Ordinance 75-24§i9 %1i91
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~ 00~ ORDINANCE NO. 75'?_~_~
AN ORDINANCE ENACTING AND ESTABLISIIINC~ COMPREH!
ZONING REGULATIONS FOR THE UNINCORPORA..TED AREA OF
THE COASTAL AREA PLANNING DISTRICT OF' COLLIER COUNTY,,
FLORIDA; DEFINI~G CERTAIN TER24S HEREIN USED; DIVIDING'
SUCII UNINCORPORATED AREA INTO DISTRICTS AND ESTAB-
LISHING THE BOUNDARIES THEREOF AND WITHIN SUCH DIS-
TRICTS REGULATING AND RESTRICTING THE ERECTION,
CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR
OR USE OF BUILDINGS, STRUCTURES, OR LAND OR WATER;
REGULATING AND RESTRICTING THE LOCATION, HEIGHT,
NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER
STRUCTURES; REGULATING AND RESTRICTING TIlE PERCEN-
TAGE OF LOTS T}L%T MAY BE OCCUPIED; REGULATING AND
RESTRICTING THE SIZE OF YARDS AND OTHER OPEN SPACES;
REGULATING AND RESTRICTT}IG TIlE DENSITY OF RESIDENTIAL
D?~ELLING UNITS; REGULATING A/{D RESTRICTING THE;LOCA-
TION AND USE OF BUILDINGS, STRUCTURES, AND LAND AND
~ATER FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE,
RECREATION, AND OTHER PURPOSES; PROVIDING FOR THE "%
ADMIUISTRATION, ENFORCEMENT, AND A/4ENDMENT OF THIS
ZONING ORDINA~NCE; SETTING OUT THE POWERS, RESPONSI-
BILITIES, ~/~D DUTIES OF TI~E PLANNING COMMISSION
UNDER THIS ORDINA/{CE~ SETTING OUT THE PO~ERS,
RESPONSIBILITIES, AND DUTIES OF THE BOARD OF ZONING
APPEALS UNDER THIS ORDIH~NCE; SETTING A SCILEDULE
OF FEES AND CHARGES U~DER THIS ORDINA/;CE; DECLAR-
ING THAT THE PROVISIONS OF THIS ORDINA};CE ARE
MINIMUM OR MAXIMUM REQUIRES~NTS AS TIlE CASE MAY
BE; SETTING PENALTIES FOR VIOLATION OF TIIIS ZONING
ORDINANCE AND AUTHORIZING RESORT TO OTHER REHEDIES
TO PREVENT OR ABATE VIOLATION; PROVIDING THAT. PRO-
SECUTIONS BEGUN UNDER PREVIOUSLY EFFECTI%~F~. ~NING
REGULATIONS MAY BE CONTINUED~ PROVIDING THAT THE
REGULATIONS SET OUT HEREIN SHALL SUPERSEDE ANY AND
ALI, PREVIOUS REGULATIONS, RESOLUTIONS, OR ORDINal_ES
APPLICABLE TO THE D/.;INCORPORATED AREA OF THE CO_~AL
AREA PLANNING DISTRICT,' REPEALING ALL ORDINANCE~N ---'
CONFLICT HEREWITH: PROVIDING FOR SEPARABILITY; ~4~_ ~ ~--
TING mN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~
WHEREAS Article VIII, Section l(f) of the Const~/-
tion of Florida confers on counties broad ordinance ~"
making power when not inconsistent with general or special
law; ~ REC~RD~
/OFFICIAL :%£CORO l~OOR
, : r -,;'' :(:'~'HNR~ARETT'SCOTT
*, "<', ~ .~::''' """;~RK OF CIRCUIT COURT
AND WHEREAS, Chapter 125.01, Florida Statutes,
confers on all counties in Florida general powers of
government, including the ordinance making.power and
the power to plan and regulate the use of land and water;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO~SMISSIONERS OF COLLIER COUNTY, FLORIDA:
The zoning regulations for the unincokporated area
of the Coastal Area Planning District of Collier County
Florida, adopted October 8, 1968, a~ amended, and any or
all zoning regulations in effect in the said area on the
day prior to the effective date of %his Ordinance are hereby
repealed insofar as they apply to the said unincorporated
area of the Coastal Area Planning District, and the follow-
ing language is substituted therefor; ~
Section 1. SHORT TITLE:
This Ordinance shall be known as cited as the
"Collier County Zoning Ordinance for the Coastal Area
Planning District."
Section 2. INTENT AND PURPOSEs
1. It is the intent and purpose of this Ordinance
to establish and adopt comprehensive zoning regulations
governing the use of land and waters in the Coastal Area
Planning District of Collier County. The regulations
set out are based on a comprehensive plan for future
development of the area, and are enacted to protect,
promote, and improve the public health, safety, comfort,
order, appearance, convenience, morals and general welfare
of the residents of the area and of the County.
2. It is intended by this Ordinance to accomplish
and to provide for efficiency and economy in the process
of future development and redevelopment; appropriate use
of land; preservation, protection, conservation, and
development of the natural resources of land, water and
air; convenience in circulation of traffic for the trans-
port of people, goods, and commodities, protection of
persons and property in floodways and flood plains;
healthful and convenient distribution of population;
adequate and continuously maintained public facilities
and utilities; promotion of amenities, both public and
private, to maintain and improve the quality of life
for all residents; and development in accord with the
comprehensive plan.
Section 3. DEFINITIONS:
1. General: For the purpose of this zoning ordinancew
certain terms or words used herein shall be interpreted as~
follows:
A. The word person 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, designed, or' ar~ange~ to be used or occupied.
E. The word lot inClUdes the Word~ plo{, par6el,
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 construction or erection on the ground.
G. The word lan___~dincludesthe words water, m~rs~,
or swamp.
H. Terms not defined shall have the meaning cus-
tomarily assigned to them.
Abutting Properties= Abutting prope=ties are
properties having a boundary-line or a portion of a boundary
line in common with no intervening p~blio street.
Acceptable Environmental Alteration: An ac-
ceptable environmental alteration 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 ~mpact of a proposed environmental
alteration upon environmental quality.'
Accessory use 'or'Structure: An accessory use or
structure is a use or structure of a nature customarily in-
cidental and subordinate to the principal use or structure
and, u~less otherwise provided, on the same premises. On
the same premises with respect to accessory uses and struc-
tures shall be construed as meaning on the same lot or on a
contiguous lot in the same ownership.
Acre: An acre is an area containing 43,560
square feet of 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 £s the total
area of a lot or parce.1 measured within the perimeter
boundaries of the lot or parcel but with the area of roads
and canals right-of-way excluded.
= An alley is a public or approved private
way which af only a secondary means of access to abutting
property and which is not intended for gen~al traffic
circulation.
Alteration= Alter or alteration means any
change in size, sh'ape,' occupancy, character, or use of a
building or structure.
Area of Environmental Sensitivity= An area of
environmental ~'e'~si~i~ity is'an area' 8'f iand 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 Parking Space: See Park-
ing Space, Offstreet.
!
Automobile Service Station: 21 automobile
service station is an 6stablishment whose principal business
ts the retail dispensing of automobile fuels and oil.
Automobile Wreckinq or Automobile Wrecking Yard:
The term automobile wre'cktng ~r an automobile wrecking
yard shall mean the dismantlin.~,.crushing, shredding, or
disa~sembling of used motor veh.xcles or trailers, or the
storage, sales, or dumping of dismantled, partially dis-
mantled, obsole%e, or wrecked vehicles or their parts.
Bar~ Cocktail Lounqe~ or Saloon= A bar, cock-
tail lounge, or saloon ks 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 House: A board~n~ house is an esta-
blishment with lodgihg 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~ith 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
wa te rcours e.
Board: Board means the Board of County Com-
missioners of Collier County, Florida.
Boathouse ~....Private ~ k private boathouse is an
accessory use to a residential' 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 kuman habitation.
Boathouse~ Commercialt A commercial boathouse
is a building Where, for a' 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 ere 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 space,
unenclosed or enclosed dry storage space, marinm ra;.lways,
or lifting or launching devices.
Building: 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 includ~ screened
enclosures not having a roof impervious to weather.
Buildable Area~ Buildable area means the portion
of a lot or parcel "re~aining 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. * .. ,
the curb lev~'l, or its equivale~t,'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 ra~ters between the eaves and the ridge of a
gable,, hip or,~gambrel, roof.~i ~,Where. no curb level has been
established, the height of'the building may be measured from
the mean elevation of the finished lot grade at the front
of the building.
Buildinq~ Frontage of a: Frontage of a build-
ing is that Side of a building the6 faces toward the princi-
pal road, street, highway, or public way serving the building.
In cases where this test is indeterminate 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 building lane is khe inner-
most edge of any requi~ed yard or setback, as %he case may
he. 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 maximum of 18 inches
into any required yard.
Building Site: A building site is the lot or
portion of a lot or lots used for a structure, the total
area of which site is ascribed to %he building or structure
for compliance with this zoning ordinance.
Cafeteria: See Restaurant.
Carportz 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 ground to the roof on at least two sides, and de-
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 tenants
or proprietors unless accompanied by a change in the 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 House of Worship.
County: County means the County of Collier, Florida.
Clinic, Medical or Dental: A medical or den-
tal clinic is an e'S%abli~hment whe~e'~uman 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 uro-
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.
Ail other clinics are private clinics.
Club¢ Private: Private club means and includes
those associations 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~ Ni9ht~. 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 a part
of the commercial enterpris%.
Cjuster Housing: Cjuster housing consists of
two (2) or more 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 Plan~ing D~strict~ The Coastal
Area Planning.District, to ~lCh thIs ~ning ordinance
applies, includes the following areas of the County as
presently constituted: ·
County Commissioner District Number 1.
County Commissioner DiStrict Number 2.
County Commissi~ner District Number 3.
County Commissioner District Number 4.
Commercial Fishery= A commercial fishery is
a premises, ~ructure, or site.used as commercial esta-
blishment for the receiving, processing, packaging, storage,
and wholesale or retail distribution and sale of food pro-
ducts of the sea. Such a premises, structure, or site
may include facilities for the docking, loading and unload-
ing, 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.
Completely Enclosed Building= A completely
enclosed building is a bui"ldi~g separated on all sides from
adjacent open space, 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 ProDerty= See Abutting Property.
Construction~ Actual~ Actual construction in-
cludes the pkacin~ of'"'construu~fon materials in permanent
position and fastened in a permanent manner; except that
where d~molition, excavation, or removal of an existing
structure has been sub.~tantially 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.
C_~o..~erage of.a Lot by Buildings: The coverage
of a lot by buildings is that percentage of.lot 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, on 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 fur-
niture. An interior court is a court enclosed on all sides
by the wal3~ of a building or by walls and lot lines on
which walls are permitted. An exterior court is a court
opening on any front, side, or rear yard.
Day Nursery: See Child Care Center.
Densit~ Gross..Reside.ntia.~: Gross residential
density means the number of residential dwelling units per-
mitred per gross acre of land by this zoning ordinance.
In the determination 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 addi-
tional dwelling unit (or a fractional %unit of greater than
fifty percent (50%) shall entitle the applicant to an addi-
tional dwelling unit).
Densi~y~ Net Residentialt Net. residential
density means the n~nber'"6f reside~tial dwelling units per-
mitted per net acre of land by this zoning ordinance. In
the determ/nation of the nLhmber 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 (or, a fractional unit of greater
than fifty percent (50%) shall entitle the applicant to
an additional dwelling unit).
.Depth of a Lot: Seo Lot Measurement, Depth.
Directorz Director is the Director of the De-
partment of Community Development of Collier County, Flor-
ida. The Director is charged with the administration of
this zoning ordinance.
Drive-In Restaurant or Refreshment Stand: A
drive-in restaurant or ~f~e6hme'nt'stand is' any place or
premises where provision is made on the premises for the
selling, dispensing, or serving Of food, refreshments, or
beverages in automobiles and/or in other than a completely
enclosed building on the premises, including those esta-
blishments 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 pro-
vides drive-in facilities of any kind in connection with
regular restaurant activities shall be deemed a drive-in
restaurant for purposes of these zoning regulations. A
barbecue stand or pit having the characteFistics noted in
this definition shall be deemed a drive-in restaurant.
Drive-In Bank (or Financial Institution): A
drive-in bank or'financiai i'n~=itut~on provides drive-in
? ,.
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I
8:19
teller service, where the patron makes withdrawals or
deposits or receives other financial services without
departing from hi~ 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 the audiences to view the performance
from.vehicles parked within the theatre enclosure.
Drive-In Business: A drive-in business is an
establishment, other than a drive-in restaurant or refresh-
ment stand, a drive-in bank or financial institution, or
drive-in theatre, where a patron is provided products or
services without departing from his automotive vehicle.
Dwelling, Generally: Dwelling, generally,
means any bu~'ldin~' or'pa~t thereof, occupied in whole or
in part, as tho residence or living quarters of one or more
persons, permanently or temporarily, continuously or tran-
siently, with cooking and sanitary facilities.
Dwelling, One Family or Single Family: A one
family or single family d~eilin~ 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, house-
boats, or other forms of temporary or portable housing. .
Dwelling, Multiply Family= A multiple family
dwelling is ~ 'bu~iding c°~t~ining twO (2) or more dwelling
units.
Dwelling, Multiple Dwelling Use: For purposes
of determini~q whether a lOt is in multiple dwelling use,
the following considerations shall apply=
a. Multiple dwellin~ uses may involve dwellin~ units
intended to be rented and maintained under central ownership
and management or cooperative.apartments, condominiums,
and the like.
b. Where an undivided lot contains more than one
building and the buildings are not so located that lots and
yards conforming to requirements for single or multiple
family dwellings .in the distric~ could be provided, the lot
shall be considered to be in multiple dwelling use if there
are two (2) or more dwelling units on 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 computation of (b) above.
d. Any multiple dwelling in which dwelling
units are available for rental for periods of less than one
week shall be considered a tourist home, a motel, motor
hotel, or hotel as the case may be.
Dwelling Unit~ A dwelling unit is a room or
rooms connected together'. constituting a separate, indepen-
dent housekeeping establishment for a family, for owner
occuRancy 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...Q.uality~ Env£r~nmental quality
is the character or degree of excellence or degradation in
the total essential natural resources of the area 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. Excava-
tion 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 marri~g~, 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 term family shall not
be construed to mean a fraternity, sorority, club, monastery
or convent, or institutional group.
Fi%ling Stations 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 within a
building having a roof impervious to weather and accessible
from the interior of the building, which is within a completely
enclosed building. For purposes of this ordinance, attics
with a headroom of less 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 finished and
graded level of the adjacent portion of the lot, garages,
porches, patios, carports, unenclosed stairs or fire
escapes, elevator structures, =ooling towers, and parking
structures are not to be considered as floor area.
~ronta~.e..gf a Bui!din~I see Building Frontage.
FroDtage of a Lot: See Lot Frontage.
Garage, Parking: A parking garage is a building
or portion thereof designed or used for temporary parking
of motor vehicles, and within which gasoline and oils may
be sold only to parking patrons of the garage.
Gara~e~..Private: A private garage is an acces-
sory structure designed or used for inside parking of pri-
vate passenger vehicles, recreation vehicles, 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 garage is to be considered as an accessory
building. There can be no publio shop or mechanical service
in connection with a private garage.
Garage, Repair~ A repair garage is a building
or portion thereof, oth'er than a private, storage, or
parking garage or automobile service station, designed or
used for repairing, equipping, or servicing of motor ve-
hicles. Such garages may also be used for hiring, renting,
storing, or selling of motor vehicles.
Garage, Storaqe~ A storage garage is a building
or portion tHereOf designed and used exclusively for the
storage of motor vehicles or boats, and within which tem-
porary parking may also be permitted.
Grade~ See Building, Height of a.
Height of a Buildinq: See Building, Height of a.
Home for the Age~ A home for the aged is a
facility for the care of the aged with routine nursing and/or
medical care and supervision provided. A home for the aged
is in the nature of a nursing home, but Nith clientele
restricted to the aged. -'
Hospital: A hospital is a building or group of
buildings ha%lng facilities for overnight care of.one or
more human patients, providing services to in-patients
and medical care to the sick and injured, and which may in-
clude as related facilities laboratories, out-patient
services, training facilities, central service facili~ies
and staff facilities,; provided, however, that any related
facility shall be incidental and subordinate to principal
hospital use and operation. A hospital is an institu-
tional use under these zoning regulations.
Hospital~ Veterinary General= A veterinary
general hospital is any S~66ture or premises used primarily
and essentially for the medical and surgical care of ill,
injured, or disabled animals other than humans. '
Hospita.~,..Veterinary, Small Animals: A veteri-
nary small animal hospital is any structure or premises
used primarily and essentially for the medical and surgical
care of ill, disabled, o~ injured animals (other than humans)
of no greater size than the larger breeds of dogs.
}{otelt Motelt Boatp. 1t Motor Hotel, Motor Lodge,
Tourist Court: The terms hotel, motel, hostel, motor hotel,
motor lodge, tourist court, are to be considered synonomous
and to mean a building or a group of buildings in which
sleep-accommodations are offered to the public and intended
primarily for rental to transients with daily charge, as
distinguished from multiple family dwellings (apartments)
and rooming or boarding houses, where rentals are for periods
of a week or longer and occupancy is generally by residents
rather than transients. Where more than twenty five (25%)
of the units in a hotel, motel, motor hotel, hostel, 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.
Hotel or Motel Units A hotel or motel unit is
a unit designed for trans'i~nt occupancy and utilized for
rental purposes only. 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 %init may have
cooking or eating facilities, but the nL%mber of such hotel
or motel units in a hotel or motel shall be limited as
stated in the definition of "hotel, etc." A motel or
hotel unit shall contain bathing and sanitary facilities.
Interior swinging or sliding doors may be installed on closets
and sanitary facilities in a hotel or motel unit, but there
shall be no other doors other than those for entrance 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 Worships A house of worship is a build-
ing used as a Place 6f""wors~ip 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'junk, waste, 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 l~mber and
building material yards, hous.ewrecking 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 shall not include 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 indi-
dent to manufacturing activity on the same site where such
processing occurs.
Kenneling: Kenneling is the keeping of any dog
or dogs, regardless of number, for the primary purpose of sal,,
breeding, boarding, or treatment, except in a general veteri-
nary or small animal veterinary hospital, or the keeping of more
than three (3) dogs, six (6) months or older, on premises used
for residential purposes, or the. keeping of more than two (2)
dogs on property used for industrial or commercial purposes.
Landscaped Areas An area which may be modified from
its natural state and scenery to contain or include trees,
shrubs and hedges, ground covers, lawn grass, vines, and other
vegetative specimens so arranged as to give an aesthetic effect.
.Loading Space., Offstreet~ An offstreet loading space
is a space logically and conVeniently located for pickups and/or
deliveries or for loading and/or ~nloading, scaled to delivery
vehicles expected to be used and accessible to such vehicles
when required offstreet parking spaces are filled. (see Sec. 18.16)
Loading and Unloadin~ Space: 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 lot
is a parcel oTland of at least sufficient size to meet minimum
requirements of the zoning district in which it is located, for
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 date of these zon-
ing regulations or their amendment 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:
619 ,, d2C5
a. A single. ~ot.of rpcord;
b. 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 described 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 these zoning regulations.
Lot Frontage: The ~ront 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).
Lot Measur. ementt Dep..th: Depth' of a lot is con-
sidered to bu 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.
Not Measurement~ Width: Width of a lot shall
be considered to be t~'e distance between 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 between side lot lines at their foremost
points (where they intersect with the street line) 8hall not
be less than eight (80%) percent of the required lot width
except in the case of lots on the turning circle of a cul-
de-sac, where the eighty (80%) percent requirement shall not
apply.
Lot of Record~ A lo~ of record is (1) a
which is part 0f'a'"subdi~ision 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 Types: The following is the
terminology %sed 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 mor~ 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
(. I (
Iii[ 6:1.9
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 than a
corner lot with frontage on more than one street. Through
lots abutting tQo streets may be referred to as double
frontage lots.
D = reversed 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 location for the refueling of watercraft used
for recreational and non-commercial purposes, and providing
minor repair services for such craft not necessitating
the removal of watercraft from the water or removal of
inboard or outboard engine from ~he watercraft. A marina
may provide uncovered or covere~ storage and dry storage.
A marina may include, as accessory uses, a restaurant or
snack bar, laundry or sanitary'facilities, motel or boatel,
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~ drodge, barge, or
other work dockage or service of any but recreational
and non-commercial watercraft.
Mobile Home= A mobile home is a detached single
family dwelling ~it w£th all of the following character-
istics: (a) designed for long ter~ 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 highways 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 ~ncidental t~npacking 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 hom~ 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 ho~e park.
Mobile Home Subdivision= A mobile home
subdivision Is 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 facilit~es used by the occupants
of the mobile home subdivision.
Mobile Home Site~ A mobile home site is a lot
or parcel of land Wfthin a mobile home park or a mobile
homo 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 Homes A modular home is a dwelling unit,
constructed as a ~otal entity, 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 ~nless
its maker's name appears on the approved listing of such
construction of the State of Florida. (This listing is
available in tho Collier County Building Department).
Motelz See Hotel, etc.
Night Club~ See Club, Night.
Non-Confgrming .Lot,. Structurg~_.pse of Lpnd~ ..Use
of Land and Structurer CharacteriStics of User etc.; See
Section '15.
Nursery School~ See Child Care Center.
Nursinq Home or Extended Care Facilit~: A
nursing home or extended care facility is 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 ~dertakes through its own-
ership or management to provide for a period exceeding
twenty four (24) hours, maintenance, pers6nal 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 ~nable to care for
themselves; provided, that this definition shall include homes
offering services for less than three (3) persons where the
18
, . ( I c I
homes are held out to 'the public to be establishments which
regularly provide nursing and custodial services. (See also
Home for the Aged).
Occ'upied: The word occupied includes arranged,
designed, bullt, altered, converted to , or intended to
be used or occupied.
Office, Business: A business office is an
office for such activities 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~ ~r0fession..a%~ A professional office is
an office fo? 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.
gpen Space~ Usable: Usable open space is that
portion of a lot or parcel whi'ch can be used by the in-
habitants of the property for outdoor living, active or
passive activity, and/or recreation.
Pa6kage Store: A package store is a place
where alcoholic beverages a~e dispensed or sold in containers
for consumption off the premises.
Parking Area-Off-Street: 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 of 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.
Porch: A porch is a roofed-over space, with the
roof impervious 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
unroofed projection from the outside wall of a building,
without any form of enclosure other than open mesh screening.
Private Club: See club, Private.
Provisional Uses A pr6visional use is a use that
would not be appropriate generally or without restriction
throughout a particular Zoning district or classification,
but which if controlled as to number, area, location, or rela-
tion to the neighborhood, would promote the public health,
safety, welfare, morals, order, comfort, convenience, appear-
~nce, prosperity or the general welfare. Such usgs may be
permissible in a zoning district or classification as pro-
visional uses, if specific provision for s'uch provisional use
~s made in this zoning ordinance. (For procedure in securing
provisional uses, see Section 14)
Public_Resource~ Land, air, water and wildlife
which is part of the public domain or which is within the realm
embracing inherent rights that belong to the community at
large and in which the community shares the rights and bene-
fits of such resource.
Restaurants A restaurant is an establishment
where food is orderad 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 this zoning
ordinance. (See also definition of Drive-In Restaurant).
Servant's Quarterss 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 accessory 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 StatJ. on~ See Automobile Service Station.
Setback Lines A setback line is a line marking
the minimum ~istance 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
Shoreline: On tidal 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 are construed as lying.landward of the
shoreline and are construed as upland when computing the lot
area of the waterfront property.
SigB: See Section 20.4 for definition of Sign
and definitions of the various types of signs.
Story: A story is that portion of a building in-
cluded between a floor which is calculated as a part of
bui~ding's floor area and the floor or roof next above it.
Street: A street is a public or approved private
thoroughfare which 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
walls or separated by not more than one inch from another
townhouse.
Trailer~ Boat: A boat trailer is a wheeled con-
veyance drawn by other motive power for the transportation
of a single boat.
Trailer~ Camping Or Pop-Out: A camping trailer
is a wheeled conveyance drawn by other motive power designed
for travel, recreation, and vacation use and which is made
up of elements which fol~into a compact assembly for travel.
Trailer~ Morse: 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, Luggage 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.
Trailer~ Travel: A travel trailer is a vehicular,
portable structure built 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 provided 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 Stop: 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 and 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 utilized 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 land, water surface, and land under
water in tho Coastal Area Planning District to the extent
covered by zoning districts, and over which the County
has jurisdiction.
Variance: A variance is a relaxation of the terms
of this zoning ordinance where such variance will not be con-
trary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of this zoning ordi-
nance would result in unnecessary and undue hardship on the
land. A variance is authorized only for height, area, and
size of structure or size of yards and open spaces. Es-
tablishment or e~pansion 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.
yardi. Generally: A yard, generally, is a required
open space, other th~n a 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
accessories, ornaments, statuary and furniture may be permitted
in any yard subject to height limitations and requirements
limiting obstructions'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 ~ront of a lot adjoining
a street.
In the case of 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 keeping 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. Th~s provision applies in all residential districts.
Yardr Side: A side yard is a y~rd extending
from the interior (re~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 lo~ ~ine 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.
Yard~ Rear: A rear yard is a yard extending
across the rear. of 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 is a strip
of the minimum width required by district regulations with
its inner edge parallel with the rear lot line.
Yard, Special: 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 eloewhere 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 s~me 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.
~ard~ Waterfront~ A water front yard is a yard
required on water front property 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 waterfront yard except Yard, Gulf shall be treated as
a rear yard.
Section 4. ESTABLISHMENT OF ZONING DISTRICTS: PROVISION
FOR OFFICIAL ZONING ATLAS.
1. Establishment of Districts. The unincorporated
land and water area of th~ Coastal Area Planning District
of Collier County is hereby divided into districts or zones
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 adopted
by reference and declared to be a ~art of this zoning
ordinance.
2. Official Zoning Atlas.
)%. Each page 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 shall bear the seal of the
County of Collier under the following words~ "This is
to certify that this is page. of the Official
Zoning Atlas referred to and adopted by reference by
Ordinance No. of the County of Collier, Florida,
adopted , 197 ."
B. The"boundaries 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 designa~e each dl~brict.
th3'e Changes in District Boundaries. If, in accordance
with
provisions of this ~.oning ordinance and
applicable provisions of Florida law, changes are made
in district boundaries or other matter portrayed on the
Official Zoning Atlas, such changes shall be entered
promptly on the Official Zoning Atlas after the
amendment has been approved by the Board of County
Commissioners, with an entry on the appropriate page of
the official zoning Atlas as follows~ "On
by Ordinance No. of the County ~f Collier, the
following changes were made in the Official 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. ~U_nauthorized Chan~es./rohib~%ed. No changes of
any nat~"..:~ shall be mad6 i~ the Official Zoning Atlas or
any matter shown thereon except i~~ c~n~ormity with the
procedures set out in thi£ zoning ordinance. Any
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
~is zoning Ordinance.
5. Final Authority as to Zoning. Regardless of the
existence of purported copies of all or part of the
Official Zoning Atlas which may from time to time be ma~e
or published, the Official Zoning Atlas, which 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 Zonina Maps or Atlases. All
zoning maps or atlases, or remainin.~ portions 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 adoDtion of
this zoning ordinance shall be retained as a public
record and as a guide to the zoning status of lan~s 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. Replacement of Official Zonin.q Atlas. If the
Official Zoning Atlas, or any page or ~orti0~' thereof,
becomes damaged, lost, destroyed, or difficult to
interpret by reason of the nature or number of changes,
the Board of County Commissioners may by resolution adoDt
a new Official Zoning Atlas, o~ any page
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 pa~e or pages ~ereof, but
no such correction shall have ~e effect of ~nd~n~ ~e
original Offic~l'Zon~ng Atlas, o~ pa~e or Dages ~he~of.
Zoning Atlas, or any page or pages ~ereof,
boundaries are changed or altered, then action ~n re~ard
to such change of district boundaries shall be taken
only on the fo~ of an amen~ent to this zoning ordinance.
The new Official Zoning Atlas, 'or page or pages there-
of, shall be authenticated as for the oricinal~ with
~rding to the following effect= "Th~s is to certify
~at this Official Zoning Atlas (or page or Daces thereof)
by Resolution No. dated ,
replaced the Official Zonih~ Atlas ('o~ page or paqes
thereof) adopted as part of Ordinance
No. 6f'"the County o~. collier, Florida."
Unless the prior Official Zoning Atlas has been
lost, or has been totally destroyed, ~he prior Atlas or
any significant parts thereof rema~n~n~ shall be
preserved as a public record, together with all
available records pertaining to its adoption or
amendment.
} ) ,
Section 5.
RULES FOR INTERPRETATION O~ DISTRICT
BOUNDARIES.
1. District Regulations. Extend to all Portions of
D.istricts Surrounded__by BoUndaries. Except as otherWise
specifically Provi~ed~ di's"~'~'ct symbols or names shown
within district boundaries on the Official Zoning 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 the boundaries
of districts as shown on the Officia~ zoning Atlas, the
following rules shall
A. Boundaries indicated as approximately
following the centerlin~s of dedicated Streets, hiahways,
Aileys, 6r ri'ghts of'"way shall be constrUed as f01~owtn~
such centerlines as the~ 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 interpreted 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
~an at the center, in which case the boundary shall be
construed as moving with the ownership.
B. Boundaries indicated as approximately
following lot=lines~'Publi6 p~°perty lines{ a~d the like
Shall be Construed as fOlloWing such lineS; provided,
however, that where such boundaries are adjacent to a
dedicated street, alley, highway, or right of way and
the zoning status of the street, highway, 911ey, or right
of way is not indicated, the boundaries shall be construed
as running to the middle of the street, highway, alley,
or right of way. In the event of Street vacation,
interpretation shall b~ as provided in Section 5.2(A) above.
C. ~oundaries indicated as approximatel~
following Cit~' or c6unty limits shall ~e-cons{rued as
foilowing such 'Cit~ or county l'imits.
D. Boundaries indicated as followinq railroad
tracks shall ~e C°nstr~e'd-aS'~i~q mid~ay.bet~een
main tracks.
E. Boundaries indicated as following shorelines
or centerlines or streams, Can'als{ l~kes{ or other h~'dies
of water s]{all be 'construe~ as f611'owing such sh0r~lines
or cen~rlines. In case of a change An shoreline, or
the cours~ or extent of bodies of water, the boundaries
r
619 , c 1218
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 entertn~ any body
of water but not continuing to intersection with
other zoning boundaries or with the limits of Jurisdiction
of the County shall be construed as extending in the direction
in which they enter the body of w~ter to intersection
with other zoning boundaries or with the limits of
County Jurisdiction.
G. Boundaries indicated as follow~nq
physical or cultural featur~s' Oth'~r than those listed
above shall be construed as following such 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 parallel to or
extensions of' featUrg.~ tndi6ated ~'n Sub'-Para~r'aph (a)
through (g) above shall be construed as being parallel
to or extensions of such feature.
I. Distances not....specif~cally indicate~ on the
Official Zonihg' 'Atlas shall be determined by the scale
of the map on the page of the Atlas showing the property
in question.
3. Cases not covered by Section 5.2 above. In cases
not covered by SectiOn "5.2 above, or Where the property
or street layout existing on the ground is at variance
with that sho~ 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 Recgrd by...a District
Boundary. Where a district boundary divides a'16~ of
record at the time the boundary was established, and
where the division makes impractical the reasonable use
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.
)
Section 6. APPLICATION OF DISTRICT KEGULATIONS.
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 Oc_cupancy. No building,
structure, land, or water 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
conformity with the regulations herein specified for
the district in which it is located.
2. zoninq Affects Heiqht of Structures, Population
Density, Lot Coverage,...Yar.ds~ and Open Spaces. No building
or struC[ure Shall hereafter be erected or altered in any
manner contrary to the provisions of this zoning ordinance,
and especiallyz
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 lot; /
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 Use of Required Open Space Prohibited.
No part of a required'Yard 6r'o~her required open space,
or required off-street parking or off-street loading
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 the effective' date of this zoning
ordinance shall thereafter be reduced in size, dimension,
or area below the minimum requirements'set out herein,
except by reason of a portion being acquired for public
use in any manner including dedication, condemnation,
purchase, and the like. Lots or yards created after the
effective date of this zoning ordinance shall meet at
least the minimum requirements established herein.
Section 7. SCHEDULE OF DISTRICT REGULATION.~.
1. General. District re~lations for the Coastal
Area Planning District shall be as. set out in the Schedule
of District Regulations, hereby adopted by re~erence
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 Official Schedule of Di'~trtct Regula~'ions fo~' t~-e
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 Re.~ulations
referred to and adopted by reference by Ordinance No.__
of the County of Collier, Florida, adopted ,
197 ."
Tho Official Schedule of District Re.~%llations
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. Changes in the Official Schedule of District
Regulatio~'s. The Official Sche~6le of District Reg~lations
~s subject to amendment in the same manner as any other
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 provisions of this
zoning ordinance and applicable provisions of Florida
law, changes are made in the provisions of the Official
Schedule of District Regulations, 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-Collier, the
following changes were made i'n the Official Schedule of
District Regulations: (Brief note of natu.re 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
I'
619
out; such change shall be made within 20 working
days after date of adoption of the amendment.
4. Replacement of Official Schedule of D~strict
Regulations. At any time the OffiCial Sc~d'~le of
District Regulations 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
original Official Schedule of District Regulations.
5. Districts. Districts for the Coastal Area
Planning b~strict, 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
Single Family Residential
RM-i,I-A,2
PUD
Multiple Family Dwelling
Planned Unit Development
RT
Res~dential Tourist
FVR
MHSD
MHRP
PC
Fishing Village Residential
Mobile ~ome Subdivision
Mobile Nome Rental Park
Professional Commercial
CC
Convenience Commercial
GRC
General Retail Commercial
CI
Commercial Industrial
I
GC
Indus trial
Golf Course
TTRV
CD
Travel. Trailer Recreational
Vehicle
Campground
E Estates
A Agriculture
6. Definitions of Groupinqs of Various Districts.
A. Wh'e'r~' the ~hrases" ~i1 residential" districts",
"residential districts", "zoned residentially", or
"residentially zoned", or phraseolo.~y of similar intent
are used in this zoning ordinance, the phrases shall be
construed to include the following districts: RS-i,
RS-2, RS-3, RS-4; RM-1,RM-1A, RM-2; MHSD: MHRP: RT: and FVR
Districts.
B. Where the phrases "commercial districts",
"zoned commercially", "commercially zoned", "commercial
zoning", or phraseology of similar intent are used in
this zoning ordinance, the phrases shall be construed
to include: PC; CC; GRC Districts.
C. Where the phrases "industrial 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: CI; 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; E Districts·
7. Unauthorized Ch.gnges Prohibited. No changes of
any nature shall be made in the Official Schedule of
District Regulations or any matter shown thereon except
in conformity with this zoning ordinance. Any unauthorized
change of whatever kind by any person or persons shall
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 ex~sten'ce 0f'"~p0r~d copies of all or part of the
official Schedule of District Regulations which may from
time to time be published or reprof~ced, the Official
Schedule of District Regulations which shall be located
in the office of the Clerk of the Circuit Couru shall be
the final authority as to the regulations applicable to
the various zoning districts herein established.
34
619
Section 8. SUPPLEMENTARY DISTRICT REGULATIONS.
1. Visibility at Intersections in All Zoning
Districts. On a corner lot in all zoning districts, no
fence, 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 above the centerline 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 maintained 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. Location of Accessory Structures. Accessory
structures must be con~tr'66ted Simultan6ously with or
following the construction of thQ principal structure and
shall conform with the following setbacks and building
separations:
ACCESSORY STRUCTURES
(Detached)
FRONT REAR SIDE
1. Parking Garage-
Single Family
STRUCTURE TO
STRUCTURE
2. Parking Structures-
RM 1 Story
35' 35' SPS 10'
3. Parking Structures-
RM Multi-Story
35' 35' SPS *1/1
4. Swimming Pool-
RS and Duplex
SPS 15' SPS N
Swimming Pool-
RM & Commercial
35' 30' 15' N
Tennis Courts-
Private RS & Duplex SPS
SPS SPS 15'
SPS 10' 15' 10'
J
f
ACCESSORY STRUCTURES
(con' t)
FRONT .RE, AR
Tennis Courts-
RM & Commercial
SIDF
.gTRUCTURE TO
STRUCTURE
35' 35' SPS 2~'
8. Boat Houses
(Private) SPS NA
10'
10'
9 · Dock ~ NA NA
10. Utility Buildings' ~'SP~; '.~ 10.'
10'
10'
10'
10'
11. Unlisted Accessory
Uses SPS SPS
SPS
20'
N=None
NA=Not Applicable
SPS-Calculated same
as Principal
Structure
*1/1=1 foot of
accessory
· Height-1 foot
of building
separation
3. Exclusions From Height Limits' The height
limitations contained in the Schedule of District
Regulations do not apply to spires, belfries, cupolas,
flagpoles, antennas, water tanks, fire towers when
operated by a branch of g0vernmen~t, ventilators, chimneys,
feed storage struct~es, Dr %o"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 Height Limits-Off-Street Parking
Within A Bdildi~g. In instances where off-street
~arking 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 spaces 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.
OMITTED
I
,
5. Buildings to }lave Access. Every b~lding 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 Residentially Zoned Property for Access.
No lot or "p~'rcel which is"r~sidentially zoned" s~ali be
used 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. Parking~ Storager or Use of Major Recreational
Equipment. Major recrea~iosal equipment 'is hereby
~efined as including boats and boat trailers, travel
trailers, pickup campers or coaches (den'?ned to be
mounted on motorized vehicles), motorized ~wellings
or motor homes, tent trailers, popout campers, houseboats,
and the like, and cases or boxes used for t~ansporting
recreational equipment, whether occupied by such equip-
ment or not. No major recreational equipment shall be
used for living, sleeping, or houskeeping 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
arked anywhere o~ residential premises for not to exceed
wenty-four (24),hours durin~ loadin~ and unloadin~.
8. p~rking of Commercial Vehicles in Residential
Areas.
A. It shall be unlawful to park a commercial
vehicle on any lot in a residential zoned district
unless one of the following conditions exist:
(1) The vehicle is engaged in a construction
service operation on the site where it ~s parked. The
vehicle must be removed as soon as the construction or
service activity has been completed.
(2) The. vehicle is parked ,~n a garage,
carport, or fully enclosed str~.q~u_ re a'nd cannot be seen
from the street serving the
·: ," ... ~: !~ ',~.,, , ~ , ..:,- ~,~.)$~ ..... .
I ) )
)
(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. ~oyin~..of Buildings or Structures. NO building
or structure shall be moVed fro~ 'one lot to another lot,
or moved to another location on the same lot, unless
such building or structure, shall thereafter conform to
all of the applicable provisions of thi~ zoning ordinance
and to all other applicable regulations, including but not
limited to construction codes, of the County.
10. Essential Services. Essential services are
permitted in any zoning district. Essential services are
hereby defined to include and be limited to water,
sewer, gas, telephone, cable television, telephone and
electrical distribution systems and lines a~ well as
sub-stations, lift stations, and similar installations
necessary for the performance of these servicesl mrovtde~,
however, that this subsection shall not be deemed to
permit as a matter of right the location in a district of such
facilities as electric or gas generating plants, sewage
treatment plants, water pumping or water aeration or
treatment plant, cable vision reception tower and
accompanying structures, and similar facilities. This
sub-section shall not be deemed to include thQ erection
of structures for commercial activities such as sales or
the collection of bills in districts from which such
activities would otherwise be barred, nor shall this
provision permit any facility requiring the storage of
automotive vehicles overnight.
Under this sub-section, 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.
11. Waterfront Property.
A. CalcUla~i"on of Area for Dwellin~ Unit Density
Purposes. Lahd lYing waterWard of the shoreline, as
defined by Section 3, shall not be calculated as a part
of a lot in determining minimum lot or yar~ requirements,
except a~ 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
provided to protect the lot or yard area, the Director may
619
approve such construction upon a showing that the proposed
construction is adequate to prevent flooding and the
undermining of foundations; appeal may be had to the
Board of Zoning Appeals. Lot area upland from such
construction shall be counted in determining lot area
and yard requirements.
B. Minimum Waterf£on~ Yard-Gulf. No structures
shall be erected and no excavation shall 'be permitted
seaward of the Gulf of Mexico Coastal ConsLruction
Setback l,ine established by the State of Florida.
12. Locattonal Restrict~.ons for Use Involving
Intoxicating Beverages.
A. Sale of Alcoholic BeveraGes: The sale
of alcoholic beverages for consumption on premises will
not be permitted at any location until such location has
been approved by the Board of Coklnty Commissioners.
Prior to action by the Board of County Commissioners, the
Planning Commission shall hold a public hearing and make
a recommendation to the Board of County Commissioners.
Prior to recommending a location for a sale of
alcoholic beverages for consumption on premises at any
location, the Planning Commission shall find that the
following requirements have been met'.
(1) No such use shall be located within five
hundred (500) feet of any established school, church,
or public park or playground.
The distance of five hundred (500) feet shall
be measured as the shortest distance between the lot on
which 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 w~th~n
flve hundred (500) feet of any existing establishment
which sells alcoholic beverages for consumption on premises.
The distance of five hundred (500) feet
shall be measured as the shortest distance between the lot
on which the existing establishment is located and the
lot of which the alcoholic beverages are to be sold.
(3) The use will be compatible with the
surrounding uses of the neighborhood.
(4) That any nuisance or hazard feature
involved is suitably separated and buffered from adjacent
uses.
(5) That excessive traffic will not be
generated on residential streets.
(6) That the land and/or buildings involved
are adequate for the use.
) ' 'III 619
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, tenants and/or guests of
the facility.
C. Any restaurant, hotel, motel or other
commercial establishment herein licensed to sell any
alcoholic beverage shall upon written 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 Feets
'(1) Minimum Frontage~ An automobile
service 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.
B. Minimum Yards~
'('1) Front yard setback - Fifty (50) feet.
(2) Side yard setback - Forty (40) feet.
(3) Rear yard setback - Forty (40) feet.
(4) Canopy - Ten (10) feet
beyond pump setback line.
C. Gasoline Pumps3 All 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 upon or overhanging
any public sidewalk, street, or right-of-way.
D. Driveways:
'(1) All 'driveways providing ingress and
egress from an automobile service station shall be no
more than thirty (30) feet wide.' No more than 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) Ail lots located at intersecting
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 to or from
the same automobile service station.
('4) No alley shall be used as a primary
means of ingress of egress. '
E. Entrance and Exit: No automobile service
station shall have an entrance or 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 for children, except where
such property is in another block or on another street
which the lot in questiod does abut.
F. Fence Re~ui.r~nts: If an automobile
service station abuts' a residential district, a wall o~
solid decorative ~aterial five (5) feet in height orca
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 conducted on the premises.
H. Drainage: The entire lot, excluding the
area occupied by a building, shall be properly drained
and hard surfaced with concrete or plant mixed bituminous
material, except for the required landscaped areas.
I. Parking AreasI Parking areas will conform
to the provisiOns o4 Section 18 of this Ordinance. At no
time shall repairs be performed in parking areas.
J. Landscapingl A minimum of twenty (20)
percent of the lot area shall be landscaped, with a
minimum of three (3) percent landscaped per lot side.
K. General: In addition to the retail dis-
pensing of automobile fuels and oil, the following
services may be rendered and sales made and no other:
(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 waterhoses, 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;
)
(7) Minor servicing and repair of
carburetors;
(8) Emergency wiring repairs;
(9) Providing reDair of brakes;
(10) Minor motor adjustments not involving
removal of the head or crankcase;
(11) Greasing and lubrication;
(12) Sales of cold drinks, candies,
tobacco, and similar conveniencQ 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 displayed
outside of the enclosed area except on the pump island;
(16) No automobile service station shall be
permitted wherQ 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 reuidential
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 mechaDical and body
work, straightening of frames or body parts, steam
cleaning, painting, welding, storagQ 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 of
automobile vehicles, a repair garage, a body shop, a
car.laundry, or a truck stop.
14. Fallout Shelters.
A. De'fini~ion~. (1) An above ground fallout
shelter is one entirely abovc 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 permitted in any single family zoning district.
,( I ( I
6J.9
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 sales demonstration purposes are permitted
in commercial and industrial zoning districts only and
may not be occupied for living purposes.
C. ~pecifications. Ail fallout shelters shall
be constructed to specifications of types approved by or
in accordance with plans issued by the Office of Civil
Defense.
D. Setbacks. Above ground fallout shelters
are not permit--~~front yards and are considered as
accessory uses and must meet the required 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. Utilization. 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 Fallout Shelters. 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 be in
accordance with plans prescribed by the Office of Civil
Defense and is subject to inspection. A special permit
must be obtained from the Director prior to construction
of a temporary shelter. Temporary shelters must be
removed from the premises within thirty (30) days cfter
the end of the period of international tension. Failure
to do so is a violation of this zoning ordinance.
15. Base Setback Line Requirements. Base setback
lines are establi'~hed for certain streets (as set 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, appurtenances
thereto, sign, canopy, or parking area shall intrude
streetward beyond the base setback line, except as
', , ~,,~ ,'*, ,
specifically provided by thi~zoning ordinance.'
In all co~ercial and indus%rial~districts, no
building or other stru~ro ~,h~l be erected within
feet of tHd'cen~erline of any street in
%hose instances where a gr~a~er base setback line has
not been establi~hed (as set'"ou~ below or as se~
out in the bas~ setback lin~.ordinance).
On streets as s~t.out (on the base setback l~ne
maps), se~ack lines are established and are dete~ined
to be distances thdicated from the center line of the
street right of way.
16. Fences.
A. Fences Residential.'
'(1) In an~ resid~ntial district no closed
wall or fence shall be'erecte~ or maintain~d within
twenty (20) feet from the corner intersection of street
right-of-way.
2) Fe~es ~r;wa~s outside of front
building line shall'B~ li~ed.~ a maximum height of
four (4) feet A fen'~e or,wall ~ha.ll be limited to a
maximum height of six '(6) feet in the rear and side
yards.
(3) No barbed wire, spire tips, sharp
objects, or elcctrically 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.
(1) Fences involving agricultural 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 Commission is authorized to allow a
variance in height.
(3) Ali 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 limited to three (3)
strands.
(5) No fence shall block the view of passing
motorists or pedestrians so as to constitute a hazard.
17. Boats or Other Floatin9 Equipment Used as
Dwelling Units. Boats or other floating equipment being
used as dWelling units or as commercial establishments
may not anchor or tie' up in waters under the Jurisdiction
of tho County for longer than forty-eight (48) hours,
except at facilities located in zoning dist~icts 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. Regulations for the Construction and Operation
of Drive-In Theatres.
A. The screen must be so oriented that the
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 (25%)
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,~hat vehicles.will not back up on
to the traveled way of the high~ay. Storage area shall
be calculated on th'~bas%s~of.oDe (1) space per twenty-
five (25) lineal feet of storage lane.
E. An individual speaker shall be provided
for each vehicle Ail ~peakers shall be equipped with
sufficient cord ~o 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 ~acks may be located in any district. No
advertising sign 'shall be permitted on such structures
without approval.of ~he Board,~ Locations and setbacks
shall be approved by the Schbol Board of Collier County.
Bus stop benches may, b.~.located in any district.
NO advertising s~gn shall' b6'permitted on such structures.
Telephone booths may be,;located in any district. District
setbacks are waived. ~1 (and' newspaper) delivery
boxes may be placed in'~ccord:Qith U.S. Postal Service
Regulations, and are exempt from district setbacks.
20. Landscaped Buffer Area%~,,.~. The'dse~.~roperly
¸%.
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planted and maintained buffer areas may reduce and ease
potential incompatibility between or among different
uses of land in proximity to each other.
A. Requirements. Where this zoning ordinance
requires a lahdscaped buffer area, the following
requirements shall be met unless otherwise specifically
required elsewhere:
(1) The landscaped buffer 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 contiguous to the designated
property line or lines.
(2) The area shall be so designed, planted,
and maintained as to be eighty (80%) percent or more
opaque between three (3) and eight (8) feet above
average ground 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 as set out above shall be a violation of
this zoning ordinance.
B. Substitution.for_Landscaped .Buffer Area.
Except when otherwise specifically provided by ~hese
regulations, a six (6) foot high opaque structure set
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. by Dire~tor. When the Director
finds that the pUblic ~afety r~quires, he may waive
or modify the buffer requirements set out above at
street, and alley frontages adjadent to 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 required for
a certain number'of feet back from the 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 Regulations S..et ORr
Different Requirement'. In those instances where these
zonfng re~'u~ationS set. out a different buffering
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requirement (e.g., a greater width of landscaped buffer,
or a different 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 p~incipal Structure
on a Lot. In any zoning di'~'trict, more than 'one structure
housing a permitted or permissible principal use may be
erected on a single lot, provided that yard, area,
access, and all other requiremen~ of this zoning
ordinance are met for each structure as though it were
on an individual and separate lot.
Section 9.
SPECIAL REGULATIONS FOR (ST) AREAS OF EN-
VIRONMENTAL SENSITIVITY ..
1. Intent and Purpose:_
Certain areas of Environmental Sensitivity re-
quire special regulation to protect, conserve, and improve
the ecology of the particular area and the overall 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 purpose 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 natural 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
their biologic community;
D. Conservation of the essential fresh and salt
water resources of the Coastal Area Planning District.
2. Establishment of Zoning Classification:
An overlay zoning classification %o be known as
the Special Treatment District, and to be denominated 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 will
bo used for those lands of environmental sensitivity where
tho essential ecology of the lands cannot be preserved
I
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 classifica-
tion such lands'otherwise hold.
3. Pqrmit Required:
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:
Lands designated "ST" shall be used only for the
uses permitted or permissible by provisional use under the
basic zoning classification of such lands; but where aR
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 tho ecology of the area involved would be severely
or substantially damaged thereby.
5. TranSfer of Residential Density Credit:
An owner of land located within an 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" regu-
lations. Only one such transfer is permitted. Such a
transfer of residential density credit is subject to the
following conditions:
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".
C. The land designated "ST" must be used in
conjunction with the land to which residential density
credit is being transferred. The "ST" land may be left in
its natural state or used for limited recreation, 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 trans-
fer 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 designat~d "ST" land
may not thereafter 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 County, together ~ith a covenant on such
land with enforcement r~]nniflg to the County that no future
alteration, building or development permit will be issued
in the future on such land ~xcept as follows:
(1) In accordance with the 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 exDunged from the public records of the Clerk of the
Circuit Court of Collier County except by unanimous vote
by the Board.
F. The ma::imum allowable transfer of density
use credit from a parcel of land designated "ST" to a
contiguous area not designated "ST" shall be computed on
the basis 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 trans-
ferred.
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.
Procedure and Standards for Development of "ST"
Land of Less th'~'n Ten Acres not InvOlvi.n..g. Density
Transfer:
Where land has a "ST" designation, is ten (10)
acres or less in gross area, and where no transfer of resi-
dential density is involved as set out in Section 9.5
above, the Director m~y 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 of the following conditions exist:
A. Previous usage and development of the sub-
ject property has altered the original environment in such
a manner that the proposed develcpment will not further
degrade the environmental quality of the site or surrounding
areas that might be affected by tha proposed development.
B. Previously existing major flora and fauna of
.the site has already been removed or altered to such a de-
gree as to preclude any reasonable probab$1ity for ecolo-
gical regeneration.
C. Surface and/or natural drainage of the site
has already been channelized, paved, altered, or improved
and will not bu further degraded as a result of the pro-
posed development.
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D. NO poll6tants will be discharged from the
proposed development which will substantially increase the
degradation of air and wafer'beyond levels existing.at
the time of application.
E. The proposed development will improve and
correct ecological deficiencies which resulted from previous
use or development.
F. The proposed development will utilize existing
buildings or structures and will not require any major alter-
ation or modification of the existing land forms, drainage,
or flora or fauna on the site.
G. Violation of the terms of a development permit
granted by the Director under this subsection 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 Involving Density
Transfer:
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 conferences 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 accept.ed 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 approval, 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
recommendation to the Board.
8. Board Action:
Final action on development approval under this
section lies with the Board of 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, including 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 new 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 Conform to Permit Requirements:
A. Unless otherwise specified by tho Board, the
approved development permit shall expire and be terminated
two (2) years after the date of approval or as specif]'d
in the development permit; provided, if development is
progressing in full accord with the terms of th~ approval,
development 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 for 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 Board 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 the 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 subse.quent plan or reapproval
shall effect an increase in residential density nor a decrease
:.J.,, ;.,
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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. R~.lations.hip When There is Density Transfer:
Where 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 and development plan approval as set out in section
39.8 of this zoning ordinance.
12. Requirement t° Post Surety to Assure Completion
~f De~e!6pment:
Prior to the issuance of a development permit, the
developer shall post a surety to guarantee the completion
of the improvements which shall.satisfy the following
requirements:
A. A surety, in the form of a surety 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 least one hundred ten (110) per cent of all of
the costs of all the required improvements, such as streets,
sidewalks, drainage, canals, fill, public water, sewerage,
and solid waste disposal including Engineering Supervision
and Inspections, etc., as shown on the development con-
struction plans. Cost estimates 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 of the work remaining
to be completed on an annual basis.
When extension of the completion time is requested by the
developer and approved by the Board of County commissioners
beyond the duration of the perm[t, a revised cost estimate
and adjusted amount of surety shall be provided for the
improvements to be completed. Such security 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 wi.th the development permit
with a specified time; four (4) years unless otherwise noted.
(2) Be payable to, and for the indemnifica-
tions of the County.
Section 10. SPECIAL REGULATIONS FOR SPECIFIED AREAS IN
AND AROUND NAPLES AIRPORT.
1. Intent and Purpose. Certain areas in and around
the Naples Airport, 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 or impair the utility of Naples
Airport and the public investment therein. Accordingly,
it is hereby declared that~
A. The creation or establishment of an airport
hazard is a public nuisance and an injury to the County;
B. It is necessary to the public health, safety,
and welfare ~at the creation or extension of airport
hazards be prevented; and
C. To this end, regulation of airport hazards
is necessary.
D. In addition to the regulations 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 as 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 the following meanings unless the context
hereof otherwise requires~
A. Airport - Naples Airport
B. ~irp0rt .E.levation - The established elevation
of the highest point on the usuable.landtng area, hereby
determined to be eight (8) feet MSL.
C. Airport Hazard - Any structure, 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. Height - For the purpose of determining
the limits in all zones set forth in this Ordinance and
shown on the zoning maps, the dat%~ shall be mean sea level
elevatien unless otherwise specified.
E. Instrument Runway - A runway equipped or to
be equipped Kith a precision electronic navigation aid
or landing aid or other air naviga.tion facilities suit-
able to permit the landing of aircraft by an instrument
approach under restricted visibility conditions.
"% ..~ ~
54~
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F. Landing Area - The area of the Airport used
for the landing, taking off or taxiing of aircraft.
G. Nonconforming Use - Any pre-existing structure,
tree, natural growth or use of land which is inconsistent
with provision of this Ordinance or an amendment thereof.
H. VFR Runway - 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 a trustee, receiver,
assignee, administrator, executor, guardian, or.other
representative.
J. Runway - The paved surface of an airport land-
ing strip.
K. Structure_- An object constructed or in-
stalled by man, including but without limitations, build-
ings, towers, smoke-stacks and overhead transmission lines.
L. Tree - Any object of natural growth.
3. Manner of Designation and Method of Application.
All of the land lying within'the i'nstrument approach zones,
VFR approach ~ones, 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 Cotnlty Com-
mission as an amendment to this resolution. ~%e various
zones are hereby established and defined as follows=
A. Instrument Approach Zones - An instrument
approach zoneJ'ts est~bli'shed at the 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 tnliformly to a width, of
16,000 feet at a distance of 50,200 feet Northeast 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 in-
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 centerline
of the runway.
B. VFR Approach Zones '- Visual flight rules
approach zones are hereby established and shall have a
width of 500 feet at a distance of 200 feet beyond each
end of runway 31-13, widening 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 side of runways have
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 such runway plus 200 feet on each end, and are
parallel and level with such runway centerlines. 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 ar~ 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 zone's 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 centerline of
the runway.
D. }lorizontal Zone - A horizontal zone is hereby
established as the area within an oval with its centers
at the ends of tho 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 as the area that commences at the periphery
of the horizontal zone and extend outward therefrom a
distance of 4,000 feet. The conical zone shall slope
upward and outward from this periphery at the rate of
one (1) foot vertically for each twenty (20) feet hori-
zontally. The conical zone does not include the instrument
approach zones and transition zones.
4. Height Limitation. Except as otherwise provided
in this resolution no s'tructure 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,.each fifty (50) feet in horizontal distance
beginning at a point 200 feet from. and at the centerline
elevation of the Northeast end of 22-4, tho instrument
runway, and extendin~ Northerly a distance of 10,200 feet
i
619
from the end of the runway; thence Northeasterly one (1)
foot in height for each forty (40) feet in 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 elevation of the Southwest end of
the instrument runway and extending Southwesterly to a
point 10,200 feet from the end of the runway.
B. yFR. Airport Approach Zones - One (1) foot
in height for each forty (40) feet in ~orizontal dis-
tance beginning at a point 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 in hori-
zontal distance and extending to a point 5,200 feet from the
ends of the runway.
C. Transition Zones -'One (1) foot in height
for each seven (7) feet in h~rizontal distance beginning
at the cdga of each ~afety zone and at the elevation of
the centerline of each runway, and extending to a height
of 150 feet above the airport elevation which height is
158 feet above mean sea level. In addition to the fore-
going, there are established height limitations of one (1)
foot vertical height for each seven (7) feet horizontal
distance measured from the edges of all approach zones
for the length of the approach zones as shuwn and extend-
ing upward and outward to the points where they inter-
sect the horizontal surface. Further, to the Northeast,
where the instrument approach 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 instrument 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 the ~irport elevation or a height of 158 feet
above ~ean sea level.
E. Conical Zone - One (1) foot in height for
each twenty (20) feet of horizontal distance beginning
at the periphery of the horizontal zone, extending to a
height of 350 feet above the.airport elevation.
5. Use Restriction. Notwithstanding any other provi-
sions of ~he zoning regulations, no use may be made of land
within the Northeast instrument approach zone established
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 visibility
in the vicinity of the airport or otherwise endanger the
landing, taking off, or maneuvering of aircraft.
6. Nonconformities.
A. Requlations' not Retroactive - The regulations
prescribed by t~is r~s01ution she'll not be construed to
require the removal, lowering or other changes or alter-
ation of any structure or tree not conforming 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, alteration, or intended use
of any structure, the construction or alteration of which
was begun prior to the ef~ective date of this resolution,
and is diligently prosecuted.
B. Marking and Light!D~ - Notwithstanding the
precedlHg pro~'ision of this section, the owner of any
nonconforming structure or tree is hereby required to permit
fhe 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 Authority.
7. Permits.
A. Future Uses - Except as specifically provided
herein no material change shall be made in the use of land
and no structure or tree shall be erected, altered, planted
or otherwise established in any zone hereby cre~ted unless
a permit therefor shall have been applied for and granted.
Each application for a permit shall indicate the purpose
for which the permit is desired, with sufficient parti-
cularity to permit it to be determined whether the resulting
use, structure or tree would conform to the regulations
herein 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 fee't from each end
of the runways, no permit shall be required for any tree
or structure 1..e. ss t~%an fifty (.50) feet of vertical height
above the ground.
(3) In the areas lying within the limits of
the transition zones beyond the perimeter of the horizontal
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 pe.rmitting or intending to permit
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l[g 61§
any construction, alteration or growth of any structure
or tree in excess of any of the height limits established
by this Ordinance except as set forth in Section 8.
B. Existing Uses - No permit shall be granted
that would allow the estab~lishment or creation of an airport
hazard or permit a nonconforming use, structure, or tree
to be made or become higher, or become a greater hazard
to air navigation than it was on the effective date of
this amendment or any amendments thereto or than it is
when the application for a permit is made. Except as indi-
cated, all applications for such a permit shall be granted.
Section 11. SPECIAL DISTRICT .~O~ (GH) GROUP *tOUSING.
1. Intent and Purpose. This section is intended
to apply as an overl~ District for areas zoned resi-
dential where a more flexible siting of strucutres
will produce more usable open space and innovation in
design and construction according to an adopted plan
of development. This section is intended to aDmly
to parcels of land of insufficient size to mee~ the
requirements for planned residential development un~er
Section 24 of this Ordinance.
2. Establishment of Zoning Classification. A
zoning classification, to be known as the ~roup Housin~
overlay district, and to be denominated on tho ~fficial
Zoning Atlas by the symbol "GH" in conjunction with the
basic residential symbol, is hereby established. Lands
are zoned to GH classification o~ removed from that
designation by the process of am~ndmnnt to this zonin~
ordinance and subject to the same procedures for
amendment as for other zoning classifications.
3. Uses Permitted. Uses permitted in any district
with an overlay GH classification are the uses per-
mitted or permissible by nrovisional use in the basic
zoning classification which the specific parcel holds;
provided, in RS districts lands with GH overlay may
include cjuster an,~ town houses in the GH development.
4. Procedure and Approvals..
A. General. If a Parcel of land already carries
a Gl{ overlay distr'i'¢'t designation, approval of a devel-
opment plan is required as herein set out prior to be-
ginning any construction. An applicant having land
that does not have a GH overlay designation and desiring
to develop a group housing project mu~t submit his
development plan as a part of hi~ application for re-
zoning to include the GH designation of his land.
B. Procedure for approval of a development
plan for a parcel already carrying a G;{ overlay desi~-
nation shall be as for an application for re~onin~.
5. Standards for Development Plan.
A. qKou? he. using consists of two (2) or morn
structures of the type permitted in the basic residential
zoning classification, subject to Section ~1.3 abovn.
B. Land area for a development plan under GH
overlay designation shall not be less than three (3)
acres.
C. Th~ parcel of land is not subdivided into
the customary streets and lots, and will not be so
subdivided, or where the existing or contemplated
street and lot layout make it impractical to apply the
requirements of this regulation.to the individual
dwellings and structures in such group development.
D. All yard requirements for any accessory
structures must be observed.
E. Yards, distances between structures and
other dimensional standard~ 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 CouAty Commission, upon recommendation
of the Planning Commission, if such standards are
less than are required elsewherQ 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 requirements of Section
39.8 of this Zoning Ordinance shall apply to the
development plan.
6. Effect of Development Plan Approval. No
building ~erm~t' or certificate of occupancy 'shall be
issued except in conformity with the approved development
plan.
Section 12. SPECIAL REGULATIONS FOR WATERFRONT YARDS.
1. Intent and Purpose. Where in the schedule of
district regulations reference is made to this section
for construction of development in waterfront yards
otherwise required in the zoning district concerned, the
following regulations shall apply. It 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 without
detriment to adjoining or 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.
Site and Development Plan Required. Before a
build ~g ~ay be constructed ~nder 6ho'terms of this-
Section, approval of a site and development plan is
required as set out in Section 39.8 of this ordinance.
3. Classification of Waterfront Lands and Buildin?
Location. Buildings may not be erected waterward under
~his section beyond the following limits for the
situations outlined:
A. For waterfront lands along which a bulk-
head line has been established, buildings may be erected
out to but not beyond the bulkhead line.
B. For waterfront lands alonq which an off-
shore building limit line has been established by the
Board, buildings may be erected out tn but not beyond
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 of buildings in waterfront yards, there shall
be no use permitted under this section which is not
permitted or permissible in the district involved. A
building approved under this section, however, may be
attached to or made an integral part of a boat house or
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dock, if such boat hou'se or dock is permitted or
permissible in the district involved.
5. Site and Development Plan. An applicant under
this section shall s'ubmit a site and development plan
as required by section 39.8 of this ordinance. In
addition to the contents of such a plan as required
by section 39.8 of this ordinance, the applicant shall
submit 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 any 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 ofApproved Site. and Development Plan.
No butldih% permit or certificate of occupancy Sh'all
be issued under this section except in strict conformity
with the terms and conditions of the approved site and
development plan.
619 % 1254
Section 13.
LABOR.
SPECIAL PROVISIONS FOR HOUSING OF FARM
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 tho 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 and the general public.
2. Agriculture: Defined. For the purpose of this
section, agriculture is d6fined 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 Development Plan Required. No construction
for the housing 6f 'farm lab6~ shall' b~ ere~'ted until a
site and development plan has been approved as set out
in this section and section 39.8 of this ordinance. 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 site and development
plan, and no use shall be made of farm labor housing
subsequent to construction except in conformity with
that approved site and development p19n.
4. Farm Labor Committee. The peculiar problems
created by'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 d~velopment plans for farm'labor
housing. Tharoforo, an advisory committee is hereby
established to consist of five (5) residents of the
County knowledg~ble in the problems of farm labor.
The 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 regulations
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 Committee: Role in Approval of
Site and Development Plans. Under section 13,4, A 'above,
the Farm Labor committee i's 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 rQcommendation of the
Farm Labor Committee has been received; provided, the
Planning Commission may 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
roquiroments of section 39.8 of this ordinance, site
and development plans for farm labor housing shall meet
the following minimum standards:
A. Highway Setback. Farm labor housing shall
be set back a minimum of one thousand (1,000) feet
measured from the nearest point of construction to any
State, Federal, or County Highway right-of-way line.
B. Minimum and Maximum Area. No on-site
farm labor housing shall exceed in 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.
OF
D. Layout: Generally. Any application for
site and development 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 Block
or Frame Dwellings. In addition to the materials of
paragraph D above, an applicant for site and development
plan approval shall show the following data where it is
proposed to use concrete block or frame construction
for farm labor housing:
(1) for each structure, thirty (30) foot
front yard, ten (10) foot side yard, and twenty (20)
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
(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 Florida;
(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 Homes ~nd Travel Trailers. In addition to the
materials of paragraph C above, an applicant for site
development approval shall show the following data
where it is proposed to use mobile homes and/or travel
trailers 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
I ( I ( i
619
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 Housin~..
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.minimum
dimensions of twelve (12) feet by sixty-five (65)
feet with a maximum sleeping capacity of twelve (12)
workers and with no mixing of the sexes;
(4) each cooking-dining-recreation unit
shall have minimum dimensions of twelve (12) feet by
sixty five (65) feet and accommodate no more than
twenty four (24) laborers;
(5) each utility unit shall have minimum
dimensions of twelve (12) feet by forty five (45) feet
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.
! )
619
Section 14. PROVISIONAL USES
1. Petitions for provisional uses, as defined in
section 3 of this zoning ordinance, shall be considered
first by--the Planning Commission in the manner herein set
out.
A. Written Fetition. A written petition for
provisional use shall--~mitted through the Director
indicating the basis in this zoning ordinance under which
the provisional use is 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 (d)
below. The petition should include material necessary to
demonstrate that the grant of provisional use will ko in
harmony with the general intent and purpose of this zoning
ordinance, will not be injurious to tho neighborhood or to
adjoining properties, or otherwise detrimental to the public
welfare. Such material may include, but is not limited to
the following, where applicable~
(1) site and development plans at an appropiate
scale showing proposed placement of stnuctures on the property;
provisions for ingress and egress, offstreet parking and off-
street loading areas, refuse and service areas; and required
yards and other open spaces;
(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
protected by County regulations; and
(5) proposed signs and lighting, including type,
dimensions, and character. Where this zoning ordinance places
additional requirements on specific'provisional uses, the
petition should demonstrate that such requirements are met.
B. Public Hearing. A public hearing shall be held
by the Planning Commission. Any party may appear personally
or by agent or attorney.
C. Notice of Public Hearing. Notice of public hearing
shall be given at leas~ fifteen (15) days in advance of the
public hearing. The owner of the property for which provisional
use is 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 ~' newspaper of general circulation in the
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County at least one time at least 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, however, that where the petitioner is the
owner of land not included in the petitioner's petition and
such land that is not included in 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, including the land
not covered by petitioner's petition. For purposes of this
provision, owners of adjacent or nearby properties within
the distance set out 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 provi-
sional use will not adversely affect the the public interest
and certifying that the specific requirements governing the
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 properties 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 reference 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 property in the district;
Any special requirements set out in the
Schedule of District Regulations for the
particular use involved.
(10)
E. Conditions and Safeguards. In recommending
approval of any provisional use, thQ Planning 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 use is granted, shall be deemed a
violation of this zoning ordinance.
Any p~ovisional 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 provisional 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 tho Planning Commission shall recom-
mend denial of a provisional 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 specific
provisional use requested, if any.
2. Status of Planning Commission Report and Recommenda-
ti6ns. The report and recommendations of the Planning Com-
m--~on required above shall be advisory only and shall not
be binding upon thQ Board of County Commissioners.
3. Board: Action on Planning commission Report. Upon
receipt of the Planning Commission's report and recon{menda-
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
recommendation is not decided wit'hin ninety (90) days of the
date of closing of the public hearing by the 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.
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619
Section 15. NO~-CONFORMING LOTS,*NON-CONFORMING USES
OF LAND OR WATER, NON-CONFORMING STRUCTURES, NON-
CONFORMING USES OF STRUCTURES AND PREMISES, AND
NON-CONFORMING CHARACTERISTICS OF USES.
1. Intent. Within the dist~icts established by
this zoning ordinance or amendments %hat may later be
adopted there may exist lots, structures, uses of
land or water and structure and, characteristics of
use which were lawful before this ordinance was
adopted or amended, but which would be prohibited,
regulated, or restricted under the terms of this
zoning ordinance or future amendments. It is the
intent of this zoning ordinance to permit these non-
conformities to'continue until they aro 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 as 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
involved. 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 ~se 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 zoning
ordinance shall be deemed to require a change in the
plans, construction, or designated use of any buildinq 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 been carried on without interruption, except for
just cause.
Actual construction is hereby defined to include
the placing of construction materials in permanent
position and fastened in a permanent manner. Where
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. 619 r 1262
excavation or demolition or removal of an existing
buil,.~ing has been substantially begun preparatory to
rebuilding, such excavation, demolition, or removal
shall be deemed to be actual construction, provided
that work shall be carried on without interruption,
except for just cause, until the completion of the
new construction involved.
2. Non-Conforming Lots of Record. In any
district in which single family dwellings are Dermittedi
a single family dwelling and customary accessory buildings
may be erected, expanded, or altered on any single lot
of record at the effective date of this zoning ordinance,
notwithstanding limitations imposed by other provisions
of this ordinance. Such lot must be in separate owner-
ship and not of continuous frontage with other lots in
the same ownership. This provision ~hall aD~ly even
though such lot fails to meet the requirements for area
or width, or both, that are generally applicable in the
district, provided that yard dimensions and other
requir~nents other than those applying to area or
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.
If two (2) or more lots or combinations of lots
and portions of lots with contiguous frontage in single
ownership are of record at the effective date of this
zoning ordinance, and if all or part of the lots do not
meet the requirements established for lot width or area,
or both, the lands involved shall be considered to be an
undivided parcel for the purposes of this zoning ordinance,
and no portion of said parcel shall be used or sold in
a manner that diminishes compliance with lot width
and area requirements established by this zoning
ordinance, nor shall any parcel be made which creates
a lot with width or area below the requirements stated
in this zoning ordinance.
3. Non-Conforming Uses of Lands or Waters (Or Land
With Minor Structures Only). Where, at the effective
date of adoption or amendment of 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 $3,000 and no com-
bination of permanently-fixed structures with a com-
bined replacement cost exceeding $4,000, the use may
be continued, so long as it remains otherwise lawful,
provided:
A. Enlargement' Increase, Intensification{
Alteration. No such non-conforming use shall be enlarged,
intensified, increased, or extended to occupy a greater
area of land or. water than was occupied at the effective
date of adoption or amendment of this zoning ordinance.
B. Movement. No 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. Discontinuance. If any such non-conforming
use ceases for any reason ('except when governmental
action impedes access to the premises) for a period of
more than ninety (90) consecutive days, any subsequent
usc of such land shall conform to the regulations
specified by this zoning ordinance for the district in
which such land is located.
D. Subdivision or Structural Additions. No
land in non-conforming use shall be subdivide'd, nor
shall any structures be adde~ 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'~ands with Minor Structures-~61~)' in
'Residential Di~trict~, In all're~idential districts,
the non-conforming use of lands or waters, or lands
with minor structures only, as defined in Section 15.3
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.
4. Non-Conforming Structures. Where a structure
exists lawfully under this zo~ nt~'-ordinance at the
effective date of its adoption or amendment that could
not be built under this zoning ordinance by reason of
restrictions on lot area, lot coverage, height, yards,
location on the lot, or requirements other than use con-
cerning the structure, such structure may be continued
so long as it remain otherwise lawful, subject to the
following provisions:
A. No such non-conforming structure may be
enlarged or altered in a way which increases its non-
conformity, but any structure or portion thereof may
be altered to decrease its non-conformity;
B. Should such non-conforming structure or
non-conforming portion of structure be destroyed by
any means to an extent of more than fifty (50) percent
) ]
of its assessed 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 shall thereafter
conform to the regulations for the district in which
it is located after it is moved.
5. Non-Conforming Use' of Major Structures, or
of Major ~tructur'es and Premises in Com~'~nati°n. Where,
at the effective 'date of ad0Ption o2 ~m~ndmen~ of %his
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 otherwise lawful provided~
A. Enlargement, Extension, Alteration, etc.
of Structures~ N~ ~x~'Sti~g strUctUre devoted to a
use not permitted by this zoning 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. Extension of Use in Building Manifestly
Designed For ~'uch Use. Any non~0nforming use may be
extended throughout any parts 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~use 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 the 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. C.hange in Tenancy or Ownership. There
may be a change in tenancy, oWnerskip, or management
of a non-conforming use provided' there is no change
in the nature or character of such non-conforming use.
D. Change in Use. If no structural alterations
are made, any'n0n-C~nfOrm~ng 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
the Board of Zoning Appeals, upon application to the
Director, shall find after public notice and hearing
that the proposed use is equal or more appropriate
I.. .( t (
6:].9
to the district than th~ existing non-conforming use
and that the relation of the structure to surrounding
properties will not be greater than if the existing
non-conforming use is continued. In permitting such
change, the Board of Zoning Appeals may require
appropriate conditions and safeguards in accordance
with the intent and purpose of this zoning ordinance
(See also Section 41).
E. Chan~e t~ Conformin~ Use Requires Future
Conformity wi~h Dlstri~t' RegUlations. ' Anv structure,
~r structure and pre~ise's ~n combtna~ion, 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 district in which it is located.
G. Subdivision or Structural Additions. Premises
of major structures (having'"'v~lues as i'ndkSated"in
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 pr~mises are located.
./ H. Destruction.of Major Structure or Structures.
Where non-conforming use status ap~li'es to a major
structure or structures, or to a major structure or
structures and premises in combination, removal or
destruction of the structure or structures shall eliminate
the non-conforming status of the land. "Destruction" of
the structure for purposes of this sub-section is hereby
defined as damage to an extent of more than fifty (50)
percent of the assessed value at the time of destruction.
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 ~n which such land
is located.
I. Non-Conforming Uses in Residential Districts
Involving MajOr Buildim~s Designed for a Permitted Use. In
) J
all residential districts, all non-conforming uses of
part or all of major buildings (as defined in Section
15.5 above),which buildings wer~ 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-Conformin~ Uses in Residential District
Involvin~ Ma~or Buildings Not Designed for a Pe'~mitted '
0'se. In All residential districts, any building,' all '
or substantially all of which is designed, arranged, or
intended for a use permitted in commercial or industrial
districts under this zoning ordinance shall be removed
or it shall bo 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 periods of tim~ herein set out are
declared to constitute the reasonablo amortization
period of the 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
Fire-Resistive Con-
stuction
30 years
Type III
Heavy Timber Con-
struction
25 years
Type IV
Non-Combustible Frame
Construction
25 years
Type V Ordinary Construction 20 years
Type VI
Wood Frame Construction 10 years
K. Effect of Remodeling or Addition Prior
to Date Major'Buildf~q. Covered Under Section 15.5 (~).
Became Non-Conforming. If, prior to the effective date
~f these zoning regulations 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 equal in size or valuation has been attached thereto,
'76
then for the purpose of applying Section 15.5 (J) of
this zoning ordinance, the date of issllance for ~he building
permit therefore shall be taken to be the date of
issuance of the building permit for such remodeling or
addition.
L. Exemptions. No non-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-Conformin. ~_ . .. q Characteristics of Use. If
characterlst~cs of use, such as signs, bff-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 increases
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
ramoved within one year of the effective date of
adoption or amendment of this zoning ordinance or that
within the period of one year such signs shall be made
to conform to the regulations of the district in which
they are located.
7. ~epa.irs and Maintenance. On any non-conforming
structure or portion of a structurQ 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 tho 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. Non-Conforming Structures Unsafe Because of
Lack of M~intenance. If a non-conforming structure
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.
619
']268
9. Non-Conforming Structures Unsafe for Reasons
Other Than Lack of"~a~ntena~ce. If a non-c°nformi~g-
structure or ~0rt£'on of 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 safety;
provided, however, that where such unsafeness or
unlawfulness is the result of damage from destruction,
the percentage of damage limitations set out in Section
15.4 (B) or 15.5 (H), as the case may be, shall apply.
10. Structures Conforming as to Use and...Locatton..
Where a structure' is confurming 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. Casual, Temporary~ or Illegal Use. The casual,
temporary', or illegal use of land or structures, or
land and structures in combination, shall not be sufficient
to establish the existence of a~non-conforming use or
to create rights in the continuance of such use.
12. Uses Under Provisional Use Prov~sions Not
NoniConfo~ming Use~. Any use which is permissibl~
as a provisional use in a district under 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 in such district.
Section 16. TEMPORARY USE PERMITS.
1. General. Certain uses are temporary in character.
They vary in type and degree, as well as in length of time
involved. Such uses may have little impact on surrounding
and nearby properties or they may present serious questions
involving potential incompatibility of the temporary use with
existing and projected permitted or permissible uses. It
is the intent of this zoning ordinance to classify temporary
uses and to provide for permitting, administration; and con-
trol of such uscs according to the several classifications
herein set out. Unless otherwise specified in this zoning
ordinance, this section governs temporary uses.
2. Temporary Constr~ction and Development Permits:
In the case of real estate development projects in 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 permitted
under the terms of such a temporary permit:
A. Temporary on premises-Real Estate Sale Offices
B. Equipment and Construction Materials, storage,
processing and Fabrication Facilities.
C. Temporary office space for persons engaged in
the development.
D. Temporary signs, in conformity with all current
sign regulations.
E. Mobile Radio or Television Equipment and Antennae.
F. Temporary Mobile Home as office or storage but not
for residency other than for a watchman or caretaker.
G. Temporary structures and equipment for road build-
ing, public utility construction, and public government projects.
Applicants 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.
B.
C.
D.
E.
but not limited to:
(1) Watchman
Traffic Safety Measures
Additional Parking Requirements
Limited Activity Hours
Additional Landscaping for temporary permit areas
Additional on premise safeguards, which may include
) ) , j )
8[[.6i§ ..... l TO
(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 basis or
less, for the dcvelopment life of the project. Such extension
may be made subject to the stiphlations 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 sales such as Christmas tree safes, grand openings,
going out of business sales (exclusive of garage sales, lawn
sales and similar 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 et 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 case:
A. Traffic Safety Measures
B. Additional Parking Requirements
C. Limited Activity Hours
D. Watchman, Fencing, Lighting
E. Sanitary Facilities
F. A faithful performance ben8 to guarantee compli-
ance with the conditions of the permit.
If the temporary use is not discontinued upon expira-
tion of the permit, it shall be deemed a violation of the
Zoning Ordinance and shall be subject to the penalties therein.
t' ( I ( I
619
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 Impactg Where a
proposed use or development falls within the provisions of
Chapter 380.06, Florida Statutes a. development of regional
impact is required by State law and administrative rule.
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 Administrative Code prior to the issuance of
any required County Permits and commencement of construction
or development.
I ) j )
Section 18. OFFSTREET PARKING AND OFFSTREET LOADING.
1. Intent. It is the intent of this zoning ordinance
that the public 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 ordiance shall be provided with
adequate offstreet parking facilities for the use of occupants,
employees, visitors, customers, or patrons. It is also the
intent of this zoning ordinance that certain uses must provide
adequate offstreet loading facilities. Such offstreet park-
lng dnd o££street loading £acllities 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 parking and offstreet loading
facilities 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 a 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 spaca Jo created or used.
Where a use and building existed 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 and changed uso to the extent
of the difference between tho later use and the prior use
and as though both uses had been subject to this ordinance.
3. Offstreet Parking Facilites: Identification,
Surfacing, D~ainag~,' Lightin'g,.' AcCess. ~ Requi~d'offstreet
parking facilites shall be:
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
maintained in smooth, dustless, and well graded condition
82
! ( j ( I
(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 way;
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
traffic; '
E. Arranged for convenient and safe access of
pedestrians and vehicles.
4. Offstreet Parking: Location
A. The required offstreet parking facilities shall
be located on the same lot or parcel they serve or may be
located on a contiguous lot in ghe 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.
B. Each offstreet parking space must be directly
accessible from a street, alley, or other public right of
way or accessible by an adequate access aisle or driveway
leading to or from a street, alley, or other public right
of way. Except for single and two family dwellings, all
offstreet parking facilities 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 Parking: Plans Required. A plan shall
bo submited With every applicatioh 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 requirements,
access aisles, and driveways, relation of the offstree:
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 Parking: Mixed Uses. Where several types
of uses are to be loCated in a single b'uilding, or where
several types of uses are to be located in two (2) or more
buildings on a site 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 offstreet 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 num~'e~ o'f ~equired
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. Offstreet Parking: Measurement. Where this zoning
ordinance requires offstreet parking based on various types
of measurements, the following rules shall apply~
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 if 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 employees 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 Parking: 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 P~ohibited.
Required 6'ffstreet parking spaces shall b~ so located that
no automotive vehicle when parked shall have any portion of
such vehicle overhanging or encroaching on public right of
way or the property of another. If necessary, wheel stops
| ( I { i
or barriers may be requi, red in order %o enforce'this provision.
13. Offstreet Parking: Reservation. Areas reserved for
required offstreet parking a'6'c6rding wi~h the requirements of
this ordinance sh~ll 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 parking is provided meeting the requirements of
this ordinance.
14. Offstreet Parking: Non-Conforming Use. Where major
repairs, ~lterations, Or ext'~nsion's of use ar'e to be made
in a building occupied by a non-conforming use, no such
repairs, alterations, or extensions shall be permitted unless
and until the offstreet parking requirement for a new use
of the type involved are applied to the existing use and
full provision for offstreet parking facilities is made.
15. Offstreet Parking: Required Amounts.
parking requirements are as follows:
Offstreet
Single family dwelling:
Two (2) spaces within the building
setback line
RM-1, RM-1A Multiple
Family Dwellings
Two (2) spaces per dwelling unit
RM-2 Multiple Family
Dwelling
One and one-half (1%) spaces per
dwelling unit
Town or Row house:
Two (2) spaces for each dwelling
unit
Mobile Home Park, Sub-
division:
See Section 13.28 & 13.29
Motel, hotel:
One and one half (1½) 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:
House of worship:
Two (2) spaces per patient bed.
One space per two (2) beds
One space for each two (2) seats in
chapel or auditorium
)
Funeral homo:
Stadium, Sports Arena,
Theatre, or other place
of public assembly other
than those listed else-
where:
Elementary or Junior
tligh School:
Senior Iligh Schools
Medical, Dental Offices
Other Professional
or Business Office~
Restaurant (other than
Drive-In), Bar, Night
Club:
One space for each two (2) seats
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 whichever is greater.
Two (2) spaces for each classroom
or office room, plus one space for
each 150 square foot 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 classroom 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 150 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 thirty (30) square feet
of the gross floor area whichever
is greater
! ( I
Restaurants (Drive-In),
Fast food service, etc.:
Agricultural Uses:
Child Care Center,
Day Nursery, Kinder-
garten:
Private Clubs, or Lodges:
Nurses' Home, Convent,
Monastery:
Golf or Country Club;
Yacht Club, Tennis or
Racquet Club:
Library, Community
Center, or Recreation
Facility (not otherwise
listed):
Marina:
Dance, Art, Music
Studio:
Art Gallery or Museum:
( I
One (1) space per thirty (30)
square feet of the gross floor area.
Unrestricted, except no offstreet
parking or loading shall be on
public rights of way.
Two (2) spaces for each employee
plus adequate provision for loading
and unloading children off the
street during peak hours.
1 space for each three (3) seats
or one space for each 250 square
feet of gross floor area, whichever
is greater. .
One space for each four (4) lodging
units.
One space for each two (2) seats
in public rooms, or one space
for each 200 feet of gross floor
area ia club house, whichever is
greater.
One space for each 200 square feet
of gross floor area, or one space
for each three (3) seats, whichever
is greater.
Two (2) spaces for each three (3)
boat 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.
I ) I
Retail shops, stores, depart-
ment stores, and other un-
listed commercial uses.
Banks or Financial
Institution:
Bowling Alley:
Wholesale, Warehouse,
or Storage Establish-
ment:
Industrial Activity
(not otherwise listed):
Temporary Parking for
Sports Events:
One il) space per 250 square feet
or any part thereof of the gross
floor area for the first 10,000
square feet and one (1) space per
every additional 400 square feet
or any part thereof thereafter.
As for commercial or service
establishment, provided any bank
or financial institution providing
drive-in facilities must have ap-
proval of a site and development
plan under Section 39.8.
Five (5) spaces for each alley
One space for each vehicle based
at the establishment, plus one
space for each two employees at
peak shift, plus one space for
each 4,000 square feet of floor
area.
One space for each vehicle based
on the premises, plus one space
for each employee on peak shift
plus one space for each 1,500
square feet of gross floor area.
In the case of a stadium or other
sporting facility which operates
on a seasonal basis, tho required
offstreet parking may be provided
on a temporary basis and need not
be permanently designated, paved,
drained, or landscaped provided
a temporary permit for its seasonal
use has been approyed and issued
by the Director.
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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 use 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
cgmbination.
' 17. Offstreet Loading: Plans Required. A plan shall be
submitted With every application for a building permit for
any use or structure required to provide offstreet loading
facilities. The plan shall accurately designate the required
offstreet loading spaces, access thereto, dimensions; and
clearance.
18. Offstreet Loading: Reservation. Areas reserved
for required offstreet loading according with tk requirements
of this ordinance shall not be reduced in area o~ 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 Requirement~ Offstreet loading
spaces sh~l'l be provided 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:
Sq. Ft. Sq. Ft. No. of Spgces
5,000 but not over 10,000
Sq. Ft. Sq. Ft. No. of Spaces
10,000 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. Fo~ each multiple dwelling 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 major fraction
thereof.
C. For each auditorium, convention hall, exhibition hall,
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 ~uveral buildings or uses
and are designed, located, and arranged to be usable thereby;
hospital, sanitarium, welfare institution, or similhr use
which has an aggregate gross floor area of~
Over 5,000 sq. ft. but not over 20,000 sq. ft.= one space;
plus for each additional 25,~00 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 goDds or products
will require the use, however temporary, of any publid right
of way or required offstreet par. king space for the parking of
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.
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 equipment 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.
A. Quality. Plant materials used to meet
the requirements of this section must meet the Standards
for Florida No. 1 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 mature '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 (15)
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 ~tilized as part
of a landscaping plan, palms shall not be utilized in
fulfilling more than thirty (30%) percent 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 Hedges. Shrubs shall be a minimum
of two (2) fe~t in height when 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.
D. Vines. Vines shall be a minimum of thirty
(30) inches in-~ght at time of Planting and 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 part of the required area, must be planted
in a manner which presents a finished appearance and
complete coverage. They shall be used with a decorative
mulch such as pine or cypress bark or material of
similar nature. In no instance shall stone or gravel
or any artificial ground covers be utilized for more
than twenty (20%) percent of the required landscaped
area.
F. Lawn Grass. Grassed areas shall 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 sod
or grass seed is used, nursegrass seed shall be sown for
immediate ground coverage until permanent coverage is
achieved.
G. Prohibited Trees. The following trees are
specifically prohibited"'from use for meeting any land-
scaping requirement under this sections
(1) Broussonetia papyrifera (Paper mulberry)
(2) Causuarinaceae (Australian Pine)
(3) Enterolobiom cy¢locappum (Ear tree)
(4) Melaleuca leucadendra (Punk)
(5) Melia azedarach (Chinaberry tree)
(6) Schinus terebinthinfolius (Brazilian
Pepper tree) (Florida Holly)
II. Existtn~.Plant..Matertal. In meeting
requirements of landscaping for offJstreet 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 standards of these regulations to
allow credit for such existing plant material, provided,
he may not permi't the reduction of required percentages
of a landscaped area, reduction in numbers of trees or
shrubs required, or other 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 bu~'Iding permit (except for single f~nily or
two family dwellings on individually platted lots), an
applicant whose development 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
any, to be served, show the location of planting pro-
tective devices, show the method of water supply and
full provision for future maintenance, indicate any
existing and proposed off-street parking areas and
other vehicular use areas, access p¢ints, aisles,
and driveways, and show location of planting areas
and designated planting locations 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 without 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 landscaping must be planted and in place as set
out in the landscaping plan approved under Section 19.3.
Ail 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 immediate planting, the
Director, if furnished with good and sufficient evidence
that required plantings will be installed when conditions
permit, may issue a temporary certificate of occupancy;
suchtemporary certificate shall be issued to a date
certain, with a notorized statement by the developer
that he will bear all costs of vacating occupancy, in-
cluding any court and legal fees the County may incur,
if the plantings have not b~en installed by the date
set in the temporary cer~ificate of occupancy.
5. Maintenance. The owner shall be responsible
for the cbntinued maintenance and upkeep of all required
landscaping. Required landscaped areas shall be main-
tained at all times to present a healty, alive, neat,
and orderly appearance for persons passing on public
ways and shall be kept free of refuse and debris. 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.
A. Required Landscaping Adjacent to Vehicular
~i~hts of Way. On any parcel providing an 'off-street
parking area or other vehicular use area where such
area will not be entirely screened visually by an
intervening building or structure from any abutting
right of way, excluding alleys (except where properties
across the alley are zoned residential), there' shall be
provided landscaping between such area and such right
of way as follows:
(1) A strip of land at'least six (6)
feet in depth measured at right angles tothe 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 (50) linear feet or fraction thereof. Such
trees shall be located between the abutting right of
way and off-street parking area or other vehicular use
area and shall be planted in a planting area of at least
twenty-five (25) square feet with a minimum dimension
of five (5) feet.
(2) In addition, a hedge, wall, 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 of non-living material, for each ten (10) feet thereof
an average of one shrub or vine shall be planted abutting
such barrier but need not be spaced tsn (10) feet apart.
Such shrubs or vines shall be planted along %he 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 ths
required landscaped areas shall be landscaped with
grass, ground cover, or other landscape treatment. (See
also S~ction 8.1).
B. Required Vehicular Use Landscapinq Adjacent
to Interior PropertY"'L'ines. On any lot providing an
Off-street p'arklng area or 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 (5)
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 one
tree for each fifty (50) linear feet of such interior
property lin~ 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 material, ex-
cluding paving.
(2) Where such area abuts property zoned
or, in fact, used primarily for residential or institutional
purposes, and for that portion of such area not entirely
I. . ( i ' ¢ I
"' IIl 619
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 opaque when
viewed horizontally at three (3) feet above the ground
level, and said plant materials should reach a height
of five (5) feet within two (2) years after planting.
A five (5) foot wide landscaping area may substitute the
required 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 e×pos,d to the abutting property so
that the purpose of screening the off-street parking
area or other vehicular uae area is accomplished.
C. R~quired Vehicular Use Interior Landscaping.
in addition to the reqUirements for landscaping of
areas adjacent to public rights of way and interior
property lines set out above, landscaping must be
provided for tho 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
perimeter i~r 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 (500) 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 minimum 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
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 this subsection will seriously
limit the function of said area such as off-street loading
or trash pickup areas, the required landscaping may be
located near the per~,eter 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 th~ 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 .... Rtghts-o'fhW~y and Points of ..... Access. When an
accessway intersects a public right-of-way, all land-
scaping shall provide unobstructed cr6ss-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.
9 $
I ( I ( I
§1§
Section 20. SIGNS.
1. Intent ~nd Purpose. The provisions of this zoning
ordinance~'s~all 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 Provisions~...Requirements and Specifications.
A. Ail signs must conform 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. Ail signs shall adhere to the required set-
backs and shall be located within 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 of a 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. Height - the vertical distance from the aver-
age crown of the road or the finished elevation at the
of the supporting structure whichever is lower, to the top
of the sign, or its frame or supporting structure whichever
is higher.
4. Permits and Fees and Exemptions.
A. A permit for a S'ign shall be issued by the
Director prior to the issuance of a building permit.
(See also Chapter XXIII of the Collier County Building 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 requirements 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, educational, 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 convnercial
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 ground or wall "For Sale" or "For
Rent" sign per parcel or property when such sign has 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
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",.gtc.) 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 )
( I ( I
following words have the following meanings:
A. Abandoned Sign - A sign Js considered aban-
doned if a business advertised on that sign is no longer
licensed, no longer has a cartificate of occupancy, or is
no longer doing business at that location.
B. Advertising Sign - A sign directing attention
to a business, commodity, Bervice, or entertainment con-
ducted, sold or offered, either on premises or off premises.
C. Advertising Structure - Any structure erected
for advertising 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-i'ights, 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 public property, 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 of identifying the owner or operator of
a farm 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 ~''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.
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 Sign - 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 Sign - Two (2) 'or more billboards
erected so that one 'is on top of the other.
O. Farm Organization Sign - 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 Sigg - A sign attached to an
entrance gate or entrance structure which identifies a
permitted use.
R. Industrial Complex - A group of industrial
establishments of more than 50,000 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. Major Intersection - The intersection of a
Federal, State, or County highway.
T. Marquee - A roofing structure projecting over
an entrance of a building.
U. Marquee 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 faces.
W. Non-Conforming Sign - A sign or advertising
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 prih6iple buS'iness, product, service, or
activity being identified or advertised.
Y. On-Pre~ise Sign - A sign containing copy
relating only to the principle business, product, service,
or activity conducted or sold on the same premises as that
on which the sign is located.
Z. Outdoor Advertising.Sign - An off-premise sign.
AA. Permanent Sig~ - A sign not specifically
designated asbein~ temporary.
BB. Political Sign - A sign promoting, advertising,
or identifying a political'party, candidate, or issue.
CC. Portable Sign - A sign not affixed to the ground
or to a structure '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 nob parallel to the
supporting structure.
EE. Public Service Sign - 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 Sig~ - A sign used only for the purpose
of identifying and warning of dangers.
HH. Sandwich Sign - See Portable Sign.
II. ShoDpin~ Center~ Plaza or Mall - A group of
two or more r~tail and service establishement of more than
25,000 square feet gross floor area on ground floor and
located on con~nonly owned property, sharing the same park-
ing facilities and connected together by common walks,
interior aisles, 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 L~hting - 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. Temporary Sign - A sign intended to advertise
community or Ci~i¢ project~, construction projects, or
other special events on a temporary basis for a designated
period of time.
OO. Wall Sign - A sign &ffixed 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 abov~ 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.
Classes of Signs.
A. Class "A" (Billboards)
(1) Over one hundred (100) square feet minimum.
(2) Five hundred (500) square feet maximum.
Class "B"
(1) One hundred (100) square feet maximum.
ciass "c"
(1) Forty (40) square feet maximum.
Class "D"
(1)' Twelve (12) square feet maximum.
Class "E"
(1) Six (6) square feet maximum.
· ' 102
Ge
ClasB "F"
(1) Four (4) square feet maximum.
Class "G"
(1) Two (2) square feet maximum.
H. Class "H"
One wall sign with an area not more than 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
One hundred (100) square feet for the first hundred
(100) feet of frontage plus fifty (50) square feet for each add-
itional hundred (100) feet of frontage with a maximum area of 250
square feet.
7. District Regulations.
A. S~gns in E-Estates~ Single Family,..Multiple Family,
~MHSDt. M. HRP! a-.n.d TTRV Districts.
(1) MaXimum lleight - Twelve (12) fuet.
(2) One (1) class "B" on each major entrance to
development (Maximum of two (2))
(a) Free Standing
(b) Entrance or gate sign
(3) One Class "D" p'er non-conforming use
(a) Wall
(4) One Class "E" on-premise sign per non-residen-
tial permitted use.
(a) Wall
(5) One Class "C" wall sign advertising only the
name of a Multi-Family residential building.
Signs in RT-Resident.i..al Tourist District:
'(1) Maximum Hei~'ht. "" TWenty 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) Wall
(b) Marquee-Maximum projection six (6) inches
Ce
Signs in CC-Convenience Commercial District.
-(1) Maximum 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.
'(1) One Class '"H" on-premise sian
(a) Wall
(b) Marquee (Maximum projection ~ix (6) inches
and
(2) One Class "B" on-premise sign (For lots with
one hundred fifty (150) feet or more of frontage.
Maximum height - twenty five (25) feet.
(3) Shopping Center
(a) One Class "H" per rental unit
(I) Wall
(II) Marquee (Maximum 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} MaX{ mum '"H~i"ght' - twenty five (25) feet. Mini-
re%un setback from street line 15 feet.
(2) One Class "A" (Billboard) only on vacant pro-
perty with one hundred (100) feet or more of frontage and ~ubJect
to provisions of Section 20.8
(3) One Class "H" on-premise sign
(a) Wall
(b) Marquee (Maximum projection six (6) inches
and
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 different public street. Such Directory Sign may
not exceed 250 square feet in area.
F.Signs in GC - Golf Course District.
~(1) Maximu~ Height- twelve (i2) feet
(2) One Class "B" on-premise sign at the entrance
(a) Wall
(b) Gate
(c) Free Standing
G. Signs in A-Aqr~culture District.
-(1) Maximum Height- twenty 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-
mitted non-agricultural uses:
(a) Wall
-. (b) Free Standing
(c) Bulletin Board
(d) .Marquee-maximum projection six (6) inches
104
619
8. Billboards.
A. No billboard 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 Height- 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 vacent A-
Agriculturo property also and shall be set back six :.undred
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 _Signs.
AK Poli~i~igns, advertisements, handbills,
or billboards 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, or G may be approved by the Zoning Administration.
C. Failure to remove and clean-up the permitted
signs wi~%in the two (2) week period will result in
violation of this regulation.
10. Prohibited Signs in all Districts.
A. Animated signs' mx6ept publ'ic 'service signs
B. Neon type signs in all but Commercial 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..
H. Any sign which constitutes ~ 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
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 prohibited in any
sign as constituting a hazard to traffic. Any sign which
by glare or method of illumination 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 Govern-
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 Special Purpose Siqns: The Director may
permit the follOWing 'signs' ~fter 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.
(5) feet.
(3) The maximum height is not to exceed five
(4) The sign is a minimum distance of fifteen
(15) feet to any right-of-way.
B. Temporary Signs. 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)
calendar ~days in any six (6) month ~eriod, 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 permtttee shall pay the samQ fee
for a permit for such temporary sign as is required of
619 c 1297
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 issu-
ance of a permit.
'12. Removal~ Alteration or Maintenanc~ of Signs.
A. Unlawful sign's' covered by s'e6ti'on 20~10I and
20.10J may be physically removed by tSe Director.
B. Any sign now or hereafter existing which
no longer advertises 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 person 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 sign
regulated under these zoning regulations is unsafe or
insecure, or 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 permittee thereof.
If the permittee fails to remove, altar or repair the
sign, within thirty (30) days aftor such notice, ~so as to
comply with the standard~ 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 pos-
session of the property upon which the ~ign is located.
13. Termination Requirements for Non-Conforminq Signs.
A. All non-conforming temporary signs, re-
volving or whirling signs, wind signs, banners, portable
signs, portable illuminated signs, and signs displaying
flashing or intermittent lights shall be removed or made
to conform within three (3) mon~s of the date on which
they became non-conforming.
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.
14. Conflict with State or Federal Regulations.
Whenever the issuance of a permit in conjunction wi-th the
requirements of this Ordinance would result in the construction
or maintenance of an outdoor advertising sign or structure
in violation of any 6xisting County, State or Federal law
or regulation, then such permit shall not be issued.
Section 21. RS-RESIDENTIAL~ SINGLE FAMILY.
1. District Purpose. These districts are intended
to apply to areas oX single family residences which con-
form' to the Collier County Building Code and have low
dwelling unit intensity. The nature of the use of.
property is basically the same in all four sub-districts.
Variation among the RS-l, RS-2, RS-3 and RS-4 districts
is in requirements for lot area, lot width, minimum
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 restrictions and requirements 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 thereof, sha~l 'b~ erected, altered,
or used, or land o~'water'used, in whole or in part,.
for other than the following:
A. Permitted Principal Us~'s and Structures.
'(1) Single "f~mtly 'dWellings. · ..... ·
(2) Pu~lio pHrks, public playgrouhds,
public playfields and commonly owned open space.
B. Permitted Accessory Uses and Structures.
~'Y) ' priva~e boa't hSuses and"dock~, ~ith or
without boat hoists, on canal or waterway lots, not
protruding more ~han five (5) feet into the canal or
waterway; except if such canal or waterway has a width
of one hundred (100) feet or moro, the dock may protrude
not more than twenty (20) feet into such canal or water-
way, providing, however that no boat or boat house is
used as a residence.
.(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
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 the two (2)
year period.
C. Provisional Uses. The following uses may
108
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~i.
~-- Minimum lot area requirement - 43,560
square feet. .
(2) Minimum lot width - 150 feet as
measured at the front yard setback line.
(3) Minimum yard requirements:
(a) Depth of front yard - Fifty (50)
feet setback.
feet setback.
feet setback.
(b) Depth ofside yard - Thirty (30)
(c) Depth of rear yard - Fifty (50)
(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,$00 square feet.
(b) Two story - 1,800 square feet.
(5) Maximum 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 tho lot.
(63 Minimum off-street parking: See
Section 18.
B. RS-2.
~-- Minimum lot area requirement - 20,000
square feet.
(2) Minimum'lot width - 120 feet as measured
at the front yard setback line.
(3) Minimum yard requirements:
(a) Depth of front yard - Forty (40)
feet setback.
feet setback.
feet setback.
(b) Depth of side yard - Twenty (20)
(c) Depth of rear yard - Thirty (30)
(d) Corner lots - ON lots which abut
on more than one street, the front yard shall be considered
'1 )
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) Minimum floor area of principal
structure:
(a) One story - 1,500 square feet.
(b) Two story - 1,800 square feet.
(5) Maximum height of principal structure:
Thirty (30) feet, above th~ 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.
C. RS-3.
~-- Minimum lot area requirement - 10,000
square feet.
(2) Minimum 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) Minimum yard requirements:
(a) Depth of front yard - Thirty (30)
feet.
(b) Depth of sid~ yard - 7½ feet
one story, 10 feet two stories.
(c) Depth of rear yard - Thirty (30)
feet.
(d) Corner lots - On lots which abut
on mor~ 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 - 1,200 square feet.
(b) Two story - 1,600 square feet.
(5) Maximum 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.
D. RS-4.
~--Minimum 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.
.)
(3) Minimum yard re~uirements:
(a) Depth of front yard - Twenty-five
(25) feet.
(b) Depth of side yard - One story,
seven and one-half (7½) feet; two story, ten (10) feet.
(c) Depth of rear yard - Twenty (20)
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 - 800 square feet.
(b) Two story - 1,200 square feet.
(5) Maximum height of principal 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 parkingz See
Section 18.
111 "
Section 22.
I. RM-1 RESIDENTIAL MULTI-FAMILY DISTRICT.
1. District Purpose. The provisions of this
district are intended 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 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 pro-
viding 934-1 dwelling accomodations in accordance with
the policies and objectives of the Comprehensive Plan.
2. Permitted Uses and Structures. No buildlng
or structure, or part {hereof, s~ali b% erected, altered
or used, or land or water used, in whole or in part
for other than the followings
A. Permitted. Principal Uses and. structures.
(1) Residential buildinqs containing not
less than two (2) dwelling units.
B. Permitted AccesserY Uses and Structures.
'(1) Customary accessory uses and
structures.
(2) Signs as pQrmitted in Section 20 of
this Ordinance.
(3) Non-commercial boat launching facilities
and multiple docking facilities.
C. Provisional Uses and Structures. The
following uses may be pe~mit'te~ ~ubject to the provisions
of Section 14 of this OrdinancQ 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 Re~u~rement.
A. Seven thOusand (7,000) square feet for
each dwelling unit.
4. Minimum Lot Width. As measured at the front
yard setba~k"line.
A. One hundred (100) feet measured at the
front yard setback line.
5. Minimum Yard Requirements.
A. Depth of Front'Yard ' Thirty-five (35) feet.
B. Depth of Side Yard - Fifteen (15) feet
or one-half (½) 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 to be 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. Minimum Floor Area of P~inclpal Structure.
A. 75"0 square fe~t--fb'r e~Ch dwelling unit.
8. M~x.~.mum H.ei~ht of.Principal Structure.
A. Three (3) sto~ies abOVe the'"'finis~ed grade
of the lot.
9. Minimum Off-Street Parking.
A. As required"in Section 18 of this Ordinance.
II. RM-1A RESIDENTIAL MULTI-FAMILY 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 thoroughfares
and collector streets. It is intended to utilize this
district to implement the Comprehensive Plan by pro-
viding RM-1A dwelling accommodations in accordance with
the policies and objectives ofthe Comprehensive Plan.
2. Permitted Uses ~nd Structure~. 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. PermitteR Principal Uses and Structures.
(1) Single family dwellingS~in accordance
with the provisions of the RS-4 District.
(2) Multi-Family dwellings in accordance
with the provisions ofthe RM-1 District.
B. Permitted Acce~.sory'Uses and Stzuctures.
-(1) CustOmary uses and structUres.
(2) Signs as permitted in Section 20.
C. Provisional Uses and Structures. The
following uses may b~ permit{ed subject to t~e provisions
of Sections 14 and 22I of this Ordinance as follows:
(1) Churches, schools and child care
centers.
(2) Civic and cultural facilitios..
(3) Recreational clubs tn%ended to serve
the surrounding residential area.
.Ill[ 619
Section 23. RM-2 RESZDENTIAL MULTI-FAMILY 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 providing RM-2 dwelling accomodations in ac-
cordance with the policies and objectives of the
Comprehensive Plan.
Be
structures.
2. Permitted Uses and Structuros. 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 P~inc~pal...Uses and Structures.
'(1) ' Mu-i'ti-unit dwellings.
Permitt~d...A~.cessory Uses and Structures.
"(1) Customary accessory uses and
(2) Signs as permitted in Section 20 of
this Ordinance.
(3) A model home shall be permitted in a
residential zoned district in conjuction with the pro-
motion 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 the two (2)
year period.
(4) Non-commercial boat launching
facilities and multiple docking facilities.
C. Provisional Uses and Structures. The
following uses may be permitted 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. Minimum Off-Street Parkin9.
of this O~dinance.
As per Section 18
4. Minimum Lot Area Requirement.
acre.
One (1) net
5. Minimum Lot Width. One hundred fifty (150)
feet as meas'~red as the f~ont yard building line set-
back. ? ~, .~.
6. Minimum Yard Requirements. All'b~lding line
setbacks shall be 'com~u't~d by"~he following formula:
A. Required BuildinG. Line Setback: .6
Building Heigh~ + 28 ~ee6~' ' . -'
7. Distance Between Structures.
A. Between any two (2') principal structures on
the same parcel ther~ shall be provided a distance
equal to one.-half (%) the sum of their heights.
8. Minimum Floor Area of Princi~al Structure.
750 squarb feet"for each dWelling unit.
9. Maximum Height of Principal Structure. Two
hundred (~00) feet-above the finished grade of the lot.
10. Minimum Landscaped Area.
A. There shal~ 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 I3 of the Collier County
Code of Laws and Ordinances.
11. Minimum Area for Each Dwellin~ Unit. 4,500 square
feet. This may b~ 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 ground level floor. (Balconies,
roofs, screen enclosures, porches and balconies and other
similar portions of buildings shall not be included).
B. Parking structures except the ground 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.
The ~iling of the
12. Informational Requir..ements.
foll,)wing drawings '~nd data ~ill be required~ A. Site plan.
B. Typical floor plans..
C. Elevations (for all identical structures,
one typical elevation shall suffice).
116
~ata:
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 vegetation. (5) Parking area.
(6) Number of parking spaces.
(7) Indoor and outdoor recreation areas,
I ) I )
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 tho 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 rolativoly large tracts of land under unified
ownership or control. Although planned unit'developments
produced in compliance with tho terms and provisions of these
regulations may depart from the strict application of use,
setback, height, and minimum lot requirements of conventional
zoning regulations, the intent is to provide standards by
which flexibility may be accomplished, while maintaining and
protecting tho public in~erest, so thats
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 moro desirablo environmen~ may be accomplished
than would be possiblo 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 the present 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 wills
(1) permit large scale development (or redevelop-
ment) which features amenities and excellence in the form of
variations 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 Developments D~fined. A planned
unit deve'lcp~nt 'is h~r~b~ defined as a contiguous tract of
land not less than five (5) acres in size under unified
6:1.9
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 with appropriate commercial, institutional, industrial,
and public uses and activities as deemed necessary properly to
serve prescribed density and population levels for the 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 co~nunity.
3. Relation Of Planned Unlt Development. Requlations
To General Zoning{ SUbdivison Or Other Applicable Regulations:
Th'e prOVisi'~hs-Which foilOw shall applY'generall~ to the
creation and regulation of a].l PUD Districts, Where there are
conflicts between these special PUD provisions and general
zoning, subdivision, or 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 Dfstr'iC~s may hereafter be established
from designa"ted 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' Limitations: The'folloWing general requirements and
~imitations shall ~p~ly in PUD districts approved under the
terms and provisions of these regulations~
A. Unified Control~ All land included for purpose
of developmen~ 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
the proposed development, he will:
'119 "'
619 '%0
(1) do so in accord with:
(a) the Master Plan of development officially
adopted for the district;
(b) regulations existing when the amendment
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;
(2) provide agreements, contracts, deed restric-
tions, or sureties acceptable to the County for completion of
the undertaking in accord with the adopted Master 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) preceeding.
B. Master Plan: Any application for rezontng to
PUD shall be accompanied by a professionally prepared Master
Plan of the development 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 thG 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, sewer, and other
utility provisions; and
(g) the location and nature of all other
existing public facilities, such as schools, parks, fire stations,
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 dates, 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 pedestrian 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.
(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 planning process:
(a) an urban planner who possesses the
education and ~xpertence 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 Architects, together
with either:
(Z) a practi~lng 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 tima
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
of the planned unit development and hold a public hearing.
If deficiencies of maintenance sue 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
'ablu to maintain the common 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
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 Devel. opment: $~ecific Requirements,
Limitatio~nS~ And Standards. In addition to all general'
provisions and proceduros sot 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 ..pplications 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 Required. The minimum area required
for a planned unit development district containing only
residential uses shall be five (5) acres.
C. Character of the Site. Any proposed PUD site
shall be suitable for development in the manner proposed
without undue hazards to persons or property, on or off the
tract, from probability of flooaing, wind or water erosion,
subsidence or slipping of the soil, or subsidence of build-
ings or other structures or facilities. Condition 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.
(5,) Recreational facilities such as golf,
swimming, tennis, and country clubs.
I ] j )
(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 front on exterior
or perimeter streets.
(10) In a PUD of fifty (50) acres or,ore 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 classification and shall be included in any approval
of rezoning land to PUD classification.
E. Maximum Residential Densities Permitted.
(1) Maximum density 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 Comgrehensive 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 dividing the number of dwelling units by the
total gross development area.
F. Commercial Components. Commercial areas in
a given PUD d~strict 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 set out in Section 24 of this
Zoning Ordinance.
G. Minumum Lot Area and Fronta~e...Requirements
Within A 'PUD. No minimu~ loG'size or yards shall be required
~i[hin a PUG, except that frontage on dedicated 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:
'Il') '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 (%) the height of the building, but
in no case shall the distance be less than twenty (20) feet.
(3) Height Standards, The maximum heights for
any use shall not exceed the maximum height 'permitted in the
zone district the use most closely resembles.
I. Off-Street Parking and Off-Street Loading
Requirements. Off-Street p'arking ahd 6ffLs~e'e[ loading
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 ihClUde 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 the perimeter of the site
and street rights of way, driveways, offstreet parking areas,
III 61£
and offstreet loading areas shall not be counted in deter-
mining usable 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 shall 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 dcdication to public use for all projects
after a determination by the BCC that a public need exists
for such public facilities.
K. Site Plannin~-.E.xternal Relationships. Site
planning within a PUD district shall provide 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 plah for a pUD district shail'P~ovide 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
III 619
vehicles, but streets shall 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 provide access as
indicated, nor create unnecessary fragmentation of the
development into'small blocks, nor shall streets b~ so
laid out or constructed as to require excessive cuts or fills
or to interfere with desirable drainage in or adjacent to
the district. In addition, all major arteries as shown on
the Master Plan of Development shall be controlled access
facilities and the only vahicular access 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 Regulations.
M. Preservation and Protection of Desirable Natural
Historic or Archeolo~ical Features: Every effort shall be made
in the planning and development of' a PUD District to preserve
and protect desirable natural, historic, or archeological
features of the site, including trees and other vegetation
of 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. Si~n Limitation: Signs shall be in accordance
with Section 20 of this ordinance.
7. Utilities: It is intended that wi'~hin 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 th~ district
may be exempted from this requirement.
8. Procedures For Planned Unit Development Zoning:
Petitions' for rezoning to PUD shall be submitted and processed
as for rezoning amendments generally and in accordance with
the following special procedures:
A. Preapplication Conference: Prior to submitting
a formal appl~cati°n for rezoning '%o 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
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
conference should address, but not be limited to, such matters
as:
,. fiiF 1318
(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 appropriateness
of the proposed land use arrangement for the size and confi-
guration of property involved.
(4) The adequacy of open space areas in exist-
ence and as proposed to serve the development.
(5) The ability of the subject property and
of surrounding areas to accommodate future expansions, if
needed.
B. Application Materials~ In addition to infor-
mation generally required'for rez~ning applications, the
applicatn 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 tha 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~ Conferenco: Any application for
rezoning to PO'D, 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. Preheating con-
ferences may be held between the applicant and/or his
representatives and officials or representatives 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 other 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.
Ail such recommendations shall be supported by written,
stated reasons for the proposed change. The applicant shall,
in writing, indicate agreement to such recommendations, or
disagreement; if disagreeing, the applicant shall state in
writing the reasons therefore. All such responses by the
applicant shall be included in the record of the case.
'1
., · 128
I
D. Review by.Advisory B0a~ds: The Board shall
require revie~ 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 board may appear and
speak at the public hearings before the Planning Commission
and the Boards.
E. Hearin~ Before the Plannin~ Commission: Public
notice shall be given and''a pu61ic ~'~ring held before 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 required statements
as they may have been amended as a result of the preheating
conferences conducted pursuant to Section 24.5C herein.
F. Plannin~ Commission Recommendations. The Planning
Commission shall make wr'itten findings as herein set out and
shall recommend to the Board either approval of the PUD re-
zoning as 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) Adequacy 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 on'ly after consultation with the County
Attorney.
(3) Conformity of the proposed plannned 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
justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
G. Action by Boar~: Unless the application is
withdrawn by the applicant, 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 rezoning; or grant the PUD rezoning
with conditions or modifications. Such modifications shall be
stated with reference to the appropriate provision of these
regulations upon which they are based and the reasons there-
fore.
9. Effect of Planned Unit Development Zoning: If the
Board approves the proposed PUD rezoning, 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 hot 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 other County
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, or phase
thereof, has been approved and recorded.
10. Changes and Amendments. The Board uppn recom-
mendation by the Planning Commission, may approve minor
changes in the location, siting or height of buildings,
structures, and improvemtns 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 per~meter 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 PIan.
F. Change the intent of the Master Plan of develop-
ment as adopted.by the Board.
130
Section 25. RT-RESIDENTIAL TOURIST DISTRICT.
1. District Purpose. The RT Residen%~al Tourist
District is intend'~d to provide for tourist accomodations
and supporting facilities and multiple 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 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. (1) Mul~i-family dwellings.
(2) Hotels, 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 establishments,
eating or drinking establishments, dancing and staged
entertainment facilities, meeting rooms and auditoriums,
which 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.
C. Permitted Provisional Uses and Structures.
The following uses may be permitted"subject to the
provisions of Section 14 as follows:
(1) Churches and other places of worship.
(2) Marinas.
(3) Fraternal and social clubs, subject to
the provisions of Section 8.12 of this Ordinance.
3. Maximum Density Permitted.
A. The maximum density for transient hotel
and motel units and apartment hotels which do not have
cooking facilities in the dwelling units shall be thirty
(30) dwelling units per gross acre.
B. The maximum density for tansient 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 Width. One hundred (100) feet
average between front and rear lot lines.
6. Minimum Yard Requirements.
A. Depth of front yard Thirty (30) feet plus
one (1) foot for each two (2; feet of building height
over 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. Depth of rear yard - Twenty-five (25) feet
plus one (1) foot for each two (2) feet of building
height over fifteen (15) feet.
D. Minimum se?aration between principal
structures - Between any two (2) principal buildings
on the same parcel, there shall be provided a distance
equal to one-half (%) of the sum of their heights.
7. Minimum Floor Area for Each Dwelling Unit.
A. Resi~n6e'-'dwelling units and transient
dwelling units with cooking facilities - Five hundred
(5~0) square feet.
B. Transient dwelling units without cooking
facilities - Three hundred (300) square feet.
8. Maximum Height. Seventy-five (75) feet above
grade.
9. Minimum Off-Street Parking and Off-Street
Loadin9 Requirements. As required in Section 18 of
this Ordinance~
10. Minimum Landscaping Requirements. There shall
be provided two (2)'s~uare feet of landsc~'ped 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. Ltmi~tion on Signs.. As required in Section 20
of this Ordinance.
6'19
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, 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.
Golf Courses.
B. Permitted Acqessory Uses and Structures.
(1) Clubhouses, pro-shop, practice driving
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 Approval Requirements. Plans for the golf
course and all accessory uses shall L~ submitted 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 minimum
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.
(4) A site plan shall be provided showing
pertinent structure locations.
4. Ma~.imum Height. Thirty-five (35) feet above
the finished grade of the lot within 150 feet of any
district restricted to thirty (30) 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'Ordinance.
.)
Section 27. FVR - FISHING VILLAGE RESIDENTIAL DISTRICT.
1. District 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 facilities for
processing fishing catches. Because of the unusual
nature of these developments and the importance of the
tourist 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.
'(1) 'Single-family"~esiden'ce.
(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 Homes.
(5) Churches and other places of worship.
(6) Civic and cultural facilities.
(7) Transient lodging facilities.
(8) Fraternal, social and recreational
clubs.
B. Permitted Accessor_. y Uses and Structures.
'(1) 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 maintenance areas
and structures for fishing equipment, when used by the
residents of the principal use.
(4) Boat yard and'way when 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 p~'rmitted su6'ject to the provisions of section 14
of this Ordinance.
(1) All commercial uses permitted in the
GRC Commercial District.
(2) Fish loading and unloading, storage
and processing activities, provided 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. Minimum Lot Width. .
A. 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.
5. Maximum Lot Coverage_. Fifty (50) percent.
fee t.
feet.
6. 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)
7. Minimum Floor Area of Principal Structu~e'~
A. Sinqlehfamily ~e'sidence-'" 6'00 square feet.
B. Multi-dwelling residence- 400 square feet
per dwelling unit.
8. Maximum Height of Principal Structure.
five (45) feet.
Forty-
9. Minimum Off-Street Parkin.g.
A. As required in Section 18 of this Ordinance.
136
Section 28. MHSD - MOBILE HOME SUBDIVISION DISTRICT.
1. District Purpose. The provisions of this
district are intended to apply to an area which has
been designed specifically for the placement of mobile
homes for residential occupancy upon lots which
are owned by the residents thereon.
2. Permitted Uses and Structures. No building
or structure, or part thereof, shall ~e 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. Accessory Uses. Accessory uses and
structures customarily associatedwith mobile home
development, such as recreation facilities, administration
buildings, service buildings, utilities, and additions
which compliment the mobile homes.
C. Provisional Uses. The following uses may
be permitted subject 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 Approval Required. Plans for mobile home
subdivisiOn district shall be processed in the same
manner as regular subdivision plats. Mobile home sub-
division plats shall be recorded in the Collier County
Plat Book.
4. Minimum Lot Area.
A. Mobile Homes- 6,000 square feet.
5. Minimum Width.
A. Mobile Homes- Sixty (60) feet measured at
the front yard setback line.
feet.
Minimum Yards.
A. Depth of Front Yard-
Bi Depth of Side Yard-
C. Depth of Rear Yard-
Twenty-five (25) feet.
Seven and one-half (7%)
Ten ("10) feet.
7. Minimum Floor Area.
A. Mo~le home- Six hundred (600) square feet.
..%
8. Minimum Mobile Home Subdivision Size. Forty
(40) acres. Every mobile home subdivision shall have
a minimum of forty (40) acres of land, unless the pro-
posed development is within the bounds of public sewer
and water in which case then the minimum size shall be
twenty (20) acres.
9. Maximum Height. Thirty (30) feet above the
finished gk'ade of the lot. Accessory buildings limited
to twenty (20) feet above the finished grade of the lot.
10. Minimum Off-Street Parking. Two (2) spaces per
dwelling unit which must b~ located on the lot they are
intended to serve.
11. Minimum Number of Spaces Completed and
Ready for Occupancy Before First OccuPancy is Permitted.
Fifty (50) sPaces.
12. Compliance. Ail MHSD erected after the effective
date of this ordinance shall comply with all requirements
of this Ordinance. No MHSD that exists on the effectivo
date of this Ordinance shall be altered so as to pro-
vide a lesser degree of conformity with the provisions
of this section than existed on the effective date of
this Ordinance. Land already zoned MHSD which does not
meet the acreage requirement may be developed; however,
the development shall conform with all other provisions
of this Ordinance.
· ' : ";' 1 1R
( I ' t
I
Section 29. MtlRP-NOBILE IIOME RENTAL PARK.
1. Distri'ct Purpose. The provisions of this district
are intended to apply to managed mobile home rental parks,
in which lots may not be sold to individuals and on-site
management is provided.
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 follow:
A. Permitted Principal Uses and Structures
(1) Mobile Homes.
B. Permitted Accessory Uses and Structures-
Accessory uses and structures customarily associated with
mobile home parks, including patios, recreation facilities,
administration buildings, service buildings, and utilities.
C. Provisional Uses and Structures - The follow-
ing uses may be permitted su~'joct to the provisions of
Section 14 of this Ordinance
(1) Marinas, country clubs, yacht clubs.
(2) Civic or cultural facilities.
(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 the following
restrictions: Such establishments and the parking 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 reBiding
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 (10) 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.
(c) A visual buffer shall be provided
around the area of outside display adjacent to residential
1 ) I
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
shall be in addition to the requirements of the MHRP
District regulations.
(b) TTRV lots shall not be interspersed
with mobile home lots within the MHRP but shall be located
within a separate part of the MHRP which area is speci-
fically designated on the plans as being reserved exclusively
for TTRV use.
3. Plan Approval Requirements. Layout plans for a
mobile home rental park shall be submitted to the Director
and construction shall be in accordance with approved
plans and specifications.
4. Minimum Lot Requirements.
A. Min{mum size of lot or spaca - 4,000 square
feet.
B. Minimum lot width - 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 sea. back.
C. Depth of Rear Yard - eight (8) feat setback.
D. From exterior boundary of park or from any
required buffer area - ten (10) feet setback.
E. From public streets - twenty fiv~ (25) faet
setback.
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 following amount of
land or water shall be set aside and developed for recrea-
tional 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 water surface within the
park may be credited toward the r.equired 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
the following areas;
A. Parking area adjacent to the entrance and exit-
way areas, as may be required under Section 18 of this
Ordinance.
B. Mobile home rental pa~ks fronting on a highway
shall provide a~d maintain a clear area not less than
twenty (70) 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
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. Ail lots
within a mobile home rental park s~all have direct access
from an internal street. All 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 Parkiq~.
A. Two (~) spaces per dwelling unit shall be
provided, located within the boundaries of the mobile
home rental 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. Ail MHRP erected after th~ effective
date of this ordinance shall comRly 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 the provisions of this
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 this
Ordinance.
Section 30. TTRV-T~AVEL TRAILER-RECREATIONAL VEHICLE
PARK DISTRICT..
1. District Purposq. The provisions of this
district are intended to apply to trailer lots for travel
trailers and recreational vehicles not exceeding eight (8)
feet in wide% and not exceeding thirty (30) feet in length.
Such trailer lots are intended to accommodate travel
trailers, pick-up coaahes, 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, 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.
(1) Travel trailers, pick-up coaches, motor
homes, 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, &dministration
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 the 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 %o 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 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 p~rk.
(5) Travel trailer recreational vehicle
sales, subject to the following requirements:
(a) Such uses shall not occupy more than
five (5) percent of tke area of the park or one (1) acre,
whichever be smaller~
(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 shall be submitted to the Director and construction
shall be in accordance with approved plans and specifications.
4. Minimum Lot Requirements.
A. Minimum area of lot - 11200 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 of Front Yard - ten (10)" feet setback.
D. 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 structures - ten (10) feet.
6. Minimum Park Size. Every travel trailer recreational
vehicle park shall have mi'nimum of twenty (20) acres of
land.
7. Required Recreation Area. The following amount
of land or water shall'be set ~si'de 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 required recreation area,
except that at least fifty (50) percent of ~he required
recreation area shall be land area. '
8. Required Buffers. Visual screens are required in
the following 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 on a highway shall pro-
vide 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 landscape~ area of five ~(5) feet inside the entire
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 S~stem. All lots
within a TTRV park 'shall'have"direCt acce6s 'from an in-.
ternal street. All internal streets within the mobile home
park shall provid~ 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 Parkinq.
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. ~ompliance. Ail 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.
Section 31. CD-CAMPGROUND DISTRICT.
1. District Purpos~e. 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 ~hall 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. ~pecial Requirements.for Commercial Campground (CD).
All commercial campgrounds sh'all meet the following minim -
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,
including campsites, utility areas, natural areas, water
areas and other supporting uses.
D. Required Facilities:
(1) Sanitary facilities, incl~ding 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 provided
in sanitary facilities at all times.
(2) Potable water supply approved by the Col-
lier County Health Depar'tment with' & 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 campsite.
(7) One fireplace or cooking area per camp-
site.
4. Design' Standards.
A. 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 vegetativ~ cover will
be distributed at or between campsites. Such vegetation
shall be maintained in good healthy conditions at all times.
E. A vagetation screen or ornamental fence which
will substantially screen the campsites from view of public
rights-of-way and neighboring properties sha'll be pro-
vided around or near the perimeter or ~hat 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
semi-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.
5. Drainaqe...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. Ail 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. Ail campgrounds erected after the
effective date of this ordinance shall comply with all
requirements of this ordinance. No campground ~hat 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 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.
Section 32.
PC - PROFESSIONAL COMMERCIAL DISTRICT.
1. District Purpose. The provisions 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 S'h~ll 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) Business and pr0fes~t~nal 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., detectable
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.
(~) Accessory uses and structures customarily
associated with uses permitted in this district.
C. Pro~isional Uses and Structures. The fol-
lowing uses may 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
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 fron~ yar~ setbac~ line.
5. Minimum Yard Requirement~
A. DeP6h of ~ont Yard Fifty (50) feet plus
one (1) foot for each two (2) feet of building height
above fifty (50) feet.
B. Depth of Side Yard Twenty-five (25) feet
plus one (1) foot for each two (2) feet of building height
above fifty (50) feet.
C. Depth' of Rear Yard Fifty (50) feet plus
one (1) foot-for each two (2) feet of buitding height
above fifty (50) feet.
6. Minimum Floor Area of Principal Structure. One
thousand J(i~b~0) sq6are fee~ per bUilding On ~rouh'd
floor.
7. Maximum .~e~ht of Structures. None.
8. Minimum Off-Street Parkin~ and Off-Street
Loadin~ R~quiremen'ts. As required in section ].8 of this
Ordinance.
9. Minimum Landscaping Requirements. As required
in Sectio~ 19 of'"this Ordinance.
10. Limitations on Signs. As permitted in Section
20 of thi~ O~dinance]'
Section 33. CC - CONVENIENCE COMMERCIAL DISTRICT.
1. District Pur~0~e.. 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 the Land
Use Plan.
2. Permitted Uses and Structures. No building or
structure, or part ~he~eof~ J'~hall" be erected, altered
or used, or land or water used, in whole or in part,
for other than the following:
A. Permi%ted Principal Uses and St£uctures.
'Il) A~t6m~bile s'er~ice stations With0~t
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.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
appliances, shoe.
(16)
(17)
kenneling.
Food markets.
Hardware stores.
Ice cream shops.
Ice sales (not including ice plants).
Laundries, Self Service only.
Meat markets.
Post Offices.
Repair shops - radio, TV, small
Restaurants - not including drive-ins.
Veterinary clinics - No outside
B. Permitted Acce~.sory..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. Nona.
619
6. Minimum Yard Requirements.
A. Depth of front yard ~ Fifteen (15) 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
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 floor.
S. Maxi~.um H. ei~ht. Fifteen (15) feet above the
finished grade of the lot.
9. Minimum Off-Street Parking and Off-Street
~Loading R~quirements. As required in seCtiOn i8 of
this Ordinance.
10. Minimum Landscaping Requirements.
in Section 19 of'this Ordinance.
As required
11. Limitations on Signs.
20 of th~s ~rdinanCe.
As permitted in Section
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 Ordinance and shall
be arranged so that no unloading of trucks shall take
place at the front of the store.
15. Utility 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.
Section 34. GRC - GEh~ERAL RETAIL 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 or
structure, or part there~f,'sha'll ~e erected, altered or
used, or land or water used, in whole or in part, for
· other than the following:
A. Permitted PrinciRal Uses and Structures.
'~1) Antique' S~0~s.. ,
(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)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(l?)
or installation.
(18)
(19)
(20)
~21)
(22)
(23)
(24)
Awning Shops.
Bakery Shops.
Banks and Financial Institutions.
Barber and Beauty Shops.
Bath Supply Stores.
Bicycle Sales and Services.
Blueprint Shops.
Bookbinders.
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.
L
(25)
(26)
(27)
(28)
(29)
(30)
(31)
to Section 8.12.
(32)
(33)
(34)
(35)
(36)
(37)
(38)
installation.
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
Testing.
permitted.
(5O)
(51)
(52)
(53)
(54)
(55)
(56)
(57)
(58)
(59)
(60)
(61)
(62)
(63)
(64)
(65)
(66)
(67)
(68)
(69)
(70)
iii 619
Department Stores.
Drug Stores.
Dry Cleaning Shops.
Dry Goods Stores.
Electrical Supply Stores.
Florist Shops.
Fraternal and Social. Clubs - Subject
Funeral Homes.
Furnitures Stores.
Furrier Shops.
Garden Supply Stores.
General Offices.
Gift Shops.
Glass and Mirror Sales - Not including
Gourmet Shop.
Hardware Stores.
Hat Cleaning & Blocking.
Health Food Stores.
Hobby Supply Stores.
Hospitals.
~otels.
Ice Cream Stores.
Interior Decorating Showrooms and Office.
Jewelry Stores.
Laboratories - Film, Research and
Laundries, Self Service Only.
Leather Goods.
Legitimate Theatres.
Liquor Stores.
Locksmith
Marinas.
Markets, Food.
Markets, Meat.
Medical Clinics.
Millenery Shops.
Motels.
Motion Picture Theatres.
Museums.
Music Stores.
New Car Dealerships - Outside display
News Stores.
Office Supply. Stores.
Paint and Wallpaper Stores.
Pet Shops.
Pet Supply Shops.
Photographic Equipment Stores.
Service.
(71)
(72)
(73)
(74)
(75)
(76)
(77)
(78)
(79)
(80)
(81)
Pottery Stores ..... , ...... ~
Pri'nt~p,9.~-Pub~ish~g ~nd Mimeograph
Private Club.
Professional Offices.
Radio and Television Sales and Service.
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 kenneling.
(94) Watch and Precision Instrument Repair
Shops. '
B. Permitted Accessory....Uses and Structures.
Accessory uses and structures customarily associated'
with the uses permitted in this district.
C. Permitted Provisional Uses and Structures.
The following uses may be permitted subject to provisions
of Section 14 of this Ordinance:
(1) Shopping Centers - More than 25,000
square feet gross floor area on ground floor.
(2) Commercial Recreation - Outdoor.
(3) Drive-In Theatres.
3. Minimum Lot Area. None.
4. Minimum Lot Width. None.
5. Minimum Yard Requirements.
A. DePth Of Front Yard Setback - Fifteen (15)
feet in which no parking shall be allowed .nor any
merchandise stores 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'Setback - Twenty-five (25)
feet. No rear yard required for marinas.
I
619
6. Minimum Floor'Area of Principal Structure. One
thousand '(1,000) squ~re' f~e't' ~e'r bUilding on the ground
floor.
7. Maximu~ Heigh~. Thirty-five (35) feet above the
finished grade of the lot.
8. Minimum Off-Street Parkin~ and Off-Street
Loading R~q9lrements. ~s req'u'ire~ in SectiOn 18 of this
0rdinance.
9. Minimum Landscaping Requirements. As required
in Section--~J'f this Ordinance.
10. Limitation On Signs. As required in Section 20
of this Ordinance.
11. Merchandise Storage and Display. Unless
specifically permitted for a'gtv¢:n use, outside storage
or display of merchandise is prohibited.
155
Section 35. CI-COM~LERCIAL INDUSTRIAL DISTRICT.
1. District Purpose.. The provisions of this district
are intended to permit a range of commercial uses and
services not generally permitted in more restrictive
commercial districts. The CI District is intended to permit
inside storage and warehousing 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 and
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 in part, for
other than the following:
A. Permitted Principal Uses and Structures~
(1) All ~rincipal uses permitted in GRC District.
'(2) Aluminum Fabricators and Screening Shops.
(3) Assembling in Enclosed Building.
(4) Auction Houses.
(5) Bicy. cle Shops - Repair Only.
(6) Boat Sales - With outside storage.
(7) Body Shop - Mechanical Repair not asso-
ciated with New Car Dealers.
(9)
(10)
(ll)
(12)
(13)
and Boat Ways.
(14)
(15)
(16)
(17)
(18)
(19)
power saws, etc.
(2o)
(21)
(22)
(23)
(24)
(25)
(26)
Building Maintenance Service.
Building Supply.
Cabinet Shops.
Carpet Storage & Installation.
Car Wash.
Commercial Boat Houses, Boat Building,
Commercial Boat Storage - Non Waterfront.
Commercial Boat Yard.
Commercial Recreation - Outdoor.
Communications Equipment Repair.
Contractors Storage - Outside.
Equipment Rentals - Including Lawn mowers,
Feed and Grain Sales.
Fish Markets.
Furniture Refinishing Shops.
Gas Stations with Repair.
Gunsmith.
Lawn Maintenance Shops.
Linen Supply Shops.
,)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(3~)
(39)
(40)
(41)
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 Painting Shops.
Swimming Pool Maintenance Shops.
Used Car Lots.
Vehicle Rentals.
Warehousing.
Wholesaling and Storage
Wholesaling, warehousing, storage, or
distributing establishments and similar uses.
(42) Light manufacturing, 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 establishments 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 supplies, monuments, and simi-
lar uses.
(47) Service establishments catering to commerce
and industry including linen supply, freight movers, commun-
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.
619
(49) Medical clinic in connection only with
industrial activity.
(50) Miscellaneous uses such as express office,
telephone exchange, commercial 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, but 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 's~r'uctu'r'es 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.
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. Minimum Floor Area of Principal Structure.
square feet.
1,000
6. Maximum. ~eight of Structures. Thirty-five (35) feet
above the finished grade of the lot.
7. Minimum Off-Street Parking and Off-Street Loading
Requirements. See ~ction 18.
8. Minimum Landscaping_ Requirements. See Section 19.
9. Limitations on Sig.ns. See Section 20.
6:19
Section 36.
I-INDUSTRIAL DISTRICT.
1. Distr~ct Purpose'. The purpose of this district
is to permit industrial uses under such conditions of
operation as will protect residential and commercial uses
and adjacent industrial uses. The I 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 ~he needs and well-
being of the community.
The I District is intended to implement the Com-
prehensive Plan by permitting and encouraging industrial
uses which are compatible to'its policies and objectives.
(2)
(3)
(4)
(5)
parking garages.
(6)
2. Permitted Uses and Structures. No building or
structure, or part thereof, s~ail be erected, altered
or used, or land or water used, in whole or in part, for
other than the following:
A. Principal Uses.
(1) AirPortS and landing fields.
Body shops, mechanical repairs.
Building supply.
Clothing fabrication.
Commercial and private parking lots and
Contractors' equipment storage yards,
coal and wood yards or similar uses not otherwise contain-
ed in an enclosed building shall be fenced in accordance
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, storing, pro-
cessing, canning, packing, mining, extracting or similar
uses.
(10) Marinas, c6mmercial boat houses, commer-
cial boat storage, boat building, boat ways, boat yards and
commercial fisheries.
(11) Printing and publishing.
(12) Repair shops.
(13) Research and design labs.
(14) Restaurants.
B. Permitted Accessory 'Uses and Structures.
Accessory uses and structures customarily associated with
the uses permitted in this district including housing for
security guards.
C. Provisional Uses. The following uses may
be permitted subjec~,,~o the ~p~,~..i~ns of Section 14
of this Ordinance. ' Th~ foll'owfh~"u~s shall include but
not be limited to any other uses which in the opinion of
the Planning Commission is of a similar character as those
specified below:
(1) Manufacturing: Involving primary
production of the following products from raw materials:
asphalt, cement, charcoal and fuel briquettes, aniline
dyes, ammonia, carbide, caustic soda, cellulose, chlorine,
carbon black and bone black, creosote, hydrogen and oxy-
gen, 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 manufac-
turing; unless incidental to a principal use, turpentine,
matches, rubber, soaps, fat rendering.
(2) Processing: Involving the following:
nitration of cotton or other materials, magnesium foundry,
reduction, refining, smelting of metal or metal ores,
refining of petroleum products and by-products; curing
or tanning of raw, groen or salted hides or skins; melting
and alloying of metals; stockyards, junkyards, slaughter
houses, slag piles, and storage of fireworks or explosives.
(3) Restaurants including drive-ins and
drive-in theatres.
(4)' Wholesale storage of gasoline, liquified
petroleum, gas, oil, or other flammable liquids or gases,
but not located wi~lin five hundred (500) feet of the nearest
residential district.
3. Minimum Lot Requirements.
Area - None
Width - 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. Waterfront - 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 railrQ~d easement or right-of-way.
5. Minimum Floor Area of Principal Structures.
square feet.
1,000
160
6. Maximum Heiqht of Structures - Thirty-five
feet above the finished grade of the lob.
7. Minimum Offstreet Parkinq and Offstreet Loading
Requirements. See Section 18.
8. MinimUm Landscapin~ Requirements - See Section 19.
9. Limitations of Signs...- See Section 20.
10. Fence Requirements. A fence shall be of masonry
or wood, or other approved"'by .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 completely 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 8.1 6,
Fences, Walls and Hedges.
Section 37. A - AGRICULTURAL DISTRICT.
1. District Purpose. The A - Agricultural District
is intended to apply to those areas, the present or pro-
spective use of which is primarily agricultural, pastoral
or rural in nature.
This District is designed to accommodate 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 e'rected, altered
or used, or land or water used, in whole or in part,
for other than the following:
A. Permitted Principal Uses.
(1) Single Family Residence excluding
mobile homes except as permitted in 2B(2) an~ 2B(3).
(2) Hunting cabin subject to all building
codes and permits.
(3) Wildlife management areas, plant and
wildlife conservancies, refuges and sanctuaries.
(4) Agricultural activities, such as
field crops, horticulture, fruit and nut production,
forestry, ranching, bee-keeping, poultry and egg pro-
duction, 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.
B.Permitted Accessory Uses and Structures.
'(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 con-
nection with the agricultural uses is permitted on a
temporary basis only, not to exceed the duration of %he
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 providing that the
applicant is utilizing, for such agricultural use a tract
of ten (10) acres or more, except that part lying in
public road rights-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 any State highway right-of-way, or
five hundred (500) feet from any Federal highway right-
of-way line.
The mobile home must be removed at the termination
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 the 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 extend beyond the expiration date of the
building permit or the completion of the residence, which-
ever is the sooner.
Prior to the issuance of a final certificate
of occupancy, the mobile home or trailer must be removed
from the premises.
C. Provisional Uses and Structures.
(1)' Oil and gas explora~'°n a~'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) Sawmills, provided that no sawmill
shall be located closer than 1,000 feet from any Cognty,
State, or Federal property or highway right-of-way.
(6) Cemeteries.
(7) Sport race tracks and arenas
3. Minimum Lot Area.
A. Ail permitted or provisional uses unless
otherwise specified' 5 acres.
4. Minimum Yard Re~ulrement.
A. Depth of Front Yard - Seventy-five (75)
feet setback.
B. Depth of Side Yard - Ten (10) percent of
the width of the lot not to exceed a maximum requirement
of fifty (50) feet.
I )
C. Depth of Rear Yard - Seventy-five (75)
feet setback.
5. Minimum Lot Width. Three hundred (300) feet
as measured at th~ fro~t yard setback line of principal
structure
6. Minimum Floor Area of Principal Structure.
A. Hun~ih'~'"Cabin - Four hUndre~ '(40'0) square
feet.
B. Single-Family Residences - Eight hundred (800)
square feet.
7. Maximum Height of Principal Structure. Thirty
(30) feet above the ~fnished gr~de,'exCept for accessory
structures such as silos and windmills.
8. Signs. As permitted in Section 20.
,)
Section 38. E - ESTATES DISTRICT
1. District Purpqse: The provisions of this district
are intended to apply to an area of low density residences
in a semirural to rural environment, permitting all necessary
residential activities and limited agricultural activities.
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 in part, for other than the
following:
A, Permitted Principal Uses And Structures: Single
dwelling units which conform to the Collier County ~uilding
Code.
B. Permitte~ Accesory..Uses and Structures:
'(1) Accessory Uses and struc~ure~ w~ich 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 less than fifty (50} feet from any
lot line or closer than one hundred (100) feet to any exist-
ing residence located on adjacent property. No open feed
lot storage for animals shall be permitted.
C. Provisional Uses and Structuresz 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
~. Minumum Lot Area: .Two and one-quarter (2¼) acres
4. Maximum Lot Coverage: The combined area occupied by
all buildings and roofed structures shall not exceed ten (10)
percent of the area of the plot.
5. Minimum Lot Line Dimension: One hundred fifty (150)
feet as measured at the appropri'ate 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 feet.
C. Depth of Rear Yard Setback - Seventy five (75)
feet.
Minimum Floor Area Of Principal Structures:
A. One story residence - 1,000 square fee't.
B. Two story residence - 1,200 square feet.
8. Maximum Height Of Principal Structure:
feet above grade.
Thirty (30)
9. Signs: As permitted in Section 14 of this ordinance.
166
Section 39. ADMINISTRATION AND ENFORCEMENT: GENERALLY,
BUILDING PERMITS, CERTIFICATES OF OCCUPANCY~ SITE AND
DEVELOPMENT PLAN APPROVAL.
1. General. An administrative official to be known as
the Director, ~-~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 Coutny.
He shall investigate promptly complaints of violations,
reporting his findings and actions to complainants, and shall
use his best endeavors to prevent violations or to detect
and secure the correction of violations. If he finds that
any of the provisions 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 of illegal buildings or structures or
of illegal additions, alterations, or structural change~;
discontinuance of any illegal work being done; or shall
take any other lawful action authorized by this zoning
ordinance necessary to insure compliance wit}~ or to prevent
violation of this ordinance.
The Director shall 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 Buildi.nq Permits. The ~irector
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 regulations. No building permit shall
be issued by the Director for the erection, moving, addition
to, or alteration of any building 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 provided by this zoning
ordinance or unless he shall receive a written order from
a court of competent jurisdiction.
3. Application for ~l~ild~n.~ Permit. Ali applications
for building permits shali-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 o~ buildings already
existing, if any; the exact size and location on the lot of
the 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 violation of this"O~inanc~ to use or occupy, or to
permit the use or occupancy, of any building, premises,
or both, or part thereof hereafter erected, created, changed,
converted, or wholly or partly enlarged in ils use or struc-
ture 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 of Occupancy. A temporary
certificate of occupancy may be issued by the Director for
a period not exceeding six (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 occupants and the general
public.
6. Certificate of Occupancy: Records,' Violations.
The Director shall maintain a record of all certificates of
occupancy, and ~..copy shall be furnished to any person upon
request. Failure to obtain a certificate of occupancy as
required by this zoning ordinance shall be a violation of
this ordinance.
7. Construction and Use to be as Provided in
Applications; Status of Permi~ Issued in Error. Building
permits or 6e~tificates of occupancy issued ~ the knsis
of plans and specifications 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 Developm~.n~.Plan Approval.
A. Procedure. Where, by the terms of this zoning
ordinance, approval by the Planning Commission of a site
and development plan is required prior to the issuance of
a building permit, such site and development plan shall be
submitted to the Director. He shall circulate the site and
development plan for comment and criticism %e 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 departments, 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 pe~nit.
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 reco~endation 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
for which the application was to have been originally
considered.
B. Contents. The site and development plan
required to be 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 ownership and control of
the proposed development.
(2) Statement describing in detail the character
and intended use of the development.
(3) General location map, showing 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, common 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.
(8) 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, i~ any.
(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 additional 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. Planning Commission Action. In reaching a
decision as to w--~ e~he s~te and development plan as
submitted shall be approved or approved with changes, with
directions to the Director to issue building 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
with conditions, or to deny by the following 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 development and SufficienCy of conditions of
ownership or control, use, and permanent malntenanc~ 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) b~nsit.,y 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 Egress to the development and
proposed structures thereon, with.particular 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
Pmrkin~ and Offstreet Loadin~ Faciii"ties 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
)
and screening and landscaping.
(5) Sufficiency of Proposed Screens and Buffers
to preserve internal and external harmony and compatibili'ty
with uses inside and outside the proposed development.
(6) Manner of Drainaqe 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) Utilities, with reference to hook-in
locations and availabklit~-and capacity for the uses projected.
(8) Recreation Facilities and Open Spaces, with
attention to the stze, lOcati6n, and d~velopm~nt of th6 areas
as to adequacy, effect on privacy of adjacent and nearby
properties and uses within the proposed development, and
relationship to community-wide open spaces and recreation
facilities.
(9) General Site Arrangement, Amenities and
Convenience, with par~'ic~'lar reference to insuring 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 ordinance for the partic'ul~r use or activity
involved. ~
D. Effect of Site and Development Plan Approval.
Upon approval'"of a Site and ~evelopment plan' n'° buildin~
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. .Improvement of Property Prohibited Prior to Issuance
of Construction Permit. No site work, grading, improvement
of 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 Entr~. The Director shall enforce the
provision~ 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
Section 40. PLANNING COMMISSION: POWERS AND DUTIES
UNDER ZONING ORDINANCE.
1. Genera~ The Planning Commission, as created
under SectiOn 2v-~"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.
)~00~
)
)"
Section 41. BOARD OF ZOMING APPEALS: POWERS AND DUTIES.
1. Hearings~ Appeals; Notice. Appeals to the 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 mtays all pro-
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 and 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 £s alleged the're '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 Governing
Petitions; Procedures; Li~itatiOnsl To authOrize upon appeal
from the decision of the Director in specific cases such
variance from' the terms of this zoning ordinance as will
not be contrary to the public inte'rest 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
( I
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 Hearing. 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 for 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 speciai 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
be deemed a violation of this zoning ordinance.
(6) Limitations on Power to Grant Variances.
Under no circumstances 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 ti%ese regulations in the said zoning dis-
trict.
No non-conforming use of neighboring lands, structures,
or buildings in the same zoning district, and 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. .Spccial Authority of Board of Zoning Appeals
in Relation to Certain Non-Conforming Uses. If no
structural alteration~ are made, any non-c6nforming 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 the district than th.e 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 per-
mitting 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 Appeals; Reversin9 Decisi6n of Director. In exerCisi'ng
any of the above me.ntioned 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,
requirement, decision, or determination aS ought to be made,
and to that end shall have the powers of the Director from
whom the appeal is taken.
In matters of review, the concurring votes of ~ 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 Appea.~s Deci~ions. Review
of decisions of the Board of Zoning Appeals shall be as set
out in section 28-18 of the Collier County Code or Ordinances
and applicable law of Florida. (Sp. Acts. 67-1246 §18).
.)
619
Section 42. SCHEDULE 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 charges
represent the actual cost of required legal
advertising, postage, clerical, filing, and other costs
involved in the processing of applications and petitions.
The schedule of fees and charges
shall be posted in the office of the Director. The
charges listed may be changed by
resolution of the Board and are not subject to the pro-
cedure for amendment of this zoning ordinance set out
in Section 48.
Applications or petitions initiated officially by
Collier County by its duly authorized agencies or
officers 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.
ROM
619
Section 43. PROVISIONS OF ZONING ORDINANCE DECLARED TO
BE MINIMUM OR MAXIMUM REQUIREMENTS.
In their interpretation and application, the pro-
visions of this zoning ordinance shall be held to be
minimum or maximum requirements, as the case 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 restrictivQ covenant or deed, the
most restrictive or that imposing the higher standards
shall govern.
Section 44.
REMEDIES.
PENALTIES .FOR VIOLATION; RESORT TO OTHER
Violation of the provisions of ~his 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 architect, 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.
i ') ! )
Section 45. PROSECUTION UNDER PREVIOUS ZONING REGULATIONS.
Any prosecution arising from 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 as if such prior
zoning code', ordinance, or regulation had not been
superseded.
Section 46. SEPARABILITY CLAUSE.
Should any section or p~ovision of this zoning
ordinance be declared by a court of competent Jurisdiction
to be unconstitutional or invalid, 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.
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.
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 ordinance, may from
time to time be amended, supplemented, changed or
repealed. Procedures shall be as follows:
1. Initiation of Proposals for Amendment. A
zoning a~endment 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 rezoning 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.
All proposals for zoning amendments shall be con-
sidered first by the Planning Commission in %he manner
herein set out.
All proposals for zoning amendments shall be sub-
mitted in writing to the office of the Director, ac-
companied by all pertinent information required by
this zoning ordinanoe 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.
Notice Generally. No request for amendment
may c~nsidered by the Planning Com~ission 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 Propo~.ed Amendment Would Change
Zoning Classification of Land. In addition,' in the
case of an application"for the rezonin~ of land, a sign
shall be posted on the land which is %he subject of
the hearing at least fifteen (15) days prior to the
date of the public hearing by the Planning Commission.
(~ '1
619
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 TIlE REZONING OF
THIS PROPERTY FROM TO
WILL BE IIELD 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 Directoz 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 all
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, including
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 County.
4. Planning Commission Hearing and Report to
Board: Time Limits. The Planning Commission shall
}~old 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 rQcon~nendations
6i9
with the Board within eight (8) days or, lacking a
quorum, within fifteen' (15) days after the public
hearing before the Planning Commission.
5. Nature and Requirements of Planning Commission
Report. When pertaining to the rezoning of 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 follo%~ing, where
applicable:
A. Whether the proposed change 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 pattern;
C. The possible creation of an isolated dis-
trict unrelated to adjacent and nearby districts;
D. The population density pattern and possible
increase or overtaxing of the load on public facilities
such as schools, utilities, streets, etc.
E. Whether 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 %he proposed change will create
or ~xcessively 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 valuQs in the adjacent arQa;
L. Wh~ther 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 constitute
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 petition amendments
of this zoning ordinance', the Planning Commission
shall determine that:
A. That there are adequate existing community
facilities and services to accommodate any increase in
assigned residential density and/or additional permitted
uses in the requested zoning district and that any
extension of existing community facilities and
services to new areas will not result in "leap-frog"
growth. For the purpose of determining whether or not
a requested rezoning with its attendant increase in
assigned residential density and/or additional per-
mitted uses meets the foregoing requirements, each
petition will be reviewed and rated according to the
following standards:
RATING SYSTEM FOR DETERMINING AVAILABILITY OF
ADEQUATE EXISTING COMMUNITY FACILITIES AND SERVICES.
Water
(1) Municipal or County System
5 Points
(2) Franchised Systems and Special
Districts under County Control
(3) Private Central System
4 Points
3 Points
(4) Private Well
1 Point
(5) Other
0 Points
Sewer
(1) Municipal or County System or
Private System with Plant and
Collection System Dedicated to
County
5 Points
(2) Franchised Systems and Special
Districts under County Control
(3) Private Systems with Collection
Systems only Dedicated to County
(4) Private System
(5) Acceptable Septic Systems
4 Points
4 Points
3 Points
1 Point
(6) Other
0 Points
,)
Streets and tlighways
Proximity to Existing Arterial as Shown on
Master Circulation Plan, Figure 8.
(1) Direct Access
5 Points
(2) Within ½ Mile of Arterial via
an Approved Connector
3 Points
(3) Within 1 Mile of Arterial
1 Point
(4) Over 1 Mile of Arterial
0 Points
Drainage
(1) Approved by Water Management
Advisory Board
5 Points
(2) Not approved by Water Management
Advisory Board
0 Points
Environmental Compatibility
(1) Approved by Environmental
Advisory Council
5 Points
(2) Not Approved by Environmental
Advisory Council
0 Points
Fire
(1) Within Fire District' and within
2 Miles of Firehouse
5 Points
(2) Within Fire District and between
2 and 3 Miles of Firehouse
3 Point
(3) Within Fire District and over
3 Miles of Firehouse
1 Point
(4) Other
0 Points
Existing Community Park*, or Recrea-
tional Facility in Conjunction with
Public Schools.
(1) Within 1 Mile with bicycle path
sidewalks
3 Points
*For Definition See Page 189
187 .
Existing Community Park, or Recrea-
tional Facility in Conjunction with
Public Schools. (con't)
(2) Within 1 Mile without bicycle
path or sidewalks
2 Points
(3) From 1 to 2 Miles with bicycle
path or sidewalk
1 Point
(4) Other
0 Points
Elementary School
(1) Within 1 Mile of Existing
School with Bicycle path or
Sidewalk
5 Points
(2) Within 1 Mile of Existing
school without bicycle path
or sidewalk
4 Points
(3) Within 1 Mile of Existing
School site with bicycle
path or sidewalk
3 Points
(4) From 1 to 2 Miles of Existing
School with Bicycle Path or
Sidewalk
3 Points
(5) From 1 to 2 Miles of Existing
School without Bicycle Path
or Sidewalk
2 Points
(6) From 1 to 2 Miles of Existing
School Site with Bicycle Path
or Sidewalk
2 Points
(7) Other
0 Points
Mosquito Control
(1) Adjacent to existing spray area
(2) Within existing Mosquito District'
but not adjacent to existing
spray.area
2 Points
1 Point
Any petition recgiving a rating of 31 points shall
be determined to have existing community facilities and
services for the residential density and/or permitted
188
( !
619
uses of the requested'zoning district and shall not
be considered as leap-frogging.
The petitioner may provide all required existing
community facilities and services for the requested
rezone needs in any one of %he 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 such 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 WITH 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
thQ 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
dQsigned 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: "BikQ-to", "Drive-to" park.
Main Activity: Playground, ball fields, tennis
courts, etc.
189
~[C
7. Status of Planning Commission Report and
Recommenda~ions~ The report and recommendattOn~ of
the 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 Commission Report.
Upon receipt of'the Planning CommiSsion's report
and recommendations, the Board shall hold a second
public hearing with notice to bo 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
of three (3) members of the Board.
9. Failure of Board to Act. If a Planning Commission
recommendation is not legislatively decided within
ninety (90) days of the date of closing of the public
hearing by the Board, tho 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 Rezonin~ of Property.
A. Except ~hore the proposal for the ~ezoning
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 tho 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 th~ dat~ of such
action.
11. Waiver of Time Limits. .The time limits of su~-
section 10,B above may be waived by thre~ (3) affirmative
votes of the Board when such action is deemed necessary
to prevent injustice or to factlit&te the proper
development of Collier County.
190
( I ( f
12. Penalties for Violation: Resort to other remedies
Violation of the provisions of this Ordinance or
failure to comply with any of its requirements shall consti-
tute a misdemeanor, and any person or firm who violates
this Ordinance or fails to comply with any of its require-
ments shall upon conviction thereof be fined, or imprisoned,
or both, as provided by law. Each day such violation con-
tinues shall be considered a separato offense. 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.
13. Severability
It is the intention of the County Commission that
each separate provision of this Ordinance shall be deemed
independent of all other provisions herein, and it is
further the intention of the County Commission that if
any provisions of this Ordinance be declared to be invalid,
all other provisions thereof shall remain valid and
enforceable.
BE IT DECLAP~ED that an emergency exists and the
immediate enactment of this Ordinance is necessary,
therefore, notice requirements are waived and this
Ordinance shall take effect immediately upon its place-
ment in the United States mail to the Secretary of State.
PASSED ~4D DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida.
/";,4"? co, zsszo s
/ COLLIER COUNTY, FLORIDA~
.
Clerk,of Circuit Court
~/~/~/~ ~~~, , ~//~hOmas~P. Archer, Chairman
//~~'~~~d as to form and legality:
.././.,.'m:,'," ~Z~' ~ ~ _
.. ~{.r..) ;=..,:.. David Emerson Brue~r
.' ~ % .......... ,,,~ ',<...
, ~ · ... ,,... Collier County Attorney
, ..: .'S .,.~'.~x~.'>'
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· 8