5.04.00 - TEMPORARY USES AND STRUCTURES

Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting.

General. The County Manager or designee may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of the Code. Approvals for such requests shall be based upon, but not limited to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties.

(Ord. No. 10-23, § 3.DD)

5.04.02 - Interim Agricultural Uses

It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character.

No land authorized as an interim agricultural use to be used or used for agricultural uses or activities shall be rezoned to, converted to, or used for any nonagricultural use or development for at least 10 years after any new clearing of such land.

The inclusion of buildings and structures, other than wells, structures for conservation and drainage protection, and unpaved roads, is strictly prohibited.

The interim agricultural use of the premises which in any way attracts or invites access and use of the general public, or the use of such premises for any commercial activity other than that expressly permitted within the zoning district, is strictly prohibited.

The procedures for approval of an interim agricultural use are set forth in Chapter 10. The following criteria apply to all interim agricultural uses:

Interim agricultural uses may be permitted in any zoning district, except the rural agricultural district, for only the following agricultural activities: pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, aquaculture, and mariculture.

The grant of the interim agricultural use shall be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood or to adjoining properties, and shall not be otherwise detrimental to the public welfare.

Compliance with all elements of the GMP.

Compliance with all environmental regulations as identified in this Code or other County regulations and policies.

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.

Off-street parking and loading areas, where required, with particular attention to the items in subsection 5 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district.

Refuse and service areas, with particular reference to the items in subsections 5 and 6 above.

Utilities, with reference to locations, availability, and compatibility.

Screening and buffering with reference to type, dimensions, and character.

10.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district.

11.

Required yards and other open space.

12.

General compatibility with adjacent properties and other properties in the district.

13.

Any special requirements established in Chapter Two for the particular use involved.

14.

Any interim agricultural use shall expire 1 year from the date it was granted, unless extended by action of the BZA. If, by that date, the use for which the interim agricultural use was granted has not been commenced, an interim agricultural use shall automatically expire 2 years after the date of grant and must be reviewed by the BZA in order to be continued. Each subsequent renewal period shall be limited to 2 years and must be reviewed by the BZA at the end of each 2-year period in order to be continued.

A mobile home may be used as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following:

Receipt of a temporary use permit;

Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first;

Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and

The mobile home must be removed at the termination of the permitted period.

Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following:

Receipt of a temporary use permit;

The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like;

The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use;

The initial temporary use permit may be issued for a maximum of 3 years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities;

The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five (5) acres in size. Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations; and

A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line.

5.04.03 - Temporary Uses during Construction

During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shall be granted initially for a period not to exceed twenty-four (24) months in duration and may be renewed annually based upon demonstration of need and payment of a fee. A request for renewal shall be submitted to the County Manager or designee in writing thirty (30) days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses:

Temporary offices to be used for construction and administrative functions within the development.

Permits for temporary offices for single-family residential developments may be issued under the following circumstances:

Where the same developer or licensed building contractor performing the work has obtained a valid building permit to construct three or more homes in the same development.

Where a developer, owner-builder, or licensed building contractor performing the work has obtained a building permit for the construction of one single-family home which exceeds 2,500 square feet of air conditioned floor area and that a letter of justification of need is submitted to, and approved by, the County Manager or his designee (limited to one office).

The temporary offices shall be removed within 30 days of the issuance of a certificate of occupancy for the last home to have been issued a building permit.

Temporary administrative offices to be used in conjunction with a bona fide agricultural use in the agricultural zoning district when located in the area designated agricultural on the Future Land Use Map of the Future Land Use Element of the GMP.

Temporary classrooms on the site for existing nonprofit organizations, used to continue existing classroom activities, and in conjunction with an approved development order. Permits for such classrooms will be issued in conjunction with an approved site improvement plan.

On-site storage of equipment and construction materials for use on the development site only.

On-site mobile or manufactured home used as a temporary office or storage facility for persons engaged in the development of the site.

On-site mobile radio and television equipment and antennae.

On-site mobile or manufactured home for the use of a watchman or caretaker only.

On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects.

Off-site temporary parking on property which is located contiguous to the subject development, or would be contiguous except for a roadway that is not designated as a collector or arterial in the Traffic Circulation Element of the GMP, with the written authorization of the property owner.

Other on-site uses similar to the foregoing uses and determined by the County Manager or designee to meet the intent of Chapter 10.

Proposed temporary structures identified above require the submission of a conceptual site plan that addresses the requirements of Chapter 10.

5.04.04 - Model Homes and Model Sales Centers

Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts:

Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a subdivision, by the issuance of a temporary use permit.

However, a model center as a permitted use within a PUD, and not located within a dwelling unit or a temporary structure, such as a trailer, shall not require a temporary use permit.

Model homes and model sales centers located within residential zoning districts, a residential component of a PUD, the estates (E) zoning district, or the agricultural (A) zoning district, shall be restricted to the promotion of a product or products permitted within the zoning district in which the model home or model sales center is located and further subject to the following:

Model homes shall only be permitted for dwellings that have not been previously used as a residence.

A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities.

Model homes may be "wet" or "dry."

Model homes permitted as "dry" models (unoccupied by a sales office and/or representative) shall be limited to a conditional certificate of occupancy allowing the use of the structure as a model only, provided all required infrastructure is in place to service the unit.

Model homes permitted as "wet" models (occupied by a sales office and/or representative) shall not be occupied until such time as all required infrastructure is available to service the unit and a permanent certificate of occupancy has been issued.

Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with section 5.04.04(C).

Model homes occupied by a sales office and/or representative must have all required landscaping, parking, and handicapped access on site.

A temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Chapter 10 of this Code.

Model sales centers may be located in either a temporary structure, usually a mobile home, or a permanent structure which is either a residential dwelling unit or a non-residential structure. Temporary use permits shall be issued as follows:

A temporary use permit for a sales center in a temporary structure shall be issued initially for a period of three (3) years and may be renewed annually based upon demonstration of need.

A temporary use permit for a sales center in a permanent structure which is a residential dwelling unit shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Chapter 10 of this Code.

A temporary use permit for a sales center in a permanent structure other than a residential dwelling unit shall be issued initially for a period of three (3) years and may be renewed annually on demonstration of need.

Temporary use permits for model homes or model sales centers to be located within a proposed single-family development prior to final plat approval may be requested by the applicant and require:

Administrative approval of a plat and construction plans showing all required infrastructure for the lot(s) on which the model home or model sales center is to be located.

A site development plan (SDP) pursuant to Chapter 10.

A maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above.

The applicant shall provide documentation that all required utilities will be available to the subject site, and, where required, shall depict such utilities in detail on the SDP.

The parcels on which the models are located must abut a privately owned and maintained road, temporary in nature or permanently constructed to Collier County roadway standards.

The boundaries depicted on the preliminary subdivision plat shall be depicted on the SDP in order to ensure compliance with the applicable development standards in effect on the subject property.

Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents.

Temporary use permits for model units or units used for sales centers in multi-family projects shall not be issued prior to plat recordation and final approval of the project site development plan.

All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of section 5.04.04(C).

Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows:

In the case of a permanent structure which is a dwelling unit, a site improvement plan (SIP) per section 10.02.04 of this Code;

In the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP);

In the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan (CSP) which addresses the requirements of section 5.04.04(C),

A SIP, depending on the extent of the work required.

Temporary use permits for model homes to be located within a proposed single-family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to section 4.03.00, and a CSP which addresses the requirements of section 5.04.04(C) of this Code. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s).

10.

Temporary use permits for occupied (wet) model homes following subdivision approval shall require a CSP which addresses the requirements of section 5.04.04(C) of this Code. Temporary use permits for unoccupied model homes following subdivision approval shall require a CSP and shall be issued only in conjunction with an approved SDP or SIP for a model sales center which provides adequate parking to support the model(s).

All model home site plans shall adequately address the following standards:

Traffic circulation and safety within the site as follows: All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site.

Minimum parking requirements:

Four (4) parking spaces for the first model unit and one and one-half (1.5) spaces for each additional model unit (for dimensions see section 4.05.02 of this Code).

One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code).

All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved.

Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows:

One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas.

A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway.

Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in height and 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. No building permit is required for the sign.

Vehicular use areas shall be set back a minimum of ten (10) feet from the property line.

Lighting.

Sanitary facilities.

Fire protection.

Environmental impacts.

10.

Stormwater management.

11.

Any other requirements determined by the County Manager or designee to be necessary for the public health and safety.

(Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.EE)

5.04.05 - Temporary Events

Special Events.

Sales and Promotional Events.

A temporary use permit is required for temporary sales and/or promotional events on non-residential property, such as grand openings, going out of business sales, special promotional sales, sidewalk sales, overstock sales, tent sales, or other similar uses for sales and promotional events related to the principal activities in operation at the subject property, unless otherwise provided for in this section.

A temporary use permit for sales or promotional events shall meet the procedural requirements of Section 10.02.06 G.

In support of the proposed temporary sale or event, temporary signs, merchandise, structures, and equipment may be placed subject to approval of a site plan depicting same.

Temporary signage shall be subject to the restrictions set forth in section 5.04.06

ii.

All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the zoning district in which it is located.

iii.

A building permit may be required for the erection of temporary structures.

Temporary use permits for sales may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05 A.1.g. and 5.04.05 A.1.h. below.

Temporary use permits for sales shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in subsections 5.04.05 A.1.g. and 5.04.05 A.1.h. below.

Special event temporary use permits shall not be issued for undeveloped properties, with exception to pre-construction ground breaking events with a valid development order.

The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant.

The County Manager or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section.

Sports, religious, and community events.

A temporary use permit is required for sports, religious, community, or other similar events sponsored by profit, nonprofit, charitable, civil, or membership organizations, on lands not specifically developed and approved for such activities on a regular basis. The County Manager or designee may grant a nonrenewable temporary use permit of up to 14 days duration for such events.

Temporary use permits of this type may, in support of the use being permitted, include the placement of temporary signs, merchandise, structures and equipment, and a mobile home as an office, but not for residency.

Temporary signage shall be subject to the restrictions set forth in section 5.04.06

ii.

A building permit may be required for the placement and/or erection of temporary structures.

Temporary use permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the Board of County Commissioners via a public petition request.

The County Manager or designee shall accept, without fee, temporary use permit applications for sports, religious, community, or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large or a specific group of individuals. Two such events per calendar year per organization are eligible for this permit.

Special Event time limits.

The County Manager or designee may grant nonrenewable temporary use permits of up to 14 days duration, such that during any calendar year the sum total duration of all permits for such events for that location does not exceed 28 days.

For multiple occupancy parcels with 10 or more tenants the total duration of all such permits shall not exceed 42 days per calendar year.

Temporary use permits for special events may be extended up to an additional 4 weeks when approved by the Board of County Commissioners. Such approval may be subject to stipulations and additional constraints which shall be noted as conditions of the permit and the permittee will be required to sign a notarized agreement to abide by such conditions.

Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions.

Temporary use permits for seasonal sales may be issued only for the following seasonal/holiday related items:

Christmas trees.

Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district).

Pumpkins.

Temporary use permits for seasonal sales may be issued on improved or unimproved properties.

The applicant shall provide a notarized letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales.

Temporary use permits for seasonal and/or holiday sales may, in support of the use being permitted, include the placement of signs, merchandise, temporary structures, and equipment.

Temporary signage is subject to the restrictions set forth in subsection 5.04.06 A & B.

ii.

A building permit may be required for the erection of temporary structures.

Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one 2-day permit for such events during each 6 month period.

Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, from time to time, be called upon to allow certain uses for specific periods of time. After public hearing, the County Manager or designee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and/or requirements have been satisfied.

Bona fide 4-H Youth Development Programs. A non-renewable 16 week permit may be issued to allow for the keeping of up to 2 hogs, on Estates zoned property of 1.25 acres or greater, in preparation for showing and sale at the annual Collier County Fair.

Pastures shall be fenced and maintained. Any roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any residence on an adjacent parcel of land.

Structures, as described above, shall be maintained in a clean, healthful, and sanitary condition.

Once removed for showing and/or sale, the hog(s) shall not be returned to the property.

This permit may be revoked with cause.

(Ord. No. 10-23, § 3.FF)

5.04.06 - Temporary Signs

A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section.

The County Manager or designee may issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Growth Management Division.

Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit, and shall be removed on or before the expiration date of the temporary use permit authorizing said sign.

Standards applicable to all temporary signs.

Temporary signs and banners permitted by authority of this section shall not be placed within any public right-of-way.

Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists.

The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may display 1 on-site temporary sign; a second such sign may be displayed on a property having a second street frontage.

Absent specific standards to the contrary, temporary signs shall be located onsite and no closer than 10 feet to any property line.

Temporary signs and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in sign area or 8 feet in height.

Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height.

Temporary Sign Permit Types and Standards.

Temporary Events. A temporary use permit for a temporary event, issued per section 5.04.05., shall allow for the placement of temporary signage as classified and regulated herein.

A "sign only" temporary use permit may be issued for temporary ground signs and banners used to promote a sale, event, or activity not requiring a temporary event temporary use permit per section 5.04.05 of this Code. Such uses include, however are not limited to, study or course offerings, vacation camp, non-public indoor events, and sales events occurring within the confines of an established business.

"Sign only" temporary use permits will be allowed, regulated, and enforced as special event signs.

ii.

Time limits for "sign only" temporary use permits shall be the same as those for special events, see subsection 5.04.05 A.3.

Special event signs.

Special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place.

Seasonal sales signs.

Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted.

Grand Opening signs. A one-time 14-day nonrenewable grand opening sign only temporary use permit may be issued upon the opening of a new business, or the approved relocation of an existing business.

A current valid Collier County Business Tax Receipt or an approved Land Use and Zoning Certificate (Non-Residential) may serve as evidence of the new business, or location, opening.

A separate permit is not required for a grand opening sign if being placed in conjunction with a special event temporary use permit issued per subsection 5.04.05 A.1.

A grand opening sign temporary use permit may be obtained only within the first 3 months of establishing a new business or location.

A grand opening sign is limited to an anchored banner.

A "sign only" temporary use permit for a grand opening sign shall be exempt from the annual time limitations identified in subsections 5.04.05 A.3.a. and 5.04.06 C.1.a.ii.

"Coming Soon Signs." A onetime non-renewable temporary use permit may be granted, for a coming soon sign located within a non-residential zoning district, subject to the following:

As applied in this section, a coming soon sign is defined as a ground sign used to inform the public of the intended opening of a new business.

A temporary use permit for a sign shall not be issued until the applicant has applied for a building permit for the principal structure.

The temporary use permit number shall be placed at the base of the sign not less than ½ inch from the bottom.

The sign shall not be displayed for a period more than 6 months from the issuance of the temporary use permit or until the issuance of a permit for the permanent sign, whichever occurs first. The non-refundable fee for this temporary use permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division.

Temporary business identification signs. A temporary use permit allowing for the temporary placement of a sign solely for the purpose of displaying a business name for an existing business undergoing a permitted renovation, remodel, or repair that would require the temporary removal of an existing legally conforming sign.

As applied in this section, the sign must be constructed of wood, plastic, or other similar material, may not be a banner sign, and is limited to 16 square feet.

If placed in a shopping center or multiple occupancy building, the temporary sign for each business must be of similar color, lettering, and style.

The sign may be affixed to the building or free-standing in front of the building so long as the sign does not obstruct or interfere with pedestrian or vehicular traffic, parking or fire lanes, or access to adjacent units.

The sign may remain in place for no longer than 120 days, until construction has been completed, or a permanent sign is installed, whichever occurs first.

Temporary sign covers. A non-renewable temporary use permit is required to erect a temporary sign cover over an existing sign unless otherwise provided herein. Temporary signs shall be allowed subject to the restrictions imposed by this section.

A sign cover made from white vinyl or canvas may be authorized for an existing ground or pole sign for 120 days, or when the permanent sign is installed, whichever occurs first, after which time the cover shall be removed, regardless of whether or not the sign face has been replaced.

Election and Referendum signs. Signs for elections and referendums shall be permitted subject to the following requirements:

A bulk temporary permit shall be obtained prior to the erection, installation, placement, or display of signage before elections and referendums. The fee for the bulk permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division.

The bulk permit number shall appear on every sign or on the pole supporting the sign.

All signs for which the permit is issued shall be removed within 7 days after the event. Each sign not removed within the required time shall constitute a separate violation of this Code. The permittee will be subject to issuance of a citation for each violation from the Collier County Code Enforcement Board.

Signs erected within residentially zoned or used property shall not exceed 4 square feet in area and 3 feet in height, and shall be located on-site and no closer than 5 feet to any property line.

In all other zoning districts such signs shall not exceed a maximum sign area of 32 square feet and 8 feet in height, except when affixed to the surface of a building wall, and shall be located no closer than 10 feet to any property line. The quantity of such signs shall be limited to 1 sign for each lot or parcel per bulk permit issued.

(Ord. No. 09-55, § 3.A; Ord. No. 10-23, § 3.GG)

5.04.07 - Annual Beach Events Permit

The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit. The County Manager or designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended.

For purposes of this section, a "beach event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria:

The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or

The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or

The event:

(a)

Is attended by 25 or more people and is organized by or with the help of the commercial property owner; and

(b)

Is of a nature not commonly associated with the day-to-day use of the beach by the general public.

Notice of scheduled events:

On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all beach events scheduled for the following month, in the form and content made a part of the annual beach events permit application. The notice shall indicate the date, time and duration of each event.

If a beach event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the county with a separate written notice at least 48-hours prior to such event.

All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well.

Event cancellations and postponements:

If a scheduled beach event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the county staff a minimum of four hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided.

If a beach event is canceled or postponed, and no other beach events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of beach events authorized by the permit.

Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations:

All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.07(C).

Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or beach raking or mechanical cleaning activity for any particular beach event shall commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed.

Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable state permit.

Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.06 I.

Consistent with section 10.02.06, all materials placed on the beach for the purpose of conducting permitted beach events: 1) must be removed from the beach by no later than 9:30 p.m. of the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit.

All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event.

Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 5.04.07, as part of its daily sea turtle monitoring.

Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three inches shall be subject to the approval of the FDEP and Collier County.

A copy of all notices required by any permit or these regulations must also be provided by the permit holder to the County Manager or designee.

Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements.

Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties, except that the annual beach events permit may not be suspended or revoked:

Violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation.

Violations which occur during sea turtle nesting season and are:

Any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitoring; 2) failing to remove beach event materials from the beach by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by section 5.04.06; are subject to the following penalties:

First violation: $1,000.00 fine.

Second violation: $2,500.00 fine.

Third or more violation: $5,000.00 fine.

Any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the county of a beach event; 2) failing to provide the county with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500.00 fine.

(Ord. No. 05-27, § 3.CC; Ord. No. 09-55, § 3.B; Ord. No. 10-23, § 3.HH)

5.04.08 - [Reserved]

(Ord. No. 10-23, § 3.II)