containing the drawing file in auto CAD software
format, or a simil.ar format, which is translatable to auto CAD and acceptable to
,the Planning services director. In addition, a copy of applicable measurements,
tests and reports made on the work and material during the progress of
construction must be furnished. The record construction data shall be certified by
the applicant's professional engineer and professional land surveyor and shall
include but not be limited to the following items which have been obtained
through surveys performed on the completed required improvements:
Sec. 3.2.8.
3.2.8.3.6.
Improvement plans.
Words ............ ~.. are deleted, words underlined are added.
59
Words :tr'.:'ck :hrm:gh are deleted, words underlined, are added.
6O
3.2.8.3.6.
Clearing, ~radin~ and_filling: Clearing of woody vegetation requires a
permit with the following exceptions:
Owners of lots with an existing single family home other than in
Golden Gate Estates may remove non-native and native woody
vegetation without permits unless specimen trees are involved. A
minimum number of required native trees shall be maintained as
required by section 2.4.6.1.
b) Permitted removal of vegetation:
Subdivisions: Residen.tial, commercial or industrial subdivisions,
upon approval of construction drawings for the entire project or
any given phase thereof, may clear for the construction of the
infrastructure within that phase. Road rights-of-way, and drainage
and utility easement areas may be cleared.
Water management areas requiri.ng excavation permits may be
cleared upon issuance of an excavation permit and a required
separate vegetation removal permit.
Individual single family lots or blocks of lots may not be cleared
unless a separate vegetation removal and site filling permit
(VRSFP'~ is obtained as required by section 3.2.8.3.6.b.3..
2_. Site development plans (SDPs):
Commercial and industrial: Approval ora commercial or
industrial SDP or SIP includes permission to clear for all
infrastructure improvements and for the building pad as
shown on the approved SDP.
Residential SDPs: Approval ora residential SDP includes
permission to clear for infrastructure only. Clearing and
filling of building sites is not permitted unless a separate
v.egetation removal and site filling permit is obtained as
required by section 3.2.8.3.6.b.3..
Words s:r'.:'ck :hre.'.:gh are deleted, words underlined are added.
61
3_. Vegetation removal and site filling p.e. rmits (VPSFPs):
A developer will be permitted to clear up to 25 acres of
residential,, cqmmercial, or industrial .lots tO store excess fill
generated by lake excavations within the PUD or project
where the excavation is taking place.
An approved SDP or an approved plat must exist for the
parcel on which the fill is to be stored.
The application to "clear and fill" in order to store excess
fill must be accompanied by a plan drawn on the approved
SDP or plat, s.h.o, wing the following:
The limits of each ..separate stockpile must be clearly
delineated .and the area, height, cross- section, and
volume of each individual stockpile must appear on
the drawing referenced to the stockpile. Slopes
must not be steeper than a ratio of 4:1.
The type of vegetation to be removed must be
shown on the drawing.
The source of the material, s.u. ch as lake number
(lake #) for each stock-pile must be indicated on the
drawing.
Clearing to store excess fill will be permitted in
maximum blocks of 25 acres at a time. When a 25
acre block is nearing capacity, permission to
excavate additional 25 acre blocks may be applied
To allow for safety during tree removal, if a developer
owns contiguous single family lots, the trees on the single
family lots directly adjacent to a lot where a house is under
construction may be removed, if removal ,at .a future date
may be a danger to life or prgperty. A VRSFP must. be
granted prior to removal of these trees.
Revegetation: For VRSFPs within subdivisions, a
revegetation bond in the form of a performance bond, letter
of credit, or cash bond and in the amount of $5,000.00 per
acre must be posted.
When fill is used to bring building lots to desired
construction elevations, those lots shall immediately be
seeded, to prevent erosion and exotic seed infestation.
Any stockpile in place for more than 6 months must be
sodded or hydroseeded. Failure to do so within 14 calendar
days of notification by the county will result in a fine of
$10.00 per acre. per day.
In the event that any portion of the stockpile is in place for
two years, the county will order the fill to be removed and
the land to be revegetated.
Words :truck t~rzag~ are deleted, words underlined are added.
62
The density and type of revegetation shall closely match
nearby ecosystems, but shall not be less than 64 trees per
acre with associated mid-story and groundcover.
SUBSECTION 3.H: AMENDMENTS TO EXPLOSIVES DIVISION
Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.4.
EXPLOSIVES
Sec. 3.4.7.
Permit application review procedures.
3.4.7.1.4.
Pre-blast notification:
The applicant shall r~fy provide written notification to residents
who have not received a pre-blast inspection of the pending blast at
least fvve t.en days prior to the commencement of the initial blast.
The notification brochure shall be mailed or placed on the front
door of each individual residence within the notification radius. A
list of the property owners who were notified shall be furnished to
the county,
Notification shall be distributed to all properties containing
structures within a radius calculated for a scaled distance of 150
feet, plus an additional 50%.
The written notification shall describe the blasting which will take
place, its effect on the residents, their ability to obtain a pre-blast
survey and how to contact the user or his or her representative with
any blast related complaints or claims. Property owners shall be
given a five-day window to respond to the availability and their
desire to obtain a pre-blast survey.
If blasting is suspended in an area for a period of 90 days or longer, re-
notification of all residents within the radius calculated for a scaled
distance of 150 feet plus an additional 50% shall be accomplished at lest
seven days prior to the re-commencement of blasting.
Sec. 3.4.9. Limitations and conditions.
3.4.9.4.3.
The results from the seismic instrument shall be provided to and analyzed by a
seismologist who shall sign the results of his analysis. The seismologist shall be
an individual or firm specializing in the measurement and evaluation of short-term
air and ground vibrations produced through detonation of explosives. The
seismologist shall have experience in instrumentation, explosives, and the effects
of vibration upon structures and a minimum of 5 years experience supervising
and/or monitoring the use of explosives.
3.4.9.4.4.
All original records of the seismic analysis will be the property of the user but a copy of
the seismic results and/or analysis shall be furnished to the
dgr-~4~ community development and environmental services administrator, or his
designee~ with full and complete and supporting data ............ ,,, .~^~,~,j :~,~ ............ ..... ~o ~,~ upzn
d6,mav, d within 7 days from the date of the actual blast.
Words a'.r'.:ck '~r.zugh are deleted, words underlined are added.
63
SUBSECTION 3.1: AMENDMENTS TO VEGETATION, REMOVAL AND PRESERVATION
DIVISION
Division 3.9., Vegetation, Removal and Preservation, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.9.
Sec. 3.9.3.
Sec. 3.9,6.
3.9.6.4.1.
VEGETATION REMOVAL, PROTECTION AND PRESERVATION
Applicability: unlawful to remove or otherwise destroy vegetation.
It shall be unlawful for any individual, firm, association, joint venture,
partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of
federal, state, county or municipal government to remove, or eauge tz be
r~,~a~ved or otherwise destroy, vegetation, which includes placing of ~ad. di.tional
fil__ll, without first obtaining a vegetation removal or vegetation removal and fill
permit from the development services director except as hereinafter exempted.
Review procedures.
A vegetation removal fee is not required to remove the following
prohibited exotic vegetation from developed property or from undeveloped
property after a vegetation removal permit has been issued.
(l)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9~
(,10)
(11)
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Brazilian pepper (Schinus terebinthifolius).
Earlcaf acacia (Acacia auriculiformis).
Catclaw mimose (Minosa pigra).
Java plum (Syzygium cumini).
Downy rosemyrtle (Rhodomyrtus tomentosus).
Women's tongue (Albizia lebbeck).
Climbing fern (Lygodium spp.).
Air potato (Dioscorea bulbifera).
Lather leaf (Colubrina asiatica).
SUBSECTION 3.J: AMENDMENTS TO DEFINITIONS DIVISION
Division 6.3., Definitions, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 6.3
DEFINITIONS
Beacon light: Any light with one or more beams capable of being directed in any
direction or directions, or capable of being revolved automatically, or having any
part thereof revolve automatically, or a fixed or flashing high intensity light;
search light.
Words :!tuck *.~rc. ug~ are deleted, words underlined are added.
64
r:,.,,o~ ...... '"""" Prohibited exotic vegetation:
thereof, including seeds, of the following:
The entire plant,
or any part
Earleaf acacia (Acacia auriculiformis).
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Catclaw mimose (Minosa pigra).
Downy rosemyrtle (Rhodomyrtus tomentosa).
Brazilian pepper (Schinus terebinthifolius).
Java plum (Syzygium cumini).
Women's tongue {Albizia lebbeck).
Climbing fern (Lygodium spp.}.
Air potat0..{Dioscorea buibifera).
Lather leaf (Colubrina asiatica).
Riparian line: An imaginary_ line beginning at the point at which property line.s
intersect the mean high water line of a waterway and continuing into the
waterway indefinitely.. The.. purpose of the riparian line, as employed by this cod.e,
is to provide a point of reference from which to, measure setbacks for docking
facilities.
Roadside sales: The sale or display of perishable or nonperishable merchandise
for sale from any fixed or nonfixed location, upon unimproved or improved
property:, without a valid occupational license and, when applic~ab, le~ temporary
use permit.
SUBSECTION 3.K:
Appendix
roadway section
Sign, monumen, t: A detached sign typically containing design elements such as a
base, columns, bor.ders, toppers or caps, and a sign cabinet occupying at least two-
thirds (2/3s) of the total sign area.
AMENDMENTS TO APPENDICES SECTION
B, Typical
iljustrations
Street Sections, is hereby amended by replacing the existing typical
with revised typical roadway section iljustrations attached hereto and
incorporated herein by reference as Exhibit "B".
SECTION FOUR: CONFLICT AND SEVERABILITY
· In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable
law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development Code of
Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such,
and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
Words :fmc?. t~ret:g~ are deleted, words underlined are added.
65
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,
this ~,'~-~u. day of_.~,,~h~ll~c, 2000.
BOARD OF ~ISSIONERS
........... "' ..... COLLIER C~L~T,,Y, FLORIDA
"-' · ' i1'- '-
, ' ..' ' ....:'.~:, '"' : '9
A~ES~:. ~:: .' ~ TIMO CON INE~AIR~AN
. . <~: . ..;'
',,.DW4GHT:E..BROCK, CLERK ttast al This ordinance filed with Ihe
.... '"' ...... . [l~fl~g~ ~1~, S~mtory c~ ~s Office 'lhe
Approved As To Fo~ And ~egai ~umc~ency ~day of ~ .. , ~~
~d ack:~. .":::?meat' 9~ that
~~.. ~ ~ ri,inlrqceived this ~ day
Assistant County Attorney · ~p~ c~,.
LDC CYCLE 2-1999 ORDINANCE/md/f:
Words ~' .... ~' '~ ..... ~' are deleted, words underlined are added.
66
EXHIBIT "B"
(APPENDIX "B")
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-08
Which was adopted by the Board of County Commissioners on
the 25th day of January, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day of
January, 2000.
DWIGHT
E
BROCK
Clerk of Courts and Clerk ,.
Ex-officio to Board of'. '.~'
County Commissioners ...,
· ' ." ,'.~.'$
·
,.,' ., ...
By: Ellie Hof fman,
Deputy Clerk