Appendix 2.03.00. ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES

§ 2.03.07. Overlay Zoning Districts

Latest version.

Corridor Management Overlay (CMO).

The purpose of the (CMO) district is to supplement existing zoning regulations for properties bordering Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frank Road south of Pine Ridge Road. The CMO district will implement the urban design concepts developed in the corridor management study for Goodlette-Frank Road and Golden Gate Parkway. These regulations recognize that two (2) separate jurisdictions govern land uses in these corridors and are designed to develop greater consistency in design standards between Collier County and the City of Naples.

These regulations apply to all properties adjacent to the rights-of-way of Goodlette-Frank Road from U.S. 41 to Pine Ridge Road and Golden Gate Parkway from U.S. 41 to Santa Barbara Boulevard as measured perpendicular from the abutting right-of-way for a distance of 330 feet. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories.

Mobile home Overlay (MHO). The (MHO) district is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is intended that mobile homes allowed under this section shall be erected only in the Rural Agricultural district and only when the requirements and procedures of this section are met.

Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both airspace protection and land use compatibility in relation to the normal operation of public-use airports located within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing and future public-use airports and heliports in the County. The purpose and intent of these regulations shall be as follows:

To attempt to promote maximum safety of aircraft arriving at and departing from all public-use airports located within the County;

To attempt to promote maximum safety of residents and property within areas surrounding public-use airports located within the County;

To attempt to promote full utility of the public-use airports within the County;

To provide development standards for land uses within prescribed noise zones associated with the normal operation of public-use County airports ;

To provide building height standards for use within the approach, transitional, horizontal, and conical zones so as to encourage and promote proper development beneath such areas;

To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; and

That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on the airport zoning maps of the County. Lands lying within various zones as indicated on the airport zoning maps are subject to the additional regulations set out in this section.

Special Treatment Overlay (ST).

Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches , estuaries, cypress domes, natural drainage ways, aquifer recharge areas, and lands and structures of historical and archaeological significance. The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems, and at the same time, permit those types of development which will hold changes to levels determined acceptable by the BCC after public hearing.

An overlay zoning district classification to be known as the ST special treatment overlay district, and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol of the basic zoning district which it overlays, is hereby established. This overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by this LDC. The placement or removal of this the ST district shall be governed by the procedure for amending the LDC and this Official Zoning Atlas as prescribed in Chapter 10. All land within the ST overlay district shall be designated as environmentally sensitive.

For purposes of identifying land from which the residential development rights have been transferred, such lands shall be designated on the Official Zoning Atlas by affixing the letter "P" for preservation to the symbol "ST," thusly "P-ST." Such designation shall be placed on the land after the BCC has accepted the deed and/or guarantee to said property.

Transfer of Development Rights (TDR).

Purpose, Intent and Applicability.

Purpose. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and

To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands.

ii.

Intent . These TDR provisions are intended to accomplish the above stated purpose through an economically viable process of transferring development rights from less suitable non-RFMU sending areas and RFMU sending lands to more suitable non-RFMU receiving areas and RFMU receiving lands .

iii.

Applicability . These TDR provisions shall be applicable to those areas specifically identified in (b), (c) and (d) below. These TDR provisions shall not be applicable to the any transfer of development rights within the RLSA District.

Transfer of development rights from urban areas to urban areas. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel , as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county.

The development rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever.

ii.

The transfer of development rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law.

iii.

The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density , with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record , excluding submerged land.

iv.

Upon the approval of the transfer of residential development rights by a super majority vote of the Board of County Commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners.

The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land.

vi.

Maximum number of residential units which eligible lands may receive.

Lands in all residential zoning districts and residential components of planned unit development zoning districts are eligible to receive residential development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas shall apply:

RSF-1 through RSF-5 districts, up to and including five units per acre:

Units per base density × 10% = .1 to .5 units per acre

ii)

RMF-6 district, up to and including six units per acre:

6 units × 10% = 0.6 units per acre

iii)

RMF-12 district, seven to and including 12 units per acre:

12 units × 10% = 1.20 units per acre

iv)

RMF-16 district:

16 units × 5% = 0.80 units per acre

RT district:

16 units × 5% = 0.80 units per acre

vi)

PUD district:

Residential tract units × 5% = permitted units per acre

For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value.

vii.

Procedure for obtaining transfer of residential development rights. Any owner of eligible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the Board of County Commissioners

Name and address of property owner of sending land.

Name and address of property owner of receiving land.

Legal description of sending land from which transfer of residential development rights is petitioned.

Survey of sending land from which transfer of residential development rights is requested.

Legal description of receiving land which receives the transfer of residential development rights.

Survey of the land which receives the transfer of residential development rights.

Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners in a form approved by the county attorney.

The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the Board of County Commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private open space , protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the BCC.

viii.

Time limitations on Board of County Commissioners' approval of transfer of residential development rights or authorization to proceed with the processing of a building construction permit. The Board of County Commissioners' approval of a transfer of residential development rights or the County Manager or his designee authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act.

ix.

Sequential use of residential units approved for transfer by the Board of County Commissioners. Upon the issuance of any permit for the construction of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the Board of County Commissioners, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations.

TDR credits from RFMU sending lands : General Provisions

Creation of TDR credits .

TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel .

For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula:

# of acres x 0.2 = # of TDR credits generated.

Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/100th.

ii.

Creation of TDR Bonus credits . TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows:

Environmental Restoration and Maintenance Bonus credits . Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following:

The RMP shall include a listed species management plan.

The RMP shall comply with the criteria set forth in 3.05.08.A, and B.

The RMP shall provide financial assurance, in the form of a letter of credit or similar financial security, establishing that the RMP shall remain in place and be performed, until the earlier of the following occurs:

Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP.

The property is conveyed to a County, state, or federal agency as provided in b) below.

The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County.

Conveyance Bonus credits . Conveyance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above.

Early Entry Bonus credits . Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004, until March 27, 2012. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non- RFMU Receiving Lands after the termination of the Early Entry Bonus period.

iii.

Calculation of TDR Bonus credits .

Environmental Restoration and Maintenance Bonus credits are calculated as follows:

# TDR credits generated from property × % property subject to an approved RMP

Conveyance Bonus credits are calculated as follows:

# TDR credits generated from property × % property subject to an approved RMP and conveyed as provided in ii.b) above.

Early Entry Bonus credits are calculated as follows:

# TDR credits generated within Early Entry period × 1.

iv.

Receipt of TDR credits or TDR Bonus credits from RFMU sending lands . TDR credits or TDR Bonus credits from RFMU sending lands may be redeemed into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands , as provided in subsections 2.03.07 4.d. and e. below.

Prohibition on redemption of fractional TDR credits and TDR Bonus credits . While fractional TDR credits and TDR Bonus credits may be created, as provided in (ii) above, TDR credits and TDR Bonus credits may only be redeemed in increments of whole, not fractional, dwelling units. Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands .

vi.

Prohibition on severance of development rights.

Neither TDR credits nor TDR Early Entry Bonus credits shall be generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5, 2004, until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance of TDR credits .

Neither TDR credits nor any TDR Bonus credits shall be generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs.

Redemption of TDRs into non- RFMU receiving areas .

Redemption into urban areas.

Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element density Rating System, subject to the applicable provisions of Chapters 2 and 9 of this Code, and the following conditions:

The project is 20 acres or less in size;

ii)

At time of development , the project will be served by central public water and sewer;

iii)

The property in question has no common site development plan in common with adjacent property;

iv)

There is no common ownership with any adjacent parcels ; and

The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989.

vi)

Of the maximum 3 additional units, one (1) dwelling unit per acre shall be derived from RFMU sending lands and redeemed at Site Plan or prior to Plat recordation.

Developments which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by redeeming additional density derived from RFMU district Sending Lands.

ii.

Redemptions into the Urban Residential Fringe shall be permitted exclusively through the use of TDR credits and TDR Bonus credits derived from RFMU sending lands located within one mile of the Urban Boundary to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling units per gross acre.

Redemption into RFMU receiving lands .

Maximum density on RFMU receiving lands when TDR credits are redeemed.

The base residential density allowable shall be as provided in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a).

The density achievable through the redemption of TDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and 2.03.08 A.2.b.(3)(c)(i) inside of rural villages.

ii.

Remainder uses after TDR credits are severed from RFMU sending lands. Where development rights have been severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b.

Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands .

General. Those developments that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs.

The severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted. However, those developments that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans , plat approvals, PUDs, and DRIs.

The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP.

ii.

In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions , as well as maintain a public listing of TDR credits available for sale along with a listing of purchasers seeking TDR credits . No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full.

TDR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands . TDR credits shall be deemed to be severed from RFMU sending lands at such time as a TDR credit Certificate is obtained from the County. TDR credit Certificates shall be issued only by the County and upon submission of the following:

a legal description of the property from which the RFMU TDR credits originated, including the total acreage;

ii)

a title opinion establishing that, prior to the severance of the TDR credits from RFMU sending lands , such sending lands were not subject to a conservation restriction or any other development restriction that prohibited residential development ;

iii)

an affidavit, signed by the owner, stating that the property was not subject to a conservation restriction or any other development restriction that prohibited residential development during the period between the effective date of the title opinion and conservation easement recordation;

iv)

an executed Limitation of Development Rights Agreement, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR credits as set forth in section 2.03.08 A.4.b.; and

a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU sending lands from which the TDR credits were generated and that the value of any such remuneration is at least $25,000 per TDR credit , unless such owner retains ownership of the TDR credits after they are severed, unless the RFMU or non- RFMU receiving lands on which the TDR credits will be redeemed and the RFMU sending lands from which the TDR credits were generated are owned by the same persons or entities or affiliated persons or entities; and

vi)

a statement attesting that the TDR credits are not being severed from RFMU sending lands in violation of subsection 2.03.07 D.4.c.vi.b) of the Code.

vii)

documented evidence that, if the property from which TDRs are being severed is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the Limitation of Development Rights Agreement required for TDR severance; transfer (sale) of TDR credit ; and redemption of TDR credit .

TDR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded.

Early Entry Bonus credits . All TDR credit certificates issued by the County for the period from the effective date of this provision until March 27, 2015, unless further extended by resolution by the Board of County Commissioners, shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits , issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits .

Environmental Restoration and Maintenance Bonus credit . A TDR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sending lands from which TDR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permitting. Where the Environmental Restoration and Maintenance Credit is applied for sending lands that are also being used (title or easement) for mitigation for permits or approvals from the U.S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands, the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands.

Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency.

A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following:

documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that phase of the development that is the subject of the site development plan or subdivision plat.

The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus credits needed for the development prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DRI.

Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR certificate that reflects the TDR credit . The County TDR Activity Log shall maintain an ongoing database that categorizes all TDR credits relative to severance, transfer (sale) and redemption activity.

Each TDR Bonus credit shall have an individual and distinct tracking number, which shall be identified on the TDR certificate and which shall identify the specific TDR credit associated with the TDR Bonus credit . The County TDR Registry shall maintain a record of all TDR Bonus credits , to include a designation of those that have been expended.

The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TDR credits have been severed from the property or that an application for such severance has been filed.

Proportional utilization of TDR credits and TDR Bonus credits . Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits . All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall require that the rate of TDR credit and TDR Bonus credits consumption be reported through the monitoring provisions of section 10.02.12 and subsection 10.02.07.C.1.b of this Code.

In accordance with § 380.05, F.S. and chapter 73-131 Laws of Florida, the administrative commission instituted regulations for the Big Cypress Area of Critical State Concern "ACSC". The purpose of these regulations is to conserve and protect the natural, environmental, and economic resources of the Big Cypress area. Furthermore, these regulations are to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development , and protect the health, safety and welfare of residents of the state. The Florida Administrative Code establishes criteria for site alteration, drainage, transportation facilities and structure installation. These regulations are implemented through the land development regulations as set forth in section 4.02.14. An overlay zoning classification to be known as Area of Critical State Concern/Special Treatment Overlay shall be designated on the Official Zoning Atlas with symbol ACSC-ST.

Historical and Archaeological Sites (H). It is the intent of these regulations to recognize the importance and significance of the County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts, structures , buildings , and properties. Further, the BCC, finds that these regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner which affords the maximum protection to historical and archaeological sites, districts, structures , buildings , and properties consistent with individual property rights. It is not the intent of this LDC to deny anyone the use of his property, but rather to regulate the use of such property in a manner which will ensure, to the greatest degree possible, that historic and archaeological sites, districts, structures , buildings , and properties are protected from damage, destruction, relocations, or exportations.

Areas for consideration for inclusion in areas of historical/archaeological probability shall have one (1) or more of the following characteristics:

The area is associated with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric, or architectural history that have contributed to the pattern of history in the community, the County, the State of Florida, or the nation; or

The area is associated with the lives of persons significant in history; or

The area embodies the distinctive characteristics of a type, period, method, or materials of construction that possess high artistic value, quality of design craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of the County, the State of Florida, or the nation; or

The area was the location of historic or prehistoric activities including, but not limited to, habitation, religious, ceremonial, burial, or fortification during a particular period of time, which may maintain a sufficient degree of environmental integrity to reflect a significant aspect of the relationship of the site's original occupants to the environment; or

The area is historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or

The area has yielded or is likely to yield information on local history or prehistory; or

The area derives its primary significance from architectural or artistic distinction of historical importance; or

The area is the birthplace or grave of historical figure or is a cemetery which derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or

The area is the site of a building or structure removed from its original location which is significant for its architectural value, or is the sole surviving structure associated with historic period, person, or event; or

The area is a property primarily commemorative in intent, where design, age, tradition, or symbolic value has invested it with its own historical significance; or

The area is an area containing known archaeological sites that have not been assessed for significance but are likely to conform to the criteria for historical/archaeological significance or areas where there is a high likelihood that unrecorded sites of potential historical/archaeological significance are present based on prehistoric settlement patterns and existing topographic features; or

The area is included in the National Register of Historic Places.

Applicability during development review process; county projects; agriculture; waiver request.

Applicability. Applications for a specific development order as described in subsection[s] 203.07 E.2.b through deemed adequate for review which have been submitted prior to the adoption of this section are not required to meet the provisions outlined in the applicable subsection. However, subsequent applications for development orders as described in subsection[s] 2.03.07 E.2.b. through k. shall comply with the requirements of the applicable subsection. Subsections 2.03.07 E.2.b. through k. shall become effective upon the adoption, by resolution, of the map of areas of historical/archaeological probability by the board of county commissioners.

Development of regional impact (DRI). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the Florida department of state, division of historic resources, indicating that the DRI is in Collier County's designated area of historical archaeological probability. The ADA shall also include an historical archaeological survey and assessment, if required by the division of historic resources. The survey and assessment is subject to review by the County Manager or designee, and recommendations shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the planning commission and board of county commissioners at their public hearings.

Requests for land use change. Property under consideration for a rezone or conditional use which is within an area of historical/archaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist to be submitted by the applicant with the land use change request application and is subject to review by the County Manager or designee. The County Manager or designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the planning commission and board of county commissioners at their public hearings.

Building permits. Building permits issued for new structures on property located within an area of historical/archaeological probability shall be accompanied by a notice that indicates the property is within the area of historical/archaeological probability. The notice shall describe the potential for historical and archaeological sites, structures , artifacts, or buildings , and shall encourage the preservation of such sites, provide reference to applicable state and local laws, and provide reference regarding whom to contact in the event an historical/archaeological site, structure , artifact or building is discovered.

Preliminary subdivision plat. Submittal for a preliminary subdivision plat within an area of historical/archaeological probability but not subject to subsections b through c shall include a historical/archaeological survey and assessment prepared by a certified archaeologist. The preservation board shall review the recommendations derived from the survey and assessment and submit their recommendations to the Collier County Board of County Commissioners for consideration for incorporation into the local development order .

Final subdivision plat or site development plan (SDP). Submittal for a final subdivision plat, including construction documents or site development plan (SDP) within an area of historical/archaeological probability but not subject to subsections b, c, or e of this section shall include a historical/archaeological survey and assessment prepared by a certified archaeologist. The preservation board shall review the recommendations derived from the survey and assessment which shall be incorporated into the final subdivision plat and construction document.

Reserved.

County projects. County-sponsored projects, which are located within an area of historical/archaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist. The county shall comply with all recommendations outlined in the historical/archaeological survey and assessment. A copy of the historical/archaeological survey and assessment shall be provided to the preservation board members.

Agricultural lands. Owners of agricultural land within an area of historical/archaeological probability filing a notice of commencement application for active agricultural production shall be notified in writing by development services staff that the land is in an area of historical/archaeological probability and that an historical/archaeological survey and assessment prepared by certified archaeologist is required. The County Manager or designee shall not issue a notice of commencement until the historical/archaeological survey and assessment has been completed. The property owner shall adhere to all recommendations provided by the historical/archaeological survey and assessment.

Waiver request. Properties located within an area of historical/archaeological probability with low potential for historical/archaeological sites may petition the County Manager or designee to waive the requirement for an historical/archaeological survey and assessment. The waiver application shall be in a form provided by the community development services division. The County Manager or designee shall review and act upon the waiver request within five working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not be limited to, an aerial photograph interpretation, a description of historical and existing land uses, and an analysis of land cover, land formation, and vegetation. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such an evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the preservation board. Any party aggrieved by a decision if the preservation board regarding a waiver request may appeal that decision to the board of county commissioners utilizing the procedure outlined in section k.

Previously completed survey and assessments. A survey and assessment completed by a certified archaeologist prior to the enactment of this section which is in accordance with the survey and assessment requirements outlined in section m may at the discretion of the property owner be utilized to meet the requirements of this section. The survey and assessment shall be provided to the County Manager or designee and shall be subject to the procedure as outlined in section a through section i above.

Historical/archaeological survey and assessment components. Historical/archaeological surveys and assessments required by this section shall be consistent with accepted professional procedures and practices as outlined in the historic preservation compliance review program of the Florida Department of State. Division of Historical Resources; and Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716), Subsections m. and n. shall become effective upon the adoption, by resolution, of the map of areas of historical/archaeological probability by the board of county commissioners.

Survey and assessment components. Surveys and assessments shall include at a minimum:

Title page;

ii.

Table of contents;

iii.

Report, title and authors;

iv.

Statement of qualification for each author;

Description of the project location in terms of geologic and physiographic features, the environment, and land use history;

vi.

Description of field and laboratory methodology;

vii.

Description of sites located;

Significance determination;

viii.

Recommendations as to further assessment work, site preservation, or mitigation;

ix.

Appendices:

Florida Master Site File forms.

Significance determination. A significance determination of specific sites as required by subsection m. item vii. a. of this section shall be based on National Register of Historic Places eligibility criteria, as follows:

The quality or significance in American history, architecture, archaeology, engineering and culture is present in districts, sites, buildings , structures and projects that possess integrity of location, design, setting, materials, workmanship; and

ii.

That are associated with events that have made a significant contribution to the broad patterns of our history; or

iii.

That are associated with the lives of persons significant in our past; or

iv.

That embody the distinctive characteristics of a type, period or method of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or,

That have yielded, or may be likely to yield, information important in prehistory or history; or

vi.

In addition, the importance of historical/archaeological resources to local, county, and state history or prehistory shall be considered in a significance determination.

Designation of historical/archaeological sites, structures , districts, buildings and properties.

In addition to the areas of historical/archaeological probability outlined in subsection 2.03.07 E.1., specific sites, districts, structures , buildings , and properties may also be designated. Such designation will be based on the following criteria:

Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation; or

ii.

Association with the lives of persons significant in history; or

iii.

Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess high artistic values, quality of design and craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida; or

iv.

Location of historic or prehistoric activities such as habitation, religious, ceremonial, burial, fortification, etc., during a particular period of time, and may maintain a sufficient degree of environmental integrity to reflect some aspect of the relationship of the site's original occupants to the environment; or

An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or

vi.

Have yielded or are likely to yield information on local history or prehistory; or

vii.

Derive their primary significance from architectural or artistic distinction of historical importance; or

viii.

Is the birthplace or grave of an historical figure or is a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; or

ix.

A building or structure removed from its location which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic period, person or event; or

A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or

xi.

Are listed in the National Register of Historic Places.

The designation of specific sites, structures , buildings , districts, and properties may be initiated by the preservation board or by the property owner. Upon consideration of the preservation board's report, findings, and recommendations and upon consideration of the criteria and guidelines set forth in section 203.07 E, the Board of County Commissioners shall approve, by resolution, or deny a petition for historic designation. The application shall be in a form provided by the County Manager or designee. Property owners of record whose land is under consideration for designation initiated by the preservation board shall be provided two notices by certified mail return receipt requested, at least 30 days but no more than 45 days prior to any hearing regarding the historic designation by the preservation board or the board of county commissioners. The first notice shall provide all pertinent information regarding the designation and the preservation board's scheduled meeting date to consider the site. The second notice shall indicate when the board of county commissioners will consider official designation of the site. Notice of public hearing shall be advertised in a newspaper of general circulation 15 days prior to the public hearing for the Board of County Commissioners. Each designated site, district, structure , property or building shall have a data file maintained by the preservation board. The file shall contain at a minimum: site location; the historical, cultural, or archaeological significance of the site; and the specific criteria from this section qualifying the site. An official listing of all sites and properties throughout Collier County that reflect the prehistoric occupation and historical development of Collier County and its communities, including information, maps, documents and photographic evidence collected to evaluate or substantiate the designation of a particular site, structure , building , property or district shall be maintained at the Collier County Museum. The Collier County Museum shall coordinate preservation and or restoration efforts for any historical/archaeological designated building , structure , site, property, or district that is donated to or acquired by Collier County for public use.

Issuance of certificates of appropriateness. A certificate of appropriateness shall be issued by the preservation board for sites designated in accordance with subsection p before issuance of permits by the county to alter, excavate, relocate, reconstruct or demolish. The certificate of appropriateness shall be issued prior to the issuance of building, tree removal, or demolition permits.

A certificate of appropriateness shall also be issued prior to the issuance of building permits for new construction within an historical/archaeological district designated in accordance with subsection 2.p. to ensure harmonious architectural design and to preserve the integrity of the historical/archaeological district.

The application for certificate of appropriateness shall be in a form provided by the community development services division. The completed application shall be provided to the County Manager 20 days prior to the regular monthly meeting of the preservation board who shall schedule the application for consideration at the next regularly scheduled meeting. The preservation board shall meet and act upon an application for a certificate of appropriateness within 60 days of receipt of the application from the community development services division. The preservation board shall approve the application, deny the application, or approve the application with conditions.

Ordinary repairs and maintenance as defined in section 1.08.02 are not required to obtain a certificate of appropriateness.

Criteria for issuance of a certificate of appropriateness shall be the U.S. Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67 (1983), as amended. The community development services division shall maintain and make available to the public updated copies of the Standards for Rehabilitation.

All decisions of the preservation board shall be in writing and include findings of fact. Notice of the decision shall be provided to the applicant, and to the County Manager or designee.

Any party aggrieved by a decision of the preservation board may appeal the decision as outlined in subsection gg.

Incentives. The following incentives may be applicable to specific sites, structures , districts, buildings and properties designated as archaeologically or historically significant pursuant to section o.

Financial assistance. Historical/archaeological designated sites, districts, structures , buildings , and properties as provided in section p shall be eligible for any financial assistance set aside for historic preservation projects by the State of Florida or the federal government, provided they meet the requirements of those financial assistance programs.

aa.

Tax credits. The preservation board shall encourage and assist in the nomination of eligible income-producing properties to the National Register of Historic Places in order to make available to those property owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and any other programs offered through the National Register.

bb.

Building code. Historical/archaeological sites, districts, structures , buildings , and properties designated pursuant to subsection o. may be eligible for administrative variances or other forms of relief from applicable building codes as follows:

cc.

Repairs and alterations. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to the technical requirements of the Standard Building Code when the proposed work has been issued a certificate of appropriateness by the preservation board and approved by the County Manager or designee, pursuant to the authority granted to the County Manager or designee by other divisions or statutes and further provided that:

The restored building will be no more hazardous based on consideration of life, fire and sanitation safety than it was in its original condition.

ii.

Plans and specifications are sealed by a Florida registered architect or engineer, if required by the building official.

iii.

The County Manager or designee has required the minimum necessary correction to be made before use and occupancy which will be in the public interest of health, safety and welfare.

dd.

Zoning ordinance. The County Manager or designee may, by written administrative decision, approve any variance request for any designated historical/archaeological site, district, structure , building and property pursuant to section q. which has received a certificate of appropriateness from the preservation board for matters involving setbacks , lot width, depth, area requirements, land development regulations, height limitations, open space requirements, parking requirements, and other similar zoning variances not related to a change in use of the property in question. In addition, contributing projects as defined in section 1.08.02 are eligible for administrative zoning ordinance variances.

Before granting an administrative variance the County Manager or designee must find:

That the variance will be in harmony with the general appearance and character of the community.

That the variance will not be injurious to the area involved or otherwise detrimental to the public health, safety or welfare.

That the proposed work is designed and arranged on the site in a manner that minimizes visual impact on the adjacent properties.

ii.

In granting any variances, the County Manager or designee may prescribe any appropriate conditions necessary to protect and further the interest of the area and abutting properties, including but not limited to:

Landscape materials, walls and fences as required buffering .

Modifications to the orientation of points of ingress and egress.

Modifications of site design features.

ee.

Open space. Historical/archaeological resources that are to be preserved may be utilized to satisfy required setbacks , buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological resources shall qualify for any open space requirements mandated by the development regulations.

ff.

Density calculations. Acreage associated with historical/archaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density .

gg.

Appeal. Any party aggrieved by a decision or interpretation of this division made by the County Manager or the preservation board shall have the right to appeal said interpretation, decision or denial to the Board of County Commissioners by filing a written notice of appeal with the County Manager within 30 working days from the date of such decision, interpretation, or denial. The County Manager shall provide the Board of County Commissioners with a copy of said notice of appeal. The notice of appeal shall be provided to the applicant by certified mail, return receipt requested, and shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within 30 working days of the date of filing the appeal, or the first regular county commission meeting which is scheduled, whichever is latest in time, the Board of County Commissioners shall hear the appeal and issue a final decision. Nothing contained herein shall preclude the county commissioners from seeking additional information prior to rendering a final decision.

hh.

Reserved.

ii.

Discovery or accidental disturbance of historical/archaeological sites and properties during construction. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the following procedures shall be followed:

The County Manager or designee and code enforcement shall be contacted.

The County Manager or designee shall officially notify the property owner/developer of the discovery within 24 hours and shall issue a stop work order.

A certified archaeologist contracted by the property owner/developer shall determine whether the discovery site requires further investigation based upon the size and distribution of this site, depth of deposits, soil type, vegetation, and topography.

If the site requires further investigation, the certified archaeologist shall cordon off the identified area, at a point ten feet from the perimeter of the discovery site.

ii)

If the discovery site does not require further investigation, construction activity may resume after authorization by a certified archaeologist.

The certified archaeologist shall make recommendations for the treatment of accidental discoveries based on standards outlined in the "Treatment of Archaeological Properties" in accordance with 36 CFR part 800, as amended. These recommendations shall be considered for incorporation into the applicable local development order.

The certified archaeologist shall expeditiously assess the cordoned-off area and determine whether it is significant based on criteria outlined in section n.

If the identified area is determined to be significant, an historical/archaeological survey and assessment shall be prepared by a certified archaeologist for the entire project if one has not been completed as required by this division. The certified archaeologist's recommendations derived from his survey and assessment shall be considered for incorporation into the applicable local development order. If an historical/archaeological survey and assessment has been prepared in accordance with section m and section n, the recommendations shall be modified and incorporated into the local development order to reflect the additional site(s).

ii)

If the identified area is determined not to be significant, a preliminary survey of the entire project shall be conducted by a certified archaeologist. Any sites determined to be significant during the preliminary survey shall be subject to requirements in section E. Construction activity within the cordoned-off area may continue after all necessary artifacts and indicators have been recorded and upon authorization by a certified archaeologist.

The certified archaeologist shall prepare a report outlining the results of his assessment and provide a copy to the County Manager or designee. The County Manager or designee shall provide a copy of the report to the preservation board members.

Land areas in close proximity to the discovery site deemed to have historical/archaeological significance based on the criteria in section n shall be considered by the preservation board for addition to the map of areas of historical/archaeological probability.

jj.

Discovery of historical or archeological sites and properties during site inspection. If, during a project review site inspection, an historic or archaeological site, significant artifact, or other indicator is found, the following procedures shall be implemented.

The project review staff shall cordon off the immediate area and contact the County Manager or designee.

ii.

The identified area shall be further cordoned off at a point ten feet from the perimeter of the discovery site as identified by a certified archaeologist, contracted by the property owner/developer.

iii.

The certified archaeologist shall assess the identified area and determine whether it is significant based on criteria outlined in subsection n.

If the identified area is determined to be significant, an historical/archaeological survey and assessment for the entire project shall be prepared by a certified archaeologist if one has not been completed as required by this division. Recommendations derived from the historical/archaeological survey and assessment shall be considered for incorporation into the applicable development order. If an historical/archaeological survey and assessment has been prepared in accordance with section E, the recommendations shall be modified and incorporated into the local development order to reflect the additional areas.

If the identified area is determined not to be significant, the certified archaeologist shall complete a preliminary survey of the entire site. Any areas determined to be significant during the preliminary survey shall be subject to the requirements detailed in section ii, item iii. a.

iv.

Land areas in close proximity and encompassing areas deemed to have historical/archaeological significance based on criteria in subsection n shall be considered by the preservation board for addition to the map of areas of historical/archaeological probability.

kk.

Willful disturbance of historical/archaeologically significant sites, districts, structures , buildings , and properties. Willful looting, pillaging, vandalizing or desecration, as defined by this division, of historical/archaeologically significant sites, districts, structures , buildings , and properties constitutes a violation punishable as described in subsection oo.

ll.

Willful disturbance of an unmarked burial or burial site. It is a violation of section E. for any person to willfully and knowingly disturb an unmarked burial or burial site, or destroy, mutilate, deface, injure or remove any burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts or other structures or items placed or designed for a memorial, or to disturb the contents of a tomb or grave or for any person to have knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and to fail to notify the local law enforcement agency with jurisdiction in the area. Such actions may also be punishable as a felony pursuant to F.S. ch. 872, as amended.

mm.

Appeals. Any party aggrieved by a decision or interpretation of this regulation made by the County Manager or the preservation board shall have the right to appeal said interpretation, decision or denial to the Board of County Commissioners by filing a written notice of appeal with the County Manager within 30 working days from the date of such decision, interpretation, or denial. The County Manager shall provide the Board of County Commissioners with a copy of said notice of appeal. The notice of appeal shall be provided to the applicant by certified mail, return receipt requested, and shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within 30 working days of the date of filing the appeal, or the first regular county commission meeting which is scheduled, whichever is latest in time, the Board of County Commissioners shall hear the appeal and issue a final decision. Nothing contained herein shall preclude the county commissioners from seeking additional information prior to rendering a final decision.

nn.

Jurisdiction. Section E. shall apply to all unincorporated areas of Collier County, Florida.

oo.

Penalties. A violation of the provisions of section E. shall constitute a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punishable by civil or criminal penalties including a fine of not more than $500.00 per violation per day for each day the violation continues or whatever reasonable amount as a judge may feel appropriate and including a requirement that any work or development performed contrary to section E must be removed and the property returned to its condition at commencement of said action. The Board of County Commissioners shall have the power to collaterally enforce the provisions of section E. by appropriate judicial writ or proceeding notwithstanding any prosecution as a misdemeanor.

State Law reference— Penalty for ordinance violations, F.S. § 125.69.

Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).

The provisions of the "GGPPOCO" district are intended to provide Golden Gate City with a viable professional office commercial district. The professional office commercial district has two (2) purposes. (1), to serve as a bonafide entry way into Golden Gate City. (2), to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development which minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts.

These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. in Golden Gate City as measured perpendicularly from the abutting right-of-way for a distance of approximately 3,600 feet more or less and consisting of approximately 20.84 acres. These properties are identified on Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories.

Permitted Uses.

Accounting (8721).

Adjustment and collection services (7322).

Advertising agencies (7311).

Architectural services (8712).

Auditing (8721).

Banks and credit Unions (6021-6062).

Bookkeeping services (8721).

Business associations (8611).

Business consulting services (8748).

10.

Business credit institutions (6153—6159).

11.

Commercial art and graphic design (7336).

12.

Commercial photography (7335).

13.

Computer programming services (7371).

14.

Computer programming, processing, data preparation, information retrieval, facilities management, and miscellaneous services (7371, 7374—7376, 7379).

15.

Credit reporting services (7323).

16.

Direct mail advertising services (7331).

17.

Eating places (5812 except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants, carry-out; restaurants, fast-food; submarine sandwich shops).

18.

Employment Agencies (7361).

19.

Engineering services (8711).

20.

Health services, offices and clinics (8011—8049).

21.

Holding and other investment offices (6712—6799).

22.

Insurance carrier, agents and brokers (6311—6399, 6411).

23.

Legal services (8111).

24.

Loan brokers (6163).

25.

Management services (8741—8742).

26.

Mortgage bankers and loan correspondents (6162).

27.

Museums and art galleries (8412).

28.

Personal credit institutions (6141).

29.

Photographic studios, portrait (7221).

30.

Professional Membership organizations (8621).

31.

Public administration (9111—9199, 9229, 9311, 9411—9451, 9511—9532, 9611—9661).

32.

Public relations services (8743).

33.

Radio, television and publishers advertising representatives (7313).

34.

Real estate (6512—6514, 6519, 6531—6553).

35.

Research, development and testing services (8732).

36.

Secretarial and court reporting services (7338).

37.

Security and commodity brokers, dealers, exchanges, and services (6211—6289).

38.

Surveying services (8713).

39.

Tax return preparation services (7291).

40.

Travel agencies (4724).

41.

Veterinary services (0742, excluding outside kenneling).

42.

Any other commercial use or professional service which is comparable in nature with the foregoing uses.

Accessory Uses .

Uses and structures that are accessory and incidental to the permitted uses.

For signage to be located along the Golden Gate Parkway, see sections 5.06.00 the Collier County Sign Code and the Golden Gate Master Plan.

Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below.

2.03.07.Ga.png

2.03.07.Gb.png

State Road 29 Commercial Overlay Subdistrict: Special conditions for the properties abutting SR-29, as identified in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities, and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway . The provisions of this subdistrict are intended to provide an increased commercial depth along SR-29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties.

Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the properties abutting Jefferson Avenue as identified in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway . The provisions of this subdistrict are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties.

Farm Market Overlay Subdistrict: Special conditions for the properties identified on Map 4; and further identified by the designation "FMOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale and retail uses, outdoor agricultural product displays and sales areas, truck parking, and packing houses and associated uses. The provisions of this subdistrict are intended to provide retail and wholesale opportunities for agricultural businesses as well as provide truck parking for agricultural sales but not within roadways and rights-of-way . The development standards contained herein have been designed to enhance and encourage development and redevelopment.

Permitted uses: All permitted uses within the underlying zoning districts, and the following uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as a right in this sub-district.

Agricultural Services (0723)

Wholesale Trade (5148)

Agricultural Outdoor Sales. Outdoor sales of agricultural products are permitted on improved or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following:

Vehicular and pedestrian traffic safety measures.

ii.

Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of ten (10) percent of the parking required by section 4.05.04 of this LDC may be occupied or otherwise rendered unusable by the placement of temporary structures , equipment, signs , and merchandise. The minimum number of disabled parking spaces pursuant to section 4.05.07 shall be required.

iii.

Limited hours of operation.

iv.

Fencing, lighting.

Fire protection measures.

vi.

Sanitary facilities.

vii.

The applicant shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricultural outdoor sales.

viii.

The placement of one (1) sign , a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage shall be permitted.

ix.

Agricultural products may be sold from a vehicle provided that the vehicle is not located in the road right-of-way .

Agricultural products may be displayed within any front yard provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights-of-way .

xi.

A minimum 5-foot landscape buffer shall be required adjacent to any road rights-of-way .

Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only) provided:

Separation requirements: There shall be a minimum distance of 500 linear feet between the nearest points on any lot or parcel of land containing such proposed operations, and any lot or parcel which is already occupied by such operation, of for which a building permit has been issued.

ii.

Waiver of separation requirements: The board of zoning appeals may by resolution grant a waiver of part or all of the minimum separation requirements set forth above pursuant to section 10.08.00.

iii.

Separation from residentially zoned lands: There shall be a minimum distance of 500 linear feet from all residentially zoned land.

iv.

Maximum lot area: Two acres.

Accessory uses:

Uses and structures that are accessory and incidental to the permitted uses.

Agribusiness Overlay Subdistrict. Special conditions for the properties identified on Map 5; and further identified by the designation "AOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale uses and agricultural packing houses and associated uses. The provisions of this subdistrict are intended to provide additional lands for agricultural related businesses and expansion opportunities for existing agribusiness. The development standards contained herein have been designed to permit consistent land uses within the AOSD boundary.

Agricultural Services (0723)

Wholesale Trade (5148)

Accessory uses .

Uses and structures that are accessory and incidental to the permitted uses.

Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards.

Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict:

Hotel and motels (7011)

Communication towers, as defined in section 5.05.09, subject to the following:

Such tower is an essential service use as defined by subsection 2.01.03 A.4; and

ii.

Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto.

Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict:

All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521.

Communication towers, as defined in section 5.05.09 subject to the following:

Such tower is an essential service use as defined by subsection 2.01.03 A.4; and

ii.

Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto.

Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict:

Automobile parking (7521).

Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599).

Facility with fuel pumps .

Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline.

Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542).

Radio and television repair shops (7622 automotive).

Outdoor storage yards and outdoor storage.

Drive-through areas.

Warehousing (4225).

10.

Communication towers , as defined in section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict.

11.

Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited.

Accessory uses.

Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict.

Communication towers, as defined in section 5.05.09 subject to the following:

Such tower is an essential service use as defined by subsection 2.01.03 A.4.; and

ii.

Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto.

Conditional uses.

Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in section 10.08.00 and as set forth below:

Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict.

ii.

Communication towers, as defined in section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto.

iii.

The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict:

Automobile parking (7521).

Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599).

Facility with fuel pumps .

Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542).

Radio and television repair shops (7622 automotive).

Outdoor storage yards and outdoor storage.

Drive-through areas.

Warehousing (4225).

Communication towers , as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict.

Any other heavy commercial use which is comparable in nature with the foregoing uses and is deemed consistent with the intent of this Subdistrict.

Special requirements for outdoor display and sale of merchandise.

Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions:

The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and is indicated on the proprietors' occupational license.

The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following:

Vehicular and pedestrian traffic safety measures.

ii)

Location of sale/display of merchandise in relation to parking areas.

iii)

Fire protection measures.

iv)

Limited hours of operation from dawn until dusk.

ii.

Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street " approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following:

Location of sale/display of merchandise in relation to road rights-of-way ;

Vendor carts are located on sidewalks that afford the applicant a five (5) foot clearance for non-obstructed pedestrian traffic; and

Limited hours of operation from dawn until dusk.

Map 7 - Main Street Overlay Subdistrict

Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan.

Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties in the Immokalee Urban Area and to establish a process to provide property owners an official record acknowledging the permitted use of the property and render existing mobile homes, and other structures, as lawful. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish compliance with this LDC section 2.03.07 G.6.

Application requirements. Property owners shall file an application as provided for in the Administrative Code, Chapter 4, Section I.3.a. - Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, requirements, and process expressly stated in the Administrative Code and this LDC section.

Criteria for review. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee.

Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements.

ii.

The District Fire Official shall provide written confirmation that either an existing fire hydrant or a supplemental apparatus, provided by the Fire District, is adequate for fire protection.

iii.

National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 through 6.1.2).

Density . Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06 G.6.c.i are met.

Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site improvement plan shall establish the maximum density on the property which shall not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improvement plan.

ii.

Where the zoning district allows for additional density , new mobile home units may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.33.

Interim Deviations: Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process.

Review Process. Insubstantial deviations will be reviewed administratively by the County Manager or designee. Substantial deviations will be reviewed by the Planning Commission. This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process. Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with Section 9.04.00 of the LDC.

Concurrent Deviation Application required. All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP or amendment or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s), and shall depict the deviation(s) graphically on the plan(s). Additional graphic information may also be required by staff, on a case-by case basis.

Insubstantial Deviations. Requested deviations that do not exceed 10 percent of the required dimension, amount, size, or other applicable dimensional standard, with the exception of the required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial. To be approved, the following criteria must be considered:

The proposed deviation is compatible with adjacent land uses and structures , achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related Land Development Code regulations; and

ii.

The applicant proposes equitable tradeoffs for the proposed diminution in development standards, such as increased open space , landscaping, pedestrian spaces, buffering or architectural features, in order to meet the intent of the regulation being diminished.

Substantial Deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations:

Considerations for Review and Approval: The CCPC shall consider the following:

Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; and

Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and

Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits.

Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following Code provisions, unless otherwise noted.

2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii.

ii.

2.03.03 Commercial Zoning Districts, limited to the following subsections:

A.1.c.11.vii. limited to a maximum of three stories , viii., and ix.; and

E.1.c.4.iv.

iii.

2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area only.

iv.

3.05.07 B.1 Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset).

4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts:

Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts;

Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels , no deviation shall be granted, for new development , from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area for new development , but deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain;

Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning Districts.

vi.

4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E (Table Inset), except building height.

vii.

4.02.03 Specific Standards for Location of Accessory Buildings and Structures , Dimensional Standards, except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain.

viii.

4.02.03 B Accessory Building Lot Coverage.

ix.

4.02.27 C Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, Building Design Standards.

4.02.28 A Same—Jefferson Avenue Commercial Overlay Subdistrict, Building Design Standards.

xi.

4.02.29 A Same—Farm Market Overlay Subdistrict, Dimensional Standards.

xii.

4.02.32 Same—Main Street Overlay Subdistrict, limited to the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3.

xiii.

4.05.04 H (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC section 4.05.04 G.2., recognizing that the reduced need for off-street parking in Immokalee may be offered as a viable basis for such administrative deviation.

xiv.

4.06.02 C Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels , no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain.

xv.

4.06.03 B Landscaping Requirements for Vehicular Use Areas and Rights-of-Way , Standards for Landscaping in Vehicular Use Areas.

xvi.

4.06.05 B General Landscaping Requirements, Landscaping requirements for industrial and commercial development , limited to subsection B.3.

xvii.

4.06.05 C General Landscaping Requirements, Building Foundation Planting Requirements (including Table Inset).

xviii.

5.05.08 C Architectural and Site Design Standards, Building Design Standards. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations.

xix.

5.05.08 D Design Standards for Specific Uses. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations.

xx.

5.05.08 E Architectural and Site Design Standards, Site Design Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity.

xxi.

5.06.04 Development Standards for Signs in Nonresidential Districts, limited to subsection F.

Duration of these provisions. These provisions are interim in nature and will be in effect until the effective date of Comprehensive Immokalee Overlay LDC amendments.

Public Notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests and shall be provided in accordance with the applicable provisions of Section 10.03.05 B, for Variances.

Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to Section No. 250-58 of the Codes of Laws and Ordinances.

Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below.

The purpose and intent of this district is to provide Golden Gate City with additional opportunities for small scale commercial development to serve the surrounding neighborhoods and those traveling nearby. This district is intended to: contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard.

Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards.

In order to reduce the potential conflicts that may result from residential and commercial uses being located in this district, existing residential uses, other than owner-occupied dwellings , are required to cease to exist within a specified time period. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this district.

These regulations apply to properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., lying north of 27th Court S.W. and south of 22nd Place S.W., all in Golden Gate City, and consisting of approximately twenty-two (22) acres. These properties are identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required or allowed in the underlying zoning categories.

Sidewalks . Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic. Adjacent projects shall coordinate the location and intersection of sidewalks .

Figure 2.03.07 H.

The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the Santa Barbara Commercial Overlay District.

Permitted uses.

Accounting (8721).

Adjustment and collection services (7322).

Advertising agencies (7311).

Amusement and recreation services (7999, bicycle and moped rental only).

Animal specialty services, except veterinary (0752, dog grooming and pedigree record services only) excluding outside kenneling.

Apparel and accessory stores (5611-5699).

Architectural services (8712).

Auditing (8721).

Auto and home supply stores (5531).

10.

Banks, credit unions and trusts (6011-6099).

11.

Barber shops (7241).

12.

Beauty shops (7231).

13.

Bookkeeping services (8721).

14.

Business associations (8611).

15.

Business consulting services (8748).

16.

Business credit institutions (6153-6159).

17.

Child day care services (8351).

18.

Civic, social and fraternal associations (8641).

19.

Commercial art and graphic design (7336).

20.

Commercial photography (7335).

21.

Computer and computer software stores (5734).

22.

Computer programming, data processing and other services (7371-7379).

23.

Credit reporting services (7323).

24.

Crematories (7261).

25.

Dance studios, schools and halls, (7911).

26.

Department stores (5311).

27.

Direct mail advertising services (7331).

28.

Drug stores (5912).

29.

Eating places (5812, except contract feeding, dinner theaters, food service - institutional, industrial feeding).

30.

Educational services.

31.

Electrical and electronic repair shops, miscellaneous (7629 - except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines).

32.

Engineering services (8711).

33.

Federal and federally-sponsored credit agencies (6111).

34.

Food stores (5411 - except supermarkets, 5421-5499).

35.

Funeral service (7261).

36.

Garment pressing, and agents for laundries and drycleaners (7212).

37.

General merchandise stores (5331-5399).

38.

Glass stores (5231).

39.

Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04.

40.

Hardware stores (5251).

41.

Health services, offices and clinics (8011-8049)

42.

Home furniture and furnishings stores (5713—5719).

43.

Home health care services (8082).

44.

Insurance carriers, agents and brokers (6311—6399, 6411).

45.

Labor unions (8631).

46.

Landscape architects, consulting and planning (0781).

47.

Laundries and dry cleaning, coin operated - self service (7215).

48.

Legal services (8111).

49.

Loan brokers (6163).

50.

Management services (8741, 8742).

51.

Membership organizations, miscellaneous (8699).

52.

Mortgage bankers and loan correspondents (6162).

53.

Museums and art galleries (8412).

54.

Musical instrument stores (5736).

55.

Paint stores (5231).

56.

Personal credit institutions (6141).

57.

Personnel supply services (7361 & 7363).

58.

Photocopying and duplicating services (7334).

59.

Photofinishing laboratories (7384).

60.

Photographic studios (7221).

61.

Physical fitness facilities (7991).

62.

Political organizations (8651).

63.

Professional membership organizations (8621).

64.

Public administration (9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661).

65.

Public relations services (8743).

66.

Radio, television and consumer electronics stores (5731).

67.

Radio, television and publishers advertising representatives (7313).

68.

Real estate (6521-6541).

69.

Record and prerecorded tape stores (5735).

70.

Religious organizations (8661).

71.

Retail services, miscellaneous (5912, 5942-5961, 5992-5999).

72.

Retail nurseries, lawn and garden supply stores (5261).

73.

Secretarial and court reporting services (7338).

74.

Security and commodity brokers, dealer, exchanges and services (6211—6289).

75.

Shoe repair shops and shoeshine parlors (7251).

76.

Social services, individual and family (8322 - activity centers, elderly or handicapped; adult day care centers; and, day care centers, adult and handicapped only).

77.

Social services, not elsewhere classified (8399).

78.

Surveying services (8713).

79.

Tax return preparation services (7291).

80.

United State Postal Service (4311 except major distribution center.)

81.

Veterinary services (0742 veterinarian's office only, excluding outdoor kenneling.)

82.

Videotape rental (7841).

83.

Wallpaper stores (5231).

84.

Watch, clock and jewelry repair (7631).

Prohibited uses.

Gasoline service stations (5541).

Bayshore Mixed Use Overlay District (BMUD). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series.

Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian-oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity, including a mix of residential, civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings , both commercial and residential, are located near the street , and may have front porches and/or balconies.

Applicability.

These regulations shall apply to the Bayshore Mixed Use Overlay District as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps.

Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Bayshore Overlay District requirements.

Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan.

The purpose of the BMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County GMP. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the LDC.

Property owners within the BMUD may establish uses, densities and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply.

Bayshore Mixed Use District (BMUD) Subdistricts.

The BMUD consists of the following subdistricts:

Neighborhood Commercial Subdistrict (BMUD-NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in a single building . This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including galleries, artists' studios, and live-work units . Developments will be human-scale and pedestrian-oriented.

ii.

Waterfront Subdistrict (BMUD-W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is intended to allow a mix of residential and commercial uses including limited marina and boatyard uses.

iii.

Residential Subdistrict 1 (BMUD-R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street .

iv.

Residential Subdistrict 2 (BMUD-R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi-family residences as transitional uses between commercial and single-family development . The multi-family buildings shall be compatible with the building patterns of traditional neighborhood design.

Residential Subdistrict 3 (BMUD-R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single-family dwellings . All new development in this subdistrict shall be compatible with the building patterns of traditional neighborhood design.

vi.

Residential Subdistrict 4 (BMUD-R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached single-family dwelling units, while allowing for building additions such as front porches.

Use Categories and Table of Uses.

All uses permitted in the BMUD subdistricts have been divided into 9 general categories, which are summarized below:

Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration.

Lodging: Premises available for short-term human habitation, including daily and weekly rental.

Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component.

Retail and Restaurant : Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing.

Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation.

Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.

Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions.

Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services .

ii.

Interpretation of the Table of Uses.

The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation.

Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation.

Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16.

iii.

Table of Uses.

Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts

USE TYPE		BMUD SUBDISTRICTS						ADDITIONAL STANDARDS
		RESIDENTIAL				MIXED USE
		R1	R2	R3	R4	NC	W
a) RESIDENTIAL
	1) Dwelling, Single-Family	P	P	P	P	P
	2) Dwelling, Duplex	P	P	P
	3) Dwelling, Two-Family	P	P	P		P	P
	4) Dwelling, Rowhouse	P	P	P		P	P
	5) Dwelling, Multi-Family (3 or more)	P	P	P		P	P
	6) Dwelling, Mobile Home			P*				*If allowed by underlying zoning
	7) Home Occupations	A	A	A	A	A	A	5.02.03
	8) Live-Work Units			CU		P	P	4.02.16 C.6.
	9) Artist Village	CU	CU	CU		P	P	4.02.16 C.3.
b) LODGING
	1) Bed & Breakfast Facilities			CU		CU	CU	4.02.16 C.4.
	2) Hotels and Motels					P	P
c) OFFICE/SERVICE
	1) Banks, Credit Unions, Financial Services					P
	2) Business Support Services					P	P
	3) Child Care Services	CU	CU	CU		CU	CU
	4) Community Service Organization					P	P
	5) Drive Thru Service (banks)
	6) Government Services					P	P
	7) Family Care Facility/Nursing Home					P	P
	8) Medical Services - Doctor Office					P	P
	9) Medical Services - Outpatient/Urgent Care					P
	10) Personal Care Services					P	P
	11) Post Office					P	P
	12) Professional Office or Service					P	P
	13) Rental Services - Equipment/Vehicles					P	P
	14) Studio - Art, Dance, Martial Arts, Music					P	P
	15) Studio - Motion Picture					CU
	16) Vehicle Services - Maintenance/Repair
	17) Veterinarians Office					P	P
	18) Video Rental					P	P
d) RETAIL/ RESTAURANTS
	1) Auto Parts Sales
	2) Bars/Tavern/Night Club					P	P
	3) Drive Thru Retail/ Restaurant
	4) Gas Station with Convenience Store					P	P	5.05.05
	5) Neighborhood Retail - <2,000 sf					P	P
	6) General Retail - <15,000 sf					P	P
	7) General Retail - >15,000 sf					CU	CU
	8) Restaurant					P	P
	9) Shopping Center					CU	CU
	10) Vehicle/Boat/Heavy Equipment Sales						CU	4.02.16 C.7.
e) ENTERTAINMENT/RECREATION
	1) Gallery / Museum					P	P
	2) Meeting Facility					P	P
	3) Cultural or Community Facility					P	P
	4) Theater, Live Performance					P	P
	5) Theater, Movie					CU	CU
	6) Recreation Facility, Indoor					P	P
	7) Recreation Facility, Outdoor					CU	CU
	8) Amusements, Indoor					P	P
	9) Amusements, Outdoor					CU	CU
	10) Community Garden	P	P	P	P	P	P	4.02.16 C.5.
f) MANUFACTURING/WHOLESALE/STORAGE
	1) Laboratory - Medical, analytical, research					P
	2) Laundries and Dry Cleaning					P
	3) Media Production					P
	4) Metal Products Fabrication					P
	5) Mini-Warehouses
	6) Repair Shops					P	P
	7) Research and Development					P	P
	8) Storage - Outdoor					A		4.02.16 C.9.
	9) Storage - Warehouse
g) CIVIC INSTITUTIONAL
	1) College/University					P	P
	2) Educational Plant	P	P	P	P	P	P
	3) Hospital
	4) Membership Organizations					P	P
	5) Public Safety Facility					CU	CU
	6) Religious Institution	CU	CU	CU	CU	CU	CU
	7) Schools - Elementary and Secondary
	8) Schools - Vocational and Technical
h) INFRASTRUCTURE
	1) Automobile Parking Facilities					CU
	2) Boat Launch						A
	3) Essential Services	P	P	P	P	P	P
	4) Marinas and Boatyards					P	P	4.02.16 C.7.
	5) Transit Station
	6) Wireless Telecommunication Facility

Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three.

Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation.

Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16.

Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below.

GZO - Map 1

Permitted uses. The following uses are permitted as of right in this subdistrict:

Clam nursery, subject to the following restrictions:

A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through saltwater system" on the shore of a lot until the clam reaches a size of approximately one-half inch.

ii.

For the purposes of this section, a "raceway" or "flow-through salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams.

iii.

At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area.

iv.

The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture.

The nursery must not be operated on a vacant lot , unless both of the following requirements are met:

The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to the vacant lot ; and

The vacant lot must not be leased to another individual for purposes of operating a clam farm within the RSF-4 and VR zoning districts.

vi.

At no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring naturally in the water.

vii.

Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery.

viii.

Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank

Conditional uses. The following uses are permitted as conditional uses in this subdistrict:

Reserved.

Parking/storage of major recreational equipment, personal vehicles, and certain commercial vehicles.

Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer subdivisions , boats, trailers, recreational vehicles and other recreational equipment may be stored in any yard subject to the following conditions.

Recreational equipment must not be used for living, sleeping, or housekeeping purposes when parked or stored.

ii.

Recreational vehicles or equipment must not exceed 35 feet in length.

iii.

Recreational vehicles or equipment must not be parked, stored or encroach in any county right-of-way easement.

iv.

Recreational vehicles or equipment that exceed 35 feet in length will be subject to the provisions of section 5.03.06 of this Code.

Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions.

No vehicle shall block or impede traffic.

Commercial vehicles 35 feet in length or less will be allowed to park at the owner's home and in the drainage swale subject to the following conditions:

No vehicle shall block or impede traffic;

ii.

Drainage must not be blocked or impeded in any way as a result of the parking in the swales;

iii.

Parking will only be permitted in driveways and not in yard areas; and

iv.

No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged in a construction or service operation on the residence/site where it is parked. The vehicle engaged in this service must be removed as soon as the construction or service is completed. For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or passenger car used for commercial purposes and licensed by the Department of Transportation. A vehicle is not considered a commercial vehicle merely by the display of a business name or other insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in the construction industry will be allowed to park at a residence or site overnight unless specifically approved by the County Manager or his designee.

Storage sheds. Parcels located off of Bayshore Way are allowed to retain any sheds that were constructed prior to October 17, 2003. Storage sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Way constructed after October 17, 2003 are permissible if they comply with the following requirements:

The appropriate building permit must be obtained.

Bayshore Way setback : ten feet.

Waterfront setback : ten feet.

Side yard setback : 0 feet.

Maximum size of shed: 144 square feet.

Sign requirements. All signs existing as of October 17, 2003 in Goodland are exempt from the requirements of the Collier County sign ordinance (section 5.06.00) for five years from October 17, 2003 or until the sign is destroyed, whichever comes first. Any signs constructed after October 17, 2003 must strictly comply with section 5.06.00. Sign maintenance is limited to painting existing signs . All other maintenance or repairs will void the exemption and require the owner to construct a sign that strictly adheres to section 5.06.00 in the event that the owner wishes to have a sign .

Activity Center #9 Overlay. The purpose of this designation is to create an enhanced entryway into the Naples urban area through appropriate, unified design elements and standards; the implementation of which will result in an attractive, positive image as outlined in the vision statement of the Activity Center #9 Interchange Master Plan. These regulations and the design standards located in section 4.02.23 apply to the following properties within Activity Center #9 as identified in the Interchange Master Plan Land Use Map:

All buildings and projects that are subject to the requirements of section 5.05.08 of this LDC.

Nonresidential land uses abutting any public street except industrial buildings internal to industrial PUD zoned project, that are located no less than 200 feet from the public street .

Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO).

Purpose and intent. The purpose and intent of this district is to encourage development and re development of the Vanderbilt Beach area to be sensitive to the scale, compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive.

Applicability. These regulations shall apply to the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map VBRTO-1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required or allowed in the applicable underlying zoning district.

Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map VBRTO-1 below.

VBRTO-1

Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for future development and re development in the overlay district.

Development criteria. The following standards shall apply to all uses in this overlay district.

Permitted uses.

Hotels and motels .

ii.

Multi-family dwellings .

iii.

Family care facilities , subject to section 5.05.04.

iv.

Timeshare facilities.

Accessory uses.

Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO).

ii.

Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel / motel .

iii.

Private docks and boathouse s, subject to sections 5.03.06 and 5.05.02.

iv.

Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks, playgrounds and playfields.

Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in section 10.08.00:

Churches and other places of worship.

ii.

Marinas , subject to section 5.05.02.

iii.

Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 5.03.06.

iv.

Group care facilities (category I and II); care units ; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04.

Private clubs.

vi.

Yacht clubs.

Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO).

Minimum lot area . One contiguous acre, not bisected by a public right-of-way .

Minimum lot width . 150 feet.

Minimum yard requirements .

Front yard : one-half the building height with a minimum of 30 feet.

ii.

Side yards : one-half the building height with a minimum of 15 feet.

iii.

Rear yard : one-half the building height with a minimum of 30 feet.

Maximum height: 75 feet. The height of the building will be measured according to the definitions in section 1.08.02: building, actual height of and building, zoned height of .

Maximum density permitted. A maximum of 26 units per acre for hotels and motels , and 16 units per acre for timeshares, multifamily, family care facilities.

Distance between structures. The minimum horizontal distance separation between any two principal buildings on the same parcel of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 4.02.01.

Floor area requirements.

Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels , except that twenty percent (20%) of the total units may exceed the maximum.

ii.

Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet).

Maximum lot area coverage. (Reserved.)

Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon.

Figures 1—4, while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted.

Off- street parking and off- street loading. As required in Chapter 4 of this Code.

Landscaping requirements. As required in Chapter 4 of this Code.

10.

Signs. As required in section 5.06.00 of this Code.

11.

Coastal Construction Setback Lines (CCSL). As required in subsection 10.02.06 H.

12.

Post-Disaster Recovery And Reconstruction Management. As required in the Code of Laws of Collier County.

13.

Vested Rights. All projects within the Overlay District for which completed applications for rezoning, conditional use, variance, subdivision , site development plan or plat approval were filed with or approved by Collier County Prior to the adoption date of the moratorium January 9, 2002, and subsequent amendments to LDC (moratorium provisions have expired), shall be subject to the zoning regulations for this Residential Tourist Zoning District in effect at the time the application was deemed to be complete or at the time the application was approved and or not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay regulations. For purposes of this provision, the term "completed application" shall mean any application which has been deemed sufficient by planning services staff and has been assigned an application request number.

Restricted Parking (RP) Overlay District. Restricting the parking of commercial and major recreational equipment.

Purpose and intent. It is the intent and purpose of the restricted parking overlay district (RP) to allow residents within a subdivision in Collier County to prescribe stricter regulations governing the parking of commercial and/or major recreational equipment than is provided under the minimum requirements set forth in this zoning code. This district is intended to apply as an overlay district for areas or portions of areas which are zoned for residential uses. The purpose of this section is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and the free flow of air currents, and to maintain the lasting values and amenities of the neighborhood.

Establishment of zoning classification. A zoning overlay district, to be known as the restricted parking overlay district, and to be designated on the official zoning atlas by the symbol "RP" in conjunction with the basic residential symbol, is hereby established.

Procedure for establishing district. Upon petition to the Board of County Commissioners, signed by a minimum of 100 property owners or 50 percent of the property owners, whichever is the lesser, in the proposed district, platted subdivision , or a voting precinct comprising a homogeneous zoning area, the Board of County Commissioners may revise the boundaries of the district and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the district voting in the next general election held specifically for the implementing ordinance. The election permits a choice by the elector if in favor of or opposed to the regulations adopted by the implementing ordinance.

Gateway Triangle Mixed Use Overlay District (GTMUD). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series.

Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human-scale, pedestrian-oriented, interconnected projects that are urban in nature and include a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed-use buildings , an interconnected street system, and connections to adjacent neighborhoods. When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel .

This District is intended to: revitalize the commercial and residential development ; promote traditional urban design; encourage on street parking and shared parking facilities; provide appropriate landscaping and buffering ; and protect and enhance the Shadowlawn residential neighborhood.

Applicability.

These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps.

Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan.

The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the Collier County Land Development Code (LDC).

Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.16 shall apply.

Gateway Triangle Mixed Use District (GTMUD) Subdistricts.

The Gateway Triangle Mixed Use District consists of the following subdistricts:

Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian-oriented commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi- story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples.

ii.

Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non-residential uses in a walkable context.

Use Categories and Table of Uses.

All uses permitted in the GTMUD subdistricts have been divided into nine general categories, which are summarized below: