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Ordinance 76-30
ZONING COLLIER COASTAL ORDINANCE 76-30 ORDINANCE OF COUNTY, 'FLORIDA AREA PLANNING DISTRICT COLLIER COUNTY BOARD OF COUNTY COHI.IISSIONERS C. R. "Russ" Wimer, Chairman Clifford Wenzel, Vice-Chairman 'l~homas P. Archer David C. Bro%~n Stephen G. Mitchell CLERK OF CIRCUIT COURT Margaret T. Scott COUNTY MANAGER M. Dale Cunningham COUNTY ATTORNEY Donald A. Pickworth COUNTY ENGINEER Irving L; Berzon, P. E. ~ COASTAL AREA PLANNING COMMISSION John Pistor, Chairman Wade H. Schroeder, Vice-Chairman William McGrath, Secretary G. Norman Bacon PJul L. Frank Edward J. Oates Eugene H. Pratt Louis E. Capek, ~lternate DEPART~4ENT OF COMMUNITY DEVELOPMENT STAFF 'PARTICIPANTS Neno J. Spagna, Director Carl A. Clemmer, Zoning DirectOr Richard L. Woodruff, Senior Planner Wafaa F. Assaad, Associate Planner James Blondin, Planning Technician Diane Evans, Secretary Iver Brook, Environmental Planner .Sandy Gibbs, Secretary Mary Lee Layne, Planning Technician Tom McDaniel, Planning Technician Jeffory L. Perry, Zonin~ Technician SECTION TABLE OF CONTENTS PAGE ADOPTING ORDINANCE 1 SHORT TITLE 3 INTENT AND PURPOSE 3 DEFINITIONS 4 General 4 Abutting Property 4 Acceptable Environmental 4 Alteration Accessory Use or S~ructure 4 Acre 4 Alley 5 Alteration 5 Area of Environmental Sensitivity 5 Automobile Off-Street Parking Spaces 5 Automobile Service Station 5 Automobile Wrecking or Automobile 5 Wrecking Yard Bar, Cocktail Lounge, or Saloon 5 Boarding House 5 Block 5 Board 6 Boathouse, Private 6 Boathouse, Commercial 6 i 655 SECTION PAGE DEFINITIONS (cont'd) Boatyard and. Way Building .Buid~ble Area Building, Height of a Building, Frontage of a Building Line Building Site Cafeteria Carport Change of Occupancy Child Cars Center Church County Clinic, Medical or Dental Club, Private' Club, Night Cjuster Housing coastal Area Planning District CommercialFtshery Commercial Vehicle Completely Enclosed Building Conditional Use Permit Contiguous Property Construction, Actual . 6 6 6 6 7 7 7 7 7 8 8 8 8 8 8 8 8 9 9 9 9 9 9 SECTION DEFINITIONS (~ont'd) Convalescent Mome Cooking Facilities Coverage of a Lot by Buildings Court~ Day Nursery Density, Gross Residential Depth of a Lot 'Director Drive-In Restaurant or Refreshment Stand Drive-In Bank (Or ~inancial Institution) Drive-In Theatre Drive-In Business Dwelling, Generally Dwelling, One Family or' Single Family Dwelling, Multiple F~mily' Dwelling, Multiple Family Use Dwelling Unit Environmental Quality Erected Family Filling Station Flood Plain PAGE 9 9 9 9 10 10 10 10 10 10 11 11 11 11 1! 11 12 12 12 12 12 12 655 SECTION DEFINITIONS (cont'd) Floodway Floor Area Frontage of a Bui.lding Frontage of a Lot Garage, Parking Garage, Private Garage, Repair Garage, Storage .. Grade Guest House Height of a Building Home for the Aged Hospital Hospital, Veterinary General Hospital, Veterinary, Small Animal Hotel, Motel, Boatel, Motor Lodge, etc. Hotel or Motel Unit House of Worship Junkyard Kenneling Landscaped Area Loading Space, Off-Street Lot Lot Frontage iv PAGE 12 12 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 15 15 15 15 15 ].6 SECTION DEFINITIONS (con't) Lot Measurem.ent, Depth Lot Measurement, Width Lot of Record Lot Types 'Marina ". Mobile Home Mobile Home Park Mobile Home Subdivision Mobile Home Site Model Home Modular Home Motel Night Club Non-Conforming Lot, Structure Use of Land, etc. Nursery School Nursing Home or Extended Care Facility Occupied Office, Business' Office, Professional Open Space, Usable Package Store Parking Area, Off-Street PAGE 16 16 16 16 17 17 17 18 18 18. 18 18 18 18 18 18 19 19 19 19' 19 19 SECTION DEFINITIONS (con't) Parking Space, Off-Street "Planned Unit DeVelopment Plot Porch Private Club Provisional Use Public Resource Res taurant Servant' s Quarters Service Station Setback Line Shoreline Story Street Struc ture Townhouse or Rowhouse Trailer,. Boat Trailer, Camping or Pop'Out Trailer, Rorse Trailer, Luggage or Utility Trailer, Travel Travel Trailer Park PAGE 19 19 19 20 20 20 20 20 20 2O 20 21 21 21 21' 21 -~1 vi ,( SECTION DEFINITIONS (con't) Truck Stop Use , Use of Land or Water. Variance Yard, Generally Yard, Gulf Yard, Front · PAGE 22 22 22 22 23 23 Yard, Side Yard, Rear Yard, Special Yard, Wa'terfront ESTABLISHMENT OF ZONING DISTRICTS RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES APPLICATION OF DISTRICT REGULATIONS SCKEDULE OF DISTRICT REGULATIONS SUPPLEMENTARY DISTRICT RE~I~ATIONS 23 24 24 24 25 28 3O 32 35 1. Visibility at Intersections in all Zoning Districts 35 2. Accessory Uses and Structures 35 3. Exclusions'from Height Limits 36 4. Exclusions from Heiqht Limits- Off-Stree Parking within a Building 36 SECTION 8 _S_.UPPLESfENTARY DISTRICT REG[U~ATIONS . PAGE, ( con ' t) 5. Buildings to Have Access 6. Use of Residentially%Zoned Property for Access 7. Parking, Storage, or Use of. Major Recreational Equipment 8. Parking of Commercial Vehicles in Residential Areas 9. Moving of Buildings or Structures 10. Essential Services 11. Waterfront Property Alcoholic Beverages 13. Automotive Service Stations 14. Fallout Shelters 15. Base Setback Line Requirements 16. .Fences, Walls, and Hedges 17. Boat or Other Floating Equipment Used as Dwelling Units 18. Regulation for the Construction and Operation of Driv~-In Theatres 19. Miscellaneous Structures Landscaped Buffer Areas 21. Erection of M6re than One Principal Structure on a Lot viii 37 37 37 37 38 · 38 39 4O 42 43 44 ,44 45 45 45 47 655 SECTION .9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. · PAGE SPECIAL REGULATIONS FOR (ST) 48 AREAS OF ENVIRONMENTAL SENSITIVITY SPECIAL REGULATIONS FOR SPECIFIED AREAS IN AND AROUND NAPLES AIRPORT YARDS SPECIAL PROVISIONS FOR' HOUSING OF FARM LABOR PROVISIONAL USES NON-CONFORMING LOTS r USES, STRUCTURe. S, ET~. TEMPORARY USE PERMITS RELATION TO STATE AND FEDERAL STATUTES A. Required State and/or Federal Permits B. Development of Regional Impact C. Big Cypress Area of Critical State Concern OFF-STREET PARKING AND OFF-STREET LOADING REQUIRED LANDSCAPING FOR OFF-STREET VEHICULAR FACILITIES SIGNS ix 54 60 62 64 71 79 Sl 81 81 82 91 97 SECTION 21. 22. I. 23. '24. 25. 26. 27. 29. 30. RS-RESIDENTIAL, SINGLE FAMILY RS-1 RS-2 RS-3 RS-4 RM-1 RESIDENTIAL-MULTI-FAMILY DISTRICT PM-lA RESIDENTIAL-MULTI-FAMILY DISTRICT RM-2 RESIDENTIAL-MULTI-FAMILY DISTRICT PUD - PLANNED UNIT DEVELOPMENT DIS ICT RT - RESIDENTIAL TOURIST DISTRICT. GC - GOLF COURSE DISTRICT FVR - FISHING VILLAGE RESIDENTIAL DISTRICT M~SD - MOBIT, E ~OM~ SUBDIVISION DISTRICT ' : MlqRP - MOBILE HOME RENTAL PARK TTRV - TRAVEL TRAILF. R - REC- PAGE 108 109 109 110 110 112 113 115 · 118 131 133 .1.37 '139 RECREATIONAL VEHICLE PARK DISTRICT 142 -j SECTION 31. 32. 33. 34'. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. CD - CAMPGROUND DISTRICT PC - PROFESSIONAL COMMERCIAL DISTRICT CC - CONVENIENCE COMMERCIAL GRC - GENERAL RETAIL COMMERCIAL CI - COMMERCIAL INDUSTRIkL DISTRICT I - INDUSTRIAL DISTRICT A - AGRICULTURE DISTRICT E - ESTATES DISTRICT ADMINISTRATION AND ENFORCEMENT, PLANNING COMMISSION - POWERS AND DUTIES UNDER ZONING ORDINANCE BOARD OF ZONING APPEALS - PO'fERS AND DUTIES UNDER ZONING ORDINANCE SCHEDULE OF FEES AND CR~RGES PROVISIONS OF ZONING ORDINANCE DECLARED TO BE MINIMUM OR }~XIMUM REQUIREMENTS PENALTIES FOR VIOLATION PAGE 145 148 :"" 150 · 152 156 159 162 165' ~.67 ; 174 177 178 179 xi ORDINANCE ~0. 76- 30 AN ORDINANCE ENACTING AND ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY, FLORIDA; DEFINING CERTAIN.TERMS HEREIN USED; DIVIDING SUCH UNINCORPORATED ARE. A INTO DISTRICTS AND ESTA]]LISH- ING THE BOUNDARIES THEREOF AND WITHIN SUCH DISTRICTS REGULATING AND R~STRICTING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES, OR LAND OR WATER; REGULATING AND RESTRICT- ING THE LOCATION, HEIGHT, NUMBER OF S~ORIES, AND SIZE OF BUILDINGS 'AND OTHER STRUCTURES; REGULATING AND RESTRICTING THF~ PERCENTAGE OF LOTS TRAT MAY BE OCCUPIED; REGULATING .AND RESTRICTING THE SIZE OF YARDS A~;D OTHER OPEN SPACES; REGULATING AND RESTRICTING THE DENSI~"f OF RESIDENTIAL DWELLING UNITS; REGULATING AND RESTRICTING THE LOCATION A~D USE OF BUILDINGS, STRUCTURES', AND LAND AND WATER FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE, RECREATION, AND OTHER PURPOSES; PROVIDING FOR THE AD- MINISTRATION, ENFORCEMENT, AND AMENDMENT OF THIS ZONING ORDINANCE; SETTING OUT THE POWERS, RESPONSIBIL- ITIES, AND DUTIES OF THE PLANNING COMMISSION UNDER THIS ORDINAN~; SETTING OUT T~E POWERS, RESPONSIBILITIES, AND DUTIES OF THE BOARD OF ZONING APPEALS UNDER .THIS ORDINANCE; SETTING A SCHEDULE OF FEES AND CHARGES UNDER THIS ORDINANCE; DECLARING THAT THE PROVISIONS OF THIS ORDINANCE ARE MINIMUM .'OR MAXIMUM REQUIREMENTS AS THE CASE MAY BE; SETTING PENALTIES FOR VIOLATION OF THIS ZONING ORDINA~C~ AND AUTHORIZING RESORT TO OTHER REME- DIES TO PREVENT OR ABATE VIOLATION; PROVIDING THAT PROSECUTIONS BEGUN UNDER PREVIOUSLY EFFECTIVE ZONING REGULATIONS MAY BE CONTINUED; PROVIDING THAT THE REGU- LATIONS SET OUT HEREIN S}L%I~ SUPERSEDE ANY AND ALL PKEVIOUS REGULATIONS, RESOLUTIONS, OR OkDINANCES APPLICABLE TO THE UNINCO~PORATED AREA OF THE COASTAL AREA PLANNING DISTRICT~ REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEPARABILITY; SETTING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Article VIII, Section l(f)'of the Constitution of Florida confers on counties broad ordinance making power when not inconsistent with general or special law; AND. WHEREAS, Chapter 125.01, Florida Statutes, confers on al) counties in Plorida general powers of government, Including the ordinance making power and t~e power to plan and regulate the use of land and water; 1 I?Ct AND WHEREAS, Chapter 163, Part II, Florida Statutes, grants to cities and counties in Florida the power to under- take comprehensive plannin~ ~programs, prepare and adopt com- prehensive plans for future development, and adopt and enforce zoning regulations to aid in implementing such adopted comprehensive plans; AND WHEREAS, Chapter 163, ~art II, Florida Statutes, declares that the powers granted by such act are supplemen-. tel and cumulative of other general or special legislation on the subject; WHEREAS, Collier County on October 14, 1974 enacted a Comprehensive Zoning Ordinance. for the Coastal Area Plan- ning District of Collier County relying on the provisions of Chapter 163, Part II of the Florida Statutes as one of the bases of its authority to'enact said zoning ordinance, and W~EREAS~ the Attorney General of the State of Florida has rendered an informal opinion that' Collier County may not utilize tbs powers and provisions of Chapter 163, Part II because said Chapter 163, Part II contemplates a planning area comprising the entire unincorporated area of a county, and WHEREAS, the Legislature of the State of. Florida has recognized the geographic, demographic and economic differences between the populous, urban coastal area of Coliier County, and the relatively sparsely populated, rural agriculture oriented Eastern area of Collier County by enacting Chapter 67-1246, Special Acts, Laws of Florida, 1967, as amended by Chapter 69-964, Special Acts, Laws of Florida, 1969, which 'recognizes these differences by authorizing the formation of multiple planning commissions and districts, the adoption of a Comprehensive Plan for each district, and the adoption of zoning regulations for each district, and WHEREAS, the aforesaid Comprehensive Zoning Ordinance for the Coastal Area Planning District was also enacted in accord- ance with said Chapter 67-1246 as amended,'and WHEREAS, the Board of County Commissioners of Collier County desires to enact a Comprehensive Zoning Ordinance under such procedures as are clearly authorized by law, and to reaffirm its intent to comply with the provisions of said Chapter 67-1246; WHEREAS, the Board of'County Commissioners of Collier County, Florida finds it necessary under the authority thus granted to adopt and enforce comprehensive zoning regulations for those Unincorporated lands and waters subject to the jurisdiction of the County and lying in that area of the County denominated as the Coastal Area Planning District, to 53 the end that the public health, safety, comfort, order, appearance, convenience, ~orals, and the general welfare will be served; WHEREAS, the Board of County Commissioners of ~ollier County, Florida and its recommendatory agents did take action in the manner prescribed by law, and did on ~e~tember 17, 19~4, adopt a Comprehensive Plan for the Coastal Area Planning . District;' ' WHEREAS, the Board of County Commissioners o~ Collie~' County, Florida and its recommendatory agents have conformed to all applicable procedural requirements of Florida law, and particularly those requirements relating.to public notice and hearing; WHEREAS, all applicable substantive requirements of law have been met; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. SHORT TITLE: ' ~ This ordinance shall be known as cited as the ~Collier County Zoning Ordinance for the Coastal Area Planning Dis- trict." Section 2.' INTENT Ai~D PURPOSE: 1. It is the intent and purpose of this ordinance to establish and adopt comprehensive zoning regulations gov- erning the ~se Of land and waters in the Coastal Area Planning District of Collier County. The regulations set out are based on a comprehensive plan for futur~ development of the area, and are enacted to protect, promote, and improve the public health, safety, comfort; order, appearance, con- venience, morals and general welfare of the =esi~dents of the area and of the County. 2. It is intended by this ordinanc~ to acco~plish and to provide for efficiency and economy in the process of future development and redevelopment; appropriate use of land; preservation, protection, conservation, and develop- ment of the natural resources of land, water and air; con- venience in circulation of traffic for the transport of people, goods, and commodities, protection of persons and property in floodways and flood plains; healthful and con- venient distribution of population; adequate and contin- uously maintained public facilities and utilities; pro- motion of amenities, both public and private, to maintain and improve the quality of life fqr all residents; and development in accord with the comprehensive plan. 5,= 855 r [1213 Secfion 3. DEFINITIONS: ~'.. 1. General: For the purpose of this zoning or~inance, certain terms or words used herein shall be interpreted as follows: A. The word er~ includes a.firm, association, . organization, partnership, trust, .company, or corporation as well as an individual. B. The present tense includes 'the future tense, the singular number includes the plural, and the plural' number includes the singular. C. The word shall is mandatory; the word may is permissive. ' D. The words.used or occupied includes the words intended, desi~ned, or arranqed to be used or occupied. E. The word ~o~ includes the words p!o~, parcel, or tract. F. The word structure includes the word building as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring constrt~ction or erection on the ground. G. The word hand includes the words water, marsh, or swamp. H. Terms not defined shall have the meaning cus- tomarily assigned to them. Abuttin~ Prgpertiesz Abutting properties are properties h~ing a boundarY line or a portion of a boundary line in common with no intervening public street. Acceptable Environmental Alteration: 2~n ac- ceptable envir0nmental'altera~iOn is an alteration in the natural environment by the process of development that rea- sonably safeguards the environmental quality of the area as determined by the Board after public notice and hearing and consideration of the impact of a proposed environmental alteration upon environmental quality. Accessory. Use or Structure: An accessory use or structure is a use or structure bfa nature customarily in- cidental and subordinate to the principal use or structure and, unless othe~¢ise provided, on the same premises. On the same premises with respect to accessory uses and struc- tures shall be construed as m~aning on the same lot or on a contiguous lot in the same ownership. Acre: An acre is an area containing 43,560 square feet ~-~ area. Gross acreage is the total area of a lot or parcel of land measured within the perimeter .(, boundaries of the lot or parcel. Net acreage is the total area of a lot or parcel measured within the perimeter boundaries of tho lot or parcel but with the area.of roads and canals right-of-way excluded. ~11~: An alley is a public or approved private way Which ~f'~-~ only a secondary means of access to abutting property and which is.not intended for general traffic circulation. Al~.eration: Alter or alteration means any change in size, shape, occupancy, character, or use of a building or structure.. Area of Environmental Sensitivity: An area of environmenta~ sensitivity is an area of land and/or water where change in the area resulting from development may degrade the environment of the area below permissible State, Federal, or County standards. An area of environmental sensitivity may be developed, but only in accord with the provisions of this ordinance and applicable State and Federal standards. Automobile Offstreet Parkinq Space: See Park- ing Space, Offstreet. Automobile Service Station: An automobile 'service station'is an establishmen~'w~ose principal business is the retail dispensing of automobile fuels and oil. Automobile Wreckin or Automobi~e Wreckin Yard: The term automobile wrecking or an automobile wrecking yard shall mean the dismantling, crushing, shredding, or disassembling of used motor vehicles or trailers, er the ~torage, sales, or dumping of dismantled, partially dis- mantled, obsolete, or wrecked vehicles or their parts.. Bar, Cocktail Lounge, or Saloon: A bar, cock- tail lounge, or saloon ~-~ any establishment devoted pri- marily to the retailing and on-premises consumption of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public ways is exhibited or displayed indicating that alcoholic beverages are ob- tainable for consumption on the premises. Boarding Mouse: A boarding house is an esta- blishment with lodging for four (4) or more persons where meals are regularly prepared and served for compensation and where food is placed upon the table family style, with- out service or ordering of individual portions from a menu. Block: A block is the length of a street between the intersections of that street with two other streets. A block, according to the context, may also be a parcel or parcels of land surrounded by public streets (other than alleys) or other physical barriers such as a watercourse. Board: ' Board means the Board of County Com- missioners o~--~-flier County, Florida. Boathouse, Private: A private boathouse is an accessory use to a resi~en~ia~ structure adjacent to a waterway, providing space for the housing of a boat and accessories customary'thereto. A private boathouse may not be used for the purpose of human habitation. Boathou~e~ Commercial: A commercial boathouse is a buildin~ wh"re, 'for ~ fee,~boats are housed, launched, hauled, repaired, serviced, maintained, or stored. Boatyard and Way: A boatyard and way is a pre- mises used as a commercial establishment for the provision of all such facilities and services as ~re customary and necessary to the construction, reconstruction, or repair, maintenance, or sale of boats, marine engines or marine equipment,'and supplies including, but not limited to, rental of covered or uncovered boat slips or dock ~pace, unenclosed or enclosed dry storage space, marine railways, or lifting or launching devices. Buildin~: A building is any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This defini- tion shall include tents, awnings, cabanas, or vehicles situated on private property and serving in any way the function of a building but does not include ~creened enclosures not having a roof impervious to weathJr. Buildable Area: Buildable area means the portion of a lot or p~r~el r~mai~ing after required yards have been provided. Buildings may be placed in any part of the buildable · area, but limitations on the percentage of the lot that may be occupied by buildings may require open space within the buildable area. Building, Hgight of a: The vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the under side of the ceiling beams, in the case of flat roof; to the deck line of a mansard roof; and to the average level of the under side of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no curb level has been 6 established, the height of the building may be measured from the mean elevation of the f~nished lot grade at the front of the building. Building, Frontage of a: Frontage of a build- ing is that side of a building that faces toward the princi-' pal road, street, highway, or'public way serving the building. In'cases where this test is ind~terminate or cannot be ap- plied, 'as for instance where there is a diagonal corner entrance or where two sides of a building have entrances of equal importance and carry approximately equal volumes of pede- strian or automotive traffic, the Director shall select build- ing frontage on the basis of interior layout of the build- ing, traffic on adjacent streets, or other indicators avail- able. Building Line: The bdilding iine is the inner- most edge of any required yard or setback, as the case may be. Except as specifically provided by this zoning ordi- nance, no building or structure may be extended to occupy any portion of a lot streetward or otherwise beyond the building line. Eaves and overhangs may project a maxim~ of 24 inches into any required yard. 1 Bu%lding Site.: A building site is the lot or portion of aL I°~ o~ 10~s used for a structure, the total area of which site is ascribed to the building or structure for compliance with this zoning ordinance. Cafeteria: See Restaurant. Carport: A carport is an accessory structure or portion of a PrinciPal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the grou~nd to the roof on at least two sides, and signed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it .is accessory.. Chan~e of Occupancy: 'Change of occupancy means the discontinuance of an existing use and.the substitution therefore of a use of a different kind or class. Change of occupancy is not intended to include a change of tena~t~ or proprietors unless accompanied by a change in ~he type of use. Child Care Center: A child care center is an establishment where three (3)' or more children, other than members of the family occupying the premises, are cared for away from their own home by day or night. The term includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes. Church: See Mquse of Worship. County: County means the County of Collier, Florida. Clinic~ Medical or Dental: A medical or den- tal clinic is an establishment where human patients, who are not lodged overnight are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be med- ical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such pro- fession, the practice of which is regulated by the State of Florida. A public clinic is one operated by any govern- mental organization for the benefit of the general public. All other clinics are private clinics. ' ' Club, Private: Private club means and includes those associa{~°ns and 'organizations of a fraternal or so- cial character, not operated for profit, and to which. public access or use is restricted. The term private club does not include casinos, nightclubs, bottle 'clubs, or other similar establishments operated or maintained for profit. , Club, Night: A night club means a restaurant, dining room, bar, or other similar establishment, providing food or refreshments wherein paid floor shows or other forms of paid entertainment are provided for customers as & park of the commercial enterprise. Cjuster Housing: Cjuster housing consists of two (2) or mpre dwelling structures, each containing one or two (2) dwelling units, with no dwelling unit located above another dwelling unit, on a parcel of ground in single ownership at the time of development, with frontage on a public street or approved private street. Peripheral yards for the total parcel or lot shall be as for single or multiple family dwellings in the district in which the cjuster housing is to be erected. Coastal Area Plannin~ District: The Coastal Area Plan.ning District, to which this zoning ordinance applies, was legally constituted by Resolution of the B~ard of County Commissioners on I 1976.~' Mor~ specifically, the Coastal Area Planning District includes all of the unincorpor- ated portions of Collier County except the following areas: Township 46South, Ranges 28East, 29 East and 30East; and Town- ships 47 and 48 South, Ranges 27 East through 30 East; and Town- ship 49South, Ranges 28 East through'.. 34 East. · Comm-rcial Fishery: A commercial fishery is a premises, structure, or site used as commercial establishment for the receiving, processing, packaging, storage, and wholesale or retail distribution and sale of food products of tho sea. Such a premises, structure, or site may include facilities for the docking, loading and unloading, fueling, icing, and provisioning of vessels and.for the drying and maintenance and storage of nets, buoys, traps, and fishing equipment, including boats used in the activity. Commercial Vehiclez Any vehicle that has rated load capacity of one ton or mora and is u~ed in conjunction with a commercial or business activity. Completel~ Enclosed Building: A completely enclosed buil~in~'is.a.building separated on all sides from adjacent open spacm, .or from other, buildings.or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. Conditional' Use Permit: See Provisional Use.. Contiguous Property: See-Abutting Property . Constructionr Act6al: Aatual construction includes the placing of ConstrUCtion materials in .permanent position and fastened in a permanent manner; except that where demolition, excavation, or'removal.of an existing structure Pas been substantially begun preparatory to new'construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work.shall-.be continuously carried on until the completion of the new construction involved. Fill and the installation of drainage facilities shall be considered a part of construction.' Actual .construction shall include only work begun under a valid building permit. Convalescent Home: See Nursing Home. ~ooktng Facilities: Facilities for the day-to-day storage; cleansing and preparation of food and shall include but not be limited to~ a stove, a refrigerator, and a sink. Where these facilities'are all'built'into one unit by,the manufacturer,:~or~whmre ~hey'constitute less.:than sixteen' (16) square'feet'of'floor'area% they'shall'not'be considered cooking -9- ' Coverage of a Lot by Buildings: The coverage of .~ a lot by buil ln~-~i's that pgrcentage Of lo't area that is.. covered or occupied by buildings, including accessory buildings, >. or that percentage of a lot that may be covered or occupied by ~ buildings, including accessory buildings, under the terms of this zoning ordinance. Court: A court is an open space, other than a required yard,---~--the same lot with a building which is bounded · on two or more sides by the walls of such building. A court can contain shrubs, statuary, trees, and yard furniture. An interior court is a court enclosed on all sides by the walls of a building or by walls and lot lines on which walls are permitted. An exterior court is a court opening oh any front,' side, or rear yard. Day Nursery: See Child Care Center. Density! Gross Residential: Gross residential density means"the number of residential dwelling units permitted per grqss acre of land by this zoning ordinance. In the determi- nation of the number of residential dwelling Units to be permitted on a specific lot or parcel of land, a fractional unit shall not entitle the applicant to an additional dwelling unit; and '" Density~ Net Residential: Net residential density means the number of residential dwelling units permitted per net acre of land by this zoning ordinance. In the determination of the number of residential dwelling units to be pelnmitted on a specific lot or parcel of land, a fractional unit shall not entitle the applicant to an additional dwelling unit. Depth of a Lot: See Lot Measurement, Depth. Director: Director is the Director of the Depart- ment of Community Development of Collier County, Florida. The Director is charged with the administration of this zoning ordinance. Drive-In Restaurant or Refreshment Stand: A drive-in restaurant or ~e'freshment ~tand is any pla6e or premise where provision is made on the premises for the selling, dispensing or serving of food, ~efreshments, or beverages in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises and/or in other than a completely enclosed.building on the premises. A restaurant which provides drive-in facilities of any kin~ in connection with regular restaurant activities'shall be deemed"'a drive-in restaurant for purposes of these zoning regulations. A barbecue '%rand or pit having the characteristics noted in this definition shall be deumed a drive-in restauraht. Drive-In Bank '(bt Financial Institution):. A drive- in bank or financial institution provides drive-in t~lle3 ser- vice, where the patron makes withdrawals or deposits or other financial services without departing from his automotive vehicle. Drive-In Theatre: 'A drive-in theatre is a place of outdoor assembly used for the showing of plays,.operas, motion pictures, and similar forms of entertainment which is designed to permit ~he audiences to view the performance from vehicles parked within the theatre'enclosure. Drive2In'Busine~s: A driv~-in business is an establishment, other that a drive-in restaurant or'refresh- ment stand, a drive-in bank or financial ~nstitution, or drive-in theatre, where a patron.is provided products or services without departing from his automotive vehicle. Dwelling~ Generally: Dwelling, generally, means any. building, or part thereof, occupied in whole or in part, as the residence of living quarters of one or more persons, permanently or temporarily, continuously or tran- siently, with cooking and sanitary facilities. ' Dwellin~ One Family or Single Family: ~ one family or single family dwelling is a building containing only one'dwelling'unit. For regulatory purposes the term is not · to be construed as including mobile homes, travel trailers, housing mounted on motor vehicles, tents, houseboats, or other forms of temporary or portable housing. Dwelling~ Multiple Family: A multiple family dwelling is a building Containing tw© (2) or more dwelling unit~ Dwelling~ Multiple Dwellin9 Use; For purposes of determining whether a lot is in multiple dwelliDg use, the fol- lowing considerations shall apply:. a. Multiple dwelling use~ may involve dwelling units intended to be rented and maintained under central owner- ship and management or =ooper~tive apDrtments,, condominiums, an~ b. Where an undivided lot contains more than one building add the buildings are not so located that lots and yard~ conforming to requiremehts.for single or multiple family dwell- ings in the district could be provided, the lot shall be con- sidered to be in multiple dwelling use if there are two (2) or more dwelling'units o~ the lot, even though the individual buildings may each contain less than two (2) dwelling units. c. Servant's quarters shall not be considered as dwelling units in the'c~mputation of (b) above. d. Any multiple dwelling in which dwellin units are.available for rental for periods.of le~s than one week 11 5,= B2 . be considered a tourist home, a motel, motor hotel, or hotel as the case may be. Dwelling unit: A dwelling unit is a room 6r rooms connected together, constituting a separate, indepen- dent housekeeping establishment for a family, for owner occupancy or for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one kitchen. Environmental Quality: Environmental quality is the character or degree of excellence or degradation in the total essential natural resources of the akea as mea- sured by the findings and standards of the physical, natural, and Social sciences, the arts and technology, and the quantitative guidelines of Federal, State, and County government. Erected: The word erected includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavation fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. (See Construction, Actual). Family: ' One or more'persons occupying'a single dwelling unit, provided, that unless all members are related by law, blood, adoption, or marriage, no such family shall contain over four (4) persons, but further provided that do- mestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The te~m family shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group. Filltn~ Station: See Automobile Service Station. Flood Plain: The flood plain is'that low-lying land that will be covered by the flood waters of a watercourse as a result of a twenty five (25) year storm. Floodway; A floodway is a channel, whether man-made or natural, for diverting flood waters. · Floor Area: Floor area is that area withing a building havih~ a roof"impervious to weather and accessible from the interior of the building, which i~ ~ithin a completely encolsed building. For purposes of this ordinance , attics with a headroom of le'ss, than seven (7) feet, basements or basement space where the ceiling is not more than an average of forty eight (48) inches above the general.finishe~ and 12 -. graded level of the adjacent portion of the lot, garages, porches, patios, carports, unenclosed stairs or fire escapes, elevator structures, cooling towers, and parking structures are not to be considered as floor area. Fronta~.e of a Building: ~ee Building Frontage. Frontaqe of a Lot~ See Lot Frontage. Gara e Parkin : A parking garage is a building o portion thereof designed or used for temporary parking or motor vehicles, and within which gasoline and oils may be sold. only" to parking patrons of the garage. Gara_~ Private: A private garage is an.accessory structure designed or us~ for inside parking of private passenger vehicles, recreation vghicles, or boats, solely by the occupants.of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private ~arage is to be considered an accessory building. There can be no public shop or mechanical, service in connectinn with a private garage Garage, Repair: A r~pair garage is a building or portion thereo--~-~-, ~~an a'private, storage, or parking garage or automobile service station, designed or used for repairing, equipping, or servicing of motor vehicles. Such garages may also be used for hiring, renting, storing, or selling of motor vehicles. . ' ~ora~: A storage garage is a building or portion thereo~ designed and used exclusively for the storage'~r motor vehicles or boats, and within which temporary parking may also be permitted. ~'~ . Grade: See Building, ~etght of a. .' Guest ~ouse: An accessory dwelling unit which might or might no~ooking facilities% which is incorporated in, attached to, or detached from a princ%pai dwelling.; and which is used exclusively for the non-commercial accomodation of friends or relatives of the occupant or owner Of the principal dwelling. ~ht of.a Bui~ See Building, ~eight of a. · ' ~ome .for. the A ed: A home for the aged is a' faci for the care oz =ne age= w~=n routine nursing'and/or medical care and supervision provided. A home for the aged is in the nature of a hursing home,' but with clientele restricted to the aged. 13 Hospital: A hospital is a building or group of buildings having facilites for overnight care of one or more human patien=s, providing service~ tO in-patients and medical care to the sick.and injured, and which may include as related facilities laboratories, out-patient services, training facilities, central service facilities and staff facilities; provided, however, that any related facility shall be incidental and subordinate to principal hospital use and operation. ~.hospital is an institutional use under these zoning regulations. I{ospital~ Veterinary General~ A veterinary general hospital is any' structure or premises'used primarily and essentially for the medical and surgical care of i11, injured, or disabled animals other than humana... Hos~%tal, Veterinaryt Small Animals:' A veterinary small animal h~spital is any structur~'or' premise used primarily and essentially for the medical and surgical care of ill, disabled, or injured animals (other than humans) of no greater size than the larger b~eeds of dogs. '.. Hotelr Motel! Boate'l~ Motor Hotel, Motor Lodge, Tourist Court: The terms h6tel, motel,"boatel, motor hotel, motor lodge, tourist court, are to be considered syn6nomous and to mean a building or. a group of buildings in which sleep-accomodations are off, red to the public and intended primarily for rental to transients with daily charge, as distinquished from multiple fal~ily dwellings (apartments) and rooming or boarding houses, ~here rentals are for periods of a week or longer, and occupancy is generally by residents rather than transients. Where more than twenty-five (25%) per cent of the units in a hotel, motel, motor hotel, boa~el, motor lodge or tourist court have cooking facilities, such an operation shall be deemed a multiple family dwelling and shall be subject to this zoning ordinance as a multiple family dwelling. Motel or Motel Unit: A hotel or motel unit is & unit designed for'transient o~cupancy and utilized 'for rental purposes ohly.' A motel or hotel unit shall not have separate electric' or water meters for any of the separate units in 'the hotel or motel' A hotel or motel unit ma~ have cooking or eating-facilities, but the number of Such hotel or motel units in a hotel or motel shall be limited ~s stated in the definition of "hotel, etc.". A motel or hotel unit shall. contain bathing and ~anitary facilities~ Interior swinging or sliding doors may be installed on closets and sanitary facilities in a hotel or motel unit, but there sha'll be.ho.other doors other than those fo~ entrace or exit'to or from the unit; provided, connecting doors to other units and doors to patios or balconies are'permissible under this requirement. House of Worship: A house of worship is'a building used as a place of worship and religious education, and for customary accessory uses, by a body or organization of religious believers. 14 Junk Yard: A Junk yard is a place, structure, or lot where' J~nk, w~ste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and building material yards, hous.e~recking yards, heavy equip- ment wrecking yards, and yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shal'l not ir.~lude automo- bile wrecking and automobile wrecking yards, or pawnshops and establishments for the sale, purchase, or storage of second- hand cars, clothing , salvaged machinery., furniture, radios, stoves, refrigerators, or similar household goods and appli- ances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials in~ dent to manufacturing'activity on the same site where such processing occurs. · Kenneling= Kenneling is the keeping of a%y dog or dogs, regardless of number, for the primary purpose of breeding, boarding, or treatment, except in a general veteri- 'nary or sm=ll animal veterinary hospital, or the keeping of mo~e~' than three (3) dogs, six (6) months or older, on premises used~'i~ for residential purposes, or the keeping of more than two (2) dogs on property used for industrial, or commercial purposes. its natural State and 'scenery to con~ain or include trees, shrubs and hedges, ground covers, lawn grass, vines, and other~' vegetative specimens.so arranged as to give an aesthetic effect Loading Spacer 'offstreet: An offstreet'loading spece~ is a space logicall~ and conveniently located for pickups and/o=~ deliveries or for loading and/or unloading, scaled to delivery{ .~ vehicles expected to be used and accessible to such vehicles when required offstreet parking spaces are filled. (see Sec. Loadin~ and Unloading Sp~ce: Space reserved for pick up and delivery of goods and merchandise together with that space required for access thereto. Lot: For purposes of this zoning ordinance, a is a parcel ~f 'land of at least sufficient size to meet minimum'~. requirements o~ the zoning district in which it is located, fo~.~ use, coverage , and area, and to provide such yards and other open spaces as are herein required (provided that certain non- conforming lots of record at the effective da~e of these zon- ing regulations or their ~mendment are exempted from certain of its provisions under the terms of Section 15.2, Non-Con- forming Lots of Record). Such lot shall have frontage on a public street or on an approved private street, as set out in Section 8.6 and may consist of~ 655 a 1225 a. A single lot of record; h. A portion of a lot of record; c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record. d. A parcel of land descri~ed by metes and bounds; provided that'in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of thesl, zoning regulations. · I,o~ Fronta~ The front of an interior lot is the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets are to be considered frontage, and yards shall be as set out in this zoning ordinance. (See also Building Frontage)i Lot Measurement, D,pth: Depth of a lot is con- sidered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. ' . ~ot Measurement Width: Width of a lot shall 'be considered to be the distance ~e~ween straight lines connecting front and rear lot lines'at each side of the lot, measured across the rear of the required front yard provided, however, that width b,~ween side lot lines at their foremost points (where they intersect with the street line) shall not be less than .eight (80%) percent of the required lot width except in the case of lots on the turning ci~clu of ~ cul- de-sac, where the eighty (80%) percent requirement ~hall not apply. Lot of Record: A lot of record is (1) a lot which is par~o---6-~~tston recorded in the office of the Clerk of the Circuit Court of Collier County~ or (2) a.lot or parcel described by metes and bounds, the descrip- tion of which has been so recorded on or before the effective date of this zoning ordinance. Lot Ty~: The following is the terminology u-~ in this zoning ordinance with reference to corner lots, interior lots, reversed frontage lots and through lots. A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be con- sidered a corner lot if straight lines drawn from the foremost points of the Side lot lines to the foremost point · of the lot meet at an interior angle of less than 135 degrees. 16 655 B - interior lots, defined as a lot other than a corner lot with only one frontage on a street. C - through lot, defined as a lot other th~n a corner lot with frontage on more than one street. Through lots abutting two streets may b~ referred to as double frontage lots. D - zeversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135) tO the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D) and interior lot (B-D) or a through lot (C-D). Marina: A marina is an establishment with a waterfront loca-~n' for the refueling of watercraft u~ed for recreational and non-commercial purposes, and providing minor repair services for such craft no5 necessitating the removal of watercraft from ~e water or removal of inboard or outboard engine from the watercraft. .A marina may provide uncovered or covered storage and dry storage. A marina may include, as accessory uses, a restaurant or snack bar, laundry or sanitary facilities, motel or boats1, sundries store, and other customary accessory facilities. A marina does not include facilities for mechanical or structural repair, except as noted above, boat construction or reconstruction, boat or motor sales, dredge, barge, or other work dockage or service of any but recreational and non-commercial watercraft. Mobile Nome, A mobile home is a detached single family dwelling un~tr~fth all of the following character- istics= (a) designed foF long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation after fabrication on streets or highway~ on its own wheels, and (c) arriving at' the site where it is to be occupied as a dwelling complete, including major appliances and furni{ure,, and ready for oc- cupancy except for minor and incidental unpacking and assem- bly operations, location on Jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered as a mobile home. Mobile Nome Park: A mobile home park is a parcel of land where mobile home sites are rented or leased or offered for rent or lease for the parking of mobile homes for living'or sleeping purposes, and including any land, buildings, structures, or facilities used by the occupants of mobile homes'in the mobile home park. 17 Mobile Home.Subdivision: A mobile home subdivision ks a parcel'of land"where mobile home sites are sold or offered for sale for the parking of mobile homes for living or sleeping purposes, and including any land, buildings, structures, or facilities used by the occupants of the mobile home subdivision. Mobile Home Site: A mobile home site is.a lot or parcel of Land within a mobile home park or a mobile home subdivision which meets the requirements of this zoning ordinance and which is designated for the accommodation of not more than one mobile home. Model Home: A model home is a residential structure used for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection. Modular Home: A modular home is a dwelling'unit, constructed as a ~ota'l ~ntity, or in parts of a total en- tity, which is constructed other than on the building site and which is then moved to and erected on the building site. A modular home must be constructed to meet the standards of all Collier County construction codes and to the standards set by the State of Florida for such construction. A mobile home is not to be considered a modular home unless its maker's name appears on the approved listing of such construction of the State of Florida. (This listing is available in the Collier County Building Department). Motel: See Hotel, etc. Night Club z See Club, Night. ~on-Co~forming. Lotr Structqrer.._Use. of Landr Use of Land and Structurer Characteristics of Use~ etc.; See'. Secti'~'n Nurser~. School: See Child Care Center. Nursinq Home or Zxtend&d Care Facility: A nursing h6me or extended care fa'cil~'~ 'i~ a private home, institution, building, residence, or other place, whether op- erated for profit or not, including those places operated by units of government, which undertakes through its own- ership or management to provide for a period exceeding · twenty four (24) hours, maintenance, personal care, or nursing for three (3) or more persons not related by blood or marriage to.the operator, who by reason of illness, physical infirmity, or advanced age, are unable to care 'for themselves; provided, that this definition shall include homes offering services for less than three (3) persons where the 18 655 homes are held out to the ~ublic to be establishments which· regularly provide nursing and custodial services. (See also Home for the Aged). Occupied= The word occupied includes arranged, designed, built, altered, converted to , or intended to be used or occupied. Officer Business: A business office is an office for s~Ch aCti'vi~eS as real estate agencies, adver- tising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau (but not finance company), abstract and title agencies or insurance companies, stockbroker, and the like. It is characteristic of a business office that retail or wholesale goods are not shown to or delivered from the premises to a customer. A barber or beauty shop is not a business office. Office, Professional: A professional office is an office for the use of a person or persons generally classified as professionals, such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, psychiatrists, psychologists, and the like. It is char- acteristic of professional offices that display advertising is prohibited as unethical practice and that the use is characterized principally by offering of consultive services. Open Space, Usable: Usable open space is that portion of a lot or parcel Which can be used by the in- habitants of the property for outdoor living, active or passive activity, and/or recreation. Package Store: A package store is a place where alcoho'lic beverages are dispensed or sold in containers for consumption off the premises. Parking Area-Off-StreetI An area for the tem- porary storage and parking of motor vehicles including the area required for adequate maneuvering space, access aisles or drives thereto. Parking Space-Off-Street: An area for the tem- porary storage and parking '~f a motor vehicle, not less than ten (10) feet in width and twenty (20) feet in length, exclusive of the area required for access drives or aisles thereto. Planned Unit Development: See Section 24. Plot: ' See Lot. 19 Porch: A porch ~s a roofed-over space, with the roof impervi~us to weather, attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screen- ing shall not be considered an enclosure. A patio is an ~nroofed projection from the outsida wall of a building, without any for~ of enclosure other than open mesh screening. Private Club= See ClX, Private. Provisional Use: A provisional use is a use that ' would not be appropriate generally or without restriction throughout a particular ~oning district or c~assific~tion, but which if controlled as to number, area, location, or rela- tion to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appear- ~nce, prosperity or the general welfare. Such uses may be permissible in a zoning district or classification as pro- visional uses, if specific provision for such provisional use is made in this zoning ordinance. (For procedure in securing provisional uses, see Section 14) Public Resource=' Land, air, water and ~ildlife which is park of the public domain or which is within the realm embracing inherent right~ that belong to the community at large and in which the community shares the rights and bene- fits of such resource. Restaurant= A restaurant is an establishment where food is ordered'from a menu, prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under roof of the main structure, or in an interior court. A drive-in restaurant is not a restaurant. A cafeteria is a restaurant for the purpose of %his zoning .ordinance. (See also definition of Drive-In Restaurant). Servant's Quarters~ Servant's quarters are. dwelling units located in residential districts and utilized for domestic servants employed on the premises. Such units may be in either a principal or an accesso~'building, but no such living quarters shall be rented, leased, or otherwise be made available for compensation of any kind except in the form of housing for servants. Service Station= See Automobile Service Station. Setback Line= A setback line is a line marking the minimum distance between a right of way line, property line, bulkhead line,' shoreline, or other defined'location and the beginning point of a required yard or the buildable area, as this ordinance may require in the particular case. 2O 655 Shoreline~ On tide1 waters, the shoreline is that line between water and upland area which follows the general configuration of the mean high water line. On non-tidal waters, the shoreline is determined by the an- nual average water level. Boat slips and other man-made or minor indentations sro construed as lying landward of the shoreline and are construed as upland when computing the lot area of the waterfront property. Sl%'n= See Section 20.4 for definition ~f Sign and definitions of the various types of signs.. . Story~ A story ks that portion of a building in- cluded between a floor which ks calculated as a part of bui~ding~e floor area and the floor or roof next above it. Street= A street is a public or approved private thoroughfare w--Q~-~-c~ affords the principal means of access .to abutting property. Street includes.lanes, ways, places, drives, boulevards, roads, avenues, or other means of access, regardless of the descriptive term used. (see Collier County Land Development and Subdivision Regulations). · Structure= A structure is anything constructed or erected which requires a .fixed location on the ground, or in the ground, or attached to something having a fixed loca- tion on or in the ground. Townhouse or Rowhouse~ Townhouse or rowhouse means three (3) or more single .family structures separated by party wall~ or separated by not more than one inch from another townhouse. Trailerr Boat= A boat trailer is a whee~ed con- ~eyance drawn by' other motive power for the transportation of a single boat. Trailerr Camping or Pop-Out: A camping trailer is a wheeled conveyance drawn by othe~-motive power designed for travel, recreation, and vacation use.and which is made up ~f elements which fold~into a compact assembly for travel. Trailer~ ~orse~ A horse trailer is a wheeled conveyance drawn by other motive power for the transporta- tion of not more than four (4) horses or other ~nimals. Trailer, Lugqaqe or Utility: A luggage, or util- ity trailer is a wheeled conveyance drawn by other motive power for the primary purpose of transporting general goods, luggage, or household furnishings.. 7railer~ Travel= A travel trailer is ave. hicular, :~. 21 Dff 655 r^ [123I portable structure buil~ on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation purposes, which: (1) is identified by the manufacturer as a travel trailer; (2)'is not more than eight (8) feet in body width; and (3) is of any weight ~rovide~ its body length does. not exceed twenty nine (29) feet, or is of any length provided its gross weight, factory equipped for the road, does not exceed 4,500 pounds. Travel Trailer Park: See Section 30. Truck St oD: A. truck stop is an establishment where the principal use is primarily the refueling and servicing of-trucks and tractor-trailer rigs. Such establishments may have restaurants or snack bars an'd sleeping accommodations' for the drivers, of such over-the-road equipment and may pro- vide facilities for the repair and maintenance of such equipment. Us___~: The term use means the purpose of which land or water or a structure thereon is designated,arranged, ' or intended to be occupied or utiliz6d or for which it is occupied or maintained. The use of land or water in the 'various zoning districts.is .governed by this zoning ordinance. Use of Land or Water: The term. use of land or water includes use of ~-~, water surface, and land under water in the Coastal Area Planning District to the extent covered by zoning districts, .an.d over which the County has jurisdiction. Variance: A variance is a relaxatio'n of the terms of this zoni~ance where such variance will rot be con- trary to the public interest and where, owing to conditi6ns peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this zoning ordi- nance would result in unnecessary and undue hardship on the land. A variance is authorized only for height, area, ~'~d size of structure or size of yards and open spaces. Es- tablishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning classification or district or adjoining zoning classifications or districts. Yard Generally~ A y~rd, generally, Is a required open space, ~ther~ ~ court, unoccupied and unobstructed. by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot up- ward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment, and other customary yard 22 accessories, ornaments, statuary and furniture may be permttte¢ in any yard subject to height limitations and requirements limiting obstruotions to visibility. (For explanation as to how to measure various types of yards on rectangular and non-rectangular lots, see iljustration, page . ). . Yard Gulf: Any yard within Collier County abutting the Gulf of Mexico. · Yard Front: A front yard'is a yard extending between side lot lines across the front of a lot adjoining a street. In the case o~ through lots, unless the prevail- . ing front'yard pattern on adjoining lots 'indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keepin~ with the prevailing yard pattern, the Director may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots, full depth front yards are required on both frontages. ' Depth of a required front yard shall be measured at right'angles to a straight line Joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met with- out such rounding. Where lots in residential districts compris- ing forty (40) percent or more of the frontage on one side of a street between intersecting streets are developed with structures having an average front yard with a varia- tion of not more than six (6) feet no building thereafter erected shall project beyond the average line so establish- ed. This provision applies in all residential districts. YardSide: A side yard is a yard extending from ~he inter--r) line of the'required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the pub- lic street. In the case of through lots,.side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. "Width of a required side yard shall be measured in such a manner that the yard. established is a strip of the minimum width required by district regulations with its inner parallel with the side lot line. 23 74 OFF 655 ^.1233 ~: A rear yard is a yard extending across, the rear o= the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be mea- sured in such a manner that the yard established i~ a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. ~~ In case of irregularly shaped lots or unusual circumstances where minor variations in yards appear necessary, the director may allow smaller yards than are otherwise required in the district pro- viding that= 1. The Director allows only yards that are similar to yards required elsewhere in the same district, and in no event allows yards over twenty five (25%) percent smaller than are required elsewhere in the same district. 2. The Director allows only yards that achieve the same purpose as required yards elsewhere in the dis- trict. 3. .The irregular shape is due to conditions over which the property owner has no control. 4. There is no reasonable remedy through acquisi- tion of adjacent land. Yard Waterfront~ A water front yard is a yard required on water front p~erty with depth measured from the shore line. Waterfront property is hereby defined as property'abutting on the Gulf of Mexico, bays, bayous, navigable streams, and on man-created canals, lakes, or ' impounded reservoirs. For the purpose of this ordinance, any waterfron~ yard except Yard, Gulf shall be treated as a rear yard% 24 Section 4. ESTABLISHMENT OF ZONING DISTRICTS: PROVISION FOR OFFICIAL ZONING ATLAS. 1. Establishment of Districts. The unincorporated land and water area o-~ Coas--~Area Planning District of Collier County is hereby divided into districts or zoned as set out in Section 7 of this zoning ordinance and as shown on the Official Zoning Atlas which, together with all explanatory material shown thereon, is hereby ado by reference and declared to be a .part of this zoning ordinance. 2. Official Zoning. A. ~ ~ of the Official Zoning Atlas shall be identified by the signature of the Chairman of the Board of County Commissioners and attested by the Clerk of the Circuit Court, and ehall bear the seal of the County of Collier under the following words: "This is to certify that this is pag. of the Official Zoning Atlas referred to and~d by reference by Ordinance No. of the County of Collier, Florida, adopted , 197 ." ' B. T--~aries o--~ each district shall be shown on the Official Zoning Atlas and the district symbol or symbols as set out in this zoning ordinance shall be' used to designate each district. · 3. Chan es in District Boundaries. If, in accordance': with the provisions of this zoning ordinance and applicable provisione of Florida law, changes are made Official Zoning Atlas, such changes shall be,entered promptly on the Official Zoning Atlas after the Commissioners, with an entry on the appropriate page of the official Zoning Atlas as follows: "On Ordinance of Cowry Collier, the following' changes were ma---~-~--in the Offidial Zoning Atlas: (Brief description of nature of change)," which entry shall be attested by the Clerk of the Circuit Court. No amendment to this zoning ordinance which involves matter portrayed in the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein set out; such change shall be made within 10 working days after the date of adoption of the amendment. 4 ' Unauthorized Chan~es Prohibited. No changes of any nature s a e ma e n t e Off c al Zoning Atlae or 25 655 --_ any matter shown thereon except in conformity with the procedures set out in this zoning ordinance. Any un- authorized change of Whatever kind by any person or persons shall be considered a violation of this zoning ordinance and punishable as provided by Section 44 of this zoning Ordinance. 5. Final Authority as to Zoning. Regardless of the existence 'of purported ~opies of ~li'or part of the Official Zoning Atlas which may~from time to time be ma~e or published, the Official Zoning Atlas, ~hich shall be located in the office of the Clerk of the Circuit Court shall be the final authority as to the current zoning status of all lands and waters in the unincorporated land and water area of the coastal Area Planning District of the County. 6. Retention 'of Earlier Zonin= Maps'or Atlases. All zoning maps or atlaseS, or remainin~ po'rtion~ thereof, which have had the force and effect of official zoning maps or atlases for the Coastal Area Planning District of the County prior to the effective date of adoption of this zoning ordinance shall be retained as a public record and as a guide to the zoning status of lands and waters prior to such effective.date. This provision shall not be deemed in any manner to impair the effect or enforceability of any maps or atlases having the force or effect of official zoning maps or atlases in effect at the date of adoption of this zoning ordinance in that portion of Collier County outside the Coastal Area Planning District. 7. Replaq~ment of Official Zoning_.Atlas. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, d~s~royed, or difficult to interpret by reason of the nature or number of changes, the Board of County Commissioners may by resolution adopt a new Official Zoning Atlas, or any page or pages thereof. · The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof,' but no such correction shall have the effect of amending the original Official Zoning Atlas,~or page or pages thereof. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall he taken only on the form of an amendmen~ to this zoning ordinance. The new Official Zoning Atlas, or ~age or pages there- of, shall be authenticated as for the oriainal, with wording to the following effect: "This is to certif~ .. that this Official Zoning Atlas (or page Or pages thereof) 26 by Resolution No. date4 replaced the OffiCial Zonin~ Atla~"'(or pace or paqes thereof) adopted as part of Ordinance No. ~f the County of Collier, Florida." Un ess t_e pr or Official Zoning Atlas has been lost, or has been totally destroyed, the prior Atlas or any significant parts thereof rematninq shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. ,i Section 5. RULES FOR INTERPRETATION O~ DISTRICT BOUNDARIES. 1. District Re_~_~q~!~tions Extend to all Portions of Districts-~nde-~-~-Boundaries. Except as otherwise spec ca_ly provide--, ~-~-~.vmbols o~ names shown within district boundaries on the Official Zoninq Atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. 2. Where uncertainty~_exists as to %he boundaries of distri~-~ ~s ~ ~ the ~fficiai Zonin~ Atl. as, ~he fol_ow, ng ru es s a_ app~, A. Boundari?s ind~cated as a : roximatel.- followin~ the cente~d st~e~fchWays, al~s~ e construed as o1~ su--~~~t-~exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary, shall be inter, rated in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. B. Boundaries indicated as amDroximatelv ~ollow~n lot i ~r~-~e like ~a e construe as ~ ow ng suc. nee; prov: .e--, however, that where such boundaries are adJacen= to a dedicated street, alley, highway, or right of way and the zoning status of the street, highway, alley, or right of way is not indicated, the boundaries shall be construed ~s running to the middle of the street, highway, alley, or right of way. In the event of street vacation, interpretation shall be as provided in Sectibn 5.2[A) above. C. Boundaries ~ndicated as a.-rqximately following Clt~~y_~t__ss__a~ f e construe~ as ~~-~-~County Ttmtts. D. Boundaries indicated as follo,.~in~ railroad tracks shall ~~e.. as e nq mr._way ~etWeeH t-~ ma~ tracks. E. Boundaries indicated as followtn~ shorelines or centerlines or streams ~_ or ~ o--~ water s-~T~--~cosntrued as following such shorelines or centerlines. In case of a change in shoreline, or of the course or extent of bodies of water, the boundaries ' ~OOK e / §55 shall be construed as moving with the change, except where such moving would change the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. F. Boundaries indicated as enterin~ any body of water but' hot continuing'to in'~ersection With other zoning boundaries or with the limits of Jurisdiction of the County shall be construed as extendinq in the direction in which they enter the body of water to intersection with other zoning boundaries or with the limits of. ,.County Jurisdiction. G. Boundaries indicated as following physical, or cultural features other,than those listed above shall be construed as following Buch physical or cultural features, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, and in such case the boundary shall be interpreted in such manner as to avoid changing the zoning status of any lot or parcel. H. Boundaries indicated as paraTlel to or extensions of' features indicated in sub-ParagraPh (a) through (g) above shall be construed as being parallel to or extensions of such feature. I. Distances not specifically indicated on the Official Zonihg Atlas sh~l~ be determin~'d b~ th, scale of the map on the page of the AtIas showing the property in question. 3. Cases not covered by Section 5.2 above. In cases not covered by Sec=£~h 5.2 above, o~ wh~re the property or street layout existing on the ground is at variance with that shown on the Official Zoning Atlas, the Director shall interpret the Official Zoning Atlas in accord with the intent and purpose of this zoning ordinance. Appeal from the interpretation of the Director shall be only to the Board of Zoning Appeals. 4. Division of a Lot of Record by a Dtstri'ct Boundary. Where a district" b6undary'd~%ldes a I~ of record at the time the boundary was established, and where the division makes in~oractical the reasonable of the lot, the extension of the regulations for either portion of the lot may be permitted as a provisional use for not to exceed fifty (50) feet beyond the district line into the remaining .portion of the lot. 655 Section 6. APPLICATION OF DISTRICT RE~TLATIONS. The regulations herein.set out within each district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, or land or water. Except as hereinafter provided: 1. Zoning Affects Use or Occupancy.' No building, structureT-la~d, 6r~ter shall hereafter.be'used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in cdnformity with the regulations herein specified for the district in w~ich it is located. 2. Zoning Affects Height of Struct~ves~..Populatton Density~ Lot Coverage~ Ygr~s~ add Open Spaces. No building or structure shall hereafter be erected or altered in any manner 6ontrary to the provisions of this zoning ordinance, and especially: A. To exceed height, bulk, or floor area; B. To provide a greater number of dwelling units; C. To provide less lot area per dwelling unit or to occupy a smaller lotl D. To occupy a greater percentage of lot.area}. E. To provide narrower or smaller yards, courts, or other open spaces~ or F. To provide lesser separation between buildings or structures or.portions of buildings or structures. 3. Multiple Uqe of Req.uired Open Space P~ohtbited. No part of a required yard or Other required oP~ space, or required off-street parking or off-street'loadin~ space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in this zoning ordinance. 4. Reduction of Lot Area Prohibited. No lot or yard existing at t~e effective date of'this zoning ordinance shall thereafter be reduced in size, dimension, ,or area below the minimum requirements set out herein, except hy reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase, and the like. Lots or yards create~ after the 5 8.[ effective date of this zoning ordinance shall meet at least the minimum requirements established herein. Section 7. SCHEDULE OF DISTRICT REGULATIONS. 1. General. District regula~ions for the Coastal Area Plan~strict shall be as set out in the Schedule of District Regulations, hereby adopted by reference and declared to be a part of this zoning ordinance, as provided in Section 8 of this zoning ordinance entitled "Supplementary District Regulations," or as otherwise provided in this zoning ordinance. 2. Official Schedule, Location and Attestation. The Offict~ Schedule 0-' D~str Coastal Area Planning District shall be identified by the signature of the Chairman of the Board of the County Commissioners and attested by the Clerk of the Circuit Court and bearing the seal of the County under the following words: "This is to certify that this is the Official Schedule of District Regulations referred to and adopted by reference by Ordinance No.__ of the County of. Collier, Florida, adopted 197 " ~~ficial Schedule of District Re.qulations shall be located in the office of the Clerk of the Circuit Court; this schedule shall be the final authority as to the current status of district regulations. 3. Chan es~al Schedule of District ~.. T ~tions is subject to amendment in the same manner'as any ~ther portion of this zoning ordinance. Matter proposed to be amended shall be identified by reference to the Sheet, district line, column, and (if applicable) paragraph numbers of the Schedule. If, in accordance with the provisio~s of this zoning ordinance and applicable provisions of Florida law, changes are made in the provisions of the Official Schedule of District Regul~tions, such changes shall be entered promptly on the Official Schedule after the amendment has been approved by the Board of County Commissioners, with an entry as follows: "On by Ordinance No. of the County of~ . following changes were made Tn the Official Schedule of District Regulations: (Brief note of nature of change)," which entry shall be attested by the Clerk of the Circuit Court. No amendment to this zoning ordinance which involves matter portrayed on the Official Schedule of District Regulations shall become effective until such change and entry has been made in the manner herein set 32 655 out; such change shall be made within 20 working days after date of adoption of the amenc%nent. 4. R_~placement of Official Schedule of District ons. At any time the 'Official Schedule of ~gulations becomes lost, damaged, destroyed, or difficult to interpret by reason of the nature or number of changes, the Board of County Commissioners may by resolution adopt a new Official Schedule of District Regulations which shall supersede the prior schedule. The new Official Schedule of District Regulations may correct errors or omissions in the prior Schedule, but no such correction shall have the effect of amending the originalOfficial Schedule of District Regulations. 5. Districtsl Districts for ~he COastal Area Planning ~as shown on the Official Schedule of Zoning Regulations and as delineated on the Official Zoning Atlas, are as follows with titles and abbreviations for symbol purposes as indicated: RS-1,2,3,4 RM-I,I-A,2 PUD RT Single Family Residential Multiple Family Dwelling Planned Unit Development' Residential Tourist Fishing Village Residential M~SD Mobile Home Subdivision Mobile Rome Rental Park PC Professional Commerctal CC GRC CI Convenience Commercial General Retdtl C~mmercial 'Commercial Indu~t~ial Industrial GC Golf Course TTRV Travel Trailer Recre~tional Vehicle CD Campground 33 III §55 Estates A Agriculture 6. Definitions of Groupinqs of Various Districts ' A. ~r~-the phrases'" ~11 residential districts", "residential districts", "zoned residentially", or "residentially zoned", or phraseolo.cs, of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: RS-l, RS-2, RS-3, RS-4; RM-1,RM-1A, RM-2; MHSD: MHRP= RT= and FUR Districts. 'B. Where the phrases "commercial districts", "zoned commercially", "commercially zoned", "commercial zoning", or phraseology of similar intent are usea in this zoning ordinance, the phrases shall be oonstrued to include: PC; CCI GRC Districts. ~. Whero th~ phra=eu "in~us~rial districts", "zoned industrially", "industrially zoned", "industrial zoning", or phraseology of similar intent are used in this zoning ordinance the phrases shall be construed to include~ CII I Districts D. Where the phrases "agricultural districts," "zoned agricultural," "agriculturally zoned," "agricultural zoning," or phraseology of similar intent is used in this. zoning ordinance, the phrases shall be construed to include= A; ~ Districts. 7. Unauthorized Changes Prohibited. No changes of any naturm ahall"be ~ade in the official' Schedule of District Regulations or any matter shown thereon except in conformitywith this zoning ordinance. Any unauthorized change of whatever kind by any per.on or persons sh~.11 be considered a violation of this zoning ordinance and punishable as provided by this zoning ordinance. 8. Final Authority of Official Schedule. Regardless of the existenCe Of P~6rt~d copies of all or part of the Official Schedule of District Regulations which may from time to time be published or reproduced, the Official' Schedule of District Regulations which shall be located in the office of the Clerk of the Circuit Court shall be the final authority as to the regulations applicable to the various zoning districts herein established. 34 Section 8. SUPPES~NTARY DISTRICT REGULATIONS 1. Visibilit- at'Intersections in All Zoning Districts: On a corner lot in all zoning distri6ts, no f~ce, wall~ hedge, planting, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of three {3) feet and eight (8) feet aboge the center- line grades of the intersecting streets in the area. bounded by the street lines of such corner lots and a line joining points along said street lines forty (40) feet from the point of intersection. Parking is prohibited in this area. Trees' are permitted, so long as the foliage is cut away and main- tained within the three (3) and eight (8) foot clearance requirement. Posts for illuminating fixtures, traffic control, and street name signs are permitted, so long as the sign or equipment is not Within the prescribed clear space. 2. Loc.at~onofAccesso --Structures: Accessory structures must be constructe~ simultaneously wlt~ or following the con- struction of the principal structure and shall conform with the following setbacks and building separ~ti0ns: ACCESSORY STRUCTURES Non ~aterfront Lots - Non Golf Course Lots FRONT REAR SIDE 1. Parking Garage- single Family 'SPS 2. I Story Parking Structures-P~! Multi-Story Parking Structures-~4 35' RS and Duplex- Swimm/ng Pool Screen Enclosure 5. Swimming Pool- P~ & Commercial 35' 6. Tennis Court~- Private RS & Duplex ePS ?. Tennis.Courts ~{ & Commercial Utility.Buildings SPS Chickee, Bar-B-Que Areas SPS 10' ePS 35' 35' ePS 35' SPS SPS 15' SPS SPS 10' SPS 20' 15' 15' ePS 35' 20' 15' 10' SPS 10' eps STRUCTURE "TO STRUCTURE "(i~. de ta~he~d[) 10' N N N 20' 10' 10' FRONT REAR SIDE STRUCTURE 10. Attached Screen Porch RS N/A 10' SPS SPS 11. N=None NA-Not Applicable Unlisted Accessories SPS SPS SPS BPS SPS-Calcul~ted same as Principal Structure *1/1- //foot of accessory height ' 1/foot of building separation ACCESSORY STRUCTURES On $~aterfront Lots ~nd Golf Course Lots FRONT REAR SIDE STRUCTURETO STRUCTURE 1. Parking Garage- .Single Family SPS SPS 2. 1 Story Parking Structures-RM . 35' . BPS 3. Multi Story Parking Structures-PM 35' SPS RS and Duplex- Swimming Pool BPS 10' Screen Enclosure SPS 5. Swimming Pool RM & Commercial 35' 6. Tennis Courts- Private RS & Duplex SPS 7. Tennis Court~ ~4.& Commercial 35' 8. BOat Houses .(Private) SPS 9. Utility Buildings - Ch~ckee', Bar B Que. SPS 30' 15' 35' NA 87 BPS 10' SPS 10' . SPS N SPS N 15' N SPS 15' SPS 20' SPS 10'~ 10. 11. STRUCTURE TO FRONT REAR SIDE STRUCTURE ...... (i~.d~..ta6~ed) Davits NA NA SPS SPS Attached Screen Porch - RS NA 10' SPS SPS 12. Unlisted Accessories SPS SPS SPS SPS N-None Sps- Calculated same as Principal NA-Not Applicable Structure *l/l-l/foot of accessory height - '1 1/foot of building separation 3. Exclusions from Height Limits: The height limitations contained n t e Sc edu e ~f District Regulations do not apply to spires, belfries, cupolas, flagpoles, antennas, water tank~, fire towers when operated by a branch of government, ventilators, chimneys, feed storage ~tructures, 'or to other appurtenances usually required to be placed above the roof level and not intended for human occupancy or to airport control towers; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight-approach zone of airports. 4. Exclusions From Hei ht Limits-Off Street Parking Within a ul n : n ns ances w ~r~0ff'str~et parkin-~- is provided within the primary building, the Director may waive the maximum height requirements to the extent necessary to permit off-street parking within the primary building; provided, the number of off-street parking space required by this ordinance for the use involved may not be reduced, nor may the waiver in height be greater than that necessary to provide for the off-street parking within the primary building. 5. Bui%din s to ~ave_Access: Every building here- after erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. No dwelling shall be erected on a lot, or portion of a lot meeting the requirements of this zoning ordinance, which does not abut on at least one public street or approved private street for at.least twenty (20) feet. 6. Use of R~sidentially Zone ProDert~ for Access: No lot or'~xs res ant a y zone s a e used 36-1 655 i i1247 for driveway, walkway, or access purposes to any land which is non-residentially zoned, or used for any purpose not permitted in a residential district except for ingress and egress to a use existing at the effective date of this ordinance which does not abut on a street. 7. Parkin~t Stora~et or 6se of Major Recreational ~, Major r~creat~onal equipment i~ hereby'defined ~s--tnb-lud-ing boats a~d boat trailers, travel trailers, pickup campers or coaches (deigned to be mounted on motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping. purposes when parked or stored on a residentially zoned lot or in any location not approved for such use. Major recreational equipment may be parked, or stored only in a rear yard or in a .completely enclosed building or carport "or on davits or cradles adjacent to waterways" on residentially zoned property; provided, however, that such equipment may be parked any- where on residential premises for not to exceed twenty-four (24) hours during loading and unloading. 8. Parking of Commercial Vehicles in Residential Areas: A. It shall be u~l~wful to park a commercial vehicle on any lot in a residential zoned district unless one of the follo~ing conditions exist~ (1) The vehicle is engaged in a construction ~service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been completed. (2) The vehicle is parked in a garage, carport, or fully enclosed structure and cannot be seed from the street serving the lot. (3) The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening . .which conceals the vehicle from the view of his neighbors.' (4) Automobiles, vans, pick-up trucks having a rated load capacity of.less than one ton, shall be exempted from this ordinance. · 9. Movin~ of Buildings of Struc.tures: No building or structure shall-be moved from one lot to another lot, or moved to another location on the same lot, unless sudh building or structure shall thereafter conform to all of the applicable provisions of this zoning ordinance and to all other applicable regulations, including but not limited to construction codes, of the County. 10. Essential ~ervices: Essential services are hereby 37 defined to include and be limited to water, sewer, gas, telephone, cable television, teiephone and electrical distribution systems add lines as well necessary for performance of these services. ~~1 b. permitted as prc~isional uses ' Electric or gas generating plants, electric transmission lines, sewage treatment plants, water pumping or water aeration or treatment plant, cable vision reception tower and accompany- ing structures, and similar facilities. This Sub-~ection shall not be deemed to include the erection of structures for commercial'activities such as sales or the collection of bills in districts from which such ~ctivities.would. otherwise be barred, nor shall this provision permit any facility'requiring the storage of automotive vehicles overnight. Under this sub-sectio~, where' structures are involved other than lines or cables, such structures shall conform' insofar as.possible to the character of the district in which they are located'as to architecture and landscaping, with utilization of screening and buffering compatible with the district. Unless listed as a provisional use, all essential services shall be considered permitted uses in any district. 11. Waterfront Pro ert_-~ ' · A. Calculation of Area for Dwellin~ Unit Density Pur~~ Land lying waterward of the shoreline, as defined by S~ton 3, shall not be calculated as a part of a lot in determining minimum lot or yard requirementst except as may be otherwise provided in this zoning ordinance. In the event a. dike, sea wall, or other facility designed to prevent the intrusion of water is pr6vided to protect the lbt or yard area, the Director may approve such construction upon a showing th=t the proposed const~uction is adequate to preveDt flooding and 'the undermining of foundations;.appeal may be had to' t~e ~oard of Zohing'A~peals. 'Lot area'upland from such construction shall be counted in determiDing lot area and yard requirements. B. Minimum Waterfront Y~rd-Gulf~ No structures shall be mrecte--~no excav~-~e permitted seaward of the Gulf of Mexico Coastal'Construction Setback Line established by the State of Florida. 12. Locational Reetric~tonsfor Use Involvin- Intoxicatin Bevera esm -- A.~Alcoholi~~ The sale of alcoholic bevera-~ o~-~consumpt on on premises will not be permitted.at any location until such location h~s been 3B approved by the Board of County Commissioners. Prior to action by the Board of County Commissioners, tke Planning Commlssion shall hold a public hearing'.and make a recommendatio~ to the Board of County Commissioners. Prior to. recommending a location for a sale of alcoholic beverages for consumption on premises at any location, th~ Planning Commission shall find that the following requirements have been met: (1) No such use shall be locates within five hundred (500) feet of any established school,church, or public park, or' The distance of five hundred (500)' fe6t shall be' measured as the shortest distance between the lot on whick the school, church, or public park or playground is located and the lot on which the. alcoholic beverages are to be sold... (2) No such use.shall be located Wi%kin five' hundred (50'0) feet of any existing establishment (~xcluding. those listed in B below) which sells alcoholic beverages. ~or consumption on premises. J The distance of five hundred [500) feet shali be measured as the shortest distance between th~ lot ~n whick the existing establishment is located and the lot on whick 'the alcoholic beverages are to be sold. (3). The use will be compatible with. t~ surroundiDg uses of the neighborhood. (4) That any huisance or hazard feature involved are adequate for the use. (5) That excessive traffic will not be generated on residential streets. (6) That the lan~ and/or ~uilding~ involved are adequate for the use. B. Restaurants, motels and hotels with one hundred (100) or more guest rooms, private clubs, golf clubs, country clubs, civic and fraternal clubs may serve alcoholic beverages for consumption on premises when such service is incidental to the main use and for the exclusive use of the members, tenents and/or guests of the facility. 'C. Any restaurant, hotel, motel or o~her commercial establishment herein licensed to sell any alcoholic beverage shall upon w~itten demand of the Director make or cause to be made under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. 13.. Automobile Service Stations: The following regulations'' apply to the location,layout, drainage, operation, fencing, landscaping, parking and permitted sales and service activities of automobile service stations: A. Lot Size - Minimum 18~000 Square Feet: (1) Minimum Front~'ge: An automobile serg~ce station shall not be located on a lot with less than 150 feet frontage on a dedicated street or highway. (2) Minimum Depth: 120 feet. 39 B. Minimum Yards: '(1) Front Yard Setback - Fifty (50) feet (2). Sid~ Yard Setback - Forty (40) feet (3) Rear Yard Setback - Forty (40) feet (4) ' Canopy - Ten (10) feet beyond pump setback line. C. Gasoline Pum .s: kll gasoline pumps shall be located not less than.thirty (30) feet from any lot line; and shall be so arranged that motor vehicles shall not be supplied or serviced while parked upo~ or ovgrhanging any public sidewalk, street, or right-of-way. . . D. Driveways: All driveways providing ingress and egress from a~o~oq~ile service station shall be no more than thirty (30) feet wide. No more thah one (1) curb cut shall be permitted for each fifty .(50) feet of frontage 'or major fraction thereof, along any street, road, or highway. (2) All lots located at interjecting streets must comply with the State Department of Transportation Standards for curb openings and driveways.' (3) No driveway shall be located nearer than thirty (30) feet, as measured along'the property line, to any other'driveway giving access 6o or from tho same automobile service station. (4) No alley shall be used as a primary means of ingress or egress. 4O 93 III :65'5 E. Entrance and ~xit~ No automobile service station shall-~ave an entrance %r exit for vehicles within two hundred (200) feet along the same side of a street of a school, public playground, child care' center, church, hospital, public library, or any . institution for dependents or ~or children, except where such property is in another block or on another street which the lot in~question does abut. F. Fence Requirements~ If an automobile service station a~ res~tial district, a wall of solid decorative material five (5) feet in height or a wall of landscaping (see Section 8 Paragraph 21') must be provided and properly maintained.. If the station is separated from the residential zone by an alley, then the wall shall be erected along the alley lot line also. In addition, all outside trash areas for used tires, auto parts, and other items shall be enclosed on all sides by a five (5) foot decorative fence or wall which shall conform to all setback regulations. All walls and buildings shall be protected by a fixed barrier to prevent vehicles from contacting wall. G. Vehicle Sales~ There shall be no vehicle sales conduct~mises. H. ~~ The entire lot, excluding area occupied ~y~a-b~ilding, shall be properly drained and hard surfaced with concrete or plant mixed bit~minous material, except for the required landscaped areas. I. Parkin- Area~: Parking areas will conform to the provis~~on 18 of this Ordinance. At no time shall repairs be performed in parking areas. J. ~: A minimum of twenty (20). percent of the lot ar~a shall be landscaped, with a minimum of three (3) percent landscaped per lot side. K. General: In addition to the rgtail dis- pensing of au%-6~e fuels and oil, the following services may be rendered and sales made and no otheT~. (1) Sales and servicing of spark plugs~ . batteries, distributors and distributor parts; (2) Sales, servicing and repair of tires but not recapping or regrooving; (3) Replacement of waterho~es, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, and the like; (4) Provision of water, anti-freeze, and the like. (5) Washing and polishing and sale of automotive washing and polishing materials, but this provision does not permit car laundries; ' (6) .Providing and repairing fuel pumps and lines; 655 '(7) Minor servicing and repair of carburetors~ (B) Emergency.wiring repairs; (9) Providing repair of brakes; (10) Minor motor ndJustments not involving removal of the head or crankcase;. (11) Greasing and lubrication~ (12) Sales of cold drinks, candie~, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation; . (13) Provision of road maps and other · information; (14) No mechanical work shall be allowed outside of the enclosed areas~ (15) Merchandise shall not be'disp~ayed outside of the enclosed area except on the pump islandr (16) No automobile service station shall be permitted where any oil drainage pit or visible appliance for any such purpose other than refueling cars is located within twenty (20) feet of any street right-of- way or within forty-five (45) feet of any residential district except where such appliance or pit is located within a wholly enclosed building; (17) 'Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, operation of a commercial parking lot Or commercial garage as an accessory use, or other work involving undue noise, glare, fumes,. smoke, or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale o* automobile vehicles, a repair garage, a body s~op, a' car laundry, or a truck stop. 14. Fallout Shelters. . e n t one. (1) An above ground fallout shelter is on--above the natural grade of the property, excepting the foundation. (2) An underground fallout shelter is one entirely below the natural grade of the property, excepting vents not to exceed thirty- six (36) inches in height and entry ways not to exceed thirty-six (36) inches in height when in open position. No fallout shelter may be erected on any lot on which there is not a principal structure. A building permit is required for all permanent fallout shelters. B. Location. One family fallout shelter per lot is permitte~y single family zoning district. 42 After public notice and hearing by the Planning Commission and approval by the Board, community shelters may be constructed In other residential districts. Display shelters for sale~ demonstration purposes are permitted in commercial and industrial zoning districts only and may not be occupied for living purposes. C. Specificat~ons. All fallout shelters shall be constructe~-'~-6 ~tions of types approved by or in accordance with plans issued ~y the Office of Civil Defense. D. Setbacks.' Above ground fallout shelters are not permitted ~n front yards and are considered as accessory uses and must meet the requLred setbacks for accessory uses in the district in which such shelter is located. A fallout shelter may be attached to a principal building, provided it meets the same yard and setback requirements as the principal structure. Underground fallout shelters may be located anywhere on the property' in question, except in a required front yard; provided, the entrance to the shelter and the vent pipes or 'stacks are the only portions which are above ground or above the normal grade level. E. UtilizatioR. Fallout shelters are for emergency use only. They shall not be used for, dwelling purposes except in emergency and then only'by the occupants of the principal building. F. Landscaping. All fallout shelters shall be landscaped so as to not to appear obnoxious or detrimental to the neighborhood. .' G. Temporary Fal~ogt Sheltgrs. In the case of single fam'ily dwellings only, a temporary fallout shelter may be constructed outside of but attached to the dwelling unit during a period of international tension. The design and construction must me in accordance with plans prescribed by the Office of C~vil Defense and is subject to inspection. A special permit must be obtained from the Director prior to construct£on of ~ temporary shelter. Temporary shelters must be removed from the premises within thirty (30) days after the end of the period of international tension. Failure' to do so is a violation of this zoning ordinance. ,15. Base Setback '.~ine Require~nts. Base setback line~ are' 6stabli6hed' for certain streets (as se% out in this subsection or in a separate base setback line ordinance). Ail required yards'set out in this zoning ordinance are to be measured from such Base setback lines. Where no yard requirements are set.out for a zoning district, no portion of a structure, apmurkenances thereto, sign, canopy, or parking area shall intrude streetward beyond the base setback line, except as 43 specifically provided by this zoning ordinance. In all commercial and industrial districts, no building or other structure shall be erected within feet of the centerline of any street in t o~nstances w-There a greater base setback line has not been established (as set out below or as set out in the base setback line ordinance). On streets as set out (on the base setback line maps), setback lines are established and are determined to be distances indicated from the center line of the street right of way. A. Fences Residential. .'~ In any res--~ntial district'no closed wall or fence shall be erected or maintained within twenty (20) feet from the corner intersection of street rig].t-of-way. (2) · Fences or Walls outside of front building line shall be limited to a maximum height of four (4) feet. A fence or wall shall be limited to a maximum of si~ (6) feet in the rear and side yards unless the rear.and/or side yard is on a canal or waterfront in which case the maximum height shall be four (4) feet. (3) No barbed wire~ spire t/ps, sharp objects, 'dr electrically charged fences shall be erected in any residential area or district. (4) Fences shall be treated as a structure for building permit purposes, and a permit shall be obtained prior to erection. Setbacks shall remain measured from the principal structure. B. Fences in Non-Residential Districts. ~ ~nvo~v ng agr cu tufa purposes are exempt from height and type of construction. (2) Fences in commercial and industrial districts are limited to eight (8) feet in height with the restriction to be lifted if an extreme emergency exists. The County Comm/ssion is authorized to allow a variance in height. (3) All fences Shall be of sound, sturdy construction and'not detract from the neighborhood. (4) Barb wire is authorized in all non- residential districts but shall be limi{ed to three strands. (5) No fence shall block the view of passing motorists or pedestrians so as to constitute a hazard. 17. Boats or Other Floating Equipment Used as Dwellin~ units. Boats or other floating equipmeht being used ~s dwelli'ng units or as commercial establishments may not anchor or tie up in waters under the Jurisdiction 44 655 of the County for longer than forty-eight (48) hours, .except at facilities located in zoning districts per- mitting such use and at facilities within such districts designed for such use and meeting County and State health standards for such use. 18. ~ for the Construction and O_~eration of Drive-In Th~atr~. A. T--~ screen must be so oriented that th~ picture is not visible from any existing or.proposed major street. 'B. Not more than' two (2) exits shall be pro- vided to each access highway but such exit may be suitably channelized to provide for right and left turns onto the highway, and not more than one (1) traffic lane shall be permitted for each traffic lane on the highway available to vehicles leaving the theatre. C. No entrance or exit on a State Road or primary State maintained system shall be within five hundred (500} feet of its intersection with another major street. D. Sufficient area shall'be provided between highway and the viewing area to provide storage space for vehicles equal to not less than twenty-five percent of theatre capacity and of that storage space so provided not less than ten (10%) percent of the theatre capacity shall be provided between the highway and the ticket booths. In all cases, sufficient storage,space shall be provided so that,vehicles.will not back up on to %he traveled way of the highway. Storage area shall be calculated on the basis of one (1) space per twenty- five (25) lineal feet of storage lane. E, An individual speaker shall be provided for each mehicle. All speakers shall be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Speakers must not be audible beyond the boundaries of the theatre lines. 19. Miscellaneous Structures. School bus shelters and bicycle kacks may be'Ioc~'t'~d ~n any district, No advertising sign shall be permitted on s6ch structures without approval of the Board. Locations and'setbacks shall be approved by the School Board of Collier County. Bus stop benches may be located in any district. NO advertising sign shall be permitted on such structures. Telephone booths may be located in any dis~rict. District setbacks are waived. Mail (and newspaper) delivery boxes may be placed in accord with U.S. Postal Service Regulatio~s, and are exempt from district setbacks. 20. Landscaped Buffer Areas. The use of properly 45 planted and maintained buffer areas may reduce and ease potential incompatibility between or among different uses of land in proximity to each other. A. ~. Where this zoning ordinance requires a landsca~ed~6~ffer a~ea, the following requirements shall be met unless otherwise specifically required elsewhere= (1) The landscaped buffe~ area shall be not less than ten (10) feet in width measured at'right angles to property lines and shall be established along the entire length of and contig~ous to the designated property line or lines. (2) The area shall be so designe~,'planted,. and maintained as to be eighty (80%) percent or more opaque between three (3) and eight (8) feet above average g~ound level when viewed horizontally. Plantings shall be of a size and type which will insure the meeting of the eighty (80%) percent opacity requirement within no longer than twelve (12) months of the date of first planting; (3) Types and numbers of plantings for landscaped buffers shall be submitted with application for building permit, along with plans and statements demonstrating how the buffer will be irrigated and. maintained in the future. Where these zoning regulations require a lanscaped buffer area or areas,.no building permit shall be issued without such data; (4) Failure to maintain the landscaped buffer area es set out above shall be a violation of this zoning ordinance. B. Substitution for Landscaped Buffer Area. Except when ot--~ spec_.-tca] y prov ed by-"thesm' regulations, a six (6) foot high opaque structure bet in a five .(5) foot wide landscaped buffer area may be substituted for the six (6) foot high, planted buffer in subsection, A (2&3) above. C. Waiver ~- Dire~tor. When th~ Director flhds that the public safety requires, he may waive or modify the buffer requirements set out above at stree~ and alley frontages adJadent %o any entrance; the finding of the Director shall be in writing and shall be filed with the approved building permit. The finding shall demonstrate that the buffer is not r~quired for a certain number of feet back from t~e street or alley entrance, in order to afford protection to pedestrian or vehicular traffic entering or leaving the lot on which the landscaped buffer area is required by this zoning ordinance. D. Application Where Re~ations Set Out Different Retirement. In those instances where these zoning regulations set out a different buffering 46 655 ,', c 1257 requirement (e.g., a greater width of landscaped buffer, or a differnet type of buffer), then the specific provisions of those regulations applicable to the particular type of use shall govern. 21. Erection of More Than One Principal Structure on a Lot. In any zoning district, more than one strucLure ~-f~--a permitted or permissible principal use may be erected on a single lot, provided that yard, area, access, and all other requirements of this zoning . .. ordinance are met for each structure as though it were on an individual and separate lot. 22. Guest house: No guest accomodation facility which is accessory to a s-t~gle family dwelling, whether a free standing guest house or guest accomodations which are structurally integrated with the main dwelling, may be utilized for commercial purposes. Leasing or renting a guest accom- modation facility shall constitute a violation of the Zoning OrdinanCe. Similarly, if a main residence is leased or rented, a guest accomodation facility accessory to it may not be occupied by the property owner, since that would constitute the unlawful utilization of single family zoned property for two family dwelling purposes. Guest house~ which are physically Separate'from the main residence to which they are accessory shall not be constructed on lots which are smaller than 43,560 ~quare feet in area nor shall a guest house be larger than 40% of the size of the principal dwelling. Detached grest houses shall not bo closer than 20 feet to the principal dwelling. the location and layout, of'pre, ate airpo~tsj A. Definitions - For the purpose of th~s..Section, the following definitions shall ap~ly: (1) Airport ~azards - (See ~ection 10.2C1 (2) Approach Zone - a trapezoidal area increasing at a rate of 1:10 in width from 50 feet either side of the runway centerline,' at the ends of the usable runway(s), to a width of 350 feet either side of the runway centerline at a distance of 3000 feet outward from the end of the runway(s). (3) Primary Surface - means an airport surface, free of obstructions, of prescribed width which includes the runway. B. Control of Airspace: The applicant must control the airspace within 700 feet from the ends of the primary surface(s). This control is to prevent any airport hazards from being grown, erected or otherwise placed within a glide path of 20:1 from the ends of the primary surfacers). This control may be created by ownership, right-of-way, easement, or a com~ bination of these. eoolt i,,AI~ .... 655 C. Minimum Yards: '. (1) Setback ~rimary surface - 200 feet' (2) Other structures - Other structures must conform with setbacks of the base zone, howe%er, they may not be placed within 50 feet of the primary surface. D. Location - Private airports shall be located in accordance with Chapter 14-60 of the Florida Administration Code. . E. Findings - Before a private, airport.shall be re- commended for approval to the Board, the Planning'Commission shall make a written finding that satisfactory provisions and arrangements have beenmade concernthg the following ' matters, where applicable: " (1) Complaince ~lth Section 10.5 and 39.8. of the Zoning Ordinance. (2) General. compatibility with adjacent ., properties and other properties in the Distridt. (3) Storage of volatile materials ' (4) Safety and fire equipment (5) Airport hazards (6) Airplane tiedowns · (7) Control of airspace (8), Complaince with all elements of the Comprehensive PlaR · F. Conditions and Safeguards - In recommending approval of any private airport, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with this Zoning Ordinance. ' Any private airport use shall e~ptre twelve (12)' months from the date of the granting of the zoning unless a photostatic (or ohher suitable} copy of the Florida'Department'of Transportations's Airport License is presented to the Director of Community Development. A twelve (12) month extension may be granted ky the Director upon receipt of just cause. ' 47-1 655 ,', cr1259 Sectidn 9. SPECIAL REGULATIONS FOR (ST) AREAS OF Vf RON:.~NTAL SENSITi%'I~': 1. Intent and Put osp~ Certain areas of Environmental Senlittvity re- quire special regulation to protect, conserve, and improve the ecology of the particular area and the 6retell ecology of the Coastal Area Planning District, and prevent their use in a manner which is contrary to the health, safety, and well-being of the community. These areas.of environ- mental sensitivity are a unique natural resource bringing commercial, recreational and aesthetic benefits of a kind · and abundance found nowhere else in this Nation. These are annually renewable benefits that are dependent upon the maintenance of certain conditions and ecological relation- ships found in the ecological system of'Collier County. The pu'rpose of this special regulation is to protect and conserve areas of environmental sensitivity while permitting those types of development which will prevent ecological change or damage or hold such changes to acceptable levels. Areas of environmental sensitivity include, but are not necessarily limited to, mangrove swamp; coastal beaches; estuarine areas; cypress domes, fresh water marshes, and tidal marshes; and nature! drainage courses. Conservation goals for areas of environmental sensitivity include but are not limited to: A. Preservation of natural drainage ways; B. Reduction or elimination of pollutant dis- charge into air or water which would lower the pollutant level of air or water below permissible Federal, State and local governmental standards; C. Preservation of ecological systems to the end that flora and fauna are capable of viable reproduction in continuing their effective role in the life chain of theSr biologic co~munit~ D. Conservation of the essential fresh and salt water resources of the Coastal Area Planning D~strict. 2. Establishment of Zoning Classification: An overlay zoning classification to be known as the Special Treatment District, and to be ~enominated on the Official Zoning Atlas by the symbol "ST" together with the symbol of the basic zoning district'which it overlays, is hereby established. This overlay classification be used for those lands of environmental sensitivity where the essential ecology of the lands cannot be preserved 48 655 r cd.260' under other zoning districts and regulations established by this ordinance. Where lands are designated "ST" the regulations of this Section 9 shall be in addition to the regulations applicable to the basic zoning classification such lands otherwise hold. 3. Permit Reqqired: · No lands designated "ST" shall be cleared, altered, changed, or in any manner developed until a permit has been obtained in the manner herein set out. 4. Uses: ~-~s designated "ST" shall be used only for ~he uses permitted or permissible by provisional use under the basic zoning classification of such lands; but where an applicant for permit proposes a particular use or uses that are permitted or permissible under the basic zoning classification, the fact that such a use or uses is permitted or permissible shall confer on him no right to such use or uses if the ecology of the area involved would be severely or substantially damaged thereby. 5. Transfer of Residential Density C~edit: An owner of land located within.aD area designated as "ST" may elect to transfer all or some of the residential density of his "ST" land to another property, rather than develop the. "ST" lands in conformity with these "ST" regulations. Only one such transfer is permitted. Such a transfer of residential density credit is subJe6t to the following conditionz: A. The transfer must be to land not designated "ST". B. The transfer must be to land having at least one point of contiguity with the land designated "ST" (For the purpose of this section, intervening public or private streets, ease- ments or railroad rights of way do not prevent properties from being contiguous provided such lands would have one point of. contiguity were it not for the fact that they are physically separated by such intervening public or private streets, ease- ments or railroad rights of way). · ~ C. The land designated "ST" must be usedin conjunction with the land to which residential density credit is being transferred. The "ST" land may be left in its natu~ral state or used for limited re6reation, open space, surface drainage and spreader waterways, effluent polishing ponds, scenic trails, and protected wildlife habitats .... D. The non-"ST" land to which the density transfer is made must be developed under site and development plan approval as set out in Section 39.8 of these regulations.' The transfer area of "ST" land must be clearly shown on the site and development plan. Such designated "ST" land may not there- after be used for transfer of residential density. E. The fact of transfer for "ST" land along with the approved development plan, for more than ten (10) gross, acres of land or.where transfer of density credit is involved under Section 9.5 above, shall be recorded at the owner's expense in the records of the Clerk of the Circuit Court of Collier 49 655 County, together with a c~venant on such land with enforcement running to the County that no future alteration, building' or development permit will be issued in the future on such lend except as follows: (1) In accordance with ~he conditions of the approved development permit. (2) In accordance with the conditions of an approved modification of the development permit. The recorded transfer of density credit may not be amended or expunged from the public records of the Clerk of the Circuit Court of Collier County except by unanimous vote by the Board. F. The maximum a~lowable transfer of density use credit from a parcel of land designated "ST" to a contiguous area not designated "ST" shall be computed on the basi~ of one (1) acre of "ST" to one (1) acre of contiguous area not · designated "ST" and shall be calculated on the number of dwelling units which are permitted in the zoning district to which the credit density is being transferred. In instances where a development consists of more "ST" land than non-"ST" land, the residential density of the excessive "ST" land may be included in the transfer at the ratio of .2 dwelling units for each additional gross acre of "ST" land in excess of the non~"ST" land. 6. Procedure and ~tandards for Development of "ST" .an o .ess -~an '.-eh -cre6 no= Involvln_~ Densit~ Where land has a "ST" designation, is ten (1) acres or less in gross area, and where no transfer of residential . density'is involved as set Out in Section 9.5 above, the Director may issue a development permit for a proposed development. Prior to the issuance of any such development permit, the Director must make a finding that one or more or the following conditions exist: A. Previous usage and development of th~ subject' property has altered the original environment im such a manner that the proposed development will not further degrade the environmental quality of the site or'surrounding areas that might be affected by the proposed ~evelopment~ B. Previously existing major flora end fauna of the site has already.been removed or altered to such a degree as to preclude any reasonable prob~bility'for ecolpgical regeneration. C.. Surface and/or natural drainage of the'Site has already been channelized, paved, altered, or improved and will not be further degraded as a result of the proposed development. 5'0 655 r [126Z D. No pollutants will be discharged from the proposed development which will substantially increase the degradation of air and water beyond levels existing at ' the time of application. E. The proposed development will improve and correct ecological deficienci~s which resulted from previous use or development. F. The proposed development will not 'require any major alternation of modification of the existing land forms, drainage, or flora or fauna on the site . I G. Violation of the terms of a development permit granted by the Director under this s%~section shall be a violation of the terms of this zoning'ordinance. 7. Procedure and Standards for Development of "ST" Land of More than Ten Acres or Involvinq.Density Trane fart Where land has a "ST" designation, is more than ten (10) acres in gross area, and/or where transfer of density.credit is involved under Section 9.5 above, the ' . following procedures and standards shall govern for the issuance.of development permits. A. Pre-application conference~ Prior to the filing of an application for development approval of "ST" land, the applicant shall request and hold a pre-application conference with the Director and appropriate County staff. The pre-application conference is for the purpose of guidance and information and for insuring insofar as may be possible that any application will be in conformity with these regulations. No application for development, approval" will be accepted for formal processing and public hearings until the Planning Department has reviewed the application to determine that all required data have been included; a minimum of thirty (30) days should be allowed for this phase of the review process. B. Upon the formal filing of the application for development ~pproval, the application and supporting data shall be referred to the Environmental Advisory Council and the'Water Management Advisory Board for advice and recommendation. Reports of these advisory boards shall be filed at the time of public hearing before the Planning Commission or prior thereto. Such reference shall not, however, serve to delay the public hearing by the . Planning Commission. The formal application for develop- ment approval shall include an Environmental Impact State- ment as required by Ordinance 74-36 and, where appropriate, Development of Regional Impact review data as under Chapter 380.06, Florida Statutes, and a tree removal plan. C. The public hearing shall be held by the Plan- ning Commission and, upon the hearing, it shall make its 51 recommendation to the Board. 8. board Action~ . Final action on development approval under th~s section lies with the Board o£ County Commissioners. The Board may~ A. Grant the application as presented. B. Deny the application as presented, or C. Grant the application with additional con- ditions and safeguards. The application, i~cluding con- ditions and safeguards which may be added, shall become the plan of development for the area involved. 9. Modification of Development Plan~ Any modification of the development plan as approved which would substantially alter the intent and purpose of these "ST" regulations requires procedure and approval as for a ne~ application. Minor modifications within the intent and purpose of these regulations may be made by the Board upon the recommendation of the Planning Commission. 10. Duration and Effect of Development Permit~ Failure to~z~-~o Perm t Re.u-.rements.~ A. Unless otherwise ~pecified by the BOard, the approved development permit shall expire and be terminated two (2) years after the date of approval or as specifi-d in the development permit! provided, if development is progressing in full accord with the terms of the approval, d~velopmeht may continue. The Board may, at the time of approval of the development permit, prescribe time limits for the development and completion of stages of the project. B. Where a development permit calls fo.~ staging, no subsequent stage may be commenced until the Director has certified that the previous stage has been accom- plished in full accord with the terms of.development permit approval. . C. The Boar~ may suspend or terminate develop- ment approval and order the termination of the'project upon a finding that the developer has failed to comply with: (1) Time limitations prescribed in the grant approval or (2) Any substantive provisions in t~e grant of approval relating to the character of the development. D. When a development permit has been terminated under subsection C. above, the Board may, upon application~ authorize the applicant to re-submit an application for development approval provisioned at any stage of procedure of these "ST" regulations.. No subsequent plan or reapproval shall effect an increase in residential density nor a decrease 655 in water quality as set by the original development per- mit approval. E. On due cause shown, time limits prescribed in an approved development permit may be extended by the Board for not to. exceed a one year period. 11. Relationship When The~e is Density Transfer= %~ere a residential density transfer is proposed under these "ST" regulations, then development in the non- "ST" land to which the transfer is made shall be subject to site a~d developmsnt'pIan approyal as set out in section 39.8 of this zoning ordinance. 12. Requirement to Post Surety to Assure Com~letion of Development= Prior to the' issuance 'of a devel6pment'permit, the developer shall p6st a surety to guarantee the completion of the improvements which shall satisfy the following requirements= A. A surety,' in the form'of a ~urety'bond, trust deed or escrow agreement or other security device, approved by the Board of County Commissioners shall be filed with the Clerk of the Circuit Court. Such security device shall cover at lea'st one hundred ten (1'10) pe'r cent of all of the costs of all the. required improvements, such ~s streets, sidewalks, drainage, canals, fill, public water, sewerage, and solid waste disposal i~.cluding EngSneering Supervi.sion and Inspections~ ~tc., as shown on the development con- struction plans. Cost estimate~ shall be prepared by a re- gistered professional engineer of the State of Florida and approved by the County' Engineer;. Surety for completion shall be 'reviewed for cost estimates ofthe work remaining to be completed on an annual basks. When extension of the completion time i~ requested by the developer a~d approved.by the Board of County Commissioners beyond the duration of the ~ermit,.'a.'revised cost estimate and adjusted amount of surety.~hall'be provided for the' improvements'to be .completed. Such securit~ device shall: .. (1) Be conditioned upon the faithful perfor- mance by the developer of all work required to complete all improvements and installations for the development of stages thereof, in.compliance with the development permit with a specified time~ four {4) years unles~ .ot~erwise noted. (2) Be.payable to, and. for the ~ndemnifica- tions of the County. '" 655 Section 10. SPECIAL REGULATIONS FOR SPECIFIED AREAS IN AND AROUND NAPLES AIRPORT. 1. Intent and Pu__u~. Certain areas in and around the NapleeA--~-~o~'Collier County, Florida, require. special regulation to prevent hazards which endanger the lives and property of users of the airport and of occu- pants of land in its vicinity and which, if of the ob- struction type, reduce the size of the area available for the landing, taking off} and maneuvering.of aircraft, thus tending to destroy 6r impair the utility of Naples Airport and the publio investment therein. Accordingly, it is hereby declared that~ A. The creation or establishment of an airport hazard is a publio nuisance and an injury to the County; B. It is necessary to the public health, safety, and welfare that the creation or extension of airport hazards be prevented; and . C. To this end, regulation of airport h~zards is necessary. D. In addition to the regula~ions applicable to land zoned as indicated in the Official Zoning Atlas, the following regulations'are additionally applicable to lands in the vicinity of the Naples Airport es indicated on the Official Airport Zoning Map of Collier County. Lands lying within various zones as indicated on the Official Airport Zoning Map are subject to the addi- 'tional regulations set out in this section. 2. Definitions.. The words and phrases listed below shall have~--~wing meanings unless the context hereof Otherwise requires~ A. ~ - Naples Airport ' . B. ~Elevation - The established elevation of the highest point on ~-~ usuable landing area, hereby determined to be eight (8} feet MSL. . C. ~ort ~azard - Any structdre, tree or use of land which obstructs the'airspace required for, or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport. D. ~- For the purpose of determining the limits in all zones set forth in this Ordinance and. shown on the zoning maps, the datum shall be mean sea level. elevation unless otherwise specified. E. Inert.umW- A runway equipped or to be equipped w~th~ precision electronic navigation aid or landing aid or other air navigation facilities suit- able to permit the landing of aircraft by an,instrument approach'under restricted visibility conditions. .( 54 F. ~ Area - The area of the Airport. used for the landing, taking off or ta×iing of aircraft.. G. Nonconformin~- Any pre-existing.structure, tree, natural gro~or use of land which is inconsistent with provision of this OrdinAnce .or an amendment thereof. H. .VFR Runwa~ - Means a runway other than an instrument runway. I. Person - An individual, firm, partnership, corporation, company, association, joint, stock asso- ciation, or body politic and includes ~ trustee, receiver, assignee, administrator, executor, guardian, or other representative. 'ing ~trip~' ~'- The.paved surface of an .airport. land- K. Structure - An object constructed or stalled by man~--~-~-~-~ing but without limitations, build- ings, towers, 'smoke-stacks and overhead transmission lines. L...Tree- Any object of natural growth. 3. Manner of_Designation and Metho~ of Application. All of the land lying within the instrument approach zones, VFR approach zones, transmitting zones, horizontal zone and conical zone may be designated and regulated as herein authorized. Lands within the various airport zones'shall be designated on a map. or' maps, adopted by the County Com- mission as an 'amendment to this resolution. The various zones ara hereby established and defined as follows: ~ Instrument Approach Zones T An instrument approach zone'-~ establ shed at th~ Northeast end of the instrument runway 22-4 for instrument landings and take offs. The instrument approach zone shall have a width of 1,000 feet at a distance of 200 feet Northeast of the end of the runway, widening thereafter uniformly to a width of 16,000 feet at a'distance of 50,200 feet Ncrtheast of the end of the runway, its centerline'being the continuation of the centerline of the runway. An instrument approach zone is established at the Southwest end of the instru- ment runway for instrument landings and takeoffs. The An- strument approach zone shall have 'a width of 4,000 feet at a distance of 10,200 feet beyond the.end of the runway, its centerline being the continuation of the centerltne of the runway. · B. VFR A roach Zones - Visual flight rules approach zone,--are hereby established and shall have'a width of 500 feet at a distance of 200 feet beyond each end of ~unway 31-13, wideming thereafter uniformly to a width of 1,500 feet at a distance of 5,200 feet beyond each end of this runway.' C. Transition Zones - Transition zones are hereby established adjacent to each instrument and VFR runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either sSde of'runways have 55 §55 c 1267 variable widths as shown on. the zoning map. Safety zones extend outward to a line 150 feet on either side of the centerline of the VFR runway, for'the length of such runway plus 200 feet on each end; and 250 feet on either' side of the centerline of the instrument runway, for the length of.~:~ch runway plus 200 feet on each end, and are parallel and level with such runway cunterlines. The transition zones along such runways slope upward and out- ward from the edges of the safety zones one.(1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface 'of the horizontal zone. Further, transition zones are established adjacent. to both instrument and VF.~ approach zones and these tran- sition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones 'from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal zone. Additionally, transition zones are es- tablished adjacent to the instrument approach zone where it projects through and beyond the limits of the horizontal zone, extending a distance of 5,000' feet measured hori- zontally from the edge of the instrument approach zone at right angles to the continuation of the csnterline of the runway. D. Horizontal Zone 2 A horizontal zone.is hereby establis~ed ast----~]~ area w--l--t~in an oval with its centers at the 9nde of the instrument runway and having a radius of 5,000 feet.. The horizontal zone does not include the instrument and VFR approach zones and the transition zones. E. Conical Zone - A conical zone is hereby established a~ area ~hat come'encee at the periphery of the horizontal zone and extend outward therefrom a distance of 4,000 feet. The conical zone ,hall sIops upward and out~ard from this periphery at the rate of one (1) foot vertically for ~ach twenty (20) feet hori- zontally. The conical zone does' not include the instrument approach zones and transition zones. 4. ~e~htLim~_tation, Except as otherwise provided in this resolution~'6~t-~cture or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows~ A. Instrument Approach Zones - One (1) foot in height for-eac~ fift~ (~0) feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the Northeast end of 22-4, the instrument runway,, and extending Northerly a distance of 10,200 feet from the end of the runway~ thence Northeasterly one (1) foot in height for each forty (40) feet ~n horizontal distance to a point 50,200 feet from the Northeast end of the runway. One (1) foot in height fo~ each thirty-four (34} feet in horizontal distance beginning at a point 200 feet from and at the centerline elevatio~ of the Southwest end of the instrument runway and extending Southwesterly to a point 10,200 feet from the en~ of the runway. B. VFR Ai orr A roach Zones - One (1) foot ' in height for eec_ orty ~0~ lest n _orizontal dis- tance beginning at a poin~ 200 feet from and at the center- line elevation of each end of runway. 31-13 and extending to points ·2,200 feet from the ends of the runway~ thence one (1} foot in height for each twenty (20) feet An hori- zontal distance and extending to a point 5,200 feet from the ends of the runway. C. Transition Zones - One (1) foot ~n height for each ~even .7 feet -n '.orizontal distance beginning at the edge of each safety zone and at the elevation of the centerline of each runway, and extending to a height of lS0 feet above.the airport elevation which height ks 158 feet above mean sea level. In.addition to the fore- going, there are established height limitations of one foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for tho length of the approach zones as shown and extend- ing upward and outward to the pointB where they inter- sect the horizontal surface. Further, to the Northeast, where the instrument appro~ch zone projects through and beyond the conical zone, a height limit of one (1) foot . for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the in2trumsnt approach ' zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended. D. Horizontal Zone - One hundred fifty'(150) feet above th~--~rport e e--~-~tion or a height of 158 feet above mean sea level. .E.. Conical Zone - One (1) foot i~ height for each twenty (~-~--~orizontal dist'~lce beginning at the periphery of the horizontal zone, extending to e height of 350 feet above the airport elevation. 5. Use Restriction. Notwithstanding any other provi- sions of~g regulations, no use may be made of lane within the Northeast instrument approach zone establishe~ by this ordinance in such a manner as to create electri- cal interference with radio communication between the air- port and aircraft~ make it difficult for flyers to distin- guish between airport lights and others~ result in glare in the eyes of flyers using the airport~ impair visib~lity 57 in the vicinity of the airport or otherwise endanger the lan~ing, taking off, or man~uvering of aircraft. 6. Nonconfor~ities. A.. R~ not Retroactiv~ - The regulatio~s prescribed by this resolution shall not be construed to require the removal, lowering or other changes or alter- ation of any structure or tree 'not confo~ming to the regulations as of the effective date of this resoltuion, or otherwise interfere with the continuance of any non- conforming use. Nothing herein contained shall require any change in the construction, altera~ion, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this resolution, and is diligently prosecuted. · B. Markin and Li htin -' Notwithstanding the preceding provision of-th~ssect~on, the owner of any nonconforming structure or tree ia hereby required to permit fha installation, operation and maintenance thereon of such markets and lights as shall be deemed necessary by the Airport Authority of the City of Naples to indicate to the operator of aircraft in the vicinity of the air- port the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the ~uthority. 7. Permits. A.-------F~dure Uses - Except as specifically provided herein no matte shall be made in the use of~ land and no structure or tree shall be erected, altered, pl~ted or otherwise established in any zone hereby c=eated unless a permit therefor shall have been applied for and qranted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient p~rti- cularity to permit it tO bm determined whether the resulting use, structure or tree would conform to the r~gulations he~ein prescribed. If such determination is in the affir- mative, the permit shall be granted. (1) In the area lying within the limits'of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 125 feet of vertical height above the ground.' (2) In the areas lying within the limits of the instrument and VFR.approach zones'but at a hori- zontal distance of not less than 3,000 feet from each end of the runways, no permit shall be required for any tree or structure less than fifty (50) feet .of vertical height above the ground. (3) In th~ ar~as lying within the limits of the transition zones beyond the perimeter of the ~orizontal zone, no permit shall be required for any tree.or{~structure less than 150 feet.of vertical height above the' ground. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alterationor growth of any structure or tree in excess of any'o~ th~ height limits establishe~' by this Orainance except as set forth tn Section 8. B. Existing Uses - No permit shall be granted ' · that would allow the establishment or creation of' an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or becom'e a gr,ater haza'r~ to air' navigation than it was 6n the effective ~ate of this amendment or an~ amendments thereto or than it is when the application for a permit is made. Except as in~i- cared, all applications for such a permit shall be granted. OFF Section 11. SPECIAL DISTRIC~ FOR (GH) GROUP HOUSING. 1. Intent and ~urpose~ This section is intended to apply as an overlay district for areas zoned residential ad: the time of application for GH where flexibility in lot size, set- back and height will provide for.a better siting of structures, produce more usable open'space, produce innovation in design and construction than might otherwise result under the standards of the district to which it is applied. This shall be done through an adopted plan o~.development set out in 4. No "GH" zoning classification shall effect an increase in the number of dwelling units allowed by the base zoning classification. 2. Establishment of Zoning Classification. A zoning classific~%'ion, to be 'kn0Qn as the GrouP' H6using overlay' district, and to be donominated on the Official Zoning Atlas by the symbol "GH" i~ conjunction with the basic residential symbol, is hereby established. Lands are zoned to GH classification or removed from that designation by the process of amendment to this zoning amendment as for other zoniDg classifications. 3. Uses Permitted~ The "GH" classification allows those permitted or provisional uses of the basic zoning classification of the specific parcel,'provided that in RS district lands with "GH" overlay may include q%~ster and town houses in the "GH" development. 4. Procedure and Approvals. A. General~ Should a parcel of land carry a "GH" overlay district designation at the time of the adoption of the regulations, approval of a development plan in accordance with Section 29 Is required prior to beginning any construction. An applicant having land that does not hate a GH overlay designation and desiring to develop a group housing project must submit his developmentplan as a part of his application for rezoning. 5. Standards for'Devel0pment Plan: A. Group housing consists of two (2) or more structures of the type permitted in the basic residential zoning classification, subject to Section 11.3 above. 6O D. Land area for.a deve].opm~nt plan under ~H overlay designation shall not be less than three (3) acres. C, ~he parcel o~ land ts not subdivided ~nto the customary streets and lots, and:will not be so- subdivided, or where the existing o~ contemplated · . street and lot layout make it impractical to apply the requirements of this regulati~n to the individual dwellings and structures in such group development. D. All yard requirements for any accessory str~ctures must be observed. E. Yards, distances between structures and other dimensions1 standards are satisfactory .to carry out the intent of and spirit of the Zoning ordinance, such standards to be specified by the applicant and approved by the County Commission, upon recommendation of the Planning Co~nission, if such standards are less than are required elsewhere in the same residential zoning district. F. District regulations applicable in'the basic zoning designation to other matters than those set out above shall be observed in the development plan. G. The standards and requiremen~s of Section 39.8 of this Zoning Ordinance shall apply to the development plan. 6. Effect of Development Plan Approval. No building permit or certificate of occupancy shall be issued ezcept in conformity with the approved development plan. 61 Section 12.. SPECIAL REGULATIONS FOR WATERFRONT Y~RDS. 1. Intent and'Put -se. Where in the schedule of district regulatloh~~hce is made to this section for construction of development in waterfront yards otherwise required in the zoning district concerned, the following regulations shall apply. Ir'is the intent and purpose of this section .to permit the placement of principal buildings at the bulkhead line or shoreline where such placement at the water's edge can enhance the character of waterfront development Qithout detriment to adjoining o~ nearby properties or without damage to a particular environmental situation. The provisions of this section have their greatest potential application in planning for the use of tidewater islands or areas of the County of such size and location that the use of this provision will meet its intent and purpose. If the provisions of this section are met, such provisions govern regardless of any requirement for waterfront yards in the district involved. 2. Site and Development Plan Required. Before a building m-~ ~-~ 5onstructe un er t e erms of this Section, ~pproval of a site and development plan is required as set out in Section 39.8 of this ordinance. 3. Classification of Waterfront Lands and Building Location.~gs may not ~ ~ wate~ ~]~t-~tion beyond the following limits for the situations outlined: A. For waterfront lands along whieh a bulk- head line has been established, buildings may be erected out to but not beyond the bulkhead line. B. For waterfront lands along which an off- shore building limit line has been established by the Board, buildings may be erected out to but not beyqnd the building limit line. C. For waterfront lands along which neither a bulkhead nor a building limit line has been established, buildings may be erected out to but not beyond the shoreline, as that shoreline exists prior to construction. 4. Uses. Since this section apDlies only to the placement~-~uildings in waterfront yards, there shall be no use permit%ed under this se6tion which is not permitted 'or permissible in the district involved. A building approved under this section, however, may be attached to or made an ~ntegral part of a boat house or dock, if such boat house o~ dock is permitted or permissible in the district involved. 5. Site and Development' Plan, An applican~ under this section ohali'sub~it a site and development plan as required by section 39.8 of this ordinance. In addition to the contents of s6ch a plan as required by section 39.8 of this ordinance, the applicant shall aubmit such materials as will demonstrate that the placement of the proposed buildings in waterfront Yards from which they would otherwise be excluded will not' (1) adversely affect adjoining or nearby properties nor cause blocking of water view in an~ substantial degree from.adjoining or nearby properties, and {2) that no adverse environmental effects will ensue as a result of building placement as requested. 6. Effect of ApProved Site and Devel°pment Plan. No building permit or certf~icat6 of occupancy ~hall be issued under this section except in strict conformity with the terms and conditions of the approved site and 'development plan. ; 63 655 ??,, · Section 13. SPECIAL PROVISIONS FOR HOUSING OF FARM LABOR. 1. Intent and Purpose. This section is intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing established under this section shall be used exclusively for.that purpose and no other. It is in- tended that housing under this section shall be erected only in the A Agricultural District and only when such housing meets the requirements and procedures of this . section. It is the intent of this section'that housing for farm labor shall be in the nature of planned development, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of health, safety, and general welfare of the farm laborers an4 the general public. 2. A ricul.ture~ Defined. For.the purpose of this section, agrlcu£ture is ~e£1ned as the cultivation of the soil, the production of crops, and the raising of livestock for the purpose of sale. The definition includes the accessory uses of packing, treating, or storing the produce raised on the premises, but shall not include facilities for processing'agricultural commodities brought from off the premises unless such off-premises production is under the same ownership and control. 3. Site and Develo ment Plan Re uired. No construction for the housIng o~ ~arm labor snell be e-~ted until a site and development plan has been approved as set out in this section and section 39.8 of this orainance. Any application for development to house farm labor shall include the general data set out in section 39.8 and in · addition the data required by this section 13. Upon the approval of a site and development plan, no building permit or certificate of occupancy shall be issued except in conformity with such approved siteand development plan, and 'no use shall be made of farm labor housing subsequent to construction except in conformity with that approved site and development plan. 4. Farm Labor Committee. The peculiar ~roblems created b~ the necessity for housing farm labor, and the particular problem of housing transient farm'labor, require that special knowledge be brought to the matter of approving' site and development plans for farm labor housing. Therefore, an advisory committee is hereby. 64 established to consist of 'five (5) residents of the County knowledgable in the problems of farm labor. Tho advisory committee shall be known as the Farm Labor Committee and shall be appointed by the Board to serve terms of 4 years. 'It shall be the responsibility of the Farm Labor Committee to serve in an advisory capacity to the Board and the'Planning Commission in the following situations~ A.' To review site and development plans sub- mitted under this section and to determine that such plans meet the standards set out in this section and in section 39.8 of this ordinance in the context of farm labor housing; B. From time to time recommend such changes as it may feel appropriate for changes in re.qulations relating to farm labor housing; C. To send recommendations under paragraphs A and B above to the Planning Commission and to the Board; D. To advise appropriate County officials and the Board on enforcement matters relating to farm labor housing. 5. Farm Labor Committeet Role in Approval of Site and Development Plans. Under ~ection 13.4, A above, t--~ Farm La--~ Co~~a required to review site and development plans submitted for farm labor housing. The Planning Commission shall take no action to approve or reject submitted plans until the recommendation of the Farm Labor Committee has been received; provided, the Planning Commission max act if such Farm Labor Committee recommendation has not been received within fifteen (15) days of the receipt of such site and development plans by the Farm Labor Committee. 6. Standards.' In addition to the applicable requirements o-ir-~ction 39.8 of this ordinance, site and development plans for' farm labor ho~sing shall meet the following minimum standards: A. ~. Farm labor housing shall be set back a mlnlmum oz one thousand (1,000) feet measured from the nearest point of construction to any State, Federal, or County ~ighway right-of-way line. B. Minimum and Maximum Area. No on-site farm labor housing shall ~xc'e~d"tn land area three (3} percent of the gross acreage of the agricultural operation. Off-site farm labor housing for laborers shall have a land area of not.less than one acre nor more than ten (10) acres.. C. Utilities. Ail utilities must be installed as required by State and County regulations. 65 D. Layout: GeneFa~ly. Any application for site and deveiopmen't pl~'n approval shall show: (1) land area in acres~ (2) street paterns, with provision for sur- facing with a hard dustless material~ {3) at least three hundred {300) square feet for each lot or dwelling unit for open space and recreation area~ (4) the layout of.building sites~'. (5) actual yard dimensions. (not less than minimum) for periphery of site and for each lot~ (6) size of units to be installed and specification of type~ (7) utility .locations, sizes, and types, and~ (8) types of services to be provided. E. Additional Standards for Concrete Bloc~ or Fram~ Dwelkinps. In additi6~ to t~e mat~rialm of" paragraph D above, an applicant for site and development plan approval shall show the following data where it proposed to use concrete block or frame constructio~ for farm labor housing: (1) for each structure, thirty {30) fOot front yard, ten (10) foot side yard, and twenty foot rear yard~ with yards measured from street, building, or property lines and with all. dwellings having at least the minimum separation between them~ (2) for each dwelling unit, a minimum of one hundred twenty (120) square feet of living area. for the first two (2) persons and an additional fifty (50} feet for each person thereafter for sleeping purposes only, provided other utilization of dwelling unit shall require square footage of living area to meet minimum housing standards of the State of Flori~a~ (3) arrangements for a manager, resident and on duty on the premises~ and (4) minimum lot size of six thousand (6,000) square feet with an average width, of sixty (60) feet. F. Additional Standards for Utilization of Mobile ~omes ~nd Travel T~ailer~.. In addition to the materi~l~'~f paragraph,C above,'a~ applicant for site development approval shall show the following data where it is proposed to use mobile homes and/or trave% frailers for farm labor housing: (1) arrangements for a.manager, resident and on duty on the premises; (2) no mixing or intermingling of mobile homes and conventional dwelling construction, provided, there must be at least a sixty (60) foot separation between mobile home and conventional dwelling complexes 66 655 where both types of dwelling unit utilization is proposed; (3) within the mobile home complex, one building for service purposes only and not occupying'more than two (2) percent of the gross area of the project may be erected; and (4') each mobile home or travel trailer shall have at least one hundred twenty (120) square feet of living area for the first two (2) persons and fifty (50) additional square feet of living area for each person thereafter for the purpose of sleeping accommodations provided other utilization of the mobile home shall require square footage of living area to meet minimum housing standards of the state of Florida. G. Special Provisions for Dormitory ~oustn~. In addition to 'the requirements of .paragraph C above, mobile homes or travel trailers may be utilized for housing migrant.labor in dormitory style arrangements provided: (1) the area of land to be so utilized ' {.s one acre or more in area; (2) at least three basic units are. utilized--one for sleeping facilities, one for dining and recreation use, and one for utility purposes con- sisting of showers and toilet facilities; (3) each sleeping unit.shall have mlni~um dimensions of t%~lve (12) feet by sixty-five feet with a maximum sleeping capacity of twelve workers and with no mixing of the sexes; (4) each cooking-dining-recreation unit shall have minimum aimensions of twelve (12) feet by. sixty five (65) feet and accommodate no more than twenty four (24) laborers; (5) each utility'unit shall have m~nfmum dimen~ions of twelve (12) feet by forty five (4~) ~eet and accomodate not more than twenty four (24) laborers; and (6) the peripheral boundaries'of the complex must be landscaped and the interior surface of the complex must be surfaced with a hard dustless material. 67 Section 13 A. Special Pegulations Pestricting the Parking of Commercial and Ma~R~Pe.__c~e__a.t~nal Fquipment 1. Intent and Purpose~ It is the intent and purpose of this secti6n to allow residents within a subdivision in Collier County to prescribe stricte%regulattons governing the parking of commercial and/or major recreational equip- ment than is provided under the minimum requirements set forth'in Section 7 and Section 8. This district is intended to apply as an overlay district for areas or portions of areas which are zoned for residential uses. The purpose of these regulations is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and the free flow of air currents,and to maintain th~ lasting values and amenities of the neighborhood. 2. Establishment of Zoning CIa~sff~cation: A zoning classification, to be ~n--6~'as{he Restricted ~arking Over- lay District, and to be denominated on the Official Zoning Atlas by the symbol, "RP" in conJu~ction with the basic residential symbol, is hereby established. 3. Upon petition to the. Board of County Commissioners signed by a minimumof one hundred (100) or 50% of the pro- perty owners whichever is the lesser, in the proposed District, platted subdivision, or within a voting precinct comprising a homogenous zoning area, the Board of County CommSssioners may revise the boundaries of the District and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the District voting in the next general or special election heId for other purposes within the District(s). The ~lection p~rmits a choice by the elector if in favor of or opposed to the following regulations as may be revised by the implementing ordinance: A. ~ouse car, camp car, camper, house trailer', motor home, school and/or other buses. ~o house car, camp car, camper, house trailer, motor home, or any vehicle, by whatever name known, school and/or other bus, sedignated or adaptable for human habitation, whether such vehicle moves by its own power or by power supplied by a separate unit, shall be kept or parked on premises zoned for residential purposes within the County nor on public rights-or-way of said zoned districts except when parked entirely within the confines of a garage, carport, or fully enclosed structure and cannot be seen from any abutting property or public way, provided, however, that such vehicles may be parked anywhere on residential premise~ for not to exceed twenty-four (24) hours duringloading and unloading. ~ . - ~. 67.1 .... , 655 (1) The following exceptions may be granted by the Director upon application by the property owner. (a) Resident: Such car, trailer, bus' or motor home may, upon obtaining a psi-mit from the Director by parked upon the premises of the resident fo~ a period not exceeding three (3) days for the purpose of loading or unloading and/or cleaning and unloading prior to or after a trip. The permit for each period shall be affixed to ~he vehicle in a conspicuous place on the street side thereof.. The Director may for good cause shown, authorize the issuance of a second consecutive permit not to exceed three (3) days. An add- ltional permit for the parking of such vehicle will not be issued until after such application has been reviewed and approved by the Board of County Commissioners. (b) Non-Resident: Such car, trailer, bus or motor home, when used for transportation of visitors to this County to visit friends or members of the visitors' family, residing in this County may upon obtaining a permit from the Director be parked upon the premises of the visited family for a period not exceeding' ten (10) days. The permit shall be affixed to the vehicle in ~ conspicuous place o~ the street side thereof. The director may, for .good'cause shown, authorize the issuance of a second consecutive permit not to exceed ten (10) days. An additional permit for the park- ing of such vehicle will not ks issued until after the application has'been reviewed and approved by the Board of County Ccmmisaionezs. 4. Passenqer Vehicles q0nt~ining Commercial Advertising A. Parking of passenger vehicles with commercial advertising signs, which are written directly on the finished surface of the passenger vehicle or attached in such a manner so as not to protrude more than one (1") inch from the finished surface of the passenger vehicle, setting forth the name of the business, its'address, business telephone number and type of business e.g. , realtor, painter, etc. thereon in residential areas outside the confines of a garage or carport ts permitted so long as the home (residential) address ia not shown thereon. B. All passenger vehicles having commercial adver- tising signs'not conforming to the requirements set forth in Paragraph A. above shall be prohibited. 5. Trucks~.Trailers~ school ~uses and/or Other Commercial ~ehicles~ It shall be unlawful'for any p~rson to park, kee'p 'or store in or upon any property, public or private, in any 6'7.2 ~OOK area Of the County which is zoned 'residential, except 1~~ as provided in Sub-section 3A. of this section, any truck :..~ .. exceeding a rated capacity in excess of.one ton, trailer., ..:' .. school bus and/or other commercial vehicle, and any . passenger-type vehicle, by whatever name designated, con- verted partially or completely from, a passenger carrying vehicle to a vehicle for transporting goods or articles by removal of a seat or seats therefrom or by addition there- to, thereon or therein of a rack~ crate or other carrier or holder for transporting good or articles,'such as but not limited to ladders, wheelbarrows, tools, equipment, supplies or materials, if such vehicle so converted is used in or incident to the operation of a business.. . A. Exceptions: (1) The foregol~ prohibitio, shall not apply in cases of licensed contractors or service establi~hments actually doing work on the premises, or in case of loading or unloading such vehicles, or to any such vehicle while it is being used for trans- portation for personal reasons of the operator of a temporary nature to and from the house, such as for noonday meals or to visit or serve an ill person. {2} The parking or storage of such vehicles is within the confines of a garage, carport, or fully enclosed structure and cannot be seen from any abutting property or public way. 6. Boats and Boat Trailers: No boat or boat trailer shall be Parked or Stored on Premises zoned for residential uses or on public rights-of-way of said zoned districts except when parked or stored entirely within the confines of a garage, carport, or fully enclosed Or shielded structure and cannot be seen from any abutting property or public way. A. Exceptions: (1) A boat or boat trailer may be parked on the owner's premises, in the open, on a. temporary basis not to exceed eight (8) hours for the purpose of loading and/or cleaning an unloading prior to or after an outing. (2~ An empty boat ~railer may be parked at'la laun~hing .site during the period of time that the boat . is launched therefrom for a single Voyage and while in the process of loading or unloading the boat and/or trailer. (3) Boats on davits or cradles adjacent to waterways or birthed at approved docks and/or piers. 7. ~otel~ and Motel parkin~-Provisions: ~otels and motels are'Considered as business-like enterprises, therefore, recreational vehicles, trucks, trailers, buses and/or other commercial and industri~l vehicles, listed herein of bona <-, fide residents thereof, tra~sients or otherwise may be parked 'on the premises of such facilities. Such vehicles shall not be parked in streets, alleys or. other rights-of-way within the residential · 8. General Excepti°ns:~'~The'Pr°VisiOns of this paragraph shall not' apply to vehicles par~ed on the premises of churches clinics, s'chools, public libraries, public buildings, public and club swimming pools, private clubs,' golf courses, utilities, hotels and motels and parks and recreat£onal areas, while the persons ~ransported thereby'are attending o~:partiClpat- ing in activities or being treated or served thereat, nor to buses, trucks or trailers parked at any time in aspace prepared or designated therefore on said ~remises, if such vehicles are used or operated by or for the operation of the places or ~nstitutions designated, except that such vehicles cannot be used for residential occupancy. 67.4 6'55 Section 14. PROVISIONAL USES 1. Petitions for provisional ~ses, as defined in section 3 of this =oning ordinance, shall be considered first by the Planning Commission in the manner herein set out. A. Written Petition. A written petition for provisional ~se shakl be submitted through the Director indicating the basis in this zoning ordinance under which the provisional use ks sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the Board must make under section 14'.1 below. The petition should include material necessary to demonstrate that the grant of provisional use will~ in harmony with the general intent and purpose of this zoning ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to the following, where epplicable= (1) site and development plans at an approptate' scale showing proposed placement of stnuctures on the provisions for.ingress and egress, offstreet parking and off- street loading areas, refuse and service areas) and required yards and other open spacesl (2) plans showing proposed locations for utilities hook-up~ (3) plans for screening and buffering with refer- ence as to type, dimensions, and character? (4) proposed landscaping and provisions for trees ~rotected by County regulations) and (5) proposed signs and lighting, ~ncluding type, dimensions,'and character. Where this zoning ordinance places additional requirements on specific provisional uses, the petition should demonstrate tha~ such requirements are me~. ' B. Public ~eartn~. A public hearing shall be hel~ by the Planning Commission. Any party may appear p~rsonally or by agent or attorney. C. Notice of PublicHearin~. Notice of public hearing' shall be given at leas% ~tfte~n (15) days in advance of the . public hearing. The owner of the propert~ for which provisional use ks sought or his agent or attorney designated by him on his petition shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which provisional use is sought. Notice of the public hearing shall be advertised in'a newspaper of general circulation in the !~0o~ 655 1281 County at least one time at 1&asr fifteen (15) days prior to the public hearing. Notice shall be given by mail to all owners of property within three hundred (300) feet of the boundary lines of the property for which provisional, use is requested; provided, howeveri that where the petitioner is the owner of land not included in the petitioner's petition and such land that i~ not included IX the petition is a part of or adjoins the parcel for which the request is made, the three hundred (300) foot requirement shall be measured from the boundaries of the applicant's ownership, .in~luding the land not covered by petitioner's petition.' For purposes of this provision, owners of adjacent or nearby properties within the distance sat ~ut shall be deemed those whose names appear on the latest available tax rolls of the County. D. Findings. Before any provisional use shall be recommended for approval to the Board, the Planning CommissiOn shall make a written finding that the granting of the provt-. sional use will not adversely affect the the public interest and certifying that the specific requirements governing tho Individual provisional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable~ (1) Compliance with all elements of the Comprehensive Plan; '(2) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (3) Offstreet parking and loading areas, where required, with particular attention to the items in (2) above and economic, noise, glare, or odor effects of the special exception on adjoining properties and propez~les generally' in the district; (4) Refuse and service areas, with particular reference to the items in (2) and (3) above; (5} Utilities, with reference to locations, availability, and compatibility; , (6) Screening and buffering With refeYence .to type, dimensions and character; (7) Signs, if any, and proposed exterior lighting' with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district; (8) Required yards and other open space; (9) General compatibility with adjacent properties and other propgrty in.the district; (10) Any special requirements set out in the Schedule of District Regulations for the particular use involved. 655 E. Conditions and Safe uards. In recommending approval of any provisional use, the Plannlng Commission may also recommend appropriate conditions and safeguards in con~ formity with this zoning ordinance, Violation of such con- ditions and safeguards, which made a part of the terms under which the provisional u~u is granted,' shall be deemed.a violation of this zoning ordinance. Any provisional use shall expire six (6) months from the date of grant, unless extended by action of the Board, if by that date the use for which the ~rovistonal. use was granted has not been commenced; and a provisional use shall expire six (6} months following the discontinuance of the use for which the provisional use was granted if the use has not then been recommenced. F. Denial. If the Planning Commission shall recom- mend denial o~ a ~ovisional use, it shall state fully in its record its reasons for doing so. Such reasons shall take into account the factors stated in section 14.1 (D) above, or such of them as may be applicable to the action of denial, and the particular regulations relating to the speoific provisional use requested, if any. 2. Status of P~annin~ Comm!ss%on Report and Recommenda. ti6ns. The report and recommehdati0ns of"the Planning' COm- ~on required above ~hall be advisory only and shall not be binding upon.the Board of County Commissioners. 3. Board: Action on Planning Commission Report. Upon receipt of the"Planning CommisSi°n's rePOrt and reCommenda- tions, the Board shall hold a second public hearing with notice to be given as set out in section 14.1 (B & C) above.. 4. Failure of Board to Act. If a Planning Commission recommend~'~ion is n0t'"deCid~d within ninety (90) days of the date of closing of the public hearing, by t~e Board, the petition upon which the report and recommendation is based shall be deemed to have been denied, provided, the Board may refer the petition to the Planning Commission for further study. 5. Provisional Uses For. School,Religious Or Eleemosynary purposes: A use which has been approve~ by the Board of County Commissioners for.school~ religious or eleemosynary purposes shall be exempt from the provisions of Section 14; if found by the Board of County Commissioners to comply with Section 39.8 and all other zoning requirements of law. .( Section 15~ NON-CONFORMING.LOTS! NON-CONFORMING USES OF LAND OR WATER~ NON-CONFORMING STRUCTURES~,NON-CONFORMING USES OF STRUCTURES AND,PREMISESf AND NON-C~NF~RMING CHARACTERISTICS OF USES 1..Intent~ Within the districts established by this zoning orn~e or amendments that may 1stet be adopted there may exist lots, structures~uses of land or water and structure and, characteristics of uss which were lawful before this ordinance was adopted or amended, but which would, be pro- hibited, regulated, or restricted'under the terms of this zoning ordinance or future amendments. It is the intent of this zoning ordinance to permit'these nonrconformities to continue until they are voluntarily removed or removed as required by this zoning ordinance, but not to encourage their survival. It is further the intent of this zoning ordinance that non-conformities shall.not be enlarged upon, expanded, intensified, or extended, nor be used a~ grounds for adding other structures or uses prohibited elsewhere in the same district. Non-conforming uses are declared by this ordinance to be incompatible with permitted uses in the districts in- volved. It is the intent of this zoning ordinance to prohibit enlargement, expansion or'extension of non-conformities; the existence of non-conformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in a zoning district. A non-conforming use of a structure, a non-conforming use of land or water, or a non-conforming use of a structure and land or water in combination'shall not be enlarged or extended after the 'effective date of adoption or. amendment of this zoning ordinance by attachment on a structure or premises of additional signs intended to be read from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this ~oning ordinance shall be deemed to require a change in the plans, bonstruction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this zoning ordinance and'upon which'actual building construction has'bee~ carried on without interruption, except for Just cause. Actual construction is hereby defined to.include the placing of construction material~ in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to'rebuilding, such excavation, demolition, or removal shall be deemed to be' actual con- struction, provided that w~rk shall be carried on without interruption, except for.Just cause, until the completion of the new construction involved. ?! 2. NoniConf0rming Lots of Record: In any district in which sin~le'family dwellin'g~ are ~erditted, a s~ngle family dwelling and customay.accessory buildings may be erected, expanded, or altered on any single lot record at the effective date of this zoning ordinance, nothwtthstanding limitations imposed by other provisions of this ordin~nce. This provision shall apply even though such lot fails to me~t the requirements for lot area or.lot width, or both, that are generally applicable in the d/strict, provided that yard dimensions and other requirements other then those applying to lot area or lot width, or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only.through appeal.from the Director to the Board of Zoning Appeals. · In any multi-family or RT district, .multi-family dwellings or transit units and their customary accessory buildings may be erected, expanded or altered on any single lot or record at 1/mitations imposed by other provisions of ,this ordinance. This provision shall apply even though such lot fails to meet dimensions and.other requirements other than those applying to lot.area or lot. width or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through appeal from the Director to the Board of Zoning Appeals. 3~ Non-Conforming Uses of Lands or Waters (0~ Land With Mino9 StructUres Only) ~ '~here, at the effective ~ate of adoption or amendment o~ this zoning ordinance, lawful use~of lands or waters.exists which would, be permitted under this zoning ordinance, and where such use involves no individual permanently-fixed structure.with a replacement cost exceeding. S1,000 and no combination of permanently-fixed structures with a combined placement cost exceeding $4,000, the use may be continued, so long as it remains otherwise lawful, provided~' A. Enlargement.,.Increaset Intensification, Alterati'on~ Non such non-conforming use shall be enlarged, ~"tensifi~d, increased, or. extended, to occupy, a greater area of land or water than was occupied at the effec~ive date of adoption or amendment of this zoning ordinance. B. Movement~. Non such non-conforming use shall' be moved.in whole or-in part to any portion of the. lot. or parcel other than that occupied by such use at the effective date of adoption or amendment of this zoning ordinance. C. Dlsconttnuance~ If any such. non-conforming use ceases for any.reason (~cept when governmental action impedes access to the premises) for a period of more than ninety (90) consecutive days, any subsequent use of land shall conform to the regulations specified by this zoning ordinance for the distr~ct in which such land is located. D. Subdivision or Structural Additions: 'No land in non-conforming use shall be subdivided, nor shall any structures b~ added on such land except for the purposes and in.a manner conforming to the regulations for the district in which such land is located~ provided, however, that subdivision may be made which does not increase the degree of non-conformity of the use. E. Cessation of Non-Conforming Uses of'Lands or Waters (Or Lahds With Mino~ Structure~ Onl¥)~ fn all" residential districts'] the non-conform'lng use of lands or waters, or lands with minor structure~ only, as defined in Section 15.] above, is hereby declared to be a public nuisance and shall be discontinued not later than two (2) years from the effective date of adoption or amendment of these zoning regulations. ..... F. N~n-Conformttiv~' not Involvin~ the Use of a Princi~al Structure:' Non-conformiti~s ~ot invoi%ing the h~e of a principal structure, including but not limited to, open storage, building supplies, vehicles, mobile homes, trailers, implement and machinery storage, junk yard, commercial animal yards and the like, shall be discontinued within one (1) year of the effective date of this ordinance or amendment. 4. Non-Confp.r~in~ _Structures: Where a structure exists lawfully under this zoning ordinance at the effective date of its adoption or amendment that could not be build under this zoning ordinance by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it kemain otherwise lawful, subject to the following provisions= A. Non such non-conforming structure may be enlarged or altered in a way w~ich increases its non-conformity, bu~ any structure or portion thereo~ may be altere~ to decrease its non-conformity~ B. Should such non-conforming structure or non- conforming portion of structure be ~estroyed by any means to an extent of more than fifty (50) percent of its assesse~ value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance. C. Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it mhall thereafter conform to the regulations for the district in which it is located after it is moved. 73. 5. .Non-Conformin~ Use of Major Structures~ or of Major Structures and'Premises in Co~ination: Where, ~t th~ eff6cti%e dat~ of adoption or ame'ndmen't of this zoning ordinance, lawful use of structures, or of structures and premises in combination exists involving an individual, permanently-fixed structure with a..replacement cost at or exceeding $1,000 or a combination of permanently-fixed structures with a replacement cost at or exceeding $4,000, such use may be continued so long as it remains othe~¢ise lawful provided= A. Enlar~emant~ E~tenWion~ Alterationr etc. of Structure: N~n existing structure ~6%6ted t6 a use not pe~mitted by this =onihg ordinance in the district in which such use is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. B. ~xtension of Use in Building Man~festly ' ' Designed for SUch Use: ;~ny non-conforming use may be extende(~ throughout any pa{ts of a building which were manifestly 'arranged or designed for such.use at the effective date of adoption or amendment of this zoning ordinance. 'Any non- conforming usa which occupied'a portion of a building not originally designed 'or intended for such use shall not be extended to any other part of the building. No non-conforming use shall be extended to occupy any land outside t~e building, nor any additional building on the same lot or parcel, not used for such non-conforming use at the effective date of adoption or amendment.of.this zoning ordinance. C. Change in Tenancy or Ownership~ There may be a change in tenancy, ownership,.or management of a non- conforming use provided there is no change in the nature or c~aracter of such non-conforming.use. .. ' D.. Change in Use~ If no structural alterations are made, any non-conforming use of a structure, or of a structure and premises'in.combination m~y.be changed.to another non-conforming use of the.same character, or to & more restricted but non-conforming use, provided the Board ofZoning Appeals,.upon application t~ the. Director, shall find after.~ublio notice and.he.aring that the proposed use is equal or more appropriate 74' 655 r 129Q to the district than the existing non-conforming use and that the relation of the structure to surrounding properties will not be greater than if the existin~ non-conforming use is continued. In permitting such change, the Board of Zoning Appeals may require appropriate conditiuns and safeguards in accordance with the intent and purpose of this zoning ordinance' (See also Section 41). E. Change to Conforming Use Requires Future g.onformitI with DistriCt aegulations. Any structure, or structure and ~remises in combination, in or on which a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use shall not thereafter be resumed nor shall any other non-conforming use be permitted. F. Discontinuance. If any non-conforming' use of a. structure, or structure and premises in com- bination, is abandoned, discontinued, or ceases for any reason (except when governmental action impedes access to the. premises) for a period of six (6) consecutive months or for a period of eighteen (18) months during any three (3) year period, the structure,. or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the di,trtct in which it is l~cated. G. Subdiv~sion or Structural Addit£ons. Premises of maJo~ structures (hav~'ng raises as ~n~icated Section 15.5 above), where such major structures are used for non-conforming purposes as of the effective date of adoption or amendment of this zoning ordinance, shall not be subdivided, nor shall any structures be added on such premises, except for. purposes and in a manner conforming to the regulations for the district in which such premises are located. ~. Destruction of Ma~or Structure or Structures. Where non-conforming use status appli~ to a major structure or structures, or to a ma~or st~u. Cture or structures and premises' ~n combination, removal or destruction of the structure o~ structures shall eliminate the non-conforming status of the land. "Destruct~on" of the structure for purposes of this sub-section ~s hereby defined as damage to an extent of more than f~fty percent of the assessed value at the time of desSructi~n. UpOn removal or destruction as Set out in this paragraph, the use of land and structures shall thereafter conform to the regulations for the district in which such land is located. I. Non-Conforming Uses in Residential Districts Involvin~ Ma~ Buildings D&signed for a Permitte~Use.. In 75 4 all residential districts, all non-conforming us~s of part or all of major buildings (as defined in Section 15.5 above),which buildings were originally designed and intended for any use which is permitted in the residential district in which the building is located, shall be terminated or made to conform with the regulations of the district in which the building is located within five. (5) years from the date such use became non-conforming under this zoning ordinance. J. Non-Conforming Uses in Resi~ntial District Involving Ma~'r B~i'!din~s Not De'~ig~ed fo~ .a '~'rmitted Us~. In all residential districts~ any building, all or substantially all of which is designed, ~rranged, or intended for a use permitted in commercial or industrial districts under this zoning ordinance shall be removed or it shall be altered and converted to a building designed for a use permitted in the residential district' in which it is located within six (6) months after the termination of the periods set out in this subsection. The starting date for the measurement of the time period is the date of the original construction of the building. The ~eriods of time herein set out are declared to constitute the reasonable amortization period of th~ normal, useful life of each class of building and type. of construction above the foundations, said types of construction being as defined and specified in the Building Code of Collier County. Type I Fireproof Construction 40 years Type II FAre-Resistive Con- ~tuction 30 years Type III Heavy Timber Con- struction 25 years Type IV Non-Combustible Frame Construction 25 years Typ6 V' Ordinary Construction' 20'years Type VI Wood Frame Construction 10 years K. Effect of Remodeling or Addition Prior '' to Date Major'-BUilding-Covered Under section 15.5 ('J) · ~ecame Non-Conformi'n~. If, pr'[0'r' to th~ effective da're of these zoning regul'ations or their amendment, sub- stantially all of a building designed and utilized for a use which is not Permitted in the district in which it is located has been remodeled, or if an addition at least equaI in size or valuation has been attached thereto, 655 then for the purpose of applying Section 15.5 (J) of this zoning ordinance, the date of issuance for the building permit therefore shall be taken to be the date of issuance of the building permit for such remodeling or addition. L. Exemptions. No ~on-conforming religious or educational institution or non-conforming residential use or building shall be subject to the termination provisions of Section 15.5 (J). 6. Non-Conforming Characterist£c~ of Use. If characterkstics of use, such'as signs,' off-street parking or off-street loading, or other'matters per- taining to the use of land, structures, and premises are made non-conforming by these zoning regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which incr,as~s non-conformity with the regulations set out in these zoning regulations~ provided, however, that changes may .be made which do not increase, or which decrease, such non-conformity~ and provided further, that in all' residential districts, non-conforming signs shall be removed within one year of the effective date of adoption or amendment of this zoning ordinance or that within the period of one ~ear such signs shall be made to conform to the regulations of the district in which they are located.- 7. Repairs and Maintenance. On any non-conforming structure or portion of a structure and on any structure containing a non-conforming use, work may be done in ' any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non- bearing walls, fixtures, wiring, or plumbing to an extent not exceeding twenty (20} percent of the current assessed valuation of the structure (or of the non- conforming portion of the structure if a non-conforming portion of a structure is involved), provided that the cubic content of the structure existing.at the date it becomes non-conforming shall not be increased. 8.. ~on-Confor~. ing Structures. Unsafe BecauSe'of Lack of M~intenance. If a non-conforming struSture or portion of a structure, or any structure containing a non-conforming use, becomes physically unsafe or un- lawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or re- built except in conformity with the regulations of the · district in which it is located. 77 655 ,'^c 1293 9. Non-Cbnforminq Structures Unsafe for Reasons Other Tha~te~. I--~ ~ non-con.orm ng ' structure or por t~on-I~--6~ a structure, or any structure containing a non-conforming use, becomes physically · unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing contained herein shall' be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to unsafe by the authorized official of the County charged with protecting the public safetyt provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentag, of damage limitations set out iA Section 15.4 (B) or lS.5 (H), as the case may be, shall apply. 10. Stru=tures Confor~.in~ as.to Use. and Location. Where a structure is conforming as to location and use~ nothing in this zoning ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of such structure or part thereof declared to be .unsafe by the building official of the County. charged with protecting the public safety. 11. ~asual, Temporary, or Illegal Use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be suff~cient to establish the existence of a non-conformin~ use or to create rights in the continuance of such use. 12. Uses Under Provisional Use Provisions Not Non-Confo~ming Use&i. Any use which is permissibl~ as a provisional use in a d~str~ct un,er the terms of this zoning ordinance shall not be deemed a non-conforming use in such district, but shall without further action be deemed a conforming use ~n such district. 78 BOOK 655 Section 16. TEMPORARY USE PERMITS. 1. General. Certain uses are temporary in character. They vary i~ type and degree, as well as in length oK time involved. Such uses may have little impact on surrounding and nearby properties or they may present serious questions involving potential incompatibility of t~e temporarY ous~twlth existing and projected permitted or permissible uses is the intent of this zoning ordinance t~ classify temporary uses and to provide for permitting, administration/ and con- trol of such uses according to the several classi~ications herein set out. Unless otherwise specified in this zoning. ordinance, this section governs temporary uses. 2. Temporary Construction and Development ~ermits~ In the case of real estate deVeloPme~t'br6Jects i" any zoning district, the developer may request a Temporary Use Permit for a period not to exceed 12 months to allow promotional, storage and fabrication activities which are needed during construction and sale of the project. The following uses may be permitte~ under the terms of such a temporary permit= A. Temporary on premises-Real Estate Sale Offices ~. Equipment and Construction Materials, storage, processing and Fabrication Facilities.. C. Temporary office space for persons engaged in the development. D. Temporary signs, in conformity w~th all current sign regulations. E. Mobile Radio or Television Equipmen~ and Antennae. F. Temporary Mobile Home as office or stor,ge but not for residency other than for a watchman or caretaker~ G. Temporary structures and equipment for roa~ build- ing, public utility const=uction, and public government pro~ects. Ap~licants for the temporary use permit shall sub- mit plans to the Director indicating the area in which the temporary.use permit is to apply, the nature of the use and activities requested and time period requested. The Director may grant or deny a temporary cons- truction and development use permit and in.addition, may also .stipulate= A. Traffic Safety Measures B. Additional Parking Requirements C. Limited Activity ~ours D. Additional Landscaping for temporary permit areas E. Additional on premise safeguards, which may include but not limited to: (1) Watchman 79 (2) Fencing (3) Lighting (4) Sanitary Measures F. A faithful performance bound to guarantee compliance with the conditions of,the permit. · G. Upon the termination of the first one year permit period, application must be filed for an extension of the permit stating the reason for extension and the time required. The Director may extend the permit, on a year to year bas~s or less, for the development life of the project. Such extension may be made subject to the stip~lations of the Previous permit or may be amended as determined necessary by the Director. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Zoning Ordinance and shall be subject to the penalties therein. '' 3. Temporary Sales and Sports'Events~ In the case of temporary's'~les ~us'h as Christmas tree ~al'es, grand openings, going out of business sales (exclusive of garage sales, lawn sales and ~imilar private home sales), special promotional sales, and sports events, the director may grant a non- renewable two-week permit for such events and may include the placement o£ temporary signs, merchandise, temporary structures and equipment, and temporary mobile home as office, but not for residenc~' In making, such approval, the Director may stipulate the following requirements as he deems appropriate to the cases A. Traffic Safety Measures B. Additional Parking Requirements C. Limited Activity Hours D. Watchman, Fencing, Lighting E. Sanitary Facilities F. A faithful performance bond to guarantee compli- ance with the conditions of the permit. If the temporary use is not discont~nued upon mxp~ra- tion of the permit, it shall be deemed a violatto,! of the Zoning Ordinance and shall be subject to the penalties therein. 8O Section 17. RELATION TO STATE AND FEDERAL STATUTES A. Required State and/or Federal Permits= Where, proposed use or development requires'State or Federal per- mits prior to use or development from State or Federal, agencies, such permits must be secured prior to commencement of any construction and/or development~ including any changes in land conformation or land preparation. B. Development of Regional Impact~ Where a proposed use or development falls within the provisions of Chapter 380.06, Florida Statutes a development of regional impaot is required by State.law and administrative r~le. C. Big Cypress Area of. Critical State Concern~ Any use or development within the Big Cypress Area of Critical State Concern shall meet all of the requirements of Section 22F-3 Florida Admtnlstrative Code prior to the issuance of any required County Permits and commencement of construction or development. 81 655 ^c 1297 Section 18. OFFSTREET PARKING AND OFFSTREET LOADING. 1. Intent. It is the intent of'this zoning ordinance that the pu--~ health, safety, comfort, order, appearance, convenience, morals, interest, and general welfare require that every building and use erected or instituted after the effective date of this zoning ordtance shall, be provided with adequate offstreet parking facilities for the use of qccupants, employees, visitors, customers, or patrons. It is also the intent of this zoning ordinance that certain uses must provida adequate offstreet loading facilities. Such offstreet park- ing and offstreet loading facilities shall be maintained and continued so long as the main.use continues. (For definitions of "parking space, offstreet", and "loading space, offstreet" see Definitions Section.) 2. General. Offstreet pa~king and offstreet loading facllitie~ shall be provided as set out in this zoning ordi- nance. Conforming buildings and uses existing as of the effective date of this zoning ordinance may be modernized, altered, or repaired without providing additional offstreet parking or offstreet loading facilities, providing there is no increase in floor area or capacity or change in use which would require additional offstreet parking. Where e conforming building or use existed as of the effective date of this zoning ordinance and such building or use is enlarged in floor area, volume~ capacity, or space 6ccupied, offstreet parking and offstreet loading as specified in this zoning ordinance shall be provided for the additional floor area, .volume, capacity, or space so created or used. Where a use and building exiated at the effective date of this zoning ordinance and the use is changed after the effective date of this ordinance and where this ordinance requires such later and changed use to have greater required offstreet parking, then additional offstreet parking shall be provided for the later an~ changed use to the extent of the difference between the la,er use and th~ prior use and as though both uses had been subject to this ordinance. 3. Offstreet Parking Facilitest Identification, Surfacing~ Drainage, Lighti"g,'Acc'ess. Required o£fstreet parking facilites shall bet A. Identified as to purpose and location when not clearly evident; B. Where five (5) or more spaces are required~ . surfaced with asphalt, bituminous, or concrete material and maln=a~ned in smooth, dustless, and well graded condition ~'f 655 c 1298 (driveways, access aisles, and offstreet parking spaces for houses of worship, and public and private schools offering academic courses may be surfaced with grass or lawn}. This paragraph does not apply in agricultural and estate districts~ C. Drained and sloped so as not to cause any nuisance to adjacent property or to public property or rights of wayl D. So lighted, if lighted, as to shield streets and all adjacent properties from direct'glare, excessive light, and hazardous interference with automotive and pedestrian trafficl pedestrians'a~d vehicles. 4. Offstreet Par~in~: Location A. The'~quired 'o~f~tre&t parking facili~ies shall be located on the same lot or parcel they serve or may be located on a contiguous lot in the same ownership and not separated by a street, with the permitted use of the contiguous lot permitting the same use as the lot on which the principal structure is located and provided interior property lines between the lots are vacated in accord with the Collier County Land Development Regulations. ~. Each offstreet parking space must be directly accessible from'a street, alley, or other public right of way.or accessible by an a~eguate access aisle or driveway leading to or from a street, alley, or other public right of way. Except for single and two family awell£ngs, all offstreet parking fac~lities must be so arranged that no automobile shall have to back onto any street. No entrance or exit to a required offstreet parking area shall be closer than ten (10) feet to a street intersection. 5. Offstreet Parkin~ Plans Re~uired. A plan shall be submited with every appli~ation for a building permit for any building or use that is required to provide offstreet parking. The plan shall accurately designate.the required parking spaces, other spaces in excess of reguirements, access aisles, and driveways, relatio~ of the offstreet parking facilities to the uses or structures such facilities are designed to serve, and relation to the streets into which the automotive vehicles of the parking area will be discharged. 6. Offstreet Parkin~ Mixed Uses. Where several types of uses are to be locates in a single building, or where several types of uses ars to'be located in two (2) or more buildings on a s~te under single ownership or management, the computation or required offstreet parking spaces shall be the total of the several uses computed separately. 7. No part of an offstreet parking'area required for any building or use shall be included as a part of an off- street parking area similarly required for another building or use unless the Planning Commission recommends and the- Board finds that the type of use indicates that the period of usage will not overlap or be concurrent with each other. 8. Offstreet Parking: Uses Not Specifically Mentioned. Requiremehts' for offstree~ parking for uses not specifically mentioned in this ordinance shall be the same as for the use most similar to the one sought, it being the intent of this zoning ordinance to require all uses to provide offstreet parking, unless specific provision is made to the contrary.. 9. · Offstreet Parking: Fractional MeasUrements. When units or measurements determining number of'required. offstreet parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one half (%) shall require a full offstreet parking space. 10. Offst~eet Parking= MeasurSment. Where this zoning ordinance requlres ~ffstr&ot pa~king based on various types of measurements, the following rules shall applyz A. Floor area means, for the purposes of this subsection only, the gross floor area inside the exterior walls, unless otherwise specifically indicated; B. In hospitals, bassinets do not count as beds; C. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four. (24) lineal inches of such seating facilities counts as one seat; D. Requirements based on number of employees or persons employed or working in an establishment must be clearly marked and reserved for the use of such employees or workers. When the number of employee~ increases after the building or structure is occupied, then the amount of off- street parking provided must be increased in ratio to the increase of the number of employees. 11. OffStreet Pa~kinq: Minimum Requirement. Irrespec- tive of any other requirement of this' zoning ordinance, each and every separate individual store, office, or other business shall be provided with at least one offstreet parking space, unless specific provision is made to the contrary. 12. Offstreet Parking~ EncroaChments Prohibited. Required ~ffstreet parking spaces shell"be s~ locate~ that no automotive vehicle when parked shall have any portion o~ such vehicle overhanging or encroaching on public right of way or the property of another. If necessary, wheel etope 84 or barriers may be required in order to enforce this provision. 13. Offstreet Parkin~t Reservation~ 'Areas r~served for required ~fkstreet parking &C¢or~ing With the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted or.permissible use that It serves is discontinued or modified, or equivalen~ required offstreet parking ks provided meeting the requirements of . . this ordinance. ' 14. Offstreat Parkin~l Non-Conforming Use. Where the required ~ffstree~'"'parking ~akes a use non-conf6rming,no major alteration, repair or extension of that use may take place ~ntil such time as additional parking i§'s~pplie~'whid~ will make the total use in conformance with these requirements. ~, 15. Offstreet P&rkin~ Required Amounts.. Offstreet parking r~quireme~ts~are a~"follOwSI Single family dwelling~ One (1) space within the building setback line RM-1,.RM-1A Multiple Family Dwellings RN-2 M~ltiple Family Dwelling Town or Row house= Two (2) spaces per dwelling unit One and one-half (1%) spaces per dwelling unit Two (2) spaces for each dwelling unit Mobile Home Park, Sub- division~ Mote~, hotelt See Section 13.28 & 1~.29 One and one half (1%) spaces per unit for the first one hundred (100) units plus one (1) space for each additional unit thereafter. Hospitals: Nursing home, home for the aged, con- valescent home: ~ouse of worship~ Two (2) spaces per patient bed.' One space per two (2) beds. One space for each two (2) seats chapel or auditorium Funeral home= Stadium, Sports Arena, Theatre, or other place of pubIic assembly other than those listed else- where= Elementary or Junior High School: Senior'High Schoolt Medical, Dental Office. Other Professional or Business Officsz Restaurant (other than Drive-In), Bar, Night Club~ 655 One space for each two (2) s~atu in rooms for services or chapel. One space for each three (3) seats~ or one (1) space per forty (40) square feet of the gross floor .area whichev~r is greater. Two (2) spaces.for each classroom or office room, plus one space for each ~50 square feet of seating area (including aisles) in'any auditorium, gymnasium, or cafetorium intended to be used as a place of assembly, but where seating is not permanently fixed. Permanently fixed seating shall be as for stadium, etc. above As for elementary and Junior high schools except seven (7) spaces for each clacsroom or office room. One space for each doctor, nurse, or employee, plus two (2) spaces for each consultation, practice and/or examining room. One (1) space per 1~9 square feet of gross floor area for the first 3,000 square feet and one (1) space for each additional 250 square feet of gross floor area above 3,000 'square feet. One space for each two (2) seats in public rooms, whether seating is fixed or moveable or one (1) space per sevenk¥ (70) square feet of the gross floor area whichever is greate~ ,' Restaura,ts (Drive In), Fast food service, etc.~ Agricultural Uses: One (1) space per thirty (30) square feet of the gross floor area. Unrestricted, except no off- street parking or loading shall be on public rights-of-way. Child Care Center, Day Nursery, Kinder- garten~ Private Clubs, or Lodges= ~o (2) sppces for each employee plus adequate provision for loading and unloading children off the street during peak hours. 1 space for each fou~ (4) lodging units2 Nurses~ ~ome, Co~ventt Monastery: One space for each four (4) lodging units Golf Courses Provide four (4) parking spaces for each golf hole. ~'~ere restaurants bars, cocktail lounges and tran- sient accomodations are made an integral part of a golf course enterprise then 50% of tha spaces required for the golf course shall be credited to the parking requirements of suc~..~upplemental facilities. 'Public Tennis or Handball Courts Two per court Commercial or Membership Racquet Clubs Three (3) per court plus additional spaces as required for other uses. Yacht Club or private clubs are an integral part of the yacht club, then 50% of the spaces required for the slip may be credited to meet the parking requirements of such integral, facilities. or R~creation Facility · (not otherWise listed) One space for each 200 square feet of gross .floor area, or one space for each three .(3) seats, whichever is greater. 87 One space per slip. ~ere restaurants Harina Dance, Art, Music Studio Art Gallery or Museum Retail Shops, stores, department stores, and other unlisted commercial Banks or Pinancial Institutions Bowling Alley Wholesale, Warehouse or Storage Establishment Industrial Activity (not otherwise listed) ~o spaces for each 3'Duet slips or moorings One space for each 300 square feet of gross floor area. One space for each 250 square feet of floor area open to the .public. One (1) sp~ce per 250 square feet or any part thereof of the gross floor area for the first 10;000 square feet .and one space per additional'400 square feet Or any. part thereof thereafter As for commercial or service establishments, provided any bank or financial institution providing drive-in fac£1ities must have approval of a site and development plan under Section 39.8 Five (5) spaces per 1000 square feet of gross floor area. There shall bo provided three (3) parking spaces for the first 2500 square feet of floor area and one parking space for each additional 1000 square feet or any part thereof of floor area. In no event shall there be fewer than three (3) spaces provided per use. Provide one (1) parking space (exclusive of aervice roads, entrances and exits) for each 1000 square feet of the gross floor area in the building up to 10,000 square feet and then one (1) parking space for each 2,000 square feet of gross floor area thereafter, or one (1) parking space for each two anti- cipated employees, whichever requires the greater number of .parking spaces. If retail sales 87.1 Temporary Parking for Sports Events Outdo6r Recreational Facilities New and Used Car Sales arc conducted in connection 'with such industrial use, additional offstrest parking shall he provided as required by the provisions hereof.relating to such commercial uses. The portion of the structure allocated fo~ retail sales shall be used as a basis for determining additional offstreet parking to be provide~. In no event shall there he fewer than five ($) parking spaces provided per building. In the case of a stadiUm or other sporting facility which operates on a seasonal basis, the required offstreet parking may be provided on a temporary basis and need not be permanently designated, paved, drained, or landscaped provided use has been approved and issued by the Director. Other outdoor recreational facilities not otherwise covered herein, shall require one (1) parking space for.oeach two anticipated participants, as may be determined by the Director. In no event shall there be 'fewer than five (5; spaces provided per facility. Provide ten (10) parking spaces, plus one (1) space for each 200 square feet of office and principal showroom spdce, plus one (1) space for each additional 1000 square feet of repair and main- tenance space, none which may be used for merchandise inventory parking. In no event shall there be less khan one (1) space for each 10,000 square feet of gross land area. l 5 , 146 655 .,c 1305 16. Offstreet Loading: Specifications. Offstreet . loading facilities are required by'this zoning ordinance so that vehicles engaged in unloading will not encroach on or interfere with the public use of streets and alleys by pedestrians and automotive vehicles and so that adequate space is available for the unloading and loading off the street of goods, materials, or things for delivery and shipping. Offstreet loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. Offstreet parking facilities may not be.used for counted as meeting offstreet loading requirements. When the uss of a structure or land or any part' thereof is changed to a use requiring offstreet loading facilities, the full amount of offstreet loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy 'requires offstreet loading space, the full amount of such space shall be supplied and maintained for the structure of use in its enlarged or extended size. Each offstreet loading space shall be directly accessible from a street or alley without crossing or entering any other required offstreet loading space or offstreet parking space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer 'combination. 17. Offstreet Loadinq~ Plans Required. A plan shall be submitted with every application for a building permit for any use or structure required to provide offstreet loadlng facilities. The'plan shall accurately designate the required offstreet loading spaces, access thereto, dimensionsl and clearance. 18. Offstreet Loadin~z Reservation. Areas reserve~ for required offStreet loading according with the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required offstreet loading is provided in accordance with the require- ments of this ordinance. 19. Offstreet Loading Reqpireme~t~z Offstreet loading spaces'shall be pr6~ided and maintained as follows: A. Each retail store, warehouse, wholesale establish- ment, industrial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment,' or similar use which has an aggregate floor area of: . No. of Spaces ~' bu~ not over ' 89 5 IFF655 . .~. No. of Spaces but not over 20,000 2 20,000 " " " 50,000 3 Plus one additional offstreet loading space for each additional 25,000 sq. ft. over 50,000 sq. ft. or major fraction thereof. B. Pot each multiple dwellin~ facility having at least" twenty (20) dwelling units but not over fifty (50) dwelling units: one space. For each multiple dwelling facility having over fifty (50) dwelling units: one space,, plus one space for each additional fifty (50) 4welling units, or maJo? fraction thereof. C. For each auditorium, convention hall, exhibition ha11~ museum, hotel or motel, office building, sports arena, stadium, two or more building or uses may be made, provided that such offstreet loading facilities are equal in size and capacity to the combined requirements of thc several buildings or uses and are designed, located, and arranged to be usable thereby; hospital, sanitarium, welfare institution, or similar use which has an aggregate gross floor area of: Over 5,000 sq. ft. but not over 20,000 sq. ft.: one spacei plus for each additional 25,000 sq. ft. (over 20,000 sq. ft.) or major fraction thereof; one space. D. For facilities in paragraphs (A}~ (B), and (C) above not of sufficient size to meet the minimums therein set out, each such facility shall provide offstreet,loading on the property, in accord with section 18.16-19 of this ordinance, to insure that no deliveries or shipment of goods or products will require the use, however temporary, of any public right of way or required offstreet pazking space for the parking o£ a delivery vehicle. E. For any use not specifically mentioned, the require- ments for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. c 90 655 Section 19. _REQUIRED LANDSCAPING FOR OFF-STREET · VEHICULAR FACILITIES. 1. General. Wherever in' any zoning district off- street facilities are provided for the parking or dis- play of any or all types of vehicles, boats, or heavy construction equipment (whether such vehicles, boats, or equipm, nt are self-propelled or not), for off-street loading and trash pickup purposes, or for the vehicular traverse of the property as a function of the primary use (including drive-in facilities of any type), such off-street vehicular facilities and land shall conform to at least the minimum landscaping requirements of this section of this zoning ordinance; provided single family and two family dwellings on individually platted lots are exempt from the requirements of this section. All such required landscaped areas shall be protected from vehicular encroachment by curbs, wheel stops, or other similar devices. 2. Plant Material. ~'.' Q~lity. Plant materials used to meet the requirements of this section must meet the Standards for Florida No. I or better, as set out in "Grades and Standards for Nursery Plants," Part I, 2963, and Part II, Department of Agriculture, State of Florida. B. Trees. All trees shall be species having an average ma u%-~-~ spread or crown of.greater than fifteen (15) feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. (Although palm trees may be utilized as part of a landscaping plan, palms shall not be utilized in fulfilling more than thirty (30%) percen~ of the requirements of this section.) Trees shall be a minimum of seven (7) feet in height at time of planting. Species of trees whose roots are known to cause damage to public roadways, sewer or water systems, or to public facilities are not permitted in landscaped areas required by these regulations. C. Shrubs.and Hedqe~. Shrubs shall be a minimum .of two (2) feet in height Whe~ measured at time of planting. Hedges, where required, shall be planted and maintained so as to form a continuous, Unbroken, solid visual screen within a maximum of one (1) year after time of planting. 655 ¢^ d.308 D. Vines. Vines shall he a minimum of thirty (30} inches in---h~-fght at time of planting an8 may be used in conjunction with fences, screens, or walls to. meet physical barrier requirements.as specified. E. Ground Covers. Where used, ground covers, over all or pert of the required area, must be planted in a manner which presents a finished appearance and complete coverage. They shall be used with a decorat£ve ~ulch such as pine or cypress bark or material of similar nature. In no instance shall stohe or gravel or any artifi~ial ground covers be utilized for more than twenty {20%) percent of the required landscaped area. F. Lawn Grass. Grassed areas shail be planted in species normally grown in permanent lawns in the Collier County area. Grassed areas may be sodded, plugged, sprigged, or seeded; provided, solid sod shall be used in swales or other areas subject to erosion, and provided, further, in areas where other than solid sea or grass seed is used, nursegrass seed shall be sown for immediate ground coverage until permanen~ coverage is achieved. G. Prohibited Trees. The following trees are specifically ~rohibited from use for meeting any land- scaping requirement under this section= (1) Broussonetia papyrifera {Paper mulberry) (2} Causuarinaceae {Australian Pine) (3) EnteroloUiom cyclocappum (Ear tree) {4} Melaleuca leucadendra (Punk) {$) Melia azedarach (Chinaberry tree) (6) SchinuB terebinthinfolius (Brazilian Pepper tree) (Florida Rolly) ~. Ex~.stin~ Plant Material. In meeting t~e requirements of landscaping for o~f-street vehicular facilities, the Director may permit use of healthy plant material existing on a site prior to site devel- opment. In so doing, the Director may adjust the .application of the ,tandards of these regulations %0 allow credit for such existing plant material, provided, he may not permit the reduction of required'percentages of a landscaped area~ reduction in numbers of trees or shrubs re~uired, or ot~er elements of these regulations. - Removal of trees is subject to the County Tree Pro- tection Ordinance. 3. Landscape Plan Approval. Prior to the issuance of any building permit (except for single f~ily o= two family dwellings on individually platted lots}, an applicant whose ~evelopment is covered by the requirements. of this Section 19 shall submit a landscape plan to the Director. The plan shall be drawn to suitable scale, indicate the location and size of buildings, if 92 655 any, to be served, sho%~ the location of planting pro- tective devices, show the m~thod of water supply and full provision for future maintenance, indicate any existing and proposed off-street parking areas and .other vehicular use areas, access points, aisles, and driveways, and show location of planting areas and designated planting locatio~s by species. The landscape plan required under this subsection may be submitted separately or as a part of other plans that may be required for building permit application or application or petition for other permit under this zoning ordinance, but no use required under this Section 19 to provide landscaping shall receive permit approval withou~ specific approval of such landscaping plan. 4. Installation. Prior to the issuance of any certificate of occupancy for a use required to have landscaping in accordance with this Section 19, all re- quired landocaping must be planted and in plac~ as out in the landscaping plan approved under Section 19.3. All plant materials must be installed in accord with ac- cepted landscape practices in the area. In instances where act of God or conditions outside the control of the~developer have prevented i~ediate planting, the Director, if furnished with'good and sufficient evtdencm that required plantings will bo installed when conditions permit, may issue a temporary certificate of occupancy; suchtemporary certificate shall be issued to a date' certain, with a notort~ed statement by the developer that he wlll bear all costs of vacating occupancy, eluding any court and legal fees the County may incur, if the plantings have not been installed by the set in the temporary certificate of occupancy. 5. Maintenance.. The owner shall be responsible for the cbntinued ~intenance and upkeep.of all required landscaping. Required landscaped areas shall be main- tained at all times to presen~ a healty, alive, neat, 'and orderly appearance for persons passing on public wayz and shall be kept free of refus~ ~nd ~ebris. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within thirty (30) days 'if they die. 6. Development Standards. ~. Required Landscaping .AdSacent to Vehicular Rights of ~ay~--'On any parcel providing an of'fhstreet ~F~tng area or o~her vehicular use area ~%ere such area will not b~ entirely screened visually by an intervening building or structure fro~ any abutting right of way, excluding alleys (except where properties 93 across the alley are zoned residential), there shall be provided landscaping betwean such area and such right of was as follow~: , (1) A strip of land at least six feet in depth measured at right angles to the property lines and located between the abutting right of way and the off-street parking area or other vehicular use area which is exposed to an abutting right of way shall be landscaped to include an average of one (1) tree for each fifty (SO) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and off-street parking area or ot~er vehicular use area and shall be planted in a planting area of at least twenty-five (2S) square feet with a minimumdimens~on of five (5) feet. (2) In addition,a hedge, wal~, or other opaque durable landscape barrier of at least two (2) feet in height shall be placed along the entire length of such landscaped area. If such opaque durable barrier is on non-living material, for each ten (10) feet thereof such barrier need not be spaced ten (10) feet apart. Such .shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other landscape treatment. (see also Section 8.1). B. ~ Vehicular Use Landscapinq Ad,scent to ~nterl~t~On any ot prov lng an off-street parking area~?~ other vehicular use area, landscaping shall be provided between such area and any interior property lines as follows: (1) A strip of land at least five feet in width measured at right angles to the property lines and located along and parallel to the property lines shall be landscaped to include an average of o6e tree for each fifty (50) linear, feet of such interior property line or fraction thereof, such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least twenty-five (25)' square feet of planting area with a minimum dimension of at least five {5) feet. In addition to the required trees, each such planting area shall be landscaped with grass, ground cover or other landscape mat~rial, ex-' eluding paving. . (2) Where such area abuts property zoned or, in fact, used primarily for residential or institutional purp~sea, and for that portion of such area not entirely screened visually by an intervening structure or existing conforming buffer from an abutting property, there shall be provided a landscaped buffer area designed and planted so as to be eighty (80) percent opague when viewed horizontally at three (3) feet above ground level, and said plant materials should reach a height of five (5) feet within two (2) years after planting. A fifteen (15) foot wide landscaping area may 94 .¢ 655 Acd311 substi~u~e the requires throe (3) ~oot high plantefl bu~er. Such landacapa buffar shall be ].ocateg bet~ceen the common lot line and the elf-street parking area or other vehicular use ar~a exposed to the abvtting prop.try so that the purpose of screening the offstreet parking area or other vehicular use area is accomplished. 94-1 scrmmn.d visually by an intervening structure or existing conforming buffer from an abutting property, there shall be provided a landscaped buffer area designed and planted so as to be eighty (80) percent opaque when viewed horizontally at three (3) feet above the ground level, and said plant materials should reach a height of five ($) feet within two (2) years after planting. A five (5) foot wide landscaping area may substitute the reguired three (3) foot high planted buffer, provided that no such structure exists on the adjoining lot. Such landscape buffer shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property so that the purpose of screening the off-street parking area or other vehicular use area is accomplished. C. Re uired Vehicular Use Interior LandscaDtng. In addition to the requirements or an scaplng o areas adjacent to public rights of way and interior property lines set out above, landscaping must be provided for the interior of the lot containing vehicular uses as follows: (1} Off-street parking areas shall have at least ten (10) square feet of interior landscaping for each parking space excluding those spaces abutting a per~meter for which landscaping is required by other sections hereof. Other vehicular use areas shall have ten (10) square feet of landscaped area for each five hundred ($00) square feet or fraction thereof of paved area for the first fifty thousand (50,000) square feet of paved area plus ten (10) square feet of paved area for each one thousand (1,000) square feet of paved area or fraction thereof over fifty thousand (50,000) square feet. Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of determining the other vehicular use areas by first multiplying the total number of parking spaces by three hundred (300) and subtracting the resulting figure from the total square footage of paved area. (2) Each separate landscaped area shall contain a minLmum of fifty (50) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one (1) tree, with the remaining area adequately landscaped with shrubs, ground cover, or other landscaping material not to exceed two and one half (2%) feet in height. The total number of trees shall not be less than one for each hundred (100) square feet or fraction thereof of required interior landscaping area. Such landscaped areas shall be located in such a manner as to divide and break up 95 ~FF 855 , 1313 the expanse of paving and at strategic points to guide traffic flow and direction. (3) In other vehicular use areas where the strict application of thi~ subsection will seriously limit the function of said area such as off-street loading or trash pickup areas, the requi'red landscaplng may be located near the perimeter of the paved area. Such required interior landscaping which is relocated as herein provided shall be in addition to .the perimeter landscaping requirements. (4) The front of a vehicle may encroach upon any interior landscaped area or walkway when said area is at least three and one-half ¢3%} feet in depth per abutting parking space and protected by motor vehicle wheel stops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. (5) Wherever a common accessway is located on a common property line and providing access to off- street parking areas or other vehicular use areas on abutting properties, the required landscaping for said common property line shall be determined by the Director. D. Sight Distance for Landscaping Adjacent to Public Rights-of-way and Points O"~'Acc'ess. Whe'~ an accessWay intersects a public r~'h~'of-way, all land- scaping shall provide unobstructed cross-visibility at a level between three (3) and eight (8) feet within the areas of property on both sides of an accessway formed by the intersection of each side of the accessway and public right-of-way lines with two sides of each triangle being ten (10) feet in length from the point of inter- section and the third side being a line connecting the ends of the two other sides; provided that trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, and further provided they are located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be lo- cated closer than three (3) feet from the .edge of any accessway pavement. When the subject property abuts the intersection of two or more public rights-of-way, the provisions of Section 8.1 shall apply. 7. Applicability~ The provisions of this section shall apply to all new off-street parking or other vehicular use areas. At such time as existing off- street parking or other vehicular use areas are enlarged or expanded, such provisions shall apply to the previous existing areas as well as the new areas. ~00~ 655 Section 20. SIGNS. 1. Intent and Purpose. The provisions of this zoning ordinance'shall govern the number, sizes, location, and character of all signs which may. be permitted as a main or accessory use. No signs shall be erected or permitted in any location except in conformity with this zoning or- dinance. Increased numbers and size of signs., as well as certain types of lighting, distract the attention of motorists and pedestrians and interfere with traffic safety. In- discriminate erection and maintenance of signs seriously detracts from the enjoyment and pleasure in the natural scenic beauty of the County, and in turn, injuriously affects the economic well-being of the citizenry. It is intended to provide for the regulation of types, sizes, locations, and character of signs in relation to the iden- tification of various uses and activities on premises, and to provide for certain types, sizes, locations, and character of off-premise signs. 2. General Provisionsf Requirements and Specifications. A. All s'k'gns must confor~ to the Federal, State, and County Statutes, codes and regulations, and also to the Southern Standard Building Code where applicable. B. Signs erected by the Federal, State or County . governments are.not regulated by this Article. C. No sign shall be placed or permitted as a principal use on any vacant property, in any zoning district, except as provided for in this Ordinance. D. All signs shall adhere to the required set- backs and shall be located wi~lin the permitted building area, except entrance and gate signs which may be'located at property lines. E. Entrance and exit signs may be placed at appro- priate places, but not in the right-of-way. 3. Measurement of Sign Area. A. The area ufa sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater, excluding the area of the supporting structures provided that the supporting structures are not used for advertising purposes and are of an area equal to or less than'the permitted sign class area. B. Double faced signs shall be measured by only one side if both sides are advertising the same business, commodity, or service. C. ~eight - the vertical distance from the aver- age crown of the road or the finished elevation at the 97 BOOK 5 , 1513 of the supporting structure whichever is lower, to the top of the sign, or its ~rame or supporting structuru whlch=v=r is higher. 4. Permits and Fees and Exemptions. A. A permit f0~ a s'ign shal'~ be issued by'the Director prior to the issuance of a building permit. (See also Chapter XXIII of the Collier County Euilding Code) B. A sign permit fee shall be collected by the Director pursuant to any fees associated with the issuance of a building permit as required in Section 42 of this Ordinance. C. Exemptions - The following signs may be erected without a permit, subject, however, to all re- maining requ/rements of this zoning ordinance: (1) Professional name plates not exceeding two (2) square feet in area. (2) Bulletin boards and identification signs for public, charitable, educations1, or religious in- stitutions located on the premises of said institutions and not exceeding twelve (12) square feet in total area. (3) Non-illuminated temporary construction project ground signs. (4) Occupational signs denoting only the name, street, number and business of an occupant in a commercial building, public institutional building, or dwelling house, which do not exceed two (2) square feet in area. (5) Memorial signs or tablets, names of build- ings and date of erection when cut into any masonry sur- face or when constructed of bronze or other incombustible materials. (6) Traffic or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs, and such temporary, emergency or nonadver- tieing signs as may be approved by the Board. (7) One grouna or wall "For Sale" or "For Rent" sign per parcel or property when such sign nas an area per face of not more than four (4) square feet. Such sign shall not be located within fifteen (15) feet of any property line except in commercial or industrial dis- tricts. (8) Identification signs at'the entrance i drive of residences, estates, and ranches, which do not exceed two (2) square feet in area. (9) Non-advertising directional signs or symbols ("entrance", "exit", "caution", "slow", "no trespassing", etc.) located on and pertaining to a parcel of private property, none to exceed two (2) square feet in area. 5. Definitions. For the purpose of this Section, the 655 ,^ E1316 following words have the following meanings: A. Abandoned Sign - A sign is considered aban- doned if a bus, ness advertised on that sign is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business at that location. B. Advertising Sign - A sign directing attention to a business, commOditY~ ~ervice, or entertainment con- ducted, sold or offered, either on premises or off premises. C. Advertising St~u. cture - A~y structure erected for advertisih~ purposes With or without any advertisement display thereon, situated upon or attached to real property, upon which any poster, bill, printing, painting, device or other advertisement may be placed, posted, painted, tacked, nailed, or otherwise fastened, affixed, or display- ed; provided, however, that said term shall not include buildings. D. _Animated Signs - A sign with action or move- ment, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letter or parts of the sign structure or any other motion. E. Billboards - An off-premise sign of more than one hundred (100) square feet. Any framework for signs advertising merchandise, services, or entertainment sold, produced, manufactured, or furnished at a place other than the location of such structure. F. Bulk Permit - A permit issued for any number of political ~igns. G. Canopy - A permanent roof structure that does not project over pdblic Droperty~ which may be free- standing, attached to a building, or supported in whole or in part by a building. H. Combination Sign - A sign which is made up of two (2) or more signs, exclusive of billboards. I. Combination Farm Sign - A temporary sign used for the purpose bf id&ntifyi~g the owner or operator of a far~ and the product produced on the farm which sign may also incidentally identify the contract buyer of the pro- duct. J. Construction Sign - A temporary sign place in advance of occupancy of a building or structure indicat- ing the name of the building or structure, the architects, the contractors and other information regarding the build- ing or structure. 99 655 K. Directional Sign - A sign designed to guide or direct pedestrians or vehicles. L. Directory.Sign - An On premises sign of per- manent character, but with removable letters, words~ or numerals indicating one reference name of each person associated with, or event conducted upon, or product or service offered upon the premises upon which such sign is maintained. This may be a free-standing sign, a marquee, or a wall sign. M. Double Faced SigD - A sign having two' ~2) display surfaces, not necessarily displaying the same copy, which are usually parallel and back to back and not more than 24" apart. N. Double Decker Sigp -"Two (2) or more billboards erected so that one is on top of the other. O. Farm OFganization.Si~n - A sign used for the purpose of indicating membership in a farm organization, such as Cattlemen's Association, Four-H Club, Farm Bureau and the like. P. Free Standing Sign - A sign supported by one or more poles, columns, uprights, or by other structural supports or the ground separated from a building. (Also referred to as Ground Sign - Section 2301.2B, Southern Standard Building Code). Q. Gate or Entrance.~iqn - A sign attached to an entrance gate or entrance structure which identifies a permitted use. R. Industrial C0mplex - A group of industrial establishments of mot& than $~000 square feet gross floor area on ground floor and located on commonly owned property sharing primary access from a public street and connected together by private internal streets. S. Ma~or Intersection - The intersection of a Federal, State--/o~ County highw'ay. T. ~ - A roofing structure projecting over an entrance of a building. U. ~arquee Sign - A sign attached to or constructed on a marquee. V. Multi-Face Sign - A sign which is made up of three (3) or more ~aces. 10 0 5 655 r^ 1318 W. Non-Conforming $i~n - A sign m~ adv, rPi~ing structure existing on the effective date of this ordinance which by its height, square foot area, location, use or structural support does not conform with the requirements of this Section. X. Off-Premise Sign - A sign not located on the same premises as the principle business, product, service, or activity being identified or advertised. Y. On-Premise Sign - A sign containing copy relating only t° the Principle business, product, service, or activity conducted or sold on the same premises as that on which the sign is located. Z. Outdoor Adv~t%sinq Sign -'An off-premise sign. AA. Permanent Sign - A sign not specifically designated as being temporary. BB. Political Sign - A sign promoting, advertising, or identifying a Political party, candidate, or issue. CC. Portable ~ign - A sign not affixed to the ground or to a struc%ure or only affixed by means of tiedown straps. DD. Projecting Sign - A sign mounted on the ver- tical surface of a building or structure in such a manner that all of the display surfaces are not parallel to the supporting structure. EE. Public Service Siqn- A sign designed to render a public service such as but no limited to "time and tem- perature" signs and "flashing news" signs. Such signs may not include any advertising whatsoever on them unless such advertising complies with all of the requirements of this Ordinance. FF. Roof Sign - Any sign erected or constructed upon a roof ahd projecting wholly or partially above the crown of the roof. GG. Safety Sign - A sign used only for the purpose of identifying and Warning of dangers. Sandwich Sign.- See Portable Sign. II. Shoppin~ Centerf Plaza or Mall - A group of two or more retail and service e'stabliSheme'nt of more than 25,000 square feet gross floor area on ground floor and located on commonly owned property, sharing the same park- ing facilities and connected together by common walks, 101 interior al=les, or malls. JJ. Si~ - Any writing (including letter, word or numeral); pictorial representation (including iljustration or decoration); emblem (including device, symbol, or .trade- mark); flag(including banner or pennant); or any other fi- gure of similar character which is designed to advertise or give direction to any business, product, service or other related function. KK. Street Frontage - That portion of the. lot which borders on the street; corner lots have two (2) frontages. LL. Strip Lighting - A continuous series of linear exterior lights designed to illuminate a sign or a structure. MM. Surface Area of a Sign - The actual area which may be covered by letters or symbols applied to a background. NN. TemDorary Sign - A sign intended to advertise community or C£%ic projects, construction projects, or other special events on a temporary basis for a designated period of time. 00. Wall Sign - A sign affixed in any manner to any exterior Wall of a building or structure and which is parallel to and projects not more than eighteen (18) inches from the building or structure wall and which does not extend more than six (6) inches above the parapet wall or roof of the building on which it is located. Signs which are on architectural projections which do not extend more than six (6) inches above the roof or parapet wall of the building are wall signs. 6. Classes of Signs. ~. Cla~s "A" (Billboards) (1) Over one hundred (100) square feet minimum. (2) Five hundred (500) square feet maximum. B. Class (1) One hundred (100) square'feet maximum. C. Class "C" (1) Forty (40) square feet maximum. D. Class (1) Twelve (12) square feet maximum. E. Class (1) Six (6) square feet maximum. 102 ( ( 655 F. Class "F" (1) ' Four (4) square feet maximum. G. Class "G" (1) Two (2) square feet maximum. R. Class "H" One wall sign with an area not more th'an twenty (20) percent of the total square footage of the front wall to which it shall be affixed, with a maximum of 250 square feet. I. Class "I" One hundred (100) square feet for the first hundred (100) feet of frontage plus fifty (50) Square feet for each add- ittonal hundred (100} feet of frontage with a maximum area of 250 square feet. District Requlations. A. ~iqns'in f~'f~'~ates, Sin~l~ Family, Multiple Family, ~HSD.f t~'IRP~ ..and TTRV Districts. (1) 'Maximum'Height - Twelve (12) feet. (2) One (1) class "B" on each major entrance to development or two (2);Class ~'C" on each hajor ent-r~nce~ · (a) Free Standing (b) Entrance or gate sign (3) One Class "D" per non-conforming use (a) ~all (4) One Class "E" on-premise sign per non-residen- tial pezmitted use. (5} One Class "C" wall sign advertising only the name of.a Multi-Family residential building. De .Signs. in. R.T.-Residential Tourist Distr~ct: (1) Maximum }leight*- T%/enty five (25) feet (2) One Class "B" on-premise sign: (a) Free Standing combination (b) Free Standing and One Class "H" on-premise sign: (a) $~all (b) Marquee-Maximum projection six (6) inches Signs in CC-Convenience Commercial District. '(1) ~aximum Height - 12 feet (2). Permitted Per use: (a) Service Stations (I) 1 Class "C" Free Standing Sign. and (II) 1 Class "C" Wall Sign (b) All other permitted uses (I) 1 Class "H" Wall Sign Signs in PC and GRC Districts. ( ~ One ClaSs "H'i on-premise signper business (no ma):. {a) Wall he i.~..h.t } 103 (b) Marquee (Maximum projection six (6) inches and (2) One Clas~ "B" on-preMise sign for lots with one hundred ~ifky (150) feet or more of frontage. On corner lots, the t~.;o street frontages may be combined to meet the one humdred fifty feet or more requirement. Maximum height, twenty-five (25) feet. (3) Shopping Center (a) One Class "}i" per rental unit (I) Wall (II) Marquee (Maxlmu~ projection 6") (b) One (1) Directory Sign located at each main entrance from each different public street. Such Directory Sign may not exceed 250 square feet in area. Maximum height- twenty-five (25) feet. E. Signs_ in- CI and I - Industrial Districts. (1) Maximum. Height- twentY-five (2'5') feet. mum setback from street line 15 feet. (2) One Class "A" (Billboard) only on vacant pro- per~y with one hundred (100) feet or more of frontage and subject to provisions of Secti~n'20.8'. (3) On~ Class "H" on-premise sign (a) Wall (b) Marquee (MaximLun projection six (6) inches One Class "B" on-premise sign (for lots with one hundred fifty (150) feet or more of frontage (I) Free Standing (4) One (1) Directory Sign located at each main en- trance from each differe~ public street. Such Directory Sign may not exceed 250 wquare feet in area. F. Signs in GC - Golf Course District. ~(1) Haximum He'i'ght - twelve l'12)' '~'~'et (2) One Class "B" on-premise sign or two class "C" (a) Wall /on-premise signs at the entrance (b) Gate (c) Free Standing G. Signs in A-A~riculture District (1) Maxi~6m Height- twen[Y-five (25) feet (2) One or more Class "A" (Billboards on vacant A-property and subject to the provisions of Section 20.8) (3) One Class "B" per frontage and only for per- mitted agricultural uses: {a) Free Standing (4) One Class "C" per frontage and only for per- m~tted non-agricultural uses: (b) Free Standing (c) Bulletin Beard (' (d} ~{arquee-maximum projection sim (6) inches · 104 8. Billboards. A. No b~'~lboard 'shall be located or placed on a plot closer than two hundred (200) feet to a parcel containing a church, public or private school, public park or playground, beach, greenbelt area, cemetery, or residence. B. Maximum }{eight-Thirty (30) feet C. Maximum Length-'Fifty (50) feet D. Location: .(1) Billboards may be located on vacant Z-Industrial property with one hundred (100)feet or more of frontage. (2} Billboards may be located on recent A- Agriculture property also and shall be set back six hundred sixty (660) feet from a common right-of.-way as provided in Florida State Statutes, and there shall be a minimum dis- tance of 2,640 feet between any two (2) billboards along the same side of a common right-of-way except at major inter- sections. 9. Political Siqns. ~--'~-~i~igns, advertisements, handbills, or bill~oards may be used for such purpose and shall be placed in the County in accordance with the Zoning Regula- tions. Such political signs shall be removed within a two (2} week period following the particular election that is involved. B. A bulk permit for political signs of'Class D,E,F, o~ G may be approved by the Zoning Administration. C. Failure to remove and clean-up the permitted signs within the two (2} week period will result in violation of this regulation. 10. Prohibited Signs in all Districts. A. Animated signs e~cept Pdbl'i6 'service signs B. Neon type signs in all but Con~ercial and Industrial C. Portable signs except in accordance with the provisions of Section 16 of this Ordinance. D. Strip lighting E. Roof signs F. Banners or flying paraphernalia, except an official Federal, State, County, or City flag. G. Any sign that is contemptible, vile, obscene, degrading or detracting from the surrounding neighborhood as determined by community standards. ~. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illu- mination, or by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any of- ficial traffic control device by diverting or tending to 105 divert the attention of drivers or moving vehicles from traffic movement on streets, roads, intersections, or access facilities; nor shall any sign be erected in such a manner as to obstruct the vision of pedestrians. The use of. flashing lights, or revolving lights is prokibited in any sign as constituting a hazard to traffic. Any sign which by glare or method of illuminatioK constitutes a hazard to traffic is prohibited. No sign may use the words "Stop", "Look", "Drive-in", "Danger", or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic. I. Signs (other than those erected by a G~vern- mental agency or required to be erected by a governmental agency) erected on the right-of-way of any street, road, or public way, or signs overhanging or infringing upon the right-of-way of any street, road or public way, except as specifically provided by this zoning ordinance. J. Signs erected on public property other than signs erected by public authority for public purposes. 11. Use of S ecial Pur ose .Si~: The Director may perrait the following signs afte~ an on-site investigation of the subject premises: A. Directional, safety~ and other signs of a non- commercial nature subject to the following criteria: (1). The sign is necessary in the public in- terest. (2) The sign is of four (4) square feet in area or less. (3) The maximum height is not to exceed five (5) feet. (4) The sign is a minimum distance of fifteen (15) feet to any right-of-way. B. Tem orar_ Si ns. The Director may, in special cases, grant permits for temporary signs, including portable signs or banner signs to be erected on the premises of an establishement or activity having a grand opening or special event. Such signs shall: (1) Be permitted for not more than seven (7} ~alendar days in any six (6) month period, and (2) Shall be erected in a manner satisfactory to the Director to insure against hazard to the public. This provision is not applicable to sales held by private persons, such sales not being subject to the collection of sales tax under the Laws of Florida. The Board may, in other special cases, grant permits on such conditions as it may reasonably require for the erection and maintenance of temporary signs not conforming to the requirements of this zoning ordinance. Such temporary permits shall be for a specific period of time, at the end of which the sign shall be removed. The permittee shall pay the same fee for a permit for such temporary sign as is required of 106 5 ,A 165 655 ^ i132.4 .( standard sign permittees for the issuance of a permit. C. Public Service Sign - The permittee shall pay the same fee for a permit for such public service sign as is required of standard sign permittees for the issuance of a permit. 12. Removalt Alteration or Maintenance of Signs. A.' Unlawful sighs ~ove"~ed by Section 20.~0I and 20.10J may be physically removed by the Director. B. Any sign now or hereafter existing which no longer advertised a bona-fide business conducted, or a product sold is an abandoned sign and shall be taken down and removed by the owner, agency, or persons having beneficial use of the building, structure, or land upon which such sign shall be found, within thirty (30} days after written notification by the Director. C. All signs shall be maintained'so as to present a · neat, clean appearance. Painted areas shall be kept in good condition and illumination, if provided, shall be maintained in safe and good working order. D. If the Director shall find that any sig~ regulated under these zoning regulations is unsafe or insecure, dr is abandoned, or is a menace to the public, or is not maintained in accordance with this section, he shall give written notice to the permtttee thereof. If the permittee fails to remove, alter or repair the sign within thirty (30) days after such notice so as to comply with the standards set forth, the Director may remove or alter said non-complying sign at the expense of the permittee or person having the right to use and possession of the property upon which the sign is located. 13. Tern~lnation' Requirements for Non-'Conforming Signs. A. All non-conf°rmin~' t~m~O~a~y signs.., ~e%olVing - or whirling signs, wind signs, banners, portable signs, port- able illuminated signs, and signs displaying flashing or inter- mittent lights shall be removed or made to conform within three (3) months of the date on which they became non-conforming under this Ordinance or any previous Ordinance. B. Signs in violation of Section .20 shall be removed within one (1) year from the date of their non-conformity. C. All other non-conforming signs and advertising structures shall be discontinued or made to conform within five (5) years from the date of their non-conformity under this Ord- inance or any previous zoning ordinance or January 1, 1979, whichever is the sooner. 14. Conflict ~th State .or..Fe.d~ral Regulations. Whenever the iSsUanCe of a permit in conjunctiOn with the re- quirements of this Ordinance would result in the construction or maintenance of an outdoor advertising sign or structure in violat~on of any existing County, State or Federal law or regulation, then such permit shall not be issued. 107 655 ¢^ 1325 Section 21: RS-RESIDENTIAL, SINGLE FAMILY < 1. District Purpose: These districts are intonded to apply to are~e~amily residences which conform to the Collier County Building Code and lo%~ dwelling unit intnesity. The nature of the use of property is basically the same in all four subrdistricts. Variation among the RS-l, RS-2,'RS-3 and RS-4 districts is in requirements for lot area, lot.width, min- imtml yards and minimum floor area. of principal structures. Certain structures and uses designed to serve governmental,' educational, religious, non-commercial recreational, and other immediate needs of such areas are permitted or are permissible as provisional uses within such districts', subject to restric- tions and requireme~ts necessary to preserve and protect their single family residential character. It is intended to utilize these districts to help implement the Comprehensive Plan of Collier County. 2. Permitted Uses and structures: No building or structure, or part t ereo , s~a e erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal uses and Structures: (1) Single family dwellings (2) Public parks, public playgrounds, public playfields, and commonly owned open space (3) Boat docks B. Permi_tted .Access?r Uses and Structures: ( [~; Private Poet houses an oc s, wlt or without boat hoists, on canal or waterway lots, not protruding ~nore than five (5) feet into the canal or waterway, unless such canal or waterway has a width of one hundred (100) feet or more, then the dock may protrude twenty (20) feet into such canal or waterway of such additional length as may be justified to the Director based on water depth, currents, unusual land contour or configuration or some other natural condition. No boat or boat house may be used as a residence. All docks regardless of length shall have reflectors four (4") inches minimum size installed at the outermost end, on both sides. (2) Customary accessory uses and structures, 'including private garages. (3) Signs as permitted in.Section 20 (4) A model home shall be permitted in a resi- dential zoned district in con~unction with the promotion of a residential development. Such model homes shall be permitted for a period of two (2) years. A model home in a residential zoned district shall be converted to a residence at the end of the, two (2) year period. ($) Guest house (Also see Section 8.22, page 47 - Supplementary District Regulations). 108 5 C. ' Provisional Uses. The following uses may be permitted subject to the provisions of Section 14, if applicable, as follows: (1) Non-commercial boat launching facilities, and multiple docking areas. (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches,. schools, and child care centers. 3. Subdistrict Requirements. A. RS-1. ~1--]--- Minimum lot area requirement -- 43,560 square feet. (2) ~Iinimum lot width - 150 feet as measured at the front yard setback' line. (3) ~linimum yard requirements: (a) Depth of front yard - Fifty feet setback. feet setback. feet setback. (b) Depth ofside yard - ~'hlrty (30) Depth of rear yard - Fifty (50) (d) Corner lots - On lots which ab.ut on more than one street, the front yard shall be con- sidered to be those yards which abut on the streets and the remaining yards shall be considercd to ba side yards. (e) See Section 8.2 for accessory structure setbacks. (4) ~4inimum floor area of principal structure: (a) One story - 1,500 square feet. (b) ~..;o story - 1,800 square feet. (5) Ma×imum height of structure: Thirty (30) feet, above the finished grade of the lot. Accessory buildings limited to twenty (20) feet, above the finished grade of the lot. (6) Minimum off-street parking: See Section 18. B. RS-2. ~ Minlm~T. lot area requirement -- 20,000 square feet. (2) Minimum lot %~idth - 120 feet as measured at the front yard setback line. (3) Minimum yard requirements: (a) Depth of front yard - Forty fea~ setback, (b) D~:pkh of side yard - T~.~enty (20) f~ ¢- '~ setback. (c) Dep~h of rear yard - Thirty (30) '~.~t..~ setback. (d) Col'nar lots - ON lots which abut on more than one street, the front yard shall be considered 109 to be those yards which abut on the streets and the re- maining yards shall be considered to be side yards. (e) See Section 8.2 for accessory structure setbacks. (4) ~.linimum floor area of principal structure: (a) One story.-.1,500 square feet. (b) Two story - 1,800 square feet. (5) 14a×imum height of principal structure: Thirty (30) feet, above the finished grade of the lot. Accessory buildings limited to t~:enty.(20) feet, above the finished grade of the lot. (6) Hinimu_m off-street parking: See Section 18. C. RS -3. ~ ~4inimum lot area requirement - 10,000 square feet. (2) ~linim~m lot width: (a) Corner lots - Ninety-five (95) feet as measured at the front yard setback line. (b) Interior lots - Eighty (80) feet as measured at the front yard setback line. (3) ~4inimum yard requirements: (a) Depth of front yard - Thirty (30) feet. (b) Depth of side yard - 7% feet one story, 10 feet t~;o stories. (c) Dzpth of rear yard - twenty-five feet. (d) Corner lots - On lots which abut on more than one street the front yard shall be con- sidered to be those yards which abut on the streets and the remaining yards shall be considered to be side yards. (e) See Section 8.2 for accessory structure setbacks. (4) Minimum floor area of principal structure: (a) One story - 1,000. square feet. (OPD 75-36) (b) T~:o story - 1,200 square feet. (ORD 75-36) (5) ~.:axiram~ height of structure: Thirty (30) feet above the finished grade of the.lot. Accessory buildings limited to twenty (20) feet above the finished grade of the lot. (6) ~:inimu~ off-street parking:. See Section 18. D. RS-4. (--I~'- ~.linimmm lot area requirement - 7,500 square feet (2) ' Minimum lot width: (a) Corner lots - Seventy-five (75) feet as measured at the front yard setback line. (b} Interior lots - Seventy (70) feet as measured at the front yard setback line. 110. .' (3) Ninimum yard requirements; (a) DeDth of front yard - t%-;enty~five (251 feet. (b) Depth of side yard - One story. seven an.'l one-half (7%) feet; two story, ten (10) feet. (c) Depth of rear yard - Twenty (20) feet. (d) Corner lots - On logs %:hich abut on more than one street, the .front yard shall be con- sidered to be those yards which abut on the streets and the remaining %;ards shall be cons{dered to be side yards. (e) See Section 8.2 for accessory structure setbacks. (4) Hinimum floor area of principal structure: (a) One. story - 800.square feeb (b) 'T%.;o story - 1,200 square feet (5) Maximum height of principal structure: Thirty (30) feet above the finished qrade of the lot. Accessory buildings limited to twenty (20) feet above the finished grade of the lot. (6) ~inimum off-street parking- See Section 1~. Section 22: ¥. PJ.I-1 RESIDENTIAL NUBTI-F~MILY DISTRICT 1. ~.i..strict p~,rpose: The provisions of this district are ihtended to apply to an area of multi- family residences having a low profile silhouette and surrounded by open space and being so situated that it is ~.;ill served by public and commercial services and has direct or convenient access to thoroughfares and collector streets. It is intended to utilize this district to implement the Comprehensive Plan by providing ~4-1 dwelling accomodations in accordance with the policies and objectives of the Comprehensive Plan. 2. Permitted Uses and Structures; No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the follo~4ing: A. Permitted Principal Uses and Structures ~ R~sidential buii~in~s contai'hin~ 6ot less than two (2) d%.:elling units. (2) 'Boat docks B. Permitted Accessory Uses and Structures .(1) .Customary accessory uses and structures 111 (2) Signs as permitted in Section 20 of this Ordinance. (3) Non-commercial boa~ launching facilities and multiple docking facilities. (4) Private boat houses and docks, with or without boat hoists, on canal or water~ay lots, not protruding more than five (5) feet into the canal or waterway, unless such canal or. waterway has a {.~idth of one hundred (100) feet or more, then the dock may protrude twenty (20) feet into such canal' or ~.;aterway of such additional length as may be justified to the Director based on water depth, currents, unusual land contour or confiquration or some other natural condition. No boat or boat house may be used as a residence. All docks, regardless of length 'shall h~ve 'reflectors four (4") inches minimum size installed at the outermost end, . on both sides. , C. 'ProvtsiO'na'l· Us6s' ~'n~ Structuz'es: The 'follow- ing uses may be permitted subjcct to the provision~ of Section 14 of this Ordinance as follows: (1) Churches, schools and child care centers (2) Civic and cultural facilities (3) Recreational clubs intended to serve the surrounding residential area. 3. Minimum Lot Area' Requirement: A. sev~n th°US~" (7,00b)-'Square feet for each dwelling unit. 4. Minimum Lot Nidth: As measured at the front yard setback lin~ A. One hundred (100) feet measured at the front yard setback line. 5. ~inim~n Yard Requirements: A. Depth of Front Yard - Thirty-five (35) feet 112 B. Depth of Side .Yard - Fifteen (15) feet or one- half ~%) the height of the building, whichever be greater." C. Depth of Rear Yard - Thirty (30) feet; pool or any screened enclosure - fifteen (15) feet. D. Corner Lots - On lots which abut on more than one street, the front yard shall be considered to be those yards which abut on the streets.and the remaining yards shall be considered side yards. 6. Distance Between Structures: A. Thirty (30) feet or one-half (~) the sum of' the heights of the adjacent structures whichever be greater. 7. ~:inimum Floor Area of Principal Structure: A. 750 s~uare feet for ~ach ~.;elling unit. the lot. l. la×imum Height of Principal Structure: A. Three (3) stories above the finished grade of 9. Minimum Off-Street Parking: A. As required in S~Ction 18 of this Ordinance. II. ~,I-1A RESIDENTIAL NULTi-F~.IlLY DISTRICT 1. District Purpose: The provisions of this district are intended to apply to a mixed area of multi-family and single family residences having low profile silhouettes and surrounded by open space and being so situated that they are well served by public and commercial services and have direct or convenient access to throughfares and collector streets. It is intended to utilize this district to implement the Comprehensive Plan by providing PaM-1A d~elling accomodations in accordance with the policies and objectives of the Comprehensive Plan. 2. Permitted Uses and Structures: No buildin~ or structure, or part thereof, shall be erected, altered or used, or land or water'used, in whole or in part for other than the following: A. Permitted Principal Uses and Strucutes: -('~" Sing~-"fa~y dwellings in '~ccordance with the provisions of the RS-4 District. (2) ~4ulti-family dwellings in accordance with the provisions of the R~I-1 District, provided that non- conforming lots of record need 6,500 sGuare feet for each multi-family dwelling unit. (3) Boat docks B. Permitted Accessor~ Uses and' Structures: -(1) Customary uses and structures (2) Signs as permitted in Section 20 C. Provisiomal Uses and Structures: The following uses may be per.-~aY-subject to the provisions 113 of Sections 14 and 22-1 of this Ordinance as follow, s: (1) Churches, schools and child care ceaters. (2) Civic and cultural facilities. (3) Recreational clubs intended to serve the surrounding residential area. 114 655 S~.ction 23, 1~,I-2 RESIDENTIAL ~.IULTI-FA~4ILY DISTRICT 1. District Purpose: The provisions of this district are intended to apply to an area of medium to high density residences surrounded by open space and being so situated that it is well served by public and commercial services and has direct or convenient access to thoroughfares and collector streets. It is intended to utilize this district to implement the Comprehensive Plan by providihg R~I-2 dwelling accomodations in acc6rdance with the policies and objectives of the Comprehensive Plan. 2. Permitted Uses' and St~ructures: ~o building or structure, or part thereof, shal'l be erected, altered; or used, or land or water used, in whole or in part, for ~ther than the follo%{in~: A.Permitted Principal' Uses''an'd' St'r~ct'u'r'es:. ·~--. ~lulti-6~i'~ dwellings B. Permitte~ AcCeS~r~ Uses' an~' Structures:. 1. Customary accessory uses and structures 2. Signs as permitted in Section 20 of this Ordinance. 3. A model home shall be permitted in a residential zoned district in conjunction with the promotion of a residential development. Such model home shall be permitted for a period of two (2) years. A model home in a residential zoned district shall be converted to a residence at the end of two (2) year period. 4. Non-commercial boat launching facilities and multiple docking facilities. 5. Private boat houses and docks~ with or without boat hoists, on canal or water,cay lots, not protruding more than five (5) feet into the canal or waterway, unless such canal or waterway has a width of one hundred (100) feet or more, then the dock may protrude twenty (20') feet into such canal or water%~ay of such additional length as may be justified to the Director based on water depth, currents, unusual land contour or configuration or some other natural condition. No boat or boat house may be used as a residence. Ail docks, regardless of length shall have reflectors four (4") inches minimum size installed at the outermost end, on both sides. C. Provisional Uses and Structures: The follow- ing uses may be permitte'd subject to the provisions of Section 14 of this Ordinance. (1) Churches including child care centers (2) Child care centers (3) Educational facilities exclusive of colleges and universities " (4) Civic and cultural facilities (5) Recreational clubs 3. ~.]inimum Off-Street Parking: As per Section 18 of this Ordinance. 4. ~4inimum Lot Area Requirement: One (1) net acre 115 5. Minimum Lot Width: One hundred fifty (150) fcet as ~ea's6r'ed as the ~ront yard building line set- back. 6. Minimum Yard Requirements: All building line set- backs sh~ll be computed by the f~'llowing formula: A. Required Building Line Setback: .6 Building Height + 28 feet. 7. Distance Bet~.~een Structures: A. Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (%) the sum of their heights. ' 8..Minimum Floor Area of Principal Structure: ~'~0 Square feet"'for each dwelling unit. 9. Maximum Height ~f Principal S~ructure: Two hundred (2'00). feet above the finl'shed grade of the lot. 10. Minimum Landscaped Ares: k. 7'here shall be provided two (2) .square feet of landscaped area for each square foot of off-street parking area which may include any landscaping required in Section 19 of this Ordinance. The preservation of existing native vegetation is permitted when such use is not in conflict with Chapter 13 of the Collier County Code of Laws and Ordinance. 11. Minimum Area for Each D~ellin~ Unit: 4,500 wquare feet. This may be provided in some combination of lot area and building floor area. Includable areas are: A. All totally enclosed floors of the principal buildings except the g~ound level floor. (Balconies, roofs, screen enclosures, porches and balconies and other similar portions of buildings shall not be included) B. Parking structures except the g~ound level floor. C. Accessory buildings except the ground level floor. D. The entire land area of the lot on which the principal building is located. 12. Informational Requirements: The filing of the following'drawings and data wi'il'~e required: A. Site plan B. Typical floor plans C. Elevations (for all identical structures, one typical elevation shall suffice). 116 data: type. D. Computation sheet including the following (1) Lot area. (2) Totally enclosed area of each floor. (3) Number and floor area of units by (4) Landscaped areas to be provided in- cluding any existing areas of. native vegeta%ion. (5) Parking area. (6) Number of parking spaces. (7) Indoor and outdoor recreation areas. 13. Exceptions: Non-conforming RM-2 lots within platted subdivisions approved by the Board of County Commission and recorded with the Clerk of the Circuit Court prior to October 14, 1974, shall be subject to the following standards: A. Minimum Lot Area: In accordance with th~ recorded plat.. B. Minimum Lot Width: In accordance with the recorded plat. C. Minimum Yard Requirements: (1) Front - 30 feet plus one foot for each · two (2) feet of building height over 45 feet. (2) Side - 15 feet plus one foot for each two (2) feet of building height over 45 feet. (3) Rear - 25 feet plus one foot for each two (2) feet of building height over 45 feet (4) Gulf Front - See Coastal Construction Setback Line. (5) All other requirements - as set forth in this section. 117 ~OOK 655 Section 24. (PUD) PLANNED UNIT DEVELOPMENT DISTRICT 1. District Purpose: The purpose and intent of establish- ing the Planned unit Development--PUD--District is to provide an optional alternative zoning procedure so that planned developments may be instituted at~ appropriate locations in the County in accord with the planning and development objectives of the County. It is the intent and purpose of these PUD regulations to encourage as well as permit land planners, architects, engineers, builders, and developers to exercise ingenuity and imagination in the planning and development or redevelopment of relatively large tracts of 1And under unified ownership or control. Although planned unit developments produced in compliance with the terms and provisions of these regulations may depart from the strict application of use, setback, height, and minlm~n lot requirements of conventional zoning regulations, the intent is to provide standards by which flexibility may be accomplished, while maintaining and protecting the public interest, so that: A. A more creative approach may be taken to the development of contiguous tracts of land five (5) acres or more in size; B. A more desirable environment may be accomplished than would be possible through strict application of the minimum requirements of this zoning ordinance. C. Land may be used more efficiently, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs; D. The impact of a particular planned unit develop-' ment on th~ pr~n~ and projected population, economy, land use pattern, tax base, street system, and public facility network(s) of the County may be carefully evaluated relative to the various costs and benefits that may be associated with such development. E. Application of Planned Unit Development tech- niques to a given tract will: (1) permit large scale development (or redevelop- ment) which features amenities and excellence .in the form of var,ations in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of topography and other natural characteristics of the land involved; and .(2) encourage harmonious development of the site and the surrounding areas, community facilities, and patterns of vehicular and pedestrian circulation. 2. Planned Unit Development: Defined. A planned unit development is hereby defined as a contiguous tract of land not less than five (5) acres in size under unified 118 655 %1336 control which is planned and improved. A. To function as a relatively self-contained and readily identifiable district, section, or neighborhool of the County; B. To accommodate a variety of dwelling types together wit]] appropriate commercial, institutional, industrial, and public uses.and activities as deemed necessary properly to serve prescribed density and population levels 'for ~e develop- ment as a whole, or for any designated component thereof; and C. In a single development operation or programmed series of development operations over an'extended period of time according to an officially adopted Concept Plan and related programs for the provision, operation, and maintenance of such areas, improvements, facilities, and services as will be for the common use of all residents and/or users of the planned community. 3. Relation Of Planned' Unit Development Regulations To General Zoning, Subdivison Or Other Applicable Requlations: ~h'e ~roVisiOns which follow shall appiy generally to the creation and regulation of all PUD Districts, Where there are conflicts between these special PUD provisions and general zoning, subdivision, 6r other applicable regulations, these special regulations shall apply. The standards as contained herein, and the PUD guides and standards adopted as part of these regulations shall apply to .the creation of PUD Districts and to the issuance of building permits and certificates of occupancy is such districts. 4. Planned Unit Development Districts: How Established: Where Permitted: PUD Districts may hereafter be established from designated pre-existing zoning districts by amendment of the Official Zoning Atlas where tracts of land suitable in location,.extent, and character for the structures and uses proposed are to be planned and developed according to the procedures and requirements herein set out. 5. Planned"Unit Development Districts: General Require- ments and Limlta~ions: The following 'general requirements and limita~i6ns Shall apply in PUD districts approved under the terms and provisions of these regulations:. A. Unified Control: All land included for purpose of development 'within a PUD district shall be owned or under the control of the applicant for such zoning designation, whether that applicant be an individual, partnership, or corporation, or a group of individuals, partnerships, or corporations. The applicant shall present firm evidence of the unified control of the entire area within the proposed PUD district and shall state agreement that, if he proceeds with th% proposed development, he will: 119 (1) do so in accord'with: (a) the Master Plan of development officially a~opted for the district; (b) regulations existing when the amendmen~ rezoning the, land to PUD is adopted; and (c) such other conditions or modifications as may be attached to the rezoning of land to the PUD classi- fication; (~) provide agreements, contracts, deed restric- tions, or ~ureties acceptable to the County for completion of the undertaking in accord with the adopted M~ster Plan as well as for the Continuing operation and maintenance of such areas, functions, and facilities a~ are not to be provided, operated, or maintained at general public expense; and (3) bind his successors in title'to any commit- ments made under (1) and (2) proceeding. B. ~aster Plan: Any application'for rezoning to PUD shall be accompanied by a professionally DreDared Master Plan of the deqelopment comprised, as a minumum, of the. following elements: (1) A site development plan, drawn to acceptable scale, which shall indicate: . (a) the title of the project and name of developer; (b) scale, date, north arrow, and general location map showing relationship of the site to such external facilities as highways, shopping areas, cultural complexes, and the like; (c) boundaries of the subject property, all existing streets, buildings, watercourses, easements, section lines, and other important physical features within and adjoin- ing the proposed.project; (d) the proposed use of all land within the project boundaries, including the location and function of all areas proposed to be dedicated or reserved for community and/ or public use; (e) the approximate location of all proposed 'structures, open space, landcaping, and off-street parking and off-street loading areas; (f) the location and size (as appropriate) of all existing and proposed drainage, water, se~or, and other utility provisions; and (g) the location and nature of all other existing public facilities, such as schools, parks, fire station~, and the like; (h) information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses: (i) a plan for pedestrian and vehicular circulation showing the general locations, widths, and 120 recommended surface treatment of all major internal thorough- fares and pedestrian accessways. A diagrammatic flow chart demonstrating the pattern of vehicular traffic movement to,' within, and through the planned development; (j) a plan for the provision of all needed utilities to and within the planned community; including (as appropriate) water supply, treatment, and distribution; sewage collection, treatment and'disposal; electric power; gas and communications (telephone, cable TV). (2) A written legal description of the subject property together with names and addresses of all owners of record. (3) Supportive report(s) which shall include: (a) a statement indicating how and why the proposed project complies with planning and development objectives of the County; (b) a general description of the proposed development, including information as to: (I) total acreage involved in the project. (II) the number of acres devoted to the various categories of land use shown on the site development plan together with the respective percentage of total project acreage represented by each category of use, (III) the number and type of dwelling units involved and the corresponding overall project density in dwelling units per gross acre, (IV) the minumum design Standards re- flected by'the site plan for such features as lot shape and size, internal streets and pedestrian ways, open space pro- visions, offstreet parking, signs, and landscaping, and (V) dwelling unit densities for each residential component. (c) a proposed schedule of development which identifies the anticipated project and component start and completion date~, stages of development, and the area and location of common open space to be provided at or by each stage; and (d) a statement and/or map indieating which streets or roads (and pedeskrian ways as appropriate) are proposed for public wonership and maintenance, and whether approval is sought as part of the Master Plan for private roads, if any within the community. (4) As determined by the Director, Schematic architectural drawings (floor plans, elevations, perspectives) of all proposed structures and improvements, except single family residences and related accessory building as appropriate~ (5) Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the planned unit development and any of its common areas or faci- lities. 121 (6) Professional Services Required: Any Master Plan of Development submitted in support of an appli- cation for PUD zoning shall certify that the services of two or more of the following professionals were utilized in the design or planni{)g process: (a) an urban planner who possesses the education and ~xp~rience to qualify for full membership in the American Institute of Planners, and/or (b) a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architedts, together with either: '~. (I) a practtelng civil engineer licensed by the State of Florida, or (II) a practicing architect licensed by the State of Florida. (7) Common Open Space or Common Facilities. Any common open space or common facilities established by an adopted Master Plan of development for a PUD District. shall be subject to the following: (a) The Planning Commission may recommend that the Board require that the petitioner provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organiation shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or other- wise, except to an organization comceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted Master Plan. (b) In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the planned unit development fail to maintain the common open space or common facilities in reasonable order and condition in accordance with the adopted Master Plan of development, the Director may serve written notice upon such organization and/or the owners or residents cf .the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within thirty (30) days after such notice and hearing; the Director shall call upon any public or private agency to maintain the common open space for a period of one year. When the Director determines that the subject organization is not prepared or. able to maintain the co~mon open space or common facilities, such public or private agency shall continue maintenance for yearly periods. (c) The cost of such maintenance by such agency shall be assessed proportionally against the properties within the planned unit development that have a right~ of enjoyment of the common open space or common facilities and 122 181 0~ 655 ^ [1340. shall become a lien on said properties. (8) Dedication of Public Facilities. The Planning Commission and the Board may, as a condition of approval and adoption of PUD zoning in accord with the Master Plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. 6. Planned Unit Development: Specific Requirements, Limitations, An~ Stan'da~ds: In addition, to all general provisions and procedures set out in this section, the following specific requirements, limitations, and standards shall apply particularly to: location of planned unit develop- ment districts intended primarily for residential uses and purposes; location of planned unit development districts intended primarily for residential uses and purposes but containing commercial retail or service activities; the preparation of master plans for the two items immediately preceding; the review of applications for rezoning to PUD; and, the development (or redevelopment) of PUD districts that have been adopted as amendments to these zoning regula- tions.' A. Location. PUD districts shall be so located as to provide adequate access for.the population to be expected and in accord with the provisions and standards herein set out. B. Minumum Area Req.~ired. The minimum area required for a planned u~% devalopme~t' district containing only residential uses shall be five (5) acres. C. Character of the'Site. Any proposed PUD site shall be suitable for'dev'e'l'~pment in the manner proposed without undue hazards to persons or property, on or off the tract, from probability of flooding, wind or water erosion, subsidence or slipping of the soil, or subsidence of build- ings or other structures or facilities. Conditio'n of soil, ground water level, drainage, and topography shall all be appropriate to both kind and pattern of use or uses intended. The site shall also contain sufficient width and depth to . accommodate adequately its proposed use and design. D. Uses Permitted. The following uses shall be permitted in PUD districts when they are shown on the Master Plan of development adopted by the Board for such districts: (1) Dwellings of any variety or combination of types. (2) Accessory buildings and accessory uses. (3) Common public and private open spaces. (4) Parks, playgrounds, community center, or other recreation or social facility owned and operated by a non-profit organization. (~} Recreational facilities such as golf, swimming, tennis, and country clubs. 123 (6) Houses of worship, libraries, schools, nursing homes, child care centers, hospitals. (7) Public parks and playgrounds, public buildings, public utility and service uses. (8) Marina. (9) In a PUD of twenty (20) acres or more in size, neighborhood service commercial and professional office uses which are determined at the time of rezoning; provided, the total floor area devoted to such commercial activity (other than off-street parking located in a structure) may not exceed five (5) percent of the total floor area devoted to residential uses. Such commercial area shall serve.the needs of the PUD and not the general needs of surrounding area. Areas so designated normally shall be oriented to the interior of the project and shall not fron.t on exterior or perimeter streets. (10) In a PUD of fifty (50) acres or m~re in size, general service commercial and professional office uses to serve the residents of the PUD and the general public; provided, the total floor area devoted to such com- mercial activity (other than off-street parking located in a structure) may not exceed five (5) percent of the total floor area devoted to residential uses. In addition, full provision shall be made for buffering the commercial area from residential uses. Permitted uses for a PUD district shall be specified in the application for rezoning of land to PUD classiflca~ion and shall be included i.n anyapproval of rezoning land to PUD classification. E. Maximum Residential Densities Permitted. (1) Maximum densit~ for any residential com- ponent or group of components shall not exceed the maximum density permitted in the zone district the use most closely resemble. (2) The Planning Commission may recommend deviations on density or extent of development when it has determined that development to the maximum density permitted in paragraph A above would: (a) Create inconvenient or unsafe access to the PUD; or (b) Create traffic congestion in the streets which adjoin or lead to the PUD; or (c) Place a burden on parks,' recreational areas, schools, and other, public facilities which serve or are proposed to serve the PUD; or (d) Be in conflict with the general intent and provisions of the Comprehensive Plan; or . . (e) Create a threat to property or incur abnormal public expense in areas subject to natural hazards. (3) The overall density of a PUD shall be calculated by divi.ding the number of dwelling units by the total gross development area. 124 655 r^ [1342 F. Commercial Components. Commercial areas in a given PUD dlskrict are designed and intended to serve either the residential component or the community generally, and are so designated by the adopted Master Plan for said district, shall be and are hereby considered to be planned unit developments as defined by Section 24.2 herein. Required master development plans for these commercial PUD components shall therefore be prepared, reviewed, and carried out in compliance with all applicable requirements, limitations, and standards, as sa~ out in Section 24 of this Zoning Ordinance. G. Minumum Lot Area and ~ronta~e Requirements Within A PUD. No minimi~ lot size or yards shall be required ~ithin a PUD, except that frontage on ~edicated public roads shall observe front yard requirements in accordance with the zoning classification the use most closely resembles, and peripheral yards abutting the exterior limits of the PUD boundary (except for boundaries delimited in or by water) shall observe yard requirements in accordance with the zoning classification the use most closely resembles. Every dwelling unit or other use permitted in the PUD shall have access to a public road or street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public use or reserved for private use, or common element quaranteeing access. Permitted uses are .not required to front on a public dedicated road or street. H. Dimensional Standards: '(1) Minumum Distance Between Structures: One- half (%) of the sum of the heights'of the buildings, but in no case shall the distance be less than twenty (20) feet. (2) Minumum Distance to the Property Line: The minumum distance between the building and the property line shall be one-half (½) the height of the building, but in no case shall the distance be less than twenty (20) feet. (3) Height Standards: The maxim%~ heights for any use shall not exceed the maximum height permitted in the zone district the use most closely resembles. I. Off-Street Parking. a~d. Off-Street Loadin~ Requirements. Off-street ~arking and~off-street loadlng requirements shall be as for comparable uses set out in Section 18 of this zoning ordinance. No parking spaces on or within any public or private road or travelway shall be counted in fulfilling the required number of spaces. Land- scaping for vehicular areas shall be as set out in Section 19 of this zoning ordinance. J. Usable Open Space Requirements: Usable open , space shall ih"clude active and"passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, flood plains, nature trails, and other similar open spaces. Open water area beyond 'abe perimeter of the site and street rights of way, driveways, offstreet parking areas, 125 655 and offstreet loading areas shall not be counted in deter- m.[ning unable open space. (1) Planned Residential Developments: In residential developments at least seventy-five (75) percent of the gross area shall be devoted to usable open space. (2) Mixed Purpose Developments: In develop- ment of mixed uses, including residential, at least forty (40) percent of the gross area shalI be devoted to usable open space. (3) Dedication of Usable Open Space: A maximum of eight (8) percent of the gross project site shall be required for dedication to public use for all projects after a determination by the BCC that a public need exists for such public facilities. K. Site Planning-External Relationships. Site planning within a PUD district shall ~r0vld~ protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences generated by or within the district. In particular: (1) Principal vehicular access points shall be designed to encourage smooth traffic flow and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. In general, minor streets shall not be connected with minor streets outside the PUD district in such a way as to encourage through traffic, or flow of traffic from the PUD district along minor streets in neighboring residential areas. Where streets within the district intersect adjoining streets, visability triangles shall be maintained. (2) Fences, walls, or vegetative screening at edges of PUD districts shall be provided where needed to protect residents from undesirable views, lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district. In all cases, screening shall at a minimum be designed to protect existing or potential first-floor residential occupant window levels. In particular off-street parking areas for five or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and.garbage shall be so screened. L.. Site Planning-Internal Relationships_: The site development p~an fOr ~ 'PUD dYstrict shall provide for safe, efficient, convenient, and harmonious groupings of structures, uses and facilities, and for apprpriate relation of space inside and outside buildings to intended uses and strutural features. In Darticular: (1) Streets, drives, and parking and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency 126 5 ,,cfi85 655 ^.1344 vehicles, but streets she'll not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provice access as indicated, nor create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid out or constructed as to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the distract. In addition, all major arteries as shown on the Master Plan of Development shall be Controlled access facilities and the only vehicular acdess thereto shall be public and private streets. (2) Private streets or roads if proposed by the applicant shall comply with all requirements for such streets and roads as contained in the County Land Development and Subdivision Rebulations. M. Preservation and.Protection ~f Desirable Natural Historic or Arche01d~icai Features: Every effort sh~ll be made in the planning and ~dev~10~ment of a PUD District 'to preserve and protect desirable natural, historic, or archeological features of the si~e, including trees and other vegetation 6f consequence. The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or adjacent to the PUD District is prohibited. N. Sign Limitation: Signs shall be in accordance with Section ~0 of t~is ordinance. O. ~viations from Specific Requirements, Limitations, and Standards: When, in the'opinion"Of ~he Coastal Area ' Planning Commission,unusual conditions exist, they may recommend to the Board of County Commissioners and the Board may approve the waiving of certain portioqs of the above standards, limitations and requirements. ' 7. Utilities: It is intended that within the residential portions of a PUD District, all utilities, including telephone, television cable, and electrical systems shall be installed underground; provided, however, appurtenances to these systems which require above ground installation must be effectively screened and thereby, may be exempted from this requirement; and primary facilities providing service to the site of the development or necessary to service areas outside the district may be exempted from this requirement. 8. Procedures For Planned Unit Development Zoning: Petitions for rez6'ning t° PUD shall be submitted and processed as for rezoning amendments generally and in accordance with the following special procedures: A. Preappl. ication Conference: Prior to submitting a formal application for rezoning t° PUD, the applicant shall confer with the Director and other County Staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review 127 at the conference, and to obtain information on any projected plans, programs, relation to possible applicable Federal or State requirements, or other matters that may affect the proposed planned unit development. This preapplication confercnce should address, but not be limited to, such matters (1) The proper relation between the anticipated project and surrounding uses, and the effect of the proposed development on the planning and development objectives of the County. (2) The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development. (3) The nature, design, and appropriatness of the proposed land use arrangement for the sixa and confi- guration of property involved. (4) The adequacy of open space areas in existence .and as proposed to serve the development. (5) The ability of the subject property and of surrounding areas to accomodate future expansions, if needed. B. Application Materials: In addition to information generally required' for rezoning applications, the applicant shall submit the following materials or data in sufficient copies for necessary referrals'and records: (1) The evidence of unified control of the proposed planned unit development and the associated agree- ments required under Section 24.5A. (2) A proposed Master Plan of Development as prescribed under Section 24.5B. (3) Such other material as the applicant may feel is applicable to and in support of his application for rezoning to PUD. (4) Any additional information as may be required by the Planning Commission or the Board at the time of any public hearing. C. Prehearin~ Conference: Any application for rezoning 5o PUD, together with all'materials prescribed herein, shall be submitted to the Director at least ten (10) weeks in advance of the required public hearing before the Planning Commission on such application. Prehearing conferences may be held between the applicant and/or'his representatives and officials or representativos of the County. The purpose of such prehearing conferences shall be to assist in bringing the application for rezoning to PUD as nearly as possible into conformity with the intent of these or.o~her applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. If such conferences be held, any recommendations for change in the application, Master Plan of development, or required statements shall be set down in writing, and shall become part of the public record in the case. All such recommendations shall be supported by writtem, stated reasons for the proposed change. The applicant shall, in writing, indicate agreement to such recommendations, or dis- agreement; if disagreeing, the applicant shall state in writing 128 655 the reasons therfore. All such responses by the applicant shall be included in the record of the case. D. ~cvtew by ~dvisory Boards: The Board shall require review of the application for rezoning to PUD by such County advisory boards as it may from time to time designate. Where the Board has required review, comments and critique of such advisory board shall be made in writing and shall become a part of the record in the matter; provided, a representative of any such designated heart may appear and speak at the public hearings before the Planning Commission and the Boards. E. Hearin~ Before fhe Planning Commission: Public notice shall be'giVen ahd a public' hear~ng"h'eld b~ore the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall be on the application, proposed Master Plan of Development, and ~equired statements as they may have been amended as a result of the preheating conferences conducted pursuant to Section 24.5C, herein. F. Plannin. . ~ Commission Recommendation: The Planning Commission shall make written- findings as h'~re~n set out and shall recommend to the Board either approval of the PUD rezoning ~ proposed; approval conditional on stated modifications; or disapproval. In support of its recommendation, the Planning Commission shall make findings as to: (1) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, relation to surrounding areas, traffic and access, drainage, sewer, water, and other utilities. (2) Adequace of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided or main- tained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. (3) Conformity of the proposed planned unit development with the goals and objectives of the Comprehensive Plan. (4) Conformity With PUD regulations, or as to desirable modification of such regulations in the particular case, based on determination that such modifications are Justifie~ as meeting public purposes to a degree at least equivalent to literal application of such regulations. G. ~ction by Board: Unless the application is with- drawn by the ~Pplicant, the Board shall, upon receipt of the Planning Commission recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application and Master Plan of development as recommended by the Planning Commission to the Board. The Board shall either grant the proposed rezoning to PUD; deny the application for PUD rezoninq, or grant the PUD rezoning with conditions or 129 ,. 655 r r1347 modifications. Such modivications shal~ be stated with reference to the appropriate provision of these regulations upon which they are based and the reasons therfore. 9.' Effect of Planned Unit Development Zoning: If the Goard approve~ the proposed PUD rez°ning, the Master Plan for development and all other information and materials formally submitted with the petition shall be considered as adopted as an amendment to the zoning ordinance and shall become the standards of development for the subject planned unit develop- ment. Thenceforth, development in the area delineated as a PUD district on the Official Zoning Atlas shall proceed only in accord with the adopted Master Plan for said district. Such development shall conform to any order of. staging or set of priorities or time limitations established in the amend- ment.. Before development of any type'may proceed, however, all agreements or contracts required But not approved at the time of amending action shall be approved by appropriate officers or agencies of the County. No building permit or. certificate of occupancy shall be issued in or for develop- ment in a PUD.classification. .In those instances where preliminary and final plats are required by otherCounty regulations, building permits may be issued after a pre- liminary plat has been approved by the County Commission,. thereby permitting appropriate construction as necessary improvements are installed; but no occupancy permit shall be issued until the final plat of the project, o~ phase thereof, has been approved and recorded. 10. Changes and Amendments: The Board upon recom- mendation by the Planning Commission,.may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by the adopted Master Plan of development for a designated PUD district, provided that such modifications do not: A. Increase the cube of any building; the number of structures; the number of dwelling units; or densities as specified by the adopted Master Plan. B. .Change any perimeter boundary of the planned unit development. C. .Rearrange any lot, block, building tract, or common open space or common facility as shown on the adopted Master Plan. D. Change any use as shown on the adopted Master Plan. E. Change location or amounts of land devoted to specified land uses on the adopted Master Plan. F. Change the'intent'of the Master Plan of develop- ment as adopted by the Board. 130 655 Section 25. RT-RESIDENT;[AL TOURIST DISTRICT 1. District Purpose: The RT Residential Tourist District is ~'n'tended t6: p-~ide fo~'tou~i~t, accomod~tions and supporting facilities and multlpte family dwellings. The districts are not designed to serve all the potential needs of tourists but rather to provide those goods and services tourists normally require, aside from automotive oriented services which are not permitted in this district. Depending upon location, it is generally intended to utilize this district within but not necessarily limited to those areas of Collier County which comply with the policies and objectives of the Comprehensive Plan. 2. Permitted Uses and S'tructures: No buildin~ or structure or part tH'e~eof, ~[~[~ erec. ted, altered or used, or land or water used, in whole or in part, for other than the follo%¢ing: A. Permitted Principal Uses and Structures (2) ~{otels, motels, apartment hotels B. Permitted Accessory Uses 'and Structures (1) Customary accessory uses and structures (2) Non-commercial boat launching facilities and multiple docking facilities. (3) Recreational clubs intended to serve the surrounding residential area. (4) Shops, personal service esta~llshments, eating or drinking establishments, dancing and staged entertainment facilites, meeting rooms and auditoriums,. ~hich such uses are an integral part of an apartment hotel,hotel or motel subject to the provisions of Sections 8.12 and 18 of this Ordinance. (5) Private boat houses and docks, with or withou~ boat hoists, on canal or waterway lots, not protruding more than five (5} feet into the canal or %./areaway, unless such canal or waterway has a width of one hundred (100) feet or more, then the dock may protrude twenty (20) feet into such canal or waterway of such additional length as may be justified to the Director based on water depth, currents, unusual land contour or configuration or some other natural condition. No boat or boat house may be used as a residence. All docks, regardless of length shall have reflectors four (4") inch~s minimum size installed at the outermost end, on both sides. C. Permitted Provisional Uses and Structures The following.u~es may be permitted SJ~ject to the provisions of Section 14 as follo%~s: (1) Churches and other places of worship (2) Marinas ,-. (3) Fraternal and social clubs, subject to the provisions of Section g.12 of this Ordinance. 3. ~.~aximum Density Permitted A' The max'i~um density for transient hotel an~ motel units and apartment hotels which do not have cooking facilities in the dwelling units shall be thirty (30) d%celling units per gross acre. 655 ' B. The maximum density for transient hotel and motel units and apartment hotels and multi-family dwelling units which contain cooking facilities in the dwelling units shall be twenty (20) dwelling units per gross acre. 4. Minimum Lot Area: 20,000 square feet. 5. Minimum Lot t'?idth: One hundred (100) feet average between front ~nd rear lot lines. Foot for each two (2). feet of building height bver fifteen (15) feet. B. Depth of side yard - Fifteen (15) feet. plus one (1) foot for each two (2) feet of building height over' fifteen (15) feet. ~ C. Depthlof rear yard - twenty-five (25) feet 'plus one (1) foot for each t¥;o (2) face, of building height over fifteen (15) feet. D. ~inimum separation between principal structures - Between an~ two (2) principal buildings on the same parcel, there shall be pro~ided a distance.equal to one?half (%) of the sum of their heights. 7. Minimum Floor Area'~or Each Dwel.!in9 ~nit: A. Residence dw~l"lin9 units and transient dwelling units with cooking facilities -~Fi~e hundred (500) square feet. B. Transient dwelling units without cooking facilities - Three hundred (300) square feet. ~. Maximum Height: Seventy-five (7'5) feet above grade. 9. Minimum Off-Street Parklnq and Off-Street Loadln9 Requirements: As requi~ed in Section 18' o'f this Ordi~{ance. 10. Minimum Landscaping ReQuirements: There shall be provided tWO (2) square, feet Of l~'dscaped area for each square foot of landscaped a~ea for each square foot of off- street parking area %.,hich may include any landscaping required in Section 19 of this Ordinance. The preservation of existing native vegetation is permitted %.~hen such use is not in conflict with Cha~ter 13 of the Collier County Code of Laws and Ordinance. 11. ~imitation on Sign~: this ordinance. Minimum Yard Requirements: A. Depth of front yard ~ Thirt~ (30) feet plus one (1). As required in Section 20 of 132 o Section 26. GC ~ GOLF COURSE DISTRICT. 1. District Purpose. The provisions of this district are intended to"apply to areas developed into golf courses and normal accessory uses of golf courses, including some'uses of a commercial nature. 2. Permitted Uses and Structures. No building or structure, or part thereof~' sh~l]' be erected, altered or used, or land or water used, in whole.or in part, for other than the following: . A. Permitted Principal Uses and Structures. Golf Courses. B. Permi~ted Accessory Uses and Structures. (1)' Club~ou~es~ pro-shop, praCtiCe d~iving range and other customary accessory uses of golf courses, or other recreational facilities. (2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of Section 8.12 of this Ordinance. (3) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. (4) Signs as permitted in Section 20 of this Ordinance. 3. Plan Approyal Requireme.n~. Plans for the golf course and all accessory uses shall be submit%ed to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specification. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. A. General Requirements. (1) Overall site design shall be harmonious in terms of landscaping ,enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. (2) Buildings shall be setback a mlnimunn of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. (3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 133 OFF 655 ' ^ 1351 (4) A site plan shill be provided showing pertinent structure locations. 4. Maximum Height. Thirty-five (35) feet abo~e the finished grade of the lot within 150 feet of any district restricted to thirty (~0) feet or less in height, and forty-five (45) feet elsewhere within the district. 5. Minimum Off-Street Parking. A~ per Section 18 of this~dinance. 134 655 Section 27. FVR - FISHZNG VILLAGE RES.[DENTZAL DISTRICT. 1. 9.istrict Purpose.. The provisions of this district are intended to apply to areas where a mixture of residential use may be permitted to exist in com- bination with fishing equipment and structures, their maintenance repair and storage, and fadilities for processing fishing catches. Because of the unusual nature of these developments and the importance of the touris~ fishing industry, certain commercial uses may be permitted in close proximity to the residential uses. Standards for development will recognize the unusual land ownership configurations which normally exist in such fishing village. 2. Permitted Uses and Structures. No building or structure, or part 'thereof', shall be erected, altered or used, land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures. '(11 ~ingle~family ~esidence. (2) Two-family residence. (3) Multiple family residence, providing that all such uses containing more than six (6) dwelling units shall conform to the provisions of the RM-2 District. (4) Mobile }[omes. (5) Churches and other places of worship. (6) Civic and cultural facilities. (7) Transient lodging facilities. (8) Fraternal, social and recreational cl ubs. B. Permitted Accessory Uses and Structures. {l) Accessory uses and structures, including private garages. (2) Private boat launching facilities and multiple docking areas, including those uses for charter business or party boats, when operated by the residents of the principal use. (3) Storage, repair and m~ntenance areas and structures for fishing equipment, ~kc:n used by the residents of the principal use. (~) Boat yard and way wk,~n used ~y the residents of the principal use. (5) Signs subject to the provisions of Section 20 of this Ordinance. C. Provisional Uses and Structures. The following uses may be permitted subject to the pr0v~-~ons of Section ]4 135 655 ^ 1353' of this Ordinance. (1) All commercial uses permitt-d in the GRC Commercial District. (2) Fish loading and unloading, storage and processing activities, provid~.d the performance standards of the industrial district are observed. 3. Minimum Lot Area Requirement. A. Single-family residence- 6,000 square feet. 'B. Mobile homes- 6,000 square feet. C. Two-family Residence- 6,000 square feet D. Multi-dwelling- 3,000 square feet per dwelling unit. E. All other- None. 4. Minim%~ Lot Width. Al Sixty (60) feet as measured at the front yard setback line. B. Mobile homes - Sixty (60) feet as measured at the front yard setback line. 6. feet. feet. 7. Maximum Lot Coverage. Fifty (50) percent. Minimum Yard Requirements. A. Depth of Front Yard Setback- Twenty (20) B. Depth of Side Yard Setback- Five (5) feet. C. Depth of Rear Yard Setback- Twenty (20) Minimum Floor Area of Principal Structur~:~'' A. Si~.qle-family residence- 600 square feet. B. Multi-dwelling residence- 400 square feet per dwelling unit. 8. Maximum Height of Principal Structure. Forty- five (45) feet. 9. Minimum Off-Street Parking. A. As required in Section 18 of this Ordinance. 136 B55 Section 28 M}ISD - MOBILE HOMff .SUBDIVISION DISTRICT . 1. District Purpose: The provisions of this district are intended' to ~,ppl~ to an area which has been designed specifically for the placement of mobile homes for residential occupancy upon lots which are o%~ned by the residents thereon. 2. Permitted Uses and Structures: No buildiDg or structure, or par~ thereof, sha~'l be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: (1) Mobile Homes B. ~c.cessor~ Uses: Accessory uses and structures' customarily associated %.,~th mogile home development, such as recreation facilities, administration buildings, service buildings, utilities, and additions which compliment the mobile homes. Private boat houses ~nd docks, with or without boat hoists, on canal or waterway lots, not protruding more than five (5) feet into the canal or wate~ay, unless such canal or waterway has a wi4th of one hundred (100) feet or more, then the dock may.protrude'twenty(20) feet into such canal or wate~ay of such additional length as may be justified to the Director based on water depth, currents, unusual land contour or configuration or some other natural condition. No boat or boat house may be used as ~ residence. All docks, regardless ~f length shall have reflec6ors four (4") 'inches minimum size installed at the outermost end, on both sides. C. Provisional Uses: The following uses may be permitted ~ubject to the provisions of Section 14 of this Ordinance: (1) Marinas, country clubs, yacht clubs (2) Civic and cultural facilities (3) Churches and other places of worship 3. Plan Ap'prova'l' Required: Plans for mobile home subdivision district shall be processed in th~ same manner as regular subdivision plats. Mobile home subdivision plats shall be recorded in the Collier County Plat Book. 4. Minimuru Lot Area A. Mobil~ l{omes - 6,000 square feet 5. Minimum Width .. A. ~o~il~ ]~mes - sixty (60) feet measured a~ the front yard setback line. 6. Minimum Yards A. Depth o~ Front Yard - 25 feet B. Depth of Side Yard - 7~ feet C. Depth of Rear Yard - 10 feet 7. Minimum Floor Area ~. Mobile Homes - Six hundred (600) square feet. 137 655 r^ [1355 8. Minimum Mobile Home S6bdivision Size: Forty (40) acres. Every mobile home subdivision ~hall have a minimum.of forty (40) acres of land, unless the pro- poscd d~.ve].opment is within thc bounds of public sewer and water in which case then the minimum size shall be twenty (20) acres~ 9. Maximum }~eight: Thirty (30) feet above the finished ~rade of the ~ot. Accessory buildings limited to twenty (20) feet above the finished grade of the lot. 10. Minimum Off-Street Parking" Two (2) spaces per d%.;elling Unit' which must be located on the lot they are intended to serve. 11. Minimum Number of space~ Completed and R.eady for Occupanc~ Be'fore First Occ.up~nc~ is Permi~ed~ Fifty (50) s~acos. .].2. Compliance: All MHSD erected after the effective date of this ordinance shall comply %.;!th all requirements 'of this Ordinance. No MHSD that exists on the effective date of this Ordinance shali be altered so as to provide a lesser degree of conformity with the provisions of this s~ction than c>:isted on the effective date of this Ordinance. Land already zoned MHSD which does not meet the acreage requirement may be developed; bot.;ever, the development shall conform with all other provisions of this Ordinance. 13. Exceptions: Non-conforming MHSD lots within platted subdivisions approved by the Board of County Commissioners and recorded with the Clerk of the Circuit Court prior to October 14, 1974, shall be subject to the following standards: A. Minimum Lot Area: In accordance'with the recorded plat. B. Minimum Lot ~,;idth: In accordance with the recorded plat. C. Minimum Yard Requirements: (1) Depth of front yard - 20 feet (2) Depth of side yard - 5 feet (3) Depth of rear yard - 10 feet D. All other standards as required for conforming lots. .( 138 Section 29 ~.II£RP-MOBILE 'IIO~IE RENTAL PARK ,. 655",'^ 'r1356 ........ ! I 1. District Purpose: The provisions of this district z{re intended' to a'~ly to managed mobile home rental parks, in which lots may riot be sold to individuals and on-site management is provided. 2. Permitted Uses and Structures: No building or structure, or part ~'h~reof, shall be erected, altered~ or used, or land or %cater used, 'in whole or in part, for other than the following: A. Permitted Principal Uses and StrUctures '('1)' Mobile Homes B. Permitted Accessory Uses and Stru'ctures · Accessory uses and structures customariiy associated With mobile home parks, including patios, recreation f~cilities, administration buildings, service buildings and utilities. Private b~at houses and docks, with or without boat hoists, on canal or wate~'~ay lots, not protruding more than five feet into the canal or %~ate~.~ay, unless such canal or water- way has a width of one hundred (100') feet or more, then the dock may protrude twenty (20') feet into such canal or water- way of such additional length'as may be justified to the Director based on water depth, currents, unusual land contour or configuration or some other natural condition. No boat or boat house may be used as a residence. Ail docks, regardless of length, shall have reflectors four (4") inches minimum size installed at the outermost end, on both sides. C. Provisional Uses and Structures: The following uses m~y'be permitted ~ubject to the provisions of Section 14 of this Ordinance: (1) Marinas, Country club~, Yacht clubs (2) Civic or cultural fadilities (3) Churches (4) Upon completion.and occupancy of fifty (50) percent or more of the designed lot capacity of the mobile home rental park, convenience establishments of a commercial nature, including stores, laundry and dry cleaning agencies, beauty shops and barber shops, may be permitted in mobile home rental parks subject to ~he following restrictions: Such establishments and the pa~king area primarily related to their operation shall not occupy more than ten (10) percent of the area of the park; shall be subordinate to the residential use and character of the park; shall be located, designed, and intended to serve the exclusive trade of the service needs of persons residing in the park; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the park-~ (5) Mobile Home Sales, providing following restrictions be met: (a) Such uses shall not occupy more than ten percent of the area of the park or two (2) acres, whichever be smaller. (b) The outside display area shall be treated with a hard surface of either concrete or plant mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas. 655 r [1357 (c) A visual buffer shall be proviced around the area of outside display adjacent to residential or mobile home park development'or vacant land. 6. Travel Trailers, pick-up coaches, and motor homes subject to the TTRV district regulations. (a) The requirements of the TTRV district s hall be in addition to the requirements o~ the MHRP District regulations. (b) TTRV lots shall not be interspersed with mobile home lots within :the MHRP but shall be located %~ithin a separate path of the MHRP %~hich area is specifically designated on the plans as being reserved exclusively for TTRV use. 3. Plan Approval Requirements: Layout plan~ for a mobile home rental park shall'be submitted to the Director and construction shall be in accordance with approved plans and specifications. 4. Min'imum Lot Requirements: A. Minimum size ot lot or space - 4,0~0 square feet B. Minimum lot %~idth - 45 feet as measured at. the . front yard setback line. 5. Minimum Setbacks from Lot Boundaries: A. Depth of Front Yard - ten (10).feet setback B. Depth of Side yard - five (5) feet setback C. Depth of Rear Yard - Eight (8) fee~ setback D. From exterior boundary of park or from any required buffer area - ten (10) feet setback. E. From public streets - twenty-five (25) feet ~etback. F. From building or structures - ten (10) feet setback. 6. Minimum Park Size: Every mobile'home rental' park shall have a minimum of twenty (20) acres of land. 7. Required Recreation Area: The follnwing amount of land or water shall be set aside and developed for recreational purposes within the mobile home rental park site: A..Three hundred (300) square feet for each lot for the first one hundred (100) lots. B. Two hundred (200) square feet for each lot in excess of one hundred (100) lots. C. One half (%) of the %.~ater surface %~ithin the park.may be credited toward the required recreation area, except that at least fifty (50) percent of the required recreation area shall be land area. 8. ~equired Buffers: Visual screens are required in '-' 140 655 the following areas; A. Parking area adjacent to the entrance and exit- way areas, as may be required under Section 18 of this Ordinancc. B. Mobile home rental parks fronting on a highway shall provide and maintain a clear area not less than twenty (20) feet in width alongside and parallel to the highway to facilitate safe and rapid entrance and exit from the highway by arriving and departing vehicles. There shall be an additional landscaped area of five (5) feet inside the entire length of the clear area. C. Mobile home rental parks abutting highways or lands zoned other than for such parks shall be effec- tively screened from such highways or. land by a buffer s~rip at least five (5) feet wide, in which ornamental screening composed of structural or plant material shall be placed. Such screen shall be attractively maintained at all times. 9. Required Internal Park Street System. Ail lots within a ~bile home rental '~rk shall hate direct access ' from an internal street. Ail internal streets within the mobile home park shall provide safe and convenient access to a public s~reet. The right-of-way wide%s, paving widths, and other construction .standards, including gradient and alignment of all internal streets and drainage shall be reviewed and approved by the Co~,ty Engineer. 10. Minimum Off-Street Parkinq. A. Two (2~ spaces per dwelling unit shall be provided, located within the boundaries of the mobile home rental park. B. All commercial uses aDO other uses accesso~ to the park shall comply with the provisions of Section 18 of this Ordinance. 11. Compliance. All MHRP erected after the effective date of thfs 6rdin~nce shall comply with all requirements of this ordinance. NO MHRP that exists on the effective date of this ordinance shall be altered so as to provide a lesser degree of conformity with th~ provisions of tht~ section than existed on the effective date of this or- dinance. Land already zoned MHRP which does not meet the acreage requirement may be developed; however, the devel- opment shall conform with all other regulations of th~s Ordinance. 141 655 Section 30. TTRV-TRAVEL TRAILER-RECREATIONAL VEHICLE PARK DISTRICT. 1. District Purpose. The provisions of this district are intended t~ apply to trailer lots for travel trailers and recreational vehicles not exceeding eight (8) feet in width and not exceeding thirty (30) feet in length. Such trailer lots are intended to accommodate travel trailers, pick-up coaches, motor homes, and other vehi- cular accommodations which are suitable for temporary hab- itation, used for travel, vacation, and recreational purposes. 2. Permitted Uses and Structures. No building or structure, 9r part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures. . (1) Travel trailers, pick-up coaches, motor hemes, and other recreational vehicles. (One per lot.) B. Accessory Uses and Structures. (1) Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including patios, recreation facilities, administration buildings, service buildings, and utilities. C. Provisional Uses. The following may be permitted subject totthe provisions of Section 14 of this ordinance. (1) Marinas; country clubs, yacht clubs. (2) Civic or cultural facilities. (3) Churches and other places of worship. (4) Upon completion of all required improve- ments of the TTRV park, convenience establishments of a commercial nature including stores, laundry and dry clean- ing agencies, beauty shops and barber shops,may be permitted ' in TTRV parks subject to th~ following restrictions: Such establishements and the parking area primarily related to their operations shall not occupy more than five (5) per- cent of the park; shall be subordinate to the use and char- acter of the park; shall be located, designed, and intended to serve the exclusive trade of the service needs of the persons xesiding in the park; and shall present no visible evidence of their commercial character from any portion of ~ny public street or way outside the park. (5) Travel trailer recreational vehicle sales, subject to the following requirements: (a) Such uses shall not occupy more than five (5) percent of the area of the park or one (1) acre, whichever be smaller. 142 (b) The outside display area shall be treated with a hard surface of either concrete or plant mixed bitumenous material except desirable landscaped areas which shall be separated from all paved areas. (c) A visual buffer shall be provided around the area of outside display. 3. Plan Approval Requirements. Layout plans for a TTRV park~hall be submitted ~6 the Director and construction shall be in accordance with approved plans and specifications. 4. Minimum LOt Requirements. A. Minimum. area of lot - 1,200 square feet. B. Minimum width of lot'- twenty (20) feet measured at the front yard setback line. 5. Minimum Setbacks from Lot Boundaries. A. Depth o~ Front Yard - ten (10')"feet setback. B. Depth of Side Yard - five (5) feet setback. C. Depth of Rear Yard - eight (8) feet setback. D. From exterior boundary of park or from any required buffer area - ten (10) feet. E. From Public Street - twenty five (25) feet. F. From buildings or s~ructures - ten (10) feet. 6. Minimum Park Size. Every travel trailer recreational vehicle park shall have minimum of twenty (20) acres of land. ?. ~equired. Recreation Area. The following amount of land or water Shall b~ set aside and developed for recreational purposes within the TTRV park site: A. Two hundred (200) square feet for each lot for the first one hundred (100) lots. B. One hundred fifty (150) square feet for each lot in excess of one hundred (100) lots. C. One half (~) of the water surface within the park may be credited toward the requirbd recreation area, except that at least fifty (50) percent of the required recreation area shall be land area. 8. Required Buffers. Visual screens are required in the follo~-~ng areas: A. Parking area adjacent to the entrance and exit-way areas, as may be required under Section 18 of this Ordinance. B. TTRV parks fronting oA a highway shall pro- vide and maintain a clear area not less than twenty feet in width alongside and parallel to the highway to facilitate safe and rapid entrance and exit from the by arriving and departing vehicles. There shall be an additional landscaped area of five (5) feet inside the 143 655 ^ 1361 length of the clear area. C. TTRV parks abutting highways or lands zoned other than for.such parks shall be effectively screened from such h~ghways or land by a buffer strip at least five (5) feet wide, in which ornamental screening composed of structural or plant material shall be placed. Such screen shall be attractively maintained at all times. 9. Required Internal Park Street System. All lots within a TTR9 pa~k' shall have direct access from an in- ternal street. Ail internal streets within the mobile home park shall provide safe and convenient access to a public street. The right-of-way widths, paving widths, and other construction standards, including gradient'and alignment of all internal streets and drainage shall be reviewed and approved by the County Engineer. 10. Minimum Off-Street Parking. A. One space per TTRV space shall be provided, located within the boundaries of the TTRV park. B. All commercial uses and other uses accessory to the park shall, comply with the provisions of Section 18 of this Ordinance, 11. Compliance. All TTRV parks erected after .the effective date of this ordinance shall comply with all requirements of this ordinance. No TTRV park that exists on the effective date of this ordinance shall be altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effec- tive date of this ordinance. Land already zoned TTRV which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this ordinance. Scction 31. CD-C~2~PC. ROU%JD DISTF, ICT. 1. District Purpose. The provisions of this district are intended to provide a commercial campground which accommodates temporary residency while camping, vacation- ing or recreating. 2. Uses Permitted. No building or structure, or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PriNcipal Uses. (1) Commercial campground with on-site management provided, including convenience establishments of a commercial nature including stores, laundry and dry cleaning agencies, and personal services may be permitted in commercial campgrounds subject to the following restric- tions: (a) Such establishments and the parking area primarily related to their operations shall not oc- cupy more than ten (10) percent of the area of the park or one acre whichever be smaller; (b) Such establishments shall be sub- ordinate to the recreational character of the campground and shall be located, designed and intended to serve the exclusive trade and service needs of persons residing in the campground; and {c) All commercial uses and~ other uses accessory to the Campground shall comply with Section 18 of this ordinance. 3. Special Requirements for Commercial Campground [CD). All commercial 6'~npgrounds shall meet the following~ini- mum requirements: A. Minimum campground size - ten (10) acres. B. Minimum width - 600 feet measured at the front yard setback line. C. Maximum density - Nine (9) lots (hereinafter called campsite) per acre, gross density. Gross density (for campground only) is defined as the number of campsites per acre considering all land inside the campground area, i~cluding campsites, utility areas, natural areas, water areas and other supporting uses. D. Required Facilities: (1) Sanitary facilities, including flush toilets, and showers within four hundred (400) feet walking distance of every campsite as approved by the Collier County Health Department. Lighting shall be pgovided in sanitary facilities at all times. 145 5 (2) Potable water supply approved by the Col- liar County Health Department with a spigot for every two (2} campsites. (3) At least one' (1) garbage or trash recep- tacle for every two (2) campsites. (4) Administration building and safety' building open at all times wherein a portable fire extin- guisher in operable conditions and first aid equipment is available, and a telephone is available for public use. (5) One parking space per campsite. (6) One picnic table per c~mpsite. (?) One fireplace or cooking area per. camp- site. 4. Desi n Standards. . ~.. Campsites shall be set back a minimum of 660 feet from any county, state or federal highway right-of- way. B. Each campsite shall have minimum setback of ten (10) feet from the exterior boundary lines of the camp- ground area or from any required bugger area. C. Each campsite shall be directly accessible by an interior road. D. At least twenty (20) percent of the total area of the campground shall be covered by vegetation at least two (2) feet high or may be left in its natural vegetative cover. At least one-half (%) of the total amount of vegetation or natural vegetative cover will be distributed at or between campsites. Such vegetation shall bo maintained in good healthy conditions at all times. E. A vegetation screen or ornamental fence which will substantially screen the campsites from view of public rights-of-way and neighboring properties sh~ll be pro- vided around or near the perimeter or that part of the camp- ground containing campsites. Such screen shall be maintained in good condition at all times. F. Each campsite shall contain a level area containing at least 600 square feet for erecting camping equipment. G. No camping vehicle, or camping equipment shall 'be used for human habitation, for a period exceeding sixty (60) consecutive days. The intent of this provision is to prohibit the use of camping areas for permanent or ~emi-permanent use as a dwelling. H. Each separate campsite shall contain a. min- imum of 3,600 square feet. I. Each campground shall reserve at least twenty five (25) percent of its total area as natural open space excluding perimeter screening. Such open space may in- clude recreation open space and water areas, but may not include utility areas, administration buildings, commercial areas and similar activities. 146 5 OFF 655 ^.1364 5. Drainage and Other Construction Requirements. The right-of-way widths, paving widths, and other con- struction standards, including gradient and alignment of all internal streets and drainage shall be reviewed and ap- proved by the County Engineer. 6. Plan Approval Requirements. Layout plans for a campground shall be submitted to the Director and construction shall be in accordance with approved plans and specifica- tions. 7. Required Utilities. All utilities shall be installed as required by the State of Florida, Collier County Health Department, Collier County Building Code, and such other regulations and requirements as may apply. 8. Compliance. All campgrounds erected after the effective date of this ordinance shall comply with all requirements of this ordinance. No campground that exists on the effective data of this ordinance shall be altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of this ordinance. Land already zoned campground district which does not meet the acreage requirement may be developed; however, the development shall conform with all other regulations of this ordinance. 147 ~001( 5 ~' Section 32. PC - PROFESSIONAL COMMERCIAL DISTRICT. 1. District Purpose. The pr6visions of this district are intended to apply to areas located adjacent to highways and arterial roads. The PC Professional Commercial District is intended to permit those uses which minimize pedestrian traffic. Large lot sizes, landscaping,~controlled ingress and egress, and other restrictions are intended to minimize frequent ingress and egress to the highway, from abutting uses. 2. Permitted Uses and Structures. No building or structure, or part thereof 'shaI'~" b~ erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted principa%_ ~ses_and Structure~. '(1) Busihess and p~ofessional offices. (2) Banks, financial institutions. (3) Churches and other places of worship. (4) Funeral homes. (5) Hospitals. (6~ Medical laboratories, medical clinics, and medical offices for humans. (7) Parking Garages and Lots. (8) Research design and development activities and laboratories, provided that: (a) No odor, noise, etc., ~etectable to normal senses from off the premises are generated. (b) All work is done within enclosed structure. (c) No product is manufactured or sold, except incidental to development activities. (9) Transportation, communication and 'utility offices. B. Permitted Accessory Uses and Structures. '(1) Accessory uses and structures customarily associated with uses permitted in this district. C. Provisional Uses and Structures. The fol- lowing uses m~ be permitted subject to provisions of Section 14 of this Ordinance. (1) Colleges and Universities. (2) Automobile Service Stations - without repairs.(See Sec. 8.13) (3) Motels, hotels, and transient lodging facilities containing a minimum of one hundred (100) dwelling units having a minimum lot area of ten (10) acres for the first one hundred (100) dwelling units and 148 ~F ,. 655 one (1) acre for each additional fifteen (15) dwelling units or portion thereof. Minimum lot width is 660 feet. (4) Museums. (5) Private Clubs. (6) Rest homes~ convalescent centers, and nursing homes. (7) Restaurants, not including drive-ins. 3. Minimum Lot Area. 40,000 square feet. 4. Minimum Lot Width. Two hundred (200) feet measured at the front yard setback line. 5. Minimum Yard Requirements. A. Depth of Front Yard Fifty (50) feet plus one (1) foob for each two (2) feet of building height above fifty (50) feet. B. Depth of Side Yard Twenty-five (~5) feet plus one (1) foot for each two (2) feet of building hetghb above fifty (50) feet. C. Depth of Rear Yard Fifty (50) feet plus one (1) foot.for each two (2) feet of building height above fifty (50) feet. thousand floor. Minimum Floor Area of Principal Structure. (1,000) square feet per building on ground One 7. Maximum Height of Structures. None. 8. Minimum Off-Street Parkin~ and Off-Street Loading Reguirements. As required in Section 18 of this ~rdinance'. ' 9. Minimum LandscaPing Requirements. As required in section 19 of this Ordinance. 10. Limitations on Signs. As permitted in Section 20 of this Ordina~ce. (; 149 0~' ,to 655 ^c 1367 Section 33. CC - CONVENIENCE CO,~IMERCIAL DISTRICT. 1. District Purpose. The CC Convenience Commercial District ~s intended'to apply to areas where selected establishments may be appropriately located to provide the small scale shopping and personal needs of the surrounding residential areas and within convenient traveling distance. It is generally intended to utilize this District to implement the Comprehensive Plan within, but not necessarily limited to, those areas of Collier County shown as "Convenience Commercial" on t~e Land Use Plan. 2. Permitted Uses and Structures. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures. ii) Automobile service stations without repairs. (See Sec. 8.13) (2) Baker shops - including baking only when incidental to retail sales from the premises. (3) Barber and beauty shops. (4) Bicycle sales and service. (5) Delicatessens. (6) Drug Stores. (7) Dry cleaning - collecting and delivery only. (9) (lO) (ll) (12) (13) (14) (15) appliances~ shoe. (16) (17) kenneling. Food markets. Hardware stores. Ice cream shops. Ice sales (not including ice pkants). Laundries, Self Service only. Meat markets. Post Offices. Repair shops - radio, TV, small Restaurants - not including'drive-ins. Veterinary clinics - No outside B. Permitted Accessory Uses and Structures. ~(1) Accessory uses and structures customarily associated with the uses permitted in this district. 3. Minimum Zoned Area. Two (2) acres. 4. Minimum Lot Area. None. 5. Minimum Lot Width. None. 150 655 ^.1368 6. Minimum Yard.._Requirements. A. Depth of front yard - Fifteen (15) foet in which no parking shall be allowed nor any merchandise stored or displayed. B. Depth of side yard - None or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. C. Depth of Rear Yard - Twenty-five (25) feet. D. Any yard abutting a residentially zoned parcel - Fifty (50) feet. 7. Minimum Floor Area of Principal Structure. 1,000 square feet per building on the ground f16o~'. 8. Maximum Height. Fifteen (15)' feet above the finished grade of the lot. 9. Minimum Off-Street Parkin~ 9.n.d Off-Street .Loadin~ R~qu!rem~n~s. As required fn Section 18 of this Ordinance; 10. Minimum Landsc.apin9 Requirement~.. As required in section 19 ~f'this Ordinance. 11. Limitations on Signs. As permitted in Section 20 of this Ordinance. 12. Lighting. Maximum height fifteen (15) feet, arranged So that no source of light to be visible from any residentially zoned property. 13. Storage. There shall be no outside storage or display of merchandise. 14. Loading and Unloading Provisions. Shall be in accordance' with Section 18 of this Ordina'nce and shall be arranged so that no.unloading of trucks shall take place at the front of the store. 15. ~tility Areas. Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners and shall be located in the rear yard in case of interior lots and in the side yard in case of corner or through lots. 151 Section 34. GRC - GENERAL f~ETAIL COMMERCIAL. 1. District Purpose. The GRC - General Retail Commercial District is intended to provide for a greater variety of commercial services and..sales than is per- mitted in the CC - Convenience Commercial District. The GRC, General Retail Commercial District, is also intended to serve a larger trade area of the community than the CC District and is designed to accomodate the motoring public as well as the local Pedestrian Consumers. The GRC - General Retail Commercial District will be utilized in the implementation of the Comprehensive Plan by limiting its amount and location in accordance with the policies and objectives of the Comprehensive Plan. 2. Permitted Uses and Structures. No building o~ structure, or part thereof',' shall be ~rected, altered or used, or land or water used, in whole or in part, for · other than the following: A. Permitted Principal Uses and Structures. '(1) Antique Shops. (2) Appliance Stores. (3) Art Studios. (4) Art Supply Shops. (5) Automobile Parts Stores. (6) Automobile Service Station~ without repairs. (See Sec. 8.13) (7) Aw~.ing Shops. (8) Bakery Shops. (9) Banks and Financial Institutions. (10) Barber and Beauty Shops. (11) Bath Supply Stores. 6 (12) Bicycle Sales and Services. (13) Blueprint Shops. (14) ~Bookbinders. (15) (16) (17) or installation. (18) (19) (20) ~21) (22) (23) (24) Book Stores. Business Machine service. Carpet Sales - Not including storage Churches and other places of worship. Clothing Stores. Cocktail Lounges. Commercial Recreation Uses - Indoor. Commercial Schools. Confectionery & Candy Stores. Delicatessens. 152 ~FF 555 (25) (27) (29) (30) (31) Section $.12., (32) (33) (34) (36) (36) (37) · hal lation. (39) (40) (42) (43) (4~) (45) (46) (47) (4~) (~,9) Testing. permitted. C50) (51) . (52) (53) (54) (55) (56) (57) (59) (60). (6l) (62) (63) (64) (65) (66) (67) (68) (69) (70) Depar~aant Stor~s. Drug S=ores. Dry Cleaning Skops. Dry Goods Stores. ELecurical Supply Szores. · ~lorlst Shops. Fr&tarnal znd Social'Clubs L'~ubjec~ ~ur;eral Homes. .. Furnitures Stores.' Furrier Sho~s. ' .. Garden Supply Stores - outside display in General Offices' ... Gift Shops.. . G!~ss and MirrOr Sales' Not in~iu~i~g. Gourmet Shop. . ' ..:'.. ' · H&rdware Stores. " ' ' }[at Cleaning & Blockin~. . .Health Food Stores. ' .. }robby supply Stores. Ice Cream Stores. Interior ~ecora%ing ShowrOoms a~a Office. Jewelry Stores. Laboratories - ~il~, Research'~d Laundries, Self Servia% Only.. ~ *- Leather Goods. ./.'!' Legitimate Thgatr~s. ,. Liquor Stores.. · ' : ' .Locksmith ' Harinas. .Markets, Food. '' 'Markets, Heat. '' Motion P~&ture Th~atr~.. " Museums. ' ' ' ~Tew Car Dealerships - Outside'~isp~y Office Supply Stores. Paint and Wallpaper Stor~s. · "" .- Pet Shops. Pet Supply Shops. .' Photographic E~uipment Stor~s. BOOK 0~ 655 r^ [1371 (71) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) Pottery Stores Printing, Pt~lishing and Mimeograph Service Priw~te Clubs Professional Offices Radio and Television Sales & Services Research and Design Labs Rest Homes and Sanitoriums Restaurants, not including drive-ins' Shoe Repair Shoe Stores Shopping Centers-Less than 25,000 square feet gross floor area on ground floor (82) Souvenir Stores (83) Stationery Stores (84) Supermarkets '(85) Tailor Shops (86) Taxidermists . (87) Tile Sales-Ceramic Tile (88) Tobacco Shops (89) Toy Shops (90) 'Tropical Fish Stores (91) Variety Stores (92) Vehicle Rental-Automobiles only (93) Veterinarian Offices and Clinics-no outside k~nnels (94) Watch and Precision Instrument Repair Shops (95) Drapery Shops (96) Upholstery Shops (97) Bait and Tackle Shops (98) Any other commercial use or pr6fessional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district B. Permitted Accessory Uses' and Styuc'tures: Accessory uses a~d structures customarily associated with the uses permitted in this district. Private boat houses and docks, with or without boat hoists, on canal or waterway lots, not protruding more than five (5) feet into the canal or wate~ay, unless such canal or wate~cay has a width of one hundred (100) feet or more, then the dock may protrude twenty (20) feet into such canal or waterway of such additional length as may be justified to the Director based on water depth, currents, unusual land contour or configuration or some other natural con- dition. No boat or boat house may be used as a residence. Ail docks, regardless of length shall have reflectors four (4") inches minimum size installed at the outermos~ end, on both sides. C. Permitted Provisional Uses and Structure~: The following uses may be permitted subject to provisions of Section 14 of this Ordinance: (1) Shopping Centers-~4ore than 25,000. square feet gross floor area on ground floor (2) Commercial Recreation-Outdoor (3) Drive-In Theatres (4) Car ~ash (5) Residence in conjun'c'tion with business (6) Child Care Center .( 3. Minimum Lot Area: None 4. Minimum Lot Width: None 5. Minimum Yard Requirements: A. Depth of Front Yard Setback - Fifteen i15) feet in which no parking shall be allowed nor any merchandise stored or displayed. B. Depth of Side Yard Setback - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. C. Depth of Rear Yard S~tback L Twenty-five (25) feet. No rear yard required for marinas. 6. Minimum Floor Area of Principal Structure:~ One Thousand' (i~000) square feet per building'On the ground floor. 7. Maximum Height: Thirty-five (35) feet above the finished grade of the lot. 8. Minimum Off-Street Parking and Off-Street Loadin~ Requirem~nts~ As required in SEction 18 of this Ordinance. 9. Minimum Landscaping Requirements; As required in Section ~9 of this Ordinance. 10. Limitation On Signs: As required in Section 20 of this Ordinance. 11. Merchandise Storage and Display: Unless specifically permitted for a given use, Outside storage or display of merchandise is prohibited. 155 055 r^c J.373 Section 35. CI-COMMERCIAL INDUSTRIAL' DISTRICT. 1. District Purpose. The provisions of this district are intended to permit a range of commercial uses and service~ not generally perm,.tied in more restrictive commercial districts. The CI District is intended to permit inside storage and warehousiDg along with limited manu- facturing, assembly, and processing operations which are conducted wholly within a building and which are not obnoxious by reason of emission, of odor, fumes, dust, smoke, noise, or vibration. The CI. District is intended to provide uses ~nd activities which are compatible with the policies and objectives of the Comprehensive Plan~ 2. Permitted Uses and Structures. No building or structure, or part thereof shall be erected, altered or used, or land or water used, in whole or iA part, for other than the following: A. Permitted Principal Uses and Structures: (1) Ail principal uses permitted ih GRC District. '(2) Aluminum Fabricators and Screening Shops. (3) Assembling in Enclosed Building. (4) Auction Houses. (5) Blcszcle Shops - Repair Only. (6) Boat Sales - With outside storage. (7) Body Shop - Mechanical Repair not asso- ciated with New Car Dealers. (8) Building Maintenance Service. (9) Building Supply. (10) Cabinet Shops. (11) Carpet Storage & Installation. (12) Car Wash. (13) . Commercial Boat ~ouses, Boat Building, and Boat Ways. (14) Commercial Boat Storage - Non Waterfront. (15) Commercial Boat Yard. (16) Commercial Recreation - Outdoor. (17) Communications Equipment Repair. (18) ' Contractors Storage - Outside. (19} Equipment Rontals - Including Lawn mowers, power saws, etc. (20) 'Feed and Grain Sales. (21) Fish Markets. (22) Furniture Refinishing Shops. (23) Gas Stations with Repair. (24) Gunsmith. (25) Lawn Maintenance Shops. (26) Linen Supply Shops. 156 5 655 (27) (28) (29) (30) (31) (32) (33) (35) (36) (37) (35) (39) (40) Motorcycle Sales and Service. Motorcycle Shops - Repair Only. Parking Garages and Lots - Commercial. Pest Control Service. Plumbing Shop. Plumbing Supplies. Poultry Markets. Secondhand Stores. Sign Pain~ing Shops. Swimming Pool Maintenance Shops. Used Car Lots. Vehicle Rentals. Warehousing. Wholesaling and Storage (41) Wholesaling, warehousing, storage, or distributing establishments and similar uses. (42) Light mandfacturing, processing (includ- ing food processing, but not slaughter house), packaging, or fabricating in completely enclosed building. (43) Printing, lithographing, publishing or similar establishments. (44) Bulk storage yards, not including bulk storage of flammable liquids, subject to the provisions of the County or State Fire Codes. (45) Outdoor storage yards and lots, provided, such outdoor storage yard shall not be located closer than twenty five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary in- gress and egress, by a solid fence or wall not less than six (6) feet high; and provided further that this provision shall not permit wrecking yards (including automobile wreck- ing yard), Junk yards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display; or sales of any scrap, salvage, or second-hand building materials, junk automotive vehicles, or second- hand automotive vehicle parts. (46) Retail and repair egtablishments for sale and repair of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, automotive vehicle parts and accessories (but not junk yards or automotive vehicle wrecking yards), heavy machinery and equipment, farm equipment, retail establishments for sale of farm supplies, lumber and building supplie~, mon,lments, and simi- lar uses. (47) Service establishments catering to convnerce and industry including linen supply, freight movers, cor~nun- ication services, business machine services, canteen ser- vices, restaurant (including drive-in restaurant) hiring and union halls, employment agency, sign company, auto- motive service or truck stops, and similar uses. (48) Vocational, technical, trade, or indus- trail schools and similar.uses. 655 (49) Medical clinic in connection only with industrial activity. (50) Miscellaneous uses such as express office, telephone exchange, cbmmercial parking lots and parking garages,.motor bus or truck or other transportation ter- minal and related uses. (51) Radio and television stations and trans- mitters, b~t not tower. Uses listed in numbers 41,42,44,45,50 and 51 above require a Site and Development Approval prior to the issuance of a building permit. B. Permitted Accessory Uses and Structures. Accessory uses and structures customarily associated with the uses permitted in this District. C. Provisional Uses. The following uses may be permitted subject to provisions of Section 14 of this Ordinance. (1) Commercial Fisheries. (2) Outside Kenneling. 3. Minimum Lot Requirements. A. Area - None B. Width - None 4. Minimum Yard Requirements. A. Depth of Front Yard - twenty five (25) feet in which no parking shall be allowed nor any merchandise stored or displayed. B. Depth of Side Yard - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. Twenty five (25) feet for all side yards abutting residen- tially zoned property. C. Depth of Rear Yard - Twenty-five (25) feet. D. Waterfront - Twenty-five (25) feet. E. No setback is required from a railrOad siding easement or railroad right-of-way. 5. ~ini~um Floor Area of Principal Structure. 1,000 square feet. 6. Maximum Heiqht of Structures. Thirty-five (35} feet above the finished grade of the lot. 7. Minimum Off-Street Parking and Off-Street Loading Requirements. See Section 18. 8. Minimum Landscaping_ Req~i.~en_~. See Section 19. 9. Limitations on Siqn~. See Section 204 158 0~'~ Section 36. I-I[;DUSTRIAL DISTRICT 1. District Purpose. The purpose of this district is to per,it industrial uses under such~ conditions of operation as will protect residential and commercial uses and adjacent industrial uses. The T District is designed to allow outside storage of equipment and merchandise. The I District is intended to provide land for basic in- dustrial uses which are not.permitted in other zoning districts but which are essential to the needs and well- being of the community. The I District is intended to implement the Com- prehensive Plan by permitting and encouraging industzial uses which are compatible to its policies and objectives. 2. Permitted Uses and Structures. No building or structure, or part thereof, shall be~erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses (1) Airports and landing fields-Site Plan Review (See 39.8) (2) Body shops, mechanical repairs (3) Building supply (4) Clothing fabrication (5) Commercial and private parking lots and parking garages (6) Contractors' equipment storage yards, coal and wood yards or similar uses not otherwise contained in an enclosed building shall be fenced in accordanca with the provisions contained herein. (7) Gasoline service stations, including those engaged in mechanical work. (8) Kenneling, stabling, animal clinics, veterinary hospitals (9) Manufacturing, warehousing, stcring, pro- cessing, canning, packing, mining, extracting or similar uses. (10) Marinas, co~mercial boat houses, commercial boat storage, boat building, boat ways, boat yards and commercial fisheries. (11) Printing and Dublishlng (12) Repair shops (13) Research and design labs (14) Restaurants (15) Wholesale establishments (16) Sales and service of trucks and heavy equip- ment (17) Light manufacturing and assen%bling in enclosed buildings (18) Storage yards (19) Any other industrial or manufacturing use which is comparable in nature with the fore- going uses and which the Director determines to be compatible in the district. B. Permitted Accessor~ Uses and Structures. 159 655 Accessory uses and structures customarily associated with the uses permitted in this district including housing for security guards. C. Provisiona~ Uses. The following uses may be permitted ~ubject to th~ provisions of Section 14 of this Ordinance. The following uses shall include but not be limited to any other uses which in the opinion of the Planning Con~ission is of a similar character as those specified below: (1) Manufacturing! Invloving primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquetts, aniline dyes, amonia, carbide, caustic soda~ cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic, resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric, and sulphuric acid, coal, coke and tar products, explosives, fertilizers, gelatin, animal glue and size, gas manufacturing; unless incidental to a principal use, turpentine, matches, rubber, soaps, fat rendering. (2) Processing': Involving tile following: nitration'of cotton or other materials, magnesium foundry, reduction, refining, smelting or metal or metal ores, refining of petroleum products and by- products; curing or tanning of raw green or salted hides or skins; melting and alloying of metals; stock- yards, junkyards, slaughter houses, slag piles, and storage or fireworks or explosives and automobile wrecking. (3) ~{holesale storage of gasoline, ].iquifie~ petroleum, gas, oil, or other flammable liquids or gases, but not located within five hundred (500) feet of the nearest residential district. Minimum Lot Requirements: Area - None ~{idth h None 4. Minimum Yard. Requirements: A. Depth of Front Yard Setback - Fifty (50) feet. B. Depth of Side Yard Setback - Fifteen (15) feet except that no side yard shall be less than fifty (50) feet of an abutting residentially zoned lot. C. Depth. of Rear Yard Setback - Fifteen (15} feet except that no rear yard shall be less than fifty (50) feet of an abutting residentially zoned lot. D. Waterfrong - Twenty-five (25) feet except that no waterfront yard shall be less than fifty (50) feet of an abutting residential zone lot. No setback is required from a railroad easement or right-of-way. 5. Minimum Floor Area of Principal Structures: ~-~00 square feet. 160 5 655 ,'^c 1378 6. Ma×im[m Helqht of Structures - Thirty-five feet abov~- %he fln'i-~h~d grade of the. lot. 7. Minimum Offstreet Parking and Offstreet Loadinq Requirements. See Sec~io'n 18. 8. Minimum Landscaping Requirements - See Section 19. 9. Limitations of Siqns.- See Section 20. 10. Fence Requirements. A fence shall be of masonry or wgod, or o~her apProv~d--b-y the Director, at least seven (7) feet in height above ground level. In the case of junk yard, said fence or wall shall be of such construction so as to co. mpletely conceal and block the fenced junk from the view of neighboring land owners and passersby, and shall meet all rules and regulations concerning zoning and construction in Collier County. See Section 8.16, Fences, $~alls and Hedges. t 161 655 'r, r.t379 Scction 37. A - AGRICUL?U~L DISTRICT 1. District Purpose: The A - Agricultural District is imtended to apply to t~'~se areas, the present or prospective use of which is primarily agricultural, pastoral or rural in nature. This District is designed to accomodate traditional agricultural uses, outdoor recreational activities, and conservation measures, where appropriate, while protecting the rural areas of the County. The regulations in this District are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously · endanger, damage, or destroy the agricultural or environmental resources of Collier County, the potable water supply, or the wildlife resources of the County. It is the intent of this Ordinance to retain and encourage agriculture in accordance with the objectives of the Comprehensive Plan. 2. Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in %~hole or in part, for other than the following: A. Permitted Principal Uses: (1) Single Family Residence excluding mobile homes except as permit%ed in 2B (2) and 2B (3). (2) ~unting cabin subject to all building codes and permits. (3) ~ildlife management areas, plant and wildlife conservancles, refuges and sanctuaries. (4) Agricultural activities, such as field crops horticulture, fruit and nut production, fore~try, ranching, bee-keeping, poultry and egg production, milk production, animal breeding, raising, training, stabling or kenneling. (5) Aquaculture and mariculture. (6) Any use clearly intended as a measure for conservation. The applicant shall have the affirmative burden of establishing such intent. (7) ~olesale plant nurseries (8) On-site retail sales of farm products grown on the premises B. Permitted Accessory Uses and Stru=tures: (1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the District. (2) A mobile home or trailer, used in connection~ with the agricultural uses is permitted c.% a temporary basis only, not to exceed the duration of the agricultural use for which the mobile home is permitted or for three (3) years, whichever shall be the shorter, providing that a permit for such temporary use is obtained from the Director, and further 162 5 providing that the applicant is utilizi.ng, for.suck 9gricultural use a tract of ten (10) acres 'or more, except that part lying in public road right,-of-way. Such mobile homes or trailers shall not be located closer than one hundred (100) feet from 'any County highway line, two hundred (200) feet from :%l:y State highway right-of-%~ay, or five hundred (500) feet from any Federal highway right-or-%cay line. The mobile home must be removed at the terminati6n of the permitted period. (3) Mobile home or trailer as a temporary residence while permanent residence is being constructed. Upon issuance of a building permit for the construction of a permanent residence, the Director may issue a permit for temporary use of a mobile home or trailer while permanent residence is being built. The duration of such permit shall be determined by the Director but in no case may it exten~ beyond the expiration date of the building permit or the completion of the residence, whichever ~s the sooner. Prior to the issuance of a final certificate of occupancy, the mobile home or trailer must be removed from the premises. (4) Private boat houses and docks, with or without boat hoists, on canal or waterway lots, not protruding more.than five (5) feet into the canal or waterway, unless such canal or waterway has 'a width of one hundred (100) feet' or more, then the dock may protrude twenty (20) feet into such canal or wate~ay of such additional length as may be justified to the Director based on water depth, currenti, unusual.land contour or configuration or some other natural condition.. No boat or boat house may be used as a residence. Ail dock, regardless of length shall have rdflectors four (4"} inches minimum size installed at the outermost end, on both sides. C. Provisional Uses and Structures ~-~--~-~gas exp~d extraction and related processing and production (2) Earth Mining and related processing (3) Churches and places of worship (4) Private landing strips for general aviation (5) Set,mills, provided that no set,mill shall be located closer than 1,000 feet from any County, State or Federal property or highway right-of-wa~ (6) Cemeteries (7) Sport race tracks and arenas (8) Zoo, aquarium, aviary, botanical garden, or other similar uses. 3. Minimum Lot Area: A. Ail permitted or provisional uses unless othJ~~ wise specified: 5 acres 4. Minimum Yard Requirements A. Depth of Front Yard - 75 feet setback B. Depth of Side Yard - Ten percent of the width of the lot, not to exceed a maximum requirmen~ o~ 50 feet. 163 655 r^ [1381 setback. Depth of Rear Yard - Seventy-five (75) feet 5. Minimum Lot ~idth: ,Three hundred (300) feet as measured at the front yard setback line of principhl structure. 6. Minimum Floor Area of Principal Structure: A. Hunting-"Cabin - FoUr Hundred (400) Square feet. B. Single-Family Resident. es - Eight Hundred (800) square feet. 7. Maximum Height of Principal Structure: Thirty (30') feet abo~e'the finished ~rad'e;"exCept for accessory strucutres such as silos and windmills. 8. Signs: As permitted in section 20. 9. Non-Conformin~ Lots' of Record: Any lot or parcel which was recorded or £or "whi'ch an agreement for deed was executed prior to October 14, 1974(0RD 74-42 and ORD 75-24) and which lot or parcel does not meet the minimum width and lot area require- ments as a result of the passage of this Ordinance shall be con- ' sidered as a legal .non-conforming lo.t and shall be eligible for the issuance of a building permit provided all the other require-. ments of this Ordinance and the Florida Statutes are met. 164 Section 38. E - ESTATES DISTRICT 1. District Purpose: The provisions of this district are intended to apply to an a~ea of low density residences in a semirural to rural environment, permitting all necessary residenti~l activities and limited agricultural activities. 2. Permitted Uses and Structure~: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in.whole in part, for other than the following: A. .~rmttted Principal Uses A~d Structures: Single dwelling units which conform to the Collier County ~uilding Code. B. Permitted Accesory Uses and Structurcs: ~i) ACcess6ry Uses and structures'which are incidental to'and customarily associated with the uses per- mitted in the district. (2) Field crops raised for consumption of the people residing on the land. (3) Keeping of fowl or poultry not to exceed twenty-five (25) in total number provided such fowl or poultry are kept in an enclosure located thirty (30) feet or more from any lot line and at least one hundred (100) feet from any existing residence located in adjacent property. (4) Keeping of horses not to exceed one (1) per acre. Any roofed structure for the shelter and feeding of such animals shall be no l~ss than fifty (50) feet from any lot line or closer than one hundred (100) feet to any exist- ~ng residence located on adjacent property. No open feed lot storage for animals shall be permitted. C. Provisional Uses and Structures: The following uses may be permitted subject to the provisions of Section 14 of this ordinance: (1) Churches and other places of worship (2) Cemetaries. (3) Schools and colleges 3. Minumum Lot Area: Two and one-quarter (2%) acres 4. Maximum Lot Coverage: The combined area occupied by all build'~ngs and roOfed strUctures shall not exceed ten (10) percent of the area of the plot. 5. Minimthm Lot Line Dimension: One hundred fifty (150) feet as measured at the appropriate yard set back line. 6. Minimum Yard Requirements: 165 A. Depth of Front Yard' Setback - Seventy five (75) feet. B. Depth of Side Yard Setback - 10% of the width of the lot not to exceed a maximum requirement of 30 re'et. C. Depth of Rear Yard Setback - Seventy five (75) feet. 7. Minimum Floor Area Of Pri.ncipal Structures: A. One story residence - 1,000 square feet. B. Two story residence - 1,200 square feet. 8. Maximum Height Of Principal Structure~ Thirty (30) feet above grade. 9. ~l~ns~ As permi~ted in Section 14 of this ordinance. 10. Non-Conforming Lots of Record: Any lot or parcel which was recorded or f6'r"'~hich an agreement for deed was executed prior to October 14, 1974 (ORD 74-42 and ORD 75-24) and which lot or parcel does not meet the minimum width and lot area require- ments as a result of the passage of this Ordinance shall be con- sidered as a legal non-conforming lot and shall be eligible for the issuance 'of a building permit provided all the other requirements of this Ordinance and the Florida Statutes are met. 166 Section 39. ADrIII$ISTRATION AND ENFORCEMENT: GENERALLY, BUILDING PER~4ITS, CERTIFICATES OF OCCUPANCY, SITE AND DEVELOPI.IENT PLAN APPROVAL. 1. General. An administrative official to be known as the Director, d~signated by the Board shall administer and enforce the zoning ordinances. The Director is authorized to act through aides and assistants. In the performance of his duties, the Director may request the assistance of any appropriate officer or agency of the County. He shall investigate promptly complaints of violations, reporting his findings and actions to complainants, and shall use hi~ best endeavors to prevent violations or..~o detect and secure the correction of violations. If he finds tha~ any of the porvisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and order- ing the action necessary to correct it. He shall order the discontinuance of illegal use of land, buildings, or structures; removal or illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal use of land, buildings, or structures; re~oval of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by this zoning ordinance necessary to insure compliance with or to prevent violation of this ordinance. The Director sh~ll maintain written records of all official actions of his office with relation to adminis- tration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record. 2. .Zoning Action on Building Permits: The Director shall be responsible for determining whether applications for building permits as required by the building code of the County are in accord with the requirements of this zoning ordinance, and no building permit shall be issued without written certification that plans submitted conform to applicable zoning regu%ations. No building or structure shall be erected, moved, added to, or altered without a permit as required by the Collier County Building Code and no building permit shall be issued by the Director for the erection, moving, addition to, or alteration of any b6ilding or structure except in conformity with the provisions of this zoning ordinance, unless he shall receive a written order in the form of an administrative review from the Board of Zoning Appeals interpretation or variance as pro- vided by this zoning ordinance or unless he shall receive a written order from a court of competent jurisdiction. 167 655 3. Application for Buildin'g Permit. Ail applications for building permits shall'in addition to containing the information required by the Building Department, be accom- panied by plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be build upon; the exact sizes and locations on the lot of buildings already existing, if any; the exact size and location on the lot of th~ building or buildings to be erected or altered; the existing use of buildings on the lot, if any; the intended use of each building or buildings or parts thereof; the .number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by County regulations; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine compliance with and provide for the enforcement of this zoning ordinance. Where owner- ship or Property lines are in doubt, the Director may require the submission of a survey certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at time of commencement of construction. 4. Certificate of Occupancy. It shall be unlawful and a viola-~-~n of this ordinance to use or occupy,, or to permit the use or occupancg, of any building, premises, or both, or part thereof hereafter erected, created, changed, converted, or wholly or partly enlarged in its use or struc- turc until a certificate of occupancy has been issued by the Director stating that the proposed use of the structure or land conforms to the requirements of this zoning ordinance. No permit for erection, moving, alteration, or repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued In conformity with the provisions of this zoning ordinance upon completion of the work. 5. Temporary Certificate 6f Occupancy. A temporary certificat~e of occupancy may be issued b~ ~he Director for a period not exceeding slx (6) months during alterations or partial occupancy of a building pending its completion, provided such temporary certificate may include such condi- tions and safeguards as are necessary in the circumstances to protect the safety of building occupahts and the general public. 6. Ccrtificate of Occupancy! Records, Violations. The Director shall maintain ~ rec~q"ef all'certificates of occupancy, and a copy shall be furnished to any person upon request. Failure to obtain a certificate of occupancy as required by this =oning'.ordinance shall be a violation of this ordinance. 168 7. Construction arid Use to be as Provided in Applications; Status of Permit Issued in Error. Building permits or certificates of occupancy issued on the fnsis of plans and specification~ approved by the Director autho- rize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or.cons- truction different from that authorized shall be deemed a violation of this zoning' ordinance. Statements made by the applicant on the building permit application shall be deemed official statements. Approval of the application by the Director shall in no way exempt the applicant from strict observance of applicable provisions of this zoning ordinance and all other applicable regulations, ordinances, codes, and laws.. A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to cons- truction, but the County shall have the power to revoke such permit if actual construction has not commenced. 8. Site and Development Plan'Approval. A. Proced~r'e. Where, by the terms of this zoning ordinance, approval by the Planning Commission of a site and development plan is required prior to the isuuance of a building permit, such site and development plan shall be submitted to the Director. lie shall circulate the site and development plan for comment and criticism to all County officers or departments which may have a responsibility for some aspect of the site and development plan. The site and development plan shall be submitted by the Director, along with all pertinent comment and criticism by appropriate County officers or departmenus, to the Planning Commission for consideration by the Planning Commission and determi- nation by the Planning Commission as to whether or not the Director is to issue the building permit. No public notice and hearing is required for site and development plan consideration by the. Planning Commission, but such matters shall be handled in a public session, as a part of previously prepared agenda. All matters relating to Planning Commission consideration of site and develop- mentplans shall be a public record and approval shall require formal action of the Planning commission. Date as required by this zoning ordinance for site and development plan approval shall be submitted to the Director not less than fifteen (15) days prior to the public meeting of the Planning Commission at which the application for site and development plan approval is to be considered. The Planning Commission, upon recommendation of the Director. and a showing of justification by him, may delay consideration of the site and development plan application for not to exceed thirty (30)' days beyond the Planning Commission meeting 169 ~rF 655 for which the application was Lo have been originally considered. B. Contents. The site and development plan required to b~ submitted under Section 39.8(A) above and by the requirements of this zoning ordinance shall include the following elements, where applicable: (1} Statements of~owhership and control of the proposed development. (2) Statement describing in detail the character and intended use of the development. (3) General location map, s~owing relation of the site for which site and development plan approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. (4) A site plan containing the title of the project.and the names of the project planner and developer, date, and no=th arrow and, based on an exact survey of the property drawn to a scale of sufficient size to'show boundaries of the project, any existing streets, buildings, water courses, easements, and section line; exact location of all buildings and structures; access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; offstreet parking and offstreet loading areas; recreating facilities locations; all screens and buffers; refuse collection areas; and access to utilities and points of utilities hookups. .(5) Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses; ground coverage by structures; and impervious surface coverage. (6) Tabulations showing the derivation of numbers of offstreet parking and offstreet loading spaces shown in subparagraph (4) above; and total project density in dwelling units per acre. (7) If common facilities (such as recreation areas or structures, private streets, co~non open space, etc.) are to be provided for the development,.statements as to how such common facilities are to be provided and per- manently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, 'homeowners associations, surety arrangements, or other legal instru- ments providing adequate guarantee to the County that such common facilites will not become a future liability for the County. (~) Storm drainage and sanitary sewage plans. (9) Architectural definitions for types of buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type. (10) Plans for signs, if any. 170 655 ^ d.388 (11) Landscaping plan, including types, sizes, and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and maintenance. Location on the site of all existing trees protected by County regu- lations shall be shown. (12) Plans for recreation facilities, if any, including buildings for such use. (13) Such additionai data, maps, plans, or statements as may be required for the particular use or activity involved. (14) Such additional data as the applicant may believe is pertinent to the site and development plan. Items (3}, (4), (8), and (9) above shall be prepared by'a registered surveyor, engineer, or architect or practicing land planner as may be appropriate to.the particular item. C. ~laqnin~ Commission Action. In reaching a decision as to wh~ther the site and development plan as submitted shall be approved or approved with changes, with directions to the Director to issue b6ilding permits, or in reaching decision not to approve the site and development plan, the Planning Commission shall follow the procedure set out in Section 39.8(A) above and shall be guided in its decision and the'exercise of discretion to approve, approve wikh conditions, or to deny by the follow, lng standards, and the Planning Commission shall show in its record that each was considered where applicable and shall make findings in regards to each of the following standards which it finds to be applicable: (1) Sufficiency of Statements on ownership and control of the dev~l'Opment and sufficiency of conditions of ownership or control, use, and permanent maintenance of common open space, common facilities, or common lands to insure pre- servation of such lands and facilities will not become a future liability for the County. · (2) ' Density and/or Purpose of the proposed development with particular attention to'its relationship to adjacent and nearby properties and the effect thereon and relationship to the County's comprehensive plan. (3) Ingress and Eqress to the development and proposed structures thereon, with particul~r reference to automotive and pedestrian safety, separation of automotive traffic and pedestrian and other traffic, traffic flow and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catas- trophe, or emergency. (4) Location and Relationship of Offstreet Parkin~ and Offstreet Loading Faciliti~'s to thoroughfares and ' internal traffic patterns within the proposed development, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, 171 655 and screening and landscaping. (5) Sufficiency of Proposed Screens and Buffers to preserve internal and external harmony and compatibility with uses inside and outside the proposed development. (6) Manner of Drainage on the property, with particular reference to the effect of provisions for drain- age on adjacent and nearby properties and the consequences of such drainage on overall County capacities. (7) ~tllities, with reference to hook-in locations and availability and capacity for the uses'projected. (8) Recreation Facilities and Open Spaces, with attention to the s~Z%, 'l'ocation, and deVelOpment of the'areas as to adequacy, effect on pz/vacy of adjacent and nearby properties and uses within the proposed development, and relationship to community-wide open spaces and recreation facilities. (9) ~eQ. er.al Site Arrangement, .Amenities ~n~. convenience, with particular reference t° i~suring that ap- pearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be so at variance with other development in the area as to cause a substantial depreciation of pro- perty values. (10) Such Other Standards as may be imposed by this zoning ordina~ce for'the particular use or activity involved. D. Effect of Site and Development Plan Approva1. Upon approval' of a sire'and development plan, no bUilding permit or certificate of occupancy shall be issued except in strict conformity with the approved. Violation of the terms of the approved site and development plan is a violation of this zoning ordinance. 9. Zmpr0v,.men. t Of Prop,try Prohibited Prior to Issuance ' of Construction Permit. No site Work, grading,'imProv~ment bf property or construction of any type may be commenced eriOr to the issuance of a construction permit where the velopment proposed requires a construction permit under this zoning ordinance or other applicable County regulations. 10. Right of Entry. The Director shall enforce the provisions of this ordinance and he, or his duly authorized representative, may enter any building, structure, or pre- mises during official business hours of the County to per- form any duty imposed upon him by this ordinance. 172 5 655 1390, Section 40. PLANNING COMMISSION~ POWERS AND DUTIES UNDER ZONING ORDINANCE. 1. Generally. The Planning Commission, as created under Section 28-5 of the Collier County Code of Ordi- nances, (Sp. Acts. CH 67-1246, §5, Laws of Florida) shall have responsibilities, powers, and duties in relation to zoning as set out in this zoning ordinance and Chapter 67-1246 of the Laws of Florida in lieu of those powers enumerated by Chapter 163 Part II of the Florida Statutes. 173 ~00~ 5 655 d.391 Section 41. BOARD OF ZONING APPEALS: POWERS AND DUTIES. 1. Hearinqs~ Appeals; Notice. Appeals to th~ Board of Zoning Appeals, as established by*section 28-13 of the Collier County Code of Ordinances, concerning interpre- tation or administration of this zoning ordinance or for variance under this zoning ordinance may be taken by any person aggrieved or by any officer, agency, or bureau of the County affected by any decision, determination or re- quirement of the Director. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days or such lesser period as may be provided by the rules of the Board, by filing with the Director and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The Director shall forthwith transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed from was taken. The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give public notice as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agency or attorney. 2. Stay of Proceedings. An appeal ~.tays all. prok ceedings in furtherance of the action appealed from, un- less the Director from whom the appeal is taken certifies to. the Board of Zoning Appeals after the notice of appeal is filed with him that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent ~peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Director and on due cause shown. 3. Powers ~nd Duties. The Board of Zoning Appeals shall have the following powers and duties subject to the regulations prescribed: A. Administrative Review. To hear and decide appeals where it is alleged there"is error in any order, decision, or determination of the Director in the adminis- tration and enforcement of this zoning ordinance. B. Variances: Powers~ Conditions ~overning Petitions~ Procedures~ Limitations. To ~uthorize upon appeal from the decisiOn of the Director lm specific cases such variance from the terms of this zoning ordinance as will not be contrary to the p%~lic interest where, owing to spe- cial conditions peculiar to the property, a literal enforce- ment of this zoning ordinance would result in unnecessary * (Sp. Acts CH 67-1246 §13 Laws of Florida) 174 and undue hardship. A variance from the terms of this zoning ordinance shall not be granted unless and until: (1) Written Petition. A written petition for a variance is submitted by the applicant. (2) Notice of Public }{earing. Notice of public hearing is given at least fifteen (15) days in advance of the public hearing. The owner of the pro- perty for which variance is'sought, or his agent or attorney designated by him on his petition, shall be no- tified by mail. Notice of the public hearing shall be prominently posted on the property ~or which the variance is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the County at least one time fifteen (15) days prior to the hearing. (3) Public Hearing. The public hearing shall be held by the Board of Zoning Appeals. Any party may appear in person, or by agent or attorney. (4) Considerations. The Board of Zoning Appeals shall consider and be guided by the following standards in making a determination on any petition: (a) Special conditions and circumstances exist which are peculiar to theland, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; (b) The special conditions and circum- stances do not result from the actions of the applicant; (c) Literal interpretation of the pro- visions of this zoning ordinance would deprive the appli- cant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and would work unnecessary and undue hardship on the applicant; (d) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure; (e) Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, build- ings, or structures in the same zoning district; (f) The grant of the variance will be in harmony with the general intent and purpose of this zoning ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (5) Conditions and Safeguards. In granting any variance the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with these zoning regulations, including but not limited to, reasonable time limits within which the action for which variance is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall 175 655 M.393 be deemed a violation of this 'zoning ordinance. (6) Limitations on Power to Grant Variances. Under no circ~nstances shall the Board of Zoning Appeals grant a variance to permit a use not permitted under.the terms of this zoning ordinance in the zoning district in-. volved, or any use expressly or by implication prohibited by the terms of these regulations'in the said zoning dis- trict. No non-conforming use of neighboring lands, structures, or buildings in the same zoning district,.~nd no permitted use of lands, structures, or buildings in any other..district shall be considered grounds for the granting of a variance. No provisional use under this zoning ordinance shall be granted by the Board of Zoning Appeals. C. Special Authority of Board of ~oning Appeals,. in Relation to Certain Non-Conforming.Uses. If no structural alteration~ are made, any non-conforming use of a structure or of a structure and premises in combination, may be changed to another non-conforming use of the same character, or to a more restricted but non-conforming use, provided that the Board of Zoning Appeals shall find after public notice and hearing that the proposed use is equally or more appropriate to ttle district than the existing non- conforming use and that the relation of the structure to surrounding properties is such that adverse effects on oc- cupants and neighboring properties will not be greater than if the existing non-conforming use is continued. If perT mitring such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the intent and purpose of these zoning regulations. Petition under this subsection shall be to the Director for transmittal to the Board of Zoning Appeals. D. Board of Zoning Appeals Has Powers of Director on Appgals; Reve~s. ing Decision of DireCbor. In e~e~ciSing - ahY of the above mentioned poWers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this zoning ordinance, reverse or affirm, wholly or partly, or may modify the order requirement, decision, or determination appealed from and may make such order, ~equirement, decision, or determination as ought to be made, and to that end shall have the powers of th6 Director from .whom the appeal is taken. In matters of review, the concurring votes of a major- ity of all members of the Board of zoning Appeals shall be necessary to reverse any order, requirement, decision or determination of the Director,. or to decide in favor of the petitioner on any matter upon which it is required to pass under this zoning ordinance. 4. Appeals.from.Board of zoning..Appeal~ Decisions. Review of decisions of the ~'6'ard of Zoning ApPeals shall be as set out in section 28-18 of the Collier County Code or OrdinanceB ~ and applicable law of Florida. (Sp. Acts. 67-1246 ~18). 176 ~FF 655 Section 42. SCHEDU~.E OF FEES 'AND CHARGES The Board hereby establishes a schedule of fees and charges for matters pertaining to this zoning ordinance and allied matters. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications or petitions made under this zoning ordinance and that the fees and charaes represent the actual cost of required legal ~dve~tis{ng, ~ost~ge, clerical. filing, and other costs involved in the.processing of apolications and pet{tions. The schedule of fees and charges sh~il be posted Jn the office of the D~rector. The charges listed may be changed by re,olu~ion ~f the Board and.are not subject to the procedure for amendment of this ~oning ordinance set out in Section 48.. Applications or petitions initiated officially by Collier County by 'its duly authorized aoencies or ~fficers are exempt from the payment of the fees or charges herein set out. Until the applicable fees or charges have been paid in full. no action of any type or kind shall be taken on an application or petition. SCHEDULE OF FEES Amending the Comprehensive Plan $100.00 Rezone Petition 250.00 Provisional Use Petition 100.00 Tree Removal Petition first acre 5.00 each additional acre or part of additional acre of land 5.00 maximum 50.00 Temporary Use Permit Public Hearing 100.00 Staff Review 50.00 Appeal from an Administrative Decision 25.00 Variance 100.00 Alcoholic Beverage Petition 100.00 Review $5.00 per acre minimum 250.00* PUD Review $5.00 per acre minimum (includes rezone petition fee) 250.00* 177 655 ^ 1395 EIS Review ST Review Preliminary Subdivision Review Final Subdivision Review $5.00 per acre minimum First 100 lots, plus. $1.00 for each additiohal lot'. 100.00 100.00' 200.00 100.00 Modificaion of any development plan approved by Board of County Ccmmissioners Renewal of any development plan approved by Board of County Commissioners One half of petition re& for original approval One half of petition fee for original approval. Signs Class $25.00 F 5.OO 15.00 G 5.OO 10.00 H Equivalent to corres- 5.00 ponding class 5.00 I Equivalent to corres- ponding Publications, maps, reports,etc. As determined by the Director based on cost. Comprehensive Plan As determined by the Director based on cost Zoning Ordinance As determined by the Director based on cost. Official Zoning Atlas MaP Sheet $2.00 Official Land Use Map (1:2000) 5.00 /n-House Reports, Ets. As determined by the Director based on cost Xerox copies Per sheet $ .50 * Only one fee is required when Tree Removal Petition, EIS, "ST", DRI, and PUD Review is requested for same project review and public hearing. In such cased the fee shall be whichever is the greater. 178 .,..., 655 r c 1396 Section 43. PROVISIONS OF ZONING ORDINANCE DECLARED TO BF. MINIMUM OR MAXIMUM REQUIRE51ENTS: In their interpretation and application,, the pro- visions of this zoning ordinance shall be held to be minimum or maximum requirement,, as the c-se may be adopted for the promotion of .the public health, safety, and general welfare. Wherever the requirements of this zoning ordinance are at variance with the requirements of any other lawfully adopted statute, rule. regulation, ordinance, code, or restrictive covenant or deed, the most restrictive or that imposing the hi~her standards shall govern. 178-1 655 Section 44. PENALTIES FOR VIOLATION; RESORT TO 6THER REMEOIES. Violation of the provisions of this zoning ordinance or failure to comply with any of the requirements, in- cluding violations of conditions and safeguards es- tablished in connection with grants of variances or provisional uses, shall constitute a misdemeanor. Any person who violates this zoning ordinance or fails to comply with any of the requirements shall upon con- viction thereof be fined, or imprisoned, or both as provided by law and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architec%, building contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the County from taking such other lawful action, including, but not limited to, resort to equitable action, as is necessary to prevent or remedy any violation. 179 655 ~[~ Section 45. PROSECUTION UNDER PREVIOUS ZONING REGULATIONS. Any prosecution arising f~om a violation'of any prior zoning code, ordinance, or regulation of Collier County superseded by this zoning ordinance, which prosecution was pending at the effective date of this zoning ordinance, or any prosecution which may be begun within'one (1} year after the effective date of this zoning ordinance, in consequence of any violation. of any prior zoning code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of this zoning ordinance, shall be tried and determined exactly aa if such prior zoning code, ordinance, or regulation had not been superseded. 180 5 655 ^.i399 Section 46. SEPARABILITY CLAUSE. Should any section or provision of this zoning ordinance be declared by a court of competent jurisdiction to be unconstitutional or iTrvalid, such decision shall not affect the validity of this zoning ordinance as a whole, or any part thereof other than' the part so declared to be unconstitutional or invalid. 181 655 Section 47. EFFECTIVE DATE. This zoning ordinance shall take effect immediately upon receipt of acknowledgement that this ordinance has been filed with the Office of the Secretary of State of the State of Florida:. 182 Section 48. AMENDMENTS. This zoning ordinance, and the Official Zoning Atlas and the Official Schedule of District Regulations which are a part of this zoning ordinanca, may from time to time be amended, supplemented, changed or repealed. Procedures shall be as follows: 1. Initiation of Proposal~ ~oF Amendment. A zoning amendment may be proposed by: A. Board of County Commissioners; B. Planning Commission; C. Board of Zoning Appeals; D. Any other department or agency of the County; E. Any person other than those listed in A-D above; provided, however, that no person shall propose an amendment for the rezontng of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear on each application. Ail proposals for zoning amendments shall be con- sidered first by the Planning Commission in the manner herein set out. All proposals for zoning amendments shall be sub'- mitred in writing to the office of the Director, ac- companied by all pertinent information required by this zoning ordinance and which may be required by the Planning Commission for proper consideration of the matter, along with payment of such fees and charges as have been established by the Board. No application for zoning amendment shall be heard by the Planning Commission until such fees and charges have been paid. 2. Notice Generally. No request for amendment may be cshs~de~ed bY the' Planning Commission until such time as notice of a public hearing on the pro- posed amendment has been given to the citizens of the County by publication of a notice of.the hearing in a newspaper of general circulation in the County, at least fifteen (15) days in advance of the public hearing. 3. Notice Where Proposed Amendment Would Chan~e Zonin~ Classificatioh of Land. ' In addition,"in t~e- case of an application for the rezonin~ of land, a sign shall be posted on the land which is the subject of the hearing at least fifteen (15) days prior to the date of the public hearing by the Planning Commt~sion. 183 5 655 ml40g The sign'to be posted on said land shall measure at least one and a half (1~) square feet in area and shall contain substantially the following language: A PUBLIC HEARING CONCERNING THE REZONING OF THIS PROPERTY FROM TO WILL BE HELD BY THE PLANNING COMMISSION OF COLLIER COUNTY. CALL (phone number) FOR INFORMATION. The sign shall be erected~in full view of the public on each street side of the said land by the Director. Where the property for which rezoning is sought is landlocked, the sign or signs shall be erected on the nearest street right of way, with an attached notation indicating generally the distance and direction to the property for which rezoning is sought. Where large parcels of property are involved with street frontages extending over considerable distances, the Director shall erect as many signs on a street frontage as may be deemed adequate to inform the public. Notice of the time and place of the public hearing by the Planning Commission shall be sent at least fifteen (15) days in advance of the hearing by'mail to the owner of the subject property or his designated agent or attorney, if any. Notice of the time and place of the public hearing by the Planning Commission shall be sent at least fifteen (15) days in advance of the hearing by mail to ali. owners of property within three hundred (300) feet of the property lines of the land for which rezoning is sought; provided, however, that where the applicant is the owner of land not included in applicant's application and such land that is not included in the application is a part of or adjoins the parcel for which request for change in zoning classification is made, the three · hundred (300) foot requirement shall be measured from the boundaries of the applicant's ownership, includinq the land not covered by applicant's application. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier Couhty. 4. Planning.. Commission Healing and Report tO Board: Time Limlts. The planning Commission shall h61d a hearing on a proposed amendment within 120 days from the date the application for amendment is filed with the Director. Unless a longer time be mutually agreed upon by the Planning Commission and the Board, the Planning Commission shall file its recommendations 184 · 655 with the Board within eight. (8) days or, lacklng a quorum, within fifteen (15) days after the publ~o hearing before the Planning Commission. 5. N~ture and Requirements of Planning Commission Re__~rt. When per'raining to the rezoning o~ land~ the report and recommendations of the Planning Commission to the Board required in subsection 4 above shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: A. Whether the proposed chahge would be con- trary to the proposed land use plan and would have an adverse effect on the comprehensive plan; B. The existing land use pattgrn; C. The possible creation of an isolated dis- trict unrelated to adjacent and nearby districts; D. ~he population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc. E. ~hether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; F. Whether changed or changing conditions make the passage of the proposed amendment necessary; G. Whether the proposed change will adversely influence living conditions in the neighborhood; H. Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety; I. Whether the proposed change will create a drainage problem; J. Whether the proposed change will seriously reduce light and air to adjacent areas; K. Whether the proposed change will adversely affect property values in the adjacent area; L. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations; M. Whether the proposed change will consti'tute a grant of special privilege to an individual owner as contrasted with the public welfare; N. Whether there are substantial reasons why the property cannot be used in accord with exisin zoning; O. Whether the change suggested is out of scale with the needs of the neighborhood or the County; P. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 185 6. When pertaining to rezoning amendments of this zoning ordinance, the Planning Commission shall determine that adequate community facilities and services are available. To determine this, the Official Land Use Guide and/or the R'ating System shall be used. Residential Rezone Petition: A petition requesting a density within'the range set forth on the Official Land Use Guide shall be considered as having adequate community facilities and services. A petition requesting a density greater tha~ the rang~ set forth on the Official Land Use Guide shall be graded by all the portions of the rating system. Any petition receiving alcPOints shall be considered as having adequate community ilities and services and shall not be considered as leap frog growth. Commercial or Industrial Re~one P,titi~ns: A petition to rezone i~nd to ~om~er¢iaf 6~ ihdu~trial shall be graded to determine adequate community'facilities and services by the following' portions of the rating system: Water, sewer, streets and highways, drainage, environmental compatibility and fire. Any petition receiving 26 points shall be considered as having adequate community ~-~oilities and services. A Non-Commercial~ Non-Industrial{ Non-Residential Rezone Petition A petition to rezoHe la~'d to a use which iS non-commercia'~, non- industrial, and non-residential, such as a civic or fraternal club, may be granted a waiver for certain portions of the rating system by the Director. In granting such a waiver, the Director must enumerate the reasons why certain portions of the rating system are not applicable. The'enumeration should clearly show that the impact of the requested zone would not require the same exteWt or degree of facilities and services as would be normally required for any other rezone petition. 186 RATING SYSTEM FOR DETERMINING AVAILABILITY OF ADEQUATE EXISTING COMMUNITY FACILITIES AND SERVICES Water (2) (3; (4) (5) Sewer (2) (3) (4) (5) (6) Municipal or County System Franchised Systems and Special Districts under County Control Private Central System Private Well Other Municipal or County System or Private System with Plant and Collection System Dedicated to County Franchised Systems and Special Districts under County Control Private Systems with Collection Systems only Dedicated to the County Private System Acceptable Septic Systems Other 5 Points 4 Points 3 Points 1 Point 0 Points Points Points Points Points Point 0'Points 186. 1 655 r^c l ,06 Streets and Highways Proximity to Existing Arterial as Shown on Master Circulation Plan, Figure 8. (1) Direct Access (2) Within ½ Mile of Arterial via an Approved Connector (3) Within 1 Mile of Arterial (4) Over 1 Mile of Arterial Drainage (1) Approved by Water Management Advisory Board (2) Not approved by Water Management Advisory Board Environmental Compatibility (1) Approved 'by Environmental Advisory Council (2) Not Approved by Environmental Advisory Council Fire (1) Within Fire District and within 2 Miles of Firehouse (2) Within Fire District and between 2 and 3 Miles of Firehouse (3) Within Fire District and over 3 Miles of Firehouse (4) Other Existing Community Park*, or Recrea- tional Facility in Conjunction with Public Schools. (1) Within 1 Mile with bicycle path sidewalks *For Definition See Page 189 5 Points Points Point Points 5 Points 0 Points 5 Points 0 Points 5 Points 3 Point 1 Point 0 Points 3 Points 187 655 r 1407 Existing Community Park, or Recrea- tional Facility in Conjunction with Public Schools. (CCh't) (2) Within 1 Mile without bicycle path or sidewalks (3) From 1 to 2 Miles with bicycle path or sidewalk (4) Other Elementary School (1) Within 1 Mile of Existing School with Bicycle path or Sidewalk (2) Within 1 Mile of Existing school without bicycle path or sidewalk (3) Within 1 Mile of Existing School site with bicycle path or sidewalk (4) From 1 to 2 Miles of Existing School with Bicycle Path or Sidewalk (5) From 1 to 2 Miles of Existing School without Bicycle Path or Sidewalk (6) From 1 to 2 Miles of EXisting School Site with Bicycle Path or Sidewalk (7) Other Mosquito Control Adjacent to existing spray area (2) Within existing Mosquito District but not adjacent to existing spray area 2 Points i Point 0 Points 5 points 4 Points 3 Points 3 Points 2 Points 2 Points 0 Points 2 Points Point 188 655 The petitloner may provide all required existing community facilities and services for the requested rezone needs in any one of the following manners: (1).Petition for a rezone at such time as all required adequate existing'community facilities and services have been provided at public expense according to the Capital Improvement Plan, or, (2) Petition for a rezone at s~ch time as all required existing community facilities and services have been provided at the private expense of the petitioner, or, (3) Post a surety in lieu of completed improvements to guarantee that all of the required (existing} community facilities and services will be provided. (4) Other acceptable to BCC. RATING SYSTEM I~ITH RESPECT TO PLANNED.UNIT DEVELOPMENT (PUD) DISTRICT. In the case of an application for a rezone to a Planned Unit Development (PUD) District, the Planning Commission may recommend to the Board of County Commissioners waivers to the rating system requirements, if in their determination, such waivers will encourage a PUD development which is in acoordance with the policies and objectives of the Comprehensive Plan in all other respects. B. The need and Justification for the change; C. The relationship of the proposed amendment to the purposes and objectives of the County's comprehensive planning program and to the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of this zoning ordinance and other County codes, regulations, and actions designed to implement the Comprehensive Plan. *Community Parks: Size: 10 to 50 Acres (10 Acre Minimum). Standard: 2.5 Acres per 1,000 persons. Primary User Group: Above 12 Years. Normal Location: Adjacent to a school. User mode of transportation: "Bike-to", "Drive-to" park. Main Activity: Playground, ball fields, tennis courts, etc. 189 655 r^ 1409 7. Status of Planning Commission Report and Recommendations. The repor't ~nd recoa%~'endations of ~he Planning Commission required by subsections 4 . and 5 above shall be advisory only and shall not be binding upon the Board of County Commissioners. 8. Board~ Action on Planning Co~ission Re~ort. Upon receipt of the"P'lanning Commission's report and recommendations, the Board shall hold a second public hearing with notice to be given as set out in subsection 2 and 3 above. In the case of all proposed changes or amendments, if the recommendation of the Planning Commission is adverse to the proposal, such changes or amendments shall not be adopted except by the affirmative vote of three (3) members of the Board.. 9. Fa~lurc of Board to Act. If a Planning Commission recommen~ation is nob legislatively decided within ninety (90) days of the date of closing of the public hearing by the Board, the application upon which the report and recommendation is based shall be deemed to have been denied, providing the Board may refer the application.to the Planning Commission for further study. 10. Limitations on the Rezoning of Property. A. Except where the proposal for the rezoning of property involves an extension' of an existing district boundary, no change in the zoning classification of land shall be considered which involves less than .forty thousand (40,000) square feet of area and two hundred. (200) feet of street frontage. B. Whenever the Board has denied an application ' for the rezoning of property, the Planning Commission shall not thereafter: (1) Consider any further application for the same rezoning of any part or all of the same 'property for a period of twelve (12) months from the date of such action; (2) Consider an application for any other kind of rezoning or any part or all of the same property for a period of six (6) months from the date of such action. 11. Waiver of Time Limits. The time limits of sub- section 10,B above may be waived by three (3) affirmative votes of the Board when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County.. 190 5 c 25t Dated: .... Jun. ATTEST: MARGARET T, SCOTT ......,Clerk of Circuit Court ,...~,0,. ?/~ .:., ~ .,~,.y%~.... . ~ puty Clerk '~... ,~.~.._~ · ..<~ ..' ,.. , , .),{~,..,'~ .,..' .. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Appr~oved as tj~orm and legality: Collier County Attorney 191 ~00~ 5