5.05.01 - Businesses Serving Alcoholic Beverages

A.

Sale of alcoholic beverages. The County Manager or designee, may authorize the sale of alcoholic beverages for consumption on-site, subject to compliance with all zoning restrictions and the following locational criteria:

1.

No such use shall be located within 500 feet of any established elementary, middle, or high school, child care center, public library, church, public park, or public playground. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park, or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment.

2.

No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existing establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment.

3.

The erection of any school, child care center, public library, church, public park, or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on-site shall not cause such establishment to become nonconforming.

4.

The County Manager or designee approval for the sale of alcoholic beverages for consumption on-site, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void:

a.

In the case of an existing structure, zoning approval shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this section, operation shall be defined as the sale of alcoholic beverages in the normal course of business.

b.

In the case of a new structure, zoning approval shall expire one (1) year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the County Manager or designee may grant one (1) extension for up to six (6) months.

5.

The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10.

6.

The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on-site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors:

a.

The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way.

b.

The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground.

c.

The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages.

d.

Procedures for the waiver of distance requirements are set forth in Chapter 10.

7.

The following uses shall be exempt from the requirements of section 5.05.01

a.

Any restaurant deriving at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages.

b.

Any motel and/or hotel with 100 or more guestrooms.

c.

Any private club, golf club, country club, or civic or fraternal club may serve alcoholic beverages for consumption on-site when such service is incidental to the main use and for the exclusive use of the members, tenants, and/or guests of the facility.

8.

Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages.

5.05.02 - Marinas

A.

The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities.

B.

Proposed developments will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories:

1.

Education and public awareness.

2.

Posting and maintaining manatee awareness signs.

3.

Information on the type and destination of boat traffic that will be generated from the facility.

4.

Monitoring and maintenance of water quality to comply with state standards.

5.

Marking of navigational channels, as may be required.

C.

A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on-water travel distance of five (5) miles is considered the sphere of influence.

1.

A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)).

2.

A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area.

3.

A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area.

4.

The exact areas will depend on site specific data gathered during the site development process reviews.

5.

Table of Siting Criteria

¹For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted.

D.

Allowable wet slip densities.

1.

Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed.

2.

Moderate developmentsites. New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited.

3.

Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited.

E.

If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic.

F.

Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code.

(Ord. No. 05-27, § 3.FF)

5.05.03 - Farm Labor Housing

A.

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 intended that housing under this section shall be erected only in the rural agricultural district and only when such housing meets the requirements and procedures of this section. It is the intent of this section that housing for farm labor shall be in the nature of a planned development, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of the health, safety, and general welfare of the farm laborers and the general public.

B.

The following housing types are permitted as farm labor housing, either as principal buildings or accessory buildings:

1.

Single-family dwellings.

2.

Mobile homes.

3.

Duplexes.

4.

Multiple-family dwellings.

5.

TTRVCs.

C.

In addition to uses and structures that are accessory and incidental to farm labor housing uses, the following specific accessory uses are permitted:

1.

Caretakers' residences.

2.

Child care centers.

D.

No construction for the housing of farm labor shall be erected until a SDP has been approved.

E.

Standards.

1.

Farm labor housing shall be set back a minimum of 1,000 feet measured from the nearest point of construction to any state, federal, or County highway right-of-way line.

2.

No on-site farm labor housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or ten (10) acres, whichever is less. Off-site farm labor housing for laborers shall have a land area of not less than one (1) acre nor more than ten (10) acres.

3.

Streets shall be surfaced with a hard dustless material.

4.

At least 300 square feet shall be provided for each lot or dwelling unit for open space and recreation area.

5.

Certification required by chapter 10D-25, F.A.C., as a migrant labor camp shall be required.

6.

Table of Dimensional Standards.

5.05.04 - Group Housing

A.

All group housing structures shall meet the following requirements specified for each type of structure. All proposals for group housing, except family care facilities, shall be processed with a SDP.

B.

A family care facility shall be treated as a single-dwelling unit for the purpose of determining applicable development standards and, therefore, shall conform to the standards identified for a single-family dwelling unit or mobile home in the zoning district assigned to the property, as well as other applicable standards found in this Code. However, a new family care facility shall not be located within a radius of 1,000 feet of another existing family care facility.

C.

Table of site design standards for category I and category II group care facilities:

D.

All other care housing environments as defined in this Code, including, but not limited to, care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district.

1.

The maximum floor area ratio shall not exceed 0.45.

2.

No structure shall be erected within twenty (20) feet of any abutting lot or parcel which is zoned residential, nor within twenty-five (25) feet of a road right-of-way.

3.

Parking spaces required:

a.

Independent living units. One (1) per dwelling unit.

b.

Assisted living units. 0.75 per assisted unit.

c.

Nursing care units. Two (2) parking spaces per five (5) beds.

4.

The procedures for applications and review of proposed group care facilities are set forth in Chapter 10.

5.05.05 - Automobile Service Stations

A.

The purpose of this section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with service stations, particularly those open twenty-four (24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of automobile service stations.

B.

Table of site design requirements:

C.

Building architecture and signage requirements.

1.

Building architecture shall meet the requirements of section 5.05.08

2.

Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps.

a.

Window, Wall, and other signs: As allowed in Section 5.06.00 of this Code.

b.

All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures.

c.

One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet.

d.

Signage is prohibited above gas pumps.

D.

The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering.

1.

Right-of-way buffer landscaping:

a.

Landscaping adjacent to rights-of-way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty-five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted.

b.

An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms.

c.

The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the right-of-way buffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty-five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below).

d.

All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one-half (3½) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (10) gallon, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center.

2.

Landscaping adjacent to all other property lines:

a.

Side property boundaries (other than those adjacent to rights-of-way) shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering.

b.

Rear property boundaries (other than those adjacent to road rights-of-way) shall be planted with a single row hedge. The hedge shall be a minimum height of four (4) feet at planting, planted at three (3) feet on center, and shall be maintained at a height of five (5) feet.

c.

Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas.

Illustration 1. Auto Service Station R.O.W. Landscape Requirements

E.

Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed six (6) foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall.

1.

The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors:

a.

Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a four (4) lane arterial or collector right-of-way.

b.

Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, gasoline, and other convenience items during daytime, nighttime, or on a twenty-four (24) hour basis.

c.

Whether the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way.

d.

Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses.

F.

Lighting.

1.

All lighting facilities shall be directed away from adjoining properties.

2.

On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed a height of greater than twenty (20) feet above finished grade.

3.

Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy.

G.

All restrooms shall be located inside or to the side or rear of the building.

H.

As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated with the design of the service station shall be provided.

I.

Storage tanks shall be located below grade.

J.

There shall be no outside displays of products, stacking of tires, or other merchandise.

K.

No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as 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.

L.

Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of the principal structure, if applicable. The color of all structures on-site shall be of soft earth tones or pastels.

M.

Each automobile service station shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies.

N.

In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated:

1.

Sales and servicing of spark plugs, batteries, distributors, and distributor parts.

2.

Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires.

3.

Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like.

4.

Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like.

5.

Providing and repairing fuel pumps and lines.

6.

Minor motor adjustments not involving removal of the head or crankcase.

7.

Greasing and lubrication.

8.

Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation.

9.

Provision of road maps and other information.

10.

No mechanical work shall be allowed outside of the enclosed areas.

11.

Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building.

12.

Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop.

13.

The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or if the vehicles have been towed by the service station and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days.

14.

Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district.

O.

Procedural requirements are set forth in Chapter 10.

P.

Exceptions:

1.

The site design standards set forth in 5.05.05 B. (table) shall not apply to, nor render non-conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998.

2.

The site design standards set forth in 5.05.05 F.—M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code.

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

5.05.06 - Private Airports

A.

The applicant must control the airspace within 700 feet from the ends of the primary surface(s). The control is to prevent any airport hazards from being grown, erected, or otherwise placed within a glide path of twenty (20) to one (1) from the ends of the primary surface. This control may be created by ownership, right-of-way, easement, or a combination thereof.

B.

The setback for the primary surface shall be 200 feet.

C.

Other structures must conform with setbacks of the underlying district; however, they may not be placed within fifty (50) feet of the primary surface.

5.05.07 - Townhouse Development

A.

Table of site design standards:

A = Zero (0) lot line; otherwise ten (10) feet for principal structures, or one-half (½ the height of the sum of the walls facing one another, whichever is greater.

5.05.08 - Architectural and Site Design Standards

A.

Purpose and Intent.

1.

The purpose of these standards is to supplement existing development criteria in order to complement, enhance and enrich the urban fabric of Collier County with an abundant variety of architecture. The development of a positive, progressive and attractive community image and sense of place is vital to the economic health and vitality of Collier County.

2.

Among the recurring details that are present in the architecture of Collier County include, but are not limited to, the following:

a.

Elements of Mediterranean design employing sloped barrel tile roofs, arcades and stucco;

b.

Old Florida design with wide verandas, metal roofs and lap siding;

c.

Modern International; and

d.

Various traditional historic references to Colonial, Bermuda and Island forms.

3.

Building design contributes to the uniqueness of the project area and the Collier County community with predominant materials, design features, color range and spatial relationships tailored specifically to the site and its context.

4.

While architectural embellishments are not discouraged, emphasis on scale, massing, form-function relationships, and relationship of the building or buildings to the site and surrounding context is strongly encouraged. Recognition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the building is strongly discouraged.

5.

These standards and guidelines are intended to result in a comprehensive plan for building design and site development consistent with the goals, policies and objectives of the Collier County Growth Management Plan ("GMP") and the purpose and intent of the Land Development Code ("LDC"). These regulations are intended to promote the use of crime prevention through site design principals, including visibility-site lines for law enforcement as well as the general public.

6.

To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community, all buildings must have architectural features and patterns that provide visual interest from the perspective of the pedestrian, reduce building mass, recognize local character, and respond to site conditions. Facades must be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls. Facades must provide, through the use of detail and scale, visual interest that is consistent with the community's identity and character. Articulation is accomplished by varying the building's mass, in height and width, so that it appears to be divided into distinct elements and details.

B.

Applicability. The provisions of section 5.05.08 apply:

1.

To all new buildings and projects submitted on or after November 10, 2004 in the zoning districts set out below. At the applicant's request, projects submitted between November 10, 2004 and January 2, 2005 may be reviewed for compliance with the requirements of section 5.05.08 as they were set forth in the LDC before November 10, 2004.

a.

Commercial zoning districts.

b.

Non-residential PUD districts, and non-residential components of any PUD district.

c.

Business park districts.

2.

To non-residential buildings and projects submitted on or after November 10, 2004 in any zoning district, but only when the following conditions exist:

a.

The project site is located on an arterial or collector road, as described by the Traffic Circulation Element of the GMP, or

b.

A proposed building's footprint would be located within 300 feet of the boundary of a residentially zoned district.

3.

To all renovations and redevelopment, including applicable additions of a building or site, as follows, except that "renovation" is not intended to apply to routine repairs and maintenance of an existing building:

a.

Any addition or renovation of an existing building or project including vehicular use area (i.e. - approved for use and occupancy as of November 10, 2004) that will result in a change to the exterior of the building or site such that in the case of:

i.

A building facade renovation where such addition, renovation, or redevelopment exceeds 50 percent of the wall area of an existing facade, that entire facade must comply with the standards of Section 5.05.08

ii.

An addition or renovation to, or redevelopment of, an existing building or project, where the cost of such addition, renovation, or redevelopment exceeds 50 percent of the assessed value of the existing structure(s), or would exceed 25 percent of the square footage of the gross area of the existing structures, the existing building(s) and the site improvements must conform with the standards of Section 5.05.08

iii.

Upon repainting an existing building, the colors to be applied must comply with Section 5.05.08 C.13. Materials and colors.

4.

Abandonment or discontinuance of use.

a.

Buildings or projects that are abandoned (i.e. - their existing use ceases) are subject to this Section notwithstanding Section 9.03.02 F.:

i.

Where the use of a structure, building or project ceases for any reason, except where government action impedes access to the premises, for a period in excess of one year, the provisions of Section 5.05.08 apply before re-occupancy. Compliance with this Section may require structural alterations.

ii.

The site design standards of this Section apply where the use of a structure ceases for any reason, except where governmental action impedes access to the premises for a period of more than 180 consecutive days.

5.

Public utility ancillary systems in Collier County are not required to meet the provisions of this Section provided that a building containing any of these uses shall not have any wall planes exceeding 35 feet in length, excluding storage tanks, or have an actual building height greater than eighteen (18) feet, excluding storage tanks and communications equipment. Fences and walls surrounding public utility ancillary systems must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08. D.1.

C.

Building design standards.

1.

Building Facades. All facades of a building must be designed with consistent architectural style, detail and trim features.

a.

In case of buildings located on outparcels, and freestanding buildings within a unified plan of development, all exterior facades shall adhere to the requirements of this Section with respect to architectural design treatments for primary facades. (See Section 5.05.08 C.9. Outparcels and freestanding buildings within PUD and common ownership developments for additional design standards).

b.

Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features, such as corner towers, corner entrances, or other such features, to emphasize their location as gateways and transition points within the community.

2.

Primary facade standards.

a.

Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street.

b.

Ground floor. Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length. These features include, but are not limited to: arcades; display windows; entry areas; or other similar design elements.

c.

Design features. The design of primary facades must include, at a minimum, two of the following design features:

i.

Glazing covering a minimum of 30 percent of the primary facade area, consisting of window and glazed door openings.

ii.

Projected or recessed covered public entry providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings.

iii.

Covered walkway, or arcade (excluding canvas type) constructed with columns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 60 percent of the length of the associated facade.

iv.

Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings.

v.

A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings.

3.

Facade/wall height transition elements.

a.

Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment.

b.

Applicability. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building.

c.

Design standards.

i.

Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten feet above the existing grade.

ii.

Transitional massing elements must be incorporated for a minimum of 60% of the length of the facade, which is in part or whole within the 150 feet of an existing building.

iii.

Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements:

a)

For buildings 40,000 square feet or larger in gross building area, projections and recesses must have a minimum depth of ten feet.

b)

For buildings between 20,000 and 39,999 square feet in gross building area, projections and recesses must have a minimum depth of eight feet.

c)

For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of six feet.

d)

For buildings up to 9,999 square feet in gross building area, projections and recesses must have a minimum depth of four feet.

4.

Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below.

a.

Projections and recesses.

i.

For buildings 40,000 square feet or larger in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation.

ii.

For buildings between 20,000 and 39,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 125 linear feet. Projections and recesses must have a minimum depth of eight feet within 125 linear feet limitation.

iii.

For buildings between 10,000 and 19,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation.

iv.

For buildings between 5,000 and 9,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation.

v.

For buildings less than 5,000 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 50 linear feet. Projections and recesses must have a minimum depth of three feet, and a minimum total width of 20 percent of the facade length.

Illustration 5.05.08 C.4.a.-1

b.

Wall plane changes.

i.

Buildings subject to the projections or recesses depths required by 5.05.08.C.4.a must not have a single wall plane exceeding 60 percent of each facade.

ii.

If a building has a projection or recess of 40 feet or more, each is considered a separate facade, and must meet the above requirements for wall plane changes.

Illustration 5.05.08 C.4.b.-1

5.

Project Standards.

a.

An applicant must submit architectural drawings and a site development plan or site improvement plan according to Section 10.02.03 Site Development Plans of this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed building, all elevations of each proposed building at a minimum of 1/8" scale, a color rendering or elevation, color paint chips, and roof color paint chip(s) or sample.

b.

Architectural drawings must be signed and sealed by the licensed Architect who is responsible for preparing the drawings, and who is registered in the state of Florida as set forth in Chapter 481, of the Florida Statutes.

c.

Building design treatments. Each building facade must have at least four of the following building design treatments:

i.

Canopies, porticos, or porte-cocheres, integrated with the building's massing and style,

ii.

Overhangs, minimum of three feet,

iii.

Colonnades or arcades, a minimum of eight feet clear in width,

iv.

Sculptured artwork,

v.

Cornice minimum two feet high with 12 inch projection,

vi.

Peaked or curved roof forms,

vii.

Arches with a minimum 12-inch recess depth,

viii.

Display windows,

ix.

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design,

x.

Clock or bell tower, or other such roof treatment (i.e. dormers, belvederes, and cupolas),

xi.

Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet,

xii.

Emphasized building base, minimum of three feet high, with a minimum projection from the wall of two inches,

xiii.

Additional roof articulation above the minimum standards,

xiv.

Curved walls,

xv.

Columns,

xvi.

Pilasters, or

xvii.

Metal or tile roof material.

xviii.

Expressed or exposed structural elements.

xix.

Additional glazing at a minimum of 15% beyond the code minimum requirement.

xx.

Solar shading devises (excluding awnings) that cover a minimum of 50% of the building facade.

xxi.

Translucent glazing at a minimum of 15% beyond the code minimum glazing requirement.

xxii.

Glass block at a minimum of 15% beyond the code minimum glazing requirement.

d.

Site design elements. All projects must have at a minimum two of the following:

i.

Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a minimum of 100 square feet;

ii.

Integration of specialty pavers, or stamped concrete along the building perimeter walkway. This treatment must constitute a minimum of 60 percent of walkway area;

iii.

Two accent or specimen trees, above the minimum landscape code requirements, for every 100 feet of the front facade and a minimum of two for the rest of the project with a minimum height of 18 feet at planting; or

iv.

Site sculptures.

6.

Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum glazing required for primary facade.

7.

Overhead doors.

a.

Required screening. Overhead doors must not be located on the primary facades, unless sufficient screening is proposed. Sufficient screening is defined as a screening wall, with a minimum height of 90 percent of the overhead door height, or a landscape buffer achieving 75 percent opacity within one year. The placement and the length of these screening devices must block the view of the overhead doors from the street.

b.

Doors facing one another. Overhead doors facing one another may be treated as interior space, provided that:

i.

the buildings meet all other requirements of Section 5.05.08. of this code,

ii.

the distance between the doors facing one another is no greater than 50 feet; and

iii.

the view of the overhead doors is properly screened from the street.

8.

Detail features.

a.

The design elements in the following standards must be an integral part of the building's design and integrated into the overall architectural style. These elements must not consist solely of applied graphics or paint.

b.

Blank wall areas. Blank, opaque wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any primary facade. For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades. Control and expansion joints are considered blank wall area unless used as a decorative pattern and spaced at intervals 120 square feet per panel or less. The depth of the relief and reveal work must be a minimum of ½ inch, and a minimum width of 1½ inch and may be of a color that contrasts with the color of the wall.

9.

Outparcels and freestanding buildings within a PUD and common ownership developments.

a.

Purpose and intent. To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site.

b.

Primary facades. All exterior facades of freestanding structures, including structures located on outparcels, are considered primary facades, and must meet the requirements of this Section with respect to the architectural design treatment for primary facades - Section 5.05.08 C.2. Primary facade standards.

c.

Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter-connection between adjacent outparcels or freestanding sites and the primary structure.

d.

Primary facade standards. The following design features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary facade standards:

i.

Walls expanding the design features of the building, not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60% of the length of the associated facade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences.

ii.

Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area.

10.

Roof treatments.

a.

Purpose and intent. Variations in rooflines are used to add interest and reduce massing of large buildings. Roof height and features must be in scale with the building's mass, and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high-quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features.

b.

Roof edge and parapet treatment.

i.

For buildings larger then 5,000 square feet in gross building area a minimum of two roof-edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height, but no less than three feet. At least one such change must be located on a primary facade. One additional roof change must be provided for every 100 linear feet of the facade length.

ii.

Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the facades that are less than 200 feet. One roof edge, or parapet line change must be provided for every 200 linear feet of the facade length.

c.

Roof Design standards. Roofs must meet the following requirements:

i.

When parapets are used, the average height of such parapets must not exceed 15 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not, at any point, exceed one-third the height of the supporting wall.

ii.

When a flat roof is screened with a parapet wall or mansard roof at any facade, a parapet or mansard roof treatment must extend along the remaining facades.

iii.

When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements:

a)

Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof. This includes: clearstory windows, cupolas, dormers, vertical changes, or additional complementary colors to the color of the roof.

b)

The color(s) of a sloped roof must complement the color(s) of the facades.

d.

Prohibited roof types and materials. The following roof types and roof materials are prohibited:

i.

Asphalt shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better.

ii.

Mansard roofs and canopies, unless they meet the following standards:

a)

Minimum vertical distance of 8 feet is required for buildings larger than 20,000 square feet,

b)

Minimum vertical distance of 6 feet is required for buildings of up to 20,000 square feet of gross floor area, and

c)

The roof angle shall not be less than 25 degrees, and not greater than 70 degrees.

iii.

Awnings used as a mansard or canopy roofs.

11.

Awning standards. These standards apply to those awnings associated with and attached to a building or structure.

a.

Mansard awnings, which are those awnings that span 90 percent, or more, of a facade length and those, which do not provide a connection between facades, must adhere to all roof standards of Section 5.05.08. C.10. of this Code.

b.

All other awnings, which are awnings that constitute less than 90 percent of a facade length, and those that do not provide a connection between facades, must adhere to the following standards:

i.

The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sign standards of Sections 5.06.00, 9.03.00, 9.04.00 and 10.02.06 Signs of this Code.

ii.

The location of awnings must relate to the window and door openings.

c.

Automobile sales parking lot awnings. Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards:

i.

Shade awning structures must not be constructed within 75 feet of any public or private street.

ii.

Single shade awning structures must not exceed an area sufficient to provide cover to 20 automobiles or 3,240 square feet, whichever is greater.

iii.

The minimum separation between shade awning structures must be 100 feet.

iv.

Multi-colored shade awnings and the use of black or gray, florescent, primary and/or secondary colors are prohibited. Earth tone colors are encouraged.

12.

Entryway/customer entrance treatment.

a.

Purpose and intent. Entryway design elements are intended to give protection from the sun and adverse weather conditions. These elements must be integrated into a comprehensive design style for the project.

b.

Single-tenant buildings and developments. Single-tenant buildings shall have clearly defined, highly visible, customer entrances. The customer entrance shall meet the following standards:

i.

An outdoor patio area must be provided adjacent to the customer entrance, with a minimum of 200 square feet in area. The patio area must incorporate the following:

a)

Benches or other seating components.

b)

Decorative landscape planters or wing walls which incorporate landscaped areas, and

c)

Structural or vegetative shading.

ii.

Front entry must be set back from a drive or a parking area by a minimum distance of 15 feet.

c.

Multiple-tenant buildings and developments. Multiple-tenant buildings and developments must meet the following standards:

i.

Anchor tenants must provide clearly defined, highly visible customer entrances.

ii.

Shaded outdoor community space must be provided at a minimum ratio of one percent of the total gross floor area of all on-site buildings. The community space shall be located off, or adjacent to, the main circulation path of the complex and must incorporate benches or other seating components, and

iii.

Front entries shall be setback from a drive or a parking area by a minimum of 15 feet.

13.

Materials and colors.

a.

Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project.

b.

Exterior building colors.

i.

The use of color materials or finish paint above level 8 saturation (chroma) or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a facade or the total roof area.

ii.

The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs.

iii.

The use of florescent colors is prohibited.

c.

Exterior building materials (excluding roofs). The following building finish materials are limited to no more than 33 percent of the facade area:

i.

Corrugated, or metal panels, and

ii.

Smooth concrete block.

d.

Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building.

14.

Barber Poles. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted if the following and all other applicable requirements are met:

a.

The barber pole is attached to the exterior wall of an establishment providing the services of a licensed barber:

b.

Each such establishment (barbershop, salon, etc.) is limited to only one barber pole:

c.

No barber pole may move or rotate except when the establishment is open and providing the services of a licensed barber: and

d.

All barber poles that are illuminate, whether or not they rotate, shall obtain a building permit.

D.

Design Standards for specific building uses.

1.

Standardized design buildings must meet the provisions of this Code.

2.

Self-storage buildings. Self-storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions:

a.

Overhead doors. Overhead doors cannot be located on the primary facade of self-storage buildings.

b.

Screen walls. When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet, and designed to avoid monotony by use of architectural elements such as pillars.

c.

Window standards. Windows must not be false or applied. If the window openings are into the storage area, translucent material must be used.

d.

Single-story self-storage buildings. Section 5.05.08 C.2. Primary facade standards can be replaced with the following two options:

i.

Option 1.

a)

A minimum of 20 percent of the primary facade area must be glazed; and

b)

A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight feet, or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the facade.

ii.

Option 2. If the project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply:

a)

Architecturally treated, eight-foot high, screen wall is required to screen the facility,

b)

The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope, and

c)

A landscape buffer at least 7 feet wide is required on each side of the wall.

iii.

In the case that none of the above options are met, then Section 5.05.08 C.2. Primary facades standards must be met.

e.

Multi-story self-storage buildings. The requirements of Section 5.05.08 C.2. Primary facade standards can be replaced with the following standards:

i.

Option 1.

a)

A minimum of 20 percent of the primary facade area must be glazed; and

b)

A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight feet, or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the facade.

c)

Requirements of Section 5.05.08 C.8.b. Blank wall area apply to all facades, and

d)

Foundation planting areas must be a minimum 15 percent of the ground level building area.

ii.

Option 2. If project design incorporates a screen wall around the perimeter of the self-storage facility. The following standards apply:

a)

Architecturally treated, eight feet high screen wall is required to screen the ground floor of the facility,

b)

Landscape buffer, minimum 7 feet wide is required on each side of the wall,

c)

Primary facades above the ground level must include glazing, covering at a minimum 20 percent of the facade area,

d)

Requirements of Section 5.05.08 C.8.b. Blank wall area applies to all facades, and

e)

Foundation planting areas must be a minimum 15 percent of the ground level building area.

iii.

In the case that none of the above options are met, then Section 5.05.08 C.2. Primary facades standards must be met.

3.

Mercantile.

a.

Applicability. All standards listed in Section 5.05.08. are applicable with the following exceptions and additions.

b.

Large Retail Structures. The purpose of this section is to break up the monolithic appearance of large retail structures and present a more human scale of architecture to the public right-of-way view. Because these buildings house a variety of functions that can accommodate in a variety of spatial types, they must be designed to express these functions in a manner that has the appearance of a group of buildings of varying scale and size.

c.

All areas with the building that can be accommodated within a space with a ceiling height of 16 feet or less must be designed and built within a single story envelope or a multiple of envelopes. These building envelopes must have a maximum eave height of 16 feet and must be expressed as single story elements in the architectural form of the building along the building edge or edges that front the public right-of-way. These areas must include, but are not limited to:

i.

The management and business office.

ii.

Check out area.

iii.

Rest rooms.

iv.

Customer service area.

v.

Food service areas.

d.

Windows and entrances. When more than two retailers with separate exterior customer entrances are located within the principal building, the following standards apply:

i.

The first floor of the primary facades must utilize transparent windows and doors for no less than 30 percent of the horizontal length of the building facade.

ii.

Primary building entrances must be clearly defined and connected with a sheltering element such as a roof canopy or arcade.

4.

Automobile service stations

a.

Applicability. In addition to the requirements of Section 5.05.05 Automobile service stations, all standards are applicable with the following additional requirements:

i.

Canopy columns must be at least 18 inches wide.

ii.

Under-canopy lights must be fully recessed.

iii.

Canopies must not be higher than 16 feet clear.

5.

Hotel/motel.

a.

Applicability. All standards of Section 5.05.08. are applicable with the following exceptions.

b.

Design features. Section 5.05.08 C.2. Primary facade standards-Design features can be replaced as follows:

i.

The design of the primary facades must include windows and other glazed openings covering at least 20 percent of the primary facade area, and one of the following design features:

a)

Projected, or recessed, covered public entry providing a minimum horizontal dimension of eight feet, and a minimum area of 100 square feet, or

b)

Covered walkway or arcade (excluding canvas type) constructed with columns at least 12 inches wide, that is attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width shall be eight feet, with a total length measuring 60 percent of the length of the associated facade.

ii.

For buildings located 200 feet or more from the street right-of-way, the projected or recessed entry and covered walkway or arcade, required by the above Section 5.05.08 D.5.b.i., can be located on any facade.

6.

Warehousing/distribution.

a.

Applicability. All standards listed in Section 5.05.08. are applicable except for the following:

b.

Primary facade standards. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the following standards. Facades fronting on arterial or collector streets must have two or more of the following design features:

i.

Windows at a minimum of ten percent of the facade area.

ii.

Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover.

iii.

Foundation planting consisting of trees and shrubs. The total length of the planting area must be a minimum of 25 percent of the facade length and be distributed along the facade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material shall be as required by Section 4.06.05 of this Code.

iv.

Masonry, concrete or tilt-up construction.

v.

Building height of 40 feet or less and the building street setback of 200 feet or more.

c.

Variation in massing. The requirements of Section 5.05.08 C.4. Variation in massing applies only to primary facades and to facades facing residential districts.

d.

Building design treatments. The requirements of Section 5.05.08 C.5.c. Building design treatments are modified as follows:

i.

Primary facades must include a minimum of two of the building design treatments listed under this section.

e.

Site design elements. The requirements of Section 5.05.08 C.5.d. Site design elements are modified to require, at a minimum, one of the four listed site design elements.

f.

Detail features. The requirements of Section 5.05.08 C.8. Detail features are replaced with the following standards:

i.

Blank wall areas. Blank, opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade or any facade facing a residential district. For facades connected to a primary facade, this must apply to a minimum of 25 percent of the attached facade measured from the connection point. Control and expansion joints within this area constitute blank wall area unless used as a decorative pattern and spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of ½ inch and may be different than the color of the wall.

g.

Roof treatments. The requirements of Section 5.05.08 C.10. Roof treatments are replaced with the following standards:

i.

If parapets are used, the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the facade, measured from the corner.

ii.

The facades facing arterial or collector road and facades facing residential district must have variations from the dominant roof condition. The roof edge and parapets must have a minimum of one vertical change for every 150 lineal feet of the facade length. The vertical change must be a minimum of ten percent of the building height, but no less than three feet.

iii.

All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens.

h.

Materials and colors. The requirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5.05.08 C.13.c. Exterior building materials, which is replaced with the following standards:

i.

Primary facades. The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area.

ii.

Facades attached to a primary facade. The use of ribbed, corrugated, and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall length of the facades attached to a primary facade, measured from the corners.

i.

Special Height Requirements. All buildings over 30 feet in height, measured from the first finished floor to the roof eave, that are located within 300 feet from the arterial or collector street right-of-way, must comply with Section 5.05.08 C.4. Variation in Massing, and Section 5.05.08 C.8. Detail features are applicable to all building facades.

7.

Industrial/factory buildings.

a.

Applicability. All standards listed in Section 5.05.08. are applicable with the following exceptions.

b.

Building facades.

i.

Primary Facade Standards. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the following standards. Facades fronting on arterial or collector streets must have two or more of the following design features:

a)

Windows at a minimum of 25 percent of the facade area.

b)

Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover, and a minimum of 15 percent of the wall area devoted to windows.

c)

The total length of the planting area must be at least 33 percent of the facade length and be distributed along the facade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material must be as required by Section 4.06.05

d)

Masonry, concrete or tilt-up construction, and 15 percent of the wall area allocated to windows.

e)

Building height of 40 feet or less, with a building street setback of 200 feet or more.

ii.

Variation in Massing. The requirements of Section 5.05.08 C.4. Variation in massing applies only to the primary facades and to facades facing residential districts.

iii.

Project Standards.

a)

The requirements of Section 5.05.08 C.5.c. Building design treatments are modified to require industrial/factory buildings to provide, at the primary facades only, a minimum of two of the 17 building design treatments listed under this section.

b)

The requirements of Section 5.05.08 C.5.d. Site design elements are modified to require at least one of the four listed site design elements.

c.

Detail Features. The requirements of Section 5.05.08 C.8. Detail features are replaced with the following standards:

i.

Blank, opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade and any facade facing a residential district.

ii.

For facades connected to a primary facade, the blank wall standards applies to a minimum of 25 percent of the attached facade, measured from the connection point.

iii.

Control and expansion joints within the facade area constitute blank wall area unless used as a decorative pattern, and must be spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of ½ inch and may be different than the color of the wall.

d.

Roof Treatments. The requirements of Section 5.05.08 C.10. Roof treatments are replaced with the following standards:

i.

If parapets are used, the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the facade, measured from the corner.

ii.

Facades facing arterial or collector roads and facades facing residential districts must have vertical changes from the dominant roof condition. The roof edge and parapets must have a minimum of one vertical change for every 150 lineal feet of the facade length. The vertical change shall be a minimum of ten percent of the building height, but no less than three feet.

iii.

All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens.

e.

Materials and Colors. The requirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5.05.08 C.13.c. Exterior building materials, which is replaced with the following standard:

i.

Primary facades. The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area.

ii.

Facades attached to a primary facade. For 25 percent of the overall wall length of facades attached to a primary facade, measured from the corners, the use of ribbed, corrugated, and reflective metal panels is limited to no more then 33 percent of the wall area.

f.

Special Height Requirements. All buildings over 30 feet in height measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street right-of-way must meet the Section 5.05.08 C.4. Variation in Massing, and Section 5.05.08 C.8. Detail features are applicable to all building facades.

8.

Parking structures. All standards listed in Section 5.05.08. are applicable unless otherwise specified below.

a.

Primary facades. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the following standards:

i.

All exposed facades of any parking structure above the second floor are considered primary facades.

ii.

A minimum of 60 percent of the area of any primary facade of a parking structure or covered parking facility must incorporate at least two of the following:

a)

Transparent windows, with clear or lightly tinted glass, where pedestrian oriented businesses are located along the facade of the parking structure,

b)

Display windows,

c)

Decorative grill work or similar detailing which provides texture and screens the parking structure openings,

d)

Art or architectural treatment such as sculpture, mosaic, glass block, opaque art glass, relief work or similar features, or

e)

Vertical trellis or plant material screening the openings.

b.

Building foundation planting. The perimeter of a parking structure at grade must meet the building foundation planting requirements of Section 4.06.05. of this Code.

c.

Massing standards. The requirements of Section 5.05.08 C.4. Variation in massing are applicable, with the following exception:

i.

If the ramps and inclines are on an exposed facade and they exceed the maximum length or uninterrupted curve, a projection or recess must occur at the start and end but not required at the ramp/incline.

d.

Wall Plan Changes. The requirements of Section 5.05.08 C.4.b. are applicable with the following exception:

i.

If the ramps and inclines are on an exposed facade and they exceed the maximum horizontal length, a wall plane projection or recess must occur at the start and end but not required at the ramp/incline.

e.

Detail features. The facade area within 42 inches above each floor/deck shall not be open more than 50 percent, except at openings for vehicle or pedestrian access.

9.

Outside play structures.

a.

Maximum coverage. Outside play structures must not cover more than 50 percent of the facade area.

b.

Location. No portion of any play structure, located between the front building line and any adjacent right-of-way, may exceed a height of 12 feet as measured from existing ground elevation. In all other cases, no portion of any play structure may exceed a maximum height of 16 feet as measured from existing ground elevation.

c.

Colors. Play structures must be limited to earth tone colors, with a maximum of three colors.

E.

Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code.

1.

Off street parking design. As provided for in Section 4.05.00, and subject to the following provisions:

a.

Purpose and intent. Commercial buildings and projects, including their outparcels shall be designed to provide safe, convenient, and efficient access for pedestrians and vehicles. Parking shall be designed in a consistent and coordinated manner for the entire site. The parking area shall be integrated and designed so as to enhance the visual appearance of the community.

b.

Design standards. Parking, utilizing the same degree of angle, shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation. A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site. The mixture of one-way and two-way parking aisles, or different degrees of angled parking within any parking area is prohibited, except as noted above, or where individual parking areas are physically separated from one another by a continuous landscape buffer, a minimum five feet in width with limited access. Landscape buffers for these locations shall use landscape material other than grass for separation of parking areas.

i.

Maximum parking. Parking in excess by 20 percent of the minimum parking requirements shall provide additional landscaping as described in section 4.05.04 of this Code.

ii.

Parking for projects. Projects shall be designed to adhere to the following standards:

a)

Interior lots. No more than 50 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway.

b)

Corner lots. No more than 80 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway area, with no single side to contain more than 65 percent of the required parking.

2.

Pedestrian pathways.

a.

Purpose and intent. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the building or project which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. The on-site pedestrian system must provide adequate directness, continuity, street and drive aisle crossings, visible interest and security as defined by the standards in this Section.

b.

Pedestrian access standards. Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while traveling from the parking space to building entries and from building entries to outparcels and to pathways along adjacent roadways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks.

c.

Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle.

d.

Minimum dimensions. Pedestrian pathways must be a minimum of five feet wide.

e.

Materials. Pedestrian pathways must be consistent with the provisions of Section 4.5 of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete, or stamped pattern concrete.

f.

Building perimeter path. A minimum five feet wide building perimeter path is required as specified below:

i.

A continuous building perimeter path interconnecting all entrances and exits of a building is required. Emergency "exits-only" are excluded.

ii.

If parking area is proposed along the building facade within 15 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building.

g.

Pedestrian crosswalks. Standard crosswalks must be installed at stop-controlled-crossings. Uncontrolled crossings must be high visibility longitudinal lines as shown in the Florida Department of Transportation Roadway and Traffic Design Standards.

h.

Shade and site amenities.

i.

Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in length at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The required shade trees must be located no more than ten feet from edge of the sidewalk.

ii.

Development plans must include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks (as required by Section 4.05.08 of this Code), drinking fountains, canopies and benches.

3.

Service function areas and facilities. Service function areas include, but are not limited to: loading areas and docks, outdoor storage, vehicle storage excluding car display areas, trash collection areas, trash compaction and recycling areas, roof top equipment, utility meters, antennas, mechanical and any other outdoor equipment and building services supporting the main use or operation of the property.

a.

Purpose and intent. To diminish the visual and acoustic impacts of service functions that may detract from, or have a negative impact on, the surrounding properties and the overall community image.

b.

Buffering and screening standards. Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adjacent properties, including public and private streets.

c.

Screening material and design standards. Screening materials, colors and design must be consistent with design treatment of the primary facades of the building or project and the landscape plan.

d.

Trash enclosures. For the location, size, and design standards for trash enclosures, see section 5.03.04 Dumpsters.

e.

Loading areas and docks. Vehicle loading areas must be screened from streets and adjacent residential districts. Screening must consist of wing walls, shrubs, trees, berms, or combination thereof.

f.

Conduits, meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding building surfaces. Conduits and meters cannot be located on the primary facade of the building.

g.

All rooftop mechanical equipment protruding from the roof must be screened from public view by integrating it into a building and roof design.

h.

Outdoor vending machines must be located so that they are not visible from adjacent properties and streets.

4.

Fencing standards. For restrictions on fence material, fence height, and design, see Section 5.03.02 Fences and Walls.

5.

Drive-through facilities standards.

a.

Drive-through facilities location and buffering standards. Drive-through facilities must be secondary in emphasis and priority given to any other access and circulation functions. Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potential pedestrian/vehicle conflict. If site constraints limit the location of the drive through facility to the area between the right-of-way and associated building, the vegetation required by a Type "B" landscape buffer must be installed within the buffer width required for the project and maintained along the entire length of the drive-through lane and adjacent right-of-way. In addition to the vegetative buffer referenced above, a permanent, covered, porte-cochere or similar structure, (canvas awning and canopies are excluded), must be installed extending the width of the drive-through with the roof covering the service window(s). Such structure shall be an integral part of the design of the building.

b.

Required floor area. One drive-through facility is permitted per tenant. Buildings must be a minimum of 1,000 square feet. For multi-tenant buildings, an additional drive-through is allowed for each tenant with a minimum of 5,000 square feet of gross floor area. Drive-through facilities may have multiple drive lanes.

6.

Lighting.

a.

Purpose and intent. All building sites and projects, including outparcels, shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting must be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures must be integrated and designed so as to enhance the visual impact of the project on the community and blend with the landscape.

b.

Shielding standards. Lighting must be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjoining streets and all adjacent properties. Light sources must be concealed or shielded.

c.

Height standards. Lighting fixtures within the parking lot must be a maximum of 25 feet in height, and 15 feet in height for the non-vehicular pedestrian areas.

d.

Design standards. Lighting must be used to provide safety while accenting key architectural elements and to emphasize landscape features. Light fixtures must complement the design of the project. This can be accomplished through style, material or color.

e.

Illumination. Background spaces, such as parking lots, shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, including building entrances and plaza seating areas, must utilize local lighting that defines the space without glare.

7.

Water management areas. For design standards for water management areas, including location and the required amenities, see Section 4.06.02 D. of this Code.

F.

Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this Section as approved by the County Manager or his designee.

1.

Review and approval procedure. Upon request by the applicant, the County Manager or his designee may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Section 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re-review and approval by the County Manager or his designee.

2.

Review criteria. In approving an alternative plan, the County Manager or his designee must find that the proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. If the plan is approved through this provision, the Site Development Plan approval letter shall specifically note the deviations and the basis for their approval.

3.

Submittal requirements. In addition to the base submittal requirements, applicants must provide the following:

a.

Architectural design plan and/or site development plan clearly labeled as an "Alternative Architectural Design Standards Plan". This plan must identify the section numbers from this Section from which the deviation is being requested.

b.

A narrative statement that specifically identifies all standards of Section 5.05.08 from which the deviations are requested, and the justification for the request. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Section, without specifically complying with those standards identified.

4.

Applicability.

a.

The following types of buildings and uses qualify for an administrative determination of deviations from Section 5.05.08. development standards:

i.

Assembly,

ii.

Educational,

iii.

Institutional,

iv.

Mixed use buildings (such as commercial/residential/office), and

v.

Any other non-commercial building, or use, that is not listed under Section 5.05.08 D. Design standards for specific building types of this Section, and due to its function, has specific requirements making meeting Section 5.05.08. standards unfeasible.

vi.

Buildings located on property with a commercial zoning designation when submitted for Site Development Plan review on or after November 10, 2004, except for the following:

a)

Buildings located on outparcels, freestanding (non-attached multiple or individual) buildings located on property with a PUD zoning designation, or multiple buildings developed under a unified, common development plan (such as a shopping center).

b)

Buildings with a gross building area of 10,000 square feet or more on the ground floor.

c)

Multi-story buildings with a total gross building area of 20,000 square feet or more.

d)

Project sites with more than one building where the aggregate gross building area is 20,000 square feet or more. Individual buildings within a project site that have been previously granted deviations where additional development causes an aggregation of building area 20,000 square feet or greater, must bring existing buildings up to the requirements of 5.05.08

b.

The deviation process is also applicable to the specific requirements listed under the following sections:

i.

Section 5.05.08 B.3. Renovations and redevelopment.

ii.

Section 5.05.08 B.4. Abandonment or discontinuance of use.

iii.

Sections 5.05.08 D.2.d. for Self-storage buildings.

5.

Appeal and Assistance procedure.

a.

The County Manager or his designee may request the assistance of the Architectural Arbitration Board in rendering a decision. The applicant may appeal the decision of the County Manager or his designee to the same Board by making a written request to the County's Architect.

i.

The Architectural Arbitration Board shall consist of 5 voting members comprised of the following: two representatives from the Collier County Zoning staff; two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter).

b.

The Architectural Arbitration Board shall take one of the following actions by majority vote:

i.

Approve as proposed;

ii.

Approve as proposed with conditions;

iii.

Deny as proposed; or

iv.

Continue the review to another meeting for further deliberation.

c.

Within 5 working days following the Architectural Arbitration Board meeting, the County Manager or his designee shall approve or deny the project's deviation from the architectural design standards of Section 5.05.08, as recommended by the Architectural Arbitration Board.

d.

Should the applicant or staff request a decision by convening an Architectural Arbitration meeting, then the review of the Site Development Plan will be placed on hold upon receipt of the written request by the County's Architect. Should the County Manager or his designee request the assistance of the Architectural Arbitration Board, then review of the Site Development Plan will be placed on hold at staff discretion. Once a final decision by the Board is reached, review of the Site Plan shall resume.

G.

Exceptions.

1.

Exceptions to the provisions of this Code may be granted by the Board of County Commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design while varying from one or more of the provisions of this Section, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual projects subject to Section 5.05.08 standards, where site specific factors may impact the ability to meet these standards, variance from one or more of the provisions of this Section may be requested pursuant to the procedures set forth in Section 9.04.00 Variances of this Code.

(Ord. No. 04-72, § 3.T; Ord. No. 05-27, § 3.GG; Ord. No. 06-07, § 3.N; Ord. No. 06-63, § 3.DD; Ord. No. 07-67, § 3.M; Ord. No. 08-63, § 3.T; Ord. No. 09-55, § 3.B)

5.05.09 - Communications Towers

A.

Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety.

B.

Definitions unique to communications towers, section 5.05.09

1.

As used herein "antenna" does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than 40 inches.

2.

Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved.

3.

Lesser effective radius means an approved radius of less than 6 miles.

4.

"Unavailable to the applicant" means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower, antenna, and related facilities.

5.

"Unavailable" means that no additional tower or site capacity is available to anyone.

C.

Migratory Birds and other Wildlife Considerations.

1.

Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower.

2.

Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds).

3.

Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances.

4.

Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint.

D.

Shared use of towers. A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment. Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments.

1.

For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers, within the effective radius, that can possibly accommodate the needs of the applicant. The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant. A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the conditional use application. As an accommodation to applicants, the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers. If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant. If the old tower is a nonconforming structure, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower, and the height of the tower inclusive of its antennas may not be increased.

2.

Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant, the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case.

3.

If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant, the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained.

Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height.

Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason.

If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant.

4.

The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment:

a.

All output frequencies of transmitter.

b.

Type of modulation, polarization of radiation, and proposed use of antenna.

c.

Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications.

d.

Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator.

e.

Range in feet of maximum and minimum height of antenna above base of tower.

f.

A list of necessary ancillary equipment and description of the type of transmission cable to be used.

g.

Any other pertinent information needed to enable the owner to respond in full to the inquiry.

E.

Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower, antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments.

1.

Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant, the applicant shall contact the owner of all other conforming old sites and approved tower sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant.

2.

For each such possibly available tower site, the application for a new tower site shall not be complete without the following information:

a.

Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features.

b.

Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs.

c.

If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant.

d.

The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following:

e.

tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design. An elevation and a cross section of the tower structure shall be included.

f.

Total anticipated capacity of the tower, including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accommodate same.

g.

Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222-E), or its successor functional equivalent, as may be amended for local application.

3.

If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs, the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant. To the extent information is current and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up-to-date, the plan shall be brought up-to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date.

4.

No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower, unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower, no such document shall prevent other towers, except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval.

F.

Required sharing. Each new tower in excess of 185 feet in height (shared use tower), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower.

1.

Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers, ancillary equipment, and accessory uses. Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section.

2.

Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower, the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a nonconforming structure. If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space.

3.

Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space.

4.

Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconforming tower may be permitted a one-time increase in height, provided:

a.

Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing tower, whichever is less;

b.

The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application;

c.

A shared use plan covering the tower with the increased height is first approved by the County Manager or designee;

d.

The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming;

e.

Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and

f.

A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building.

5.

Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval.

6.

Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans and amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity.

7.

Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment.

8.

Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconforming structure. The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessory buildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming. The shared use plan shall be immediately updated to reflect each change.

9.

For each tower with a height in excess of 185 feet that is approved, the tower owner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower, the plan shall commit the tower owner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee.

10.

For each new shared use tower site that is approved, the owner shall be required, as a condition of approval, to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee.

11.

Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant. Government owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date.

12.

The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan.

13.

All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower. All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site.

G.

Development standards for communication towers.

1.

Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection5.05.09(F)(7) below, towers may be allowed to any height as a conditional use in the E zoning district only on sites approved for a specified essential service listed in subsection 5.05.09((F)(3) below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use.

2.

Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00

a.

All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 ½) times the height of the tower.) towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00

b.

Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height.

c.

All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site.

3.

Essential services—Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes.

4.

New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade, and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural grade, are permitted within these zoning districts.

5.

Ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location.

6.

Rooftop towers, antenna structures, and antennas.

a.

Rooftop towers, antenna structures, and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts.

b.

Rooftop towers, antenna structures, and antennas are, as specified, subject to the following:

i.

Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade. If the maximum roofline is less than twenty (20) feet above the average natural grade, an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure, tower, or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure, tower, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities.

ii.

Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location.

iii.

Antenna structures and dish type antennas shall be painted to make them unobtrusive.

iv.

Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall.

v.

Where technically feasible, dish type antennas shall be constructed of open mesh design.

vi.

Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower, structure, and antennas.

vii.

The building and roof shall be capable of supporting the roof-mounted antenna, structure, and tower.

viii.

No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower, or antenna structure.

7.

With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements:

a.

Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD.

b.

In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (1/2) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater.

8.

All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them.

9.

Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks, design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County-owned land available for towers and ancillary facilities at reasonable rents.

10.

Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district. accessory uses shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event shall such uses exceed twenty-five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site abuts, or has access to, a collector street, access for motor vehicles shall be limited to the collector street. All equipment shall comply with the then applicable noise standards.

11.

For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking.

12.

All new tower bases, guy anchors, outdoor equipment, accessory buildings, and accessory structures shall be fenced. This provision does not apply to amateur radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet above grade.

13.

Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules.

New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night.

14.

Effective January 1, 1992, all guyed towers, including old towers, exceeding 185 feet in height shall be inspected every two (2) years. Such self-supporting towers shall be inspected every four (4) years. Each inspection shall be by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following:

a.

Tower structure: Including bolts, loose or damaged members, and signs of unusual stress or vibration.

b.

Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure.

c.

Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition.

d.

Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any.

e.

For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension).

15.

A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance.

16.

Any tower that is voluntarily not used for communications for a period of one (1) year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees.

17.

For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines.

18.

All new metal towers, including rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a building permit.

19.

Within the proposed tower's effective radius, information that specifies the tower's physical location, in respect to public parks, designated historic buildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval.

20.

No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna.

21.

Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent.

22.

As to communications towers and antennas, including rooftop towers, antenna structures, and antennas, the height provisions of this section supersede all other height limitations specified in this Code.

23.

All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules.

24.

A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee.

H.

Alligator Alley communication towers.

1.

Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the four (4) towers shall be constructed to replace two (2) existing Florida Department of Transportation towers. The four (4) new telecommunication tower sites shall be located approximately at:

a.

Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas;

b.

Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas;

c.

The site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas;

d.

The site of an existing FDOT tower located at mile marker 63.2 at the I-75 Rest Area. It will replace an existing tower located on the north side of I-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas.

e.

Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical.

2.

Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section.

3.

Minimum yard requirements. There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the I-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half (½) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers.

4.

Access. Physical access to each tower site shall be as approved by FDOT.

5.

Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower.

6.

Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one (1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3) feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns.

7.

A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval.

8.

Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting.

9.

Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the I-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County.

10.

The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. towers that are to be twenty (20) feet or less in height require only building permit approval from the County.

a.

As all such facilities must be located within the I-75 right-of-way, the facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation.

b.

The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses.

c.

Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower.

I.

Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service.

1.

These facilities are essential services.

2.

Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes.

3.

Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way.

4.

Co-located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s).

5.

New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations.

6.

Sufficiency notice. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission.

7.

Default approval.

a.

An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that:

i.

Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit;

ii.

The County fails to either grant or deny the applied-for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and

iii.

The applicant has not agreed to an extension of time, as provided in paragraph (8) below.

b.

However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time.

8.

Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government.

(Ord. No. 05-27, § 3.HH)

5.05.10 - Travel Trailer and Recreational Vehicle Park Design Standards

A.

The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park.

1.

200 square feet for each travel trailer and park model lot or campsite for the first 100 lots or spaces;

2.

150 square feet for each lot or designated space in excess of 100 lots or spaces; and

3.

One-half (½) of the water surface within the park may be credited toward the required recreation area, except that at least fifty (50) percent of the required recreation area shall be land area.

B.

All lots/spaces within a TTRVC park shall have direct access from an internal street. All internal streets within the district 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 subject to the standards for development of supporting infrastructure as provided in the subdivision regulations, section 4.03.00. For the purpose of this subsection, internal streets shall refer to streets, including necessary right-of-way or easement, located within the confines of the project legal description and providing no access to other land parcels.

C.

Required facilities for campsites and TTRV lots.

1.

Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite lot and as approved by the Collier County health department, or in the event of a private on-site system connection to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times.

2.

Potable water supply as approved by the County Manager or designee pursuant to section 4.03.00.

3.

A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, lots or other TTRVC lots or parking areas.

4.

An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use.

5.

One (1) parking space per campsite or TTRV lot.

6.

Unless every travel trailer site has a sanitary waste outlet, a central pump-out station shall be provided.

7.

TTRV vehicles including park model, travel trailers, may be permanently located on a lot; however, no permanent residency is allowed. Where travel trailer/park model lots are being sold to individuals, the developer/owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this district.

8.

Every proprietor, manager, homeowners' association, or condominium association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner/occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager. In the event of owner/occupied lots within the TTRVC district, said owner is responsible for registering his or her arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as herein provided. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code.

9.

Park model travel trailers, when positioned on a lot in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County.

(Ord. No. 10-23, § 3.KK)

5.05.11 - Carwashes Abutting Residential Zoning Districts

A.

Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed.

B.

Minimum yards.

1.

Front yard setback: fifty (50) feet.

2.

Side yard setback: forty (40) feet.

3.

Rear yard setback: forty (40) feet.

C.

A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway.

D.

Minimum lot size is 18,000 square feet.

E.

If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six (6) feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than fifteen (15) feet. The wall shall be located within a landscaped buffer as specified in section 4.06.00. All walls shall be protected by a barrier to prevent vehicles from contacting them.

F.

The building shall maintain a consistent architectural theme along each building facade.

G.

A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV].

H.

The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area.

I.

Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m.

5.05.12 - Specific Standards for Public Utility Ancillary Systems in Collier County.

A.

Applicability. When water and wastewater is conveyed through physically connected infrastructure to or from a public or quasi-public treatment facility, the system of physically interconnected infrastructure, including but not limited to raw water wells, pump stations, water and wastewater storage tanks, vaults, valves, antennas, and other appurtenant equipment, shall be considered to be collectively located onsite as that term is to be applied in the GMP CCME Policies 6.1.1 and 6.1.2, and any implementing land development regulations. Applicable designs for public utility ancillary systems selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the following requirements.

B.

Setback Requirements.

1.

Any structure enclosing a public utility ancillary system which is greater than four hundred (400) square feet in size must meet the following minimum setbacks:

Adjacent to Right-of-Way - 25 feet

Side yard from adjoining property - no less than the underlying zoning district's requirements for side yard setback

Rear yard from adjoining property - 25 feet

For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line.

Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks, and transformers, not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line.

2.

Any structure enclosing a public utility ancillary system which is equal to or less than four hundred (400) square feet must meet the following minimum setbacks:

Adjacent to Right-of-Way - 15 feet

Side yard from adjoining property - no less than the underlying zoning district's requirements for side yard setback

Rear yard from adjoining property - 10 feet

For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line.

Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks, and transformers, not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line.

3.

Fences and walls enclosing public utility ancillary systems must meet the following setbacks:

Adjacent to Right-of-Way or easement line - 5 feet

Side yard or easement line - 5 feet.

Appurtenant equipment, other than antennas, that exceeds the height of the fence or wall, shall be setback no less than the underlying zoning district's requirements for side yard setback.

Rear yard or easement line - 5 feet

Raw water well easements contained within a larger public easement - 2 feet

Fence or wall heights may be between six (6) feet and eight (8) feet in height.

Appurtenant equipment shall not be considered as separate structures.

C.

Public utility ancillary system site access:

1.

Direct access from public ways shall be limited to one (1) access point location and must otherwise comply with the requirements of Section 4.04.02

2.

Access from an easement must provide legal access to a public or approved private way. Access from an existing public way to an easement must otherwise comply with the requirements of Section 4.04.02

D.

Prior to County approval of any public utility ancillary system site under this Code, the applicant shall obtain permits from SFWMD, FDEP or other state or federal agency having jurisdiction over the intended use if such permits are required.

E.

Stormwater management and environmental resource permits for public utility ancillary system sites shall be governed by the requirements of SFWMD and or FDEP, and if approval is granted for the public utility ancillary system by SFWMD or FDEP under those requirements, or said requirements are deemed not applicable by SFWMD or FDEP due to the de minimus size or nature of the public utility ancillary system site as verified in writing by SFWMD or FDEP, the project may be considered for a waiver from the requirements of Section 10.02.02 A.

F.

Landscaping and buffering shall conform to the requirements of Section 4.06.05 B. 4.

G.

Site planning review and approval for public utility ancillary systems must follow the requirements of an insubstantial change to a Site Development Plan or Site Improvement Plan review process providing water, wastewater or irrigation quality water from such public utility ancillary system is conveyed through physically connected infrastructure to a public or quasi-public treatment facility. The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site".

(Ord. No. 05-27, § 3.II; Ord. No. 08-63, § 3.U)

5.05.13 - Heliports and Helistops

A.

Purpose and intent. In accordance with Sections 330.35 and 330.36, Florida Statutes, the purpose of this section is to impose zoning requirements on the location and operation of heliports and helistops within Collier County. It is not the intent of this section to supersede state and federal rules and regulations applicable to the siting, licensing, registration and operation of heliports and helistops. Rather, as set forth in more detail below, this section incorporates said rules and regulations, while imposing additional zoning regulations which further limit the siting and operational criteria for heliports and helistops in Collier County.

B.

Definitions.

1.

FATO: The designated "final approach and takeoff" area for helicopter operations. A defined area over which the final phase of the approach to a hover, or a landing is complete and from which the takeoff is initiated. This term is identical to that defined at Rule 14-60.003(2)(b)8, Florida Administrative Code, and Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B.

2.

Private Use Heliport: A heliport developed for exclusive use of the owner and persons authorized by the owner. For state regulation purposes, this type of heliport falls within the scope of the term "private airport," as defined at Section 330.27(5), Florida Statutes. For federal regulation purposes, this term is synonymous with a "prior permission required (PPR) heliport," as defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B.

3.

Private Use Helistop: A minimally developed helicopter facility for boarding and discharging passengers or cargo, and for the parking of the helicopter when not in use. Fueling and major maintenance and repairs are not permitted at this type of facility. Only the owner and persons authorized by the owner may use this facility. For state regulation purposes, this type of facility falls within the scope of the term "private airport," as defined at Section 330.27(5), Florida Statutes. For federal regulation purposes, this type of facility falls within the scope of the term "prior permission required (PPR) heliport," as defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B.

4.

Public Use Heliport: A heliport available for use by the general public without a requirement for prior approval of the owner or operator. For state regulation purposes, this type of heliport is a "public airport," as defined at Section 330.27(6), Florida Statutes. For federal regulation purposes, this term includes both "public use heliports" and "general aviation (GA) heliports," as these terms are defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-2B.

C.

Site Limitations and Criteria.

1.

No heliport or helistop shall be permitted or operated without obtaining site approval from the State of Florida Department of Transportation and complying with all applicable state and federal statutes, rules and regulations, including but not necessarily limited to the following:

a.

The State Airport Licensing Law (currently codified at Chapter 330, Florida Statutes);

b.

Chapter 14-60 of the Florida Administrative Code; and

c.

Federal Aviation Administration Advisory Circular Number 150/5390-2B.

2.

Private Use Heliports.

a.

Allowed as a conditional use in the industrial zoning district, as provided for in section 10.08.00 of the Code and subject to the provisions of this section.

b.

The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit development. This requirement shall not apply within the boundaries of developments which expressly permit private aviation use (e.g., Shadow Wood PUD and the Wing South Airpark Condominium).

c.

To protect the property rights of owners of all properties abutting the property on which a private use heliport is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abutting properties are developed with structures built to the maximum permitted building height and the minimum required setbacks at the time site approval is sought.

3.

Public Use Heliports.

a.

Allowed as a conditional use in the industrial zoning district and at any existing public airport, as provided for in section 10.08.00 of the Code and subject to the provisions of this section.

b.

The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit development.

c.

To protect the property rights of owners of all properties abutting the property on which a public use heliport is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abutting properties are developed with structures built to the maximum permitted building height and the minimum required setbacks at the time site approval is sought.

4.

Private Use Helistops.

a.

Allowed as a conditional use to a permitted principal use in the industrial zoning district, subject to the provisions of this section.

b.

The edges of the FATO shall be no less than 1,500 feet from any residential zoning district or residential component of a planned unit development. This requirement shall not apply within the boundaries of developments which expressly permit private aviation use (e.g., Shadow Wood PUD and the Wing South Airpark Condominium).

c.

To protect the property rights of owners of all properties abutting the property on which a private use helistop is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abutting properties are developed with structures built to the maximum permitted building height and the minimum required setbacks at the time site approval is sought.

D.

Design Standards and Operating Criteria.

1.

All heliports and helistops shall be designed and operated in accordance with applicable state and federal statutes, rules and regulations, including but not necessarily limited to the following:

a.

The State Airport Licensing Law (currently codified at Chapter 330, Florida Statutes);

b.

Chapter 14-60 of the Florida Administrative Code; and

c.

Federal Aviation Administration Advisory Circular Number 150/5390-2B.

2.

Private use helistops are limited to use by single engine helicopters with a maximum takeoff weight not exceeding 12,000 pounds.

3.

All heliports and helistops must comply with the Collier County Noise Control Ordinance (currently codified at Section 54-81 et seq., Collier County Code of Ordinances), as it may be amended from time to time.

(Ord. No. 07-68, § 3.K)