naples, florida - book 117 • page...city of naples to approve text amendment petition no. 01-t4;...

Book 117 • Page 5

Agenda Item Al .2_Meeting of 4/18/01

ORDINANCE 01-9152

AN ORDINANCE AMENDING SECTION 82-10, DEFINITIONS, OF THE CODE OF ORDINANCES OFTHE CITY OF NAPLES BY ADDING NEWLY CREATED RESIDENTIAL DISTRICTS TO THEDEFINITION OF DWELLING DISTRICT AND DELETING THE DEFINITION OF ENTERTAINMENT,STAGED; AMENDING SECTIONS 102-52, 102-53, 102-82, 102-83, 102-113, 102-143; 102-173, 102-183, 102-203 OF THE CODE OF ORDINANCES OF THE CITY OF NAPLES IN ORDER TOPROVIDE INTERNAL CONSISTENCY IN THE "RE RURAL ESTATES DISTRICT", "R1-E RESIDENCEDISTRICT", "R1-15A RESIDENCE DISTRICT", "R1-15 RESIDENCE DISTRICT", "R1-10RESIDENCE DISTRICT", "R1-10A RESIDENCE DISTRICT", AND "R1-7.5 RESIDENCEDISTRICT"; PROVIDING FOR GUEST UNITS AND RECREATIONAL FACILITIES; AND PROVIDING ASEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE.

WHEREAS, City staff has been requested to amend the Code of Ordinances inorder to provide internal consistency; and

WHEREAS, following a public hearing, the Planning Advisory Board hasconsidered the recommendation of the staff and the public input andhas recommended by a vote of 7 to 0 that these provisions of the Codeof Ordinances be revised; and

WHEREAS, after considering the recommendation of the Planning Advisory Boardand City staff and following a public hearing on the subject, theCity Council has determined that it is in the best interest of theCity of Naples to approve Text Amendment Petition No. 01-T4;

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:

Section 1. That Sections 82-10, 102-52, 102-53, 102-82, 102-83, 102-113, 102-143, 102-173, 102-183, 102-203, of the Code of Ordinances of the Cityof Naples, Florida, are hereby amended to read as follows: (withunderlining indicating additions and strikeout indicating deletions):

Section 82-10, Definitions.

The following words, terms and phrases, when used in thiscomprehensive development code, shall have the meanings ascribed to themin this section, except where the context clearly indicates a differentmeaning:

Access aisle means an element of off-street vehicular use areasproviding paved accessibility from the accessway to off-street parkingor loading spaces or other vehicular use areas.

Accessory use or structure means a use or structure on the same lotwith and of a nature customarily incidental and subordinate to theprincipal use or structure.

Accessway means an element of off-street vehicular use areascomprising the paved area providing the entrance to or exit from thestreet right-of-way at the property line, leading to the access aisle.

Accretion means slow addition of sand to the beach which increasesbeach size; the opposite of erosion.

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Book klidliaatice 01-9152

Airport clear zone. See High noise impact areas.

Alley means a recorded right-of-way which affords only secondarymeans of access to abutting property and which is not intended forgeneral traffic circulation.

Areas of public concern means areas which pose unique land useproblems or conflicts, or have the potential for such problems in thefuture; in some cases they require development of significantenvironmental impact assessment or general development and site planapproval.

Arterial road means a road which provides relatively continuousservice, high traffic volume, long trip length and high operating speed.

Bakery, retail means a combination bakery and baked goods sales shopat which all of the baked goods produced are sold at retail on thepremises.

Balcony means a platform enclosed by a parapet or railing thatprojects from the wall of a building and is not within the generaloutline or profile of the building.

Basement means a portion of a dwelling located partly underground buthaving less than half its clear floor-to-ceiling height below theaverage grade of the adjoining ground.

Beach means the zone of unconsolidated material that extends landwardfrom the mean low-water line to the place where there is a marked changein materials or physiographic form, or to the line of permanentvegetation, usually the effective limit of storm waves. "Beach" isalternatively termed "shore."

Beach end means an improved area where the street meets the beach,used for parking and disembarking.

Boatyard and boatway mean a commercial marine facility which providessuch facilities as are customary and necessary to provide completeconstruction, reconstruction, repair or maintenance, including liftingor launching services, for all types of marine craft and equipment, inaddition to such wet or dry storage as may be necessary for the repairactivities.

Building means any structure having a roof and used or built for theshelter or enclosure of persons, animals or property of any kind.

Building area, relative to single-family residential lots, means thatportion of lot coverage which is the sum total of all lot area coveredby roof and which is enclosed by walls or any other enclosure system.Mesh screening shall not be considered a wall or enclosure system.Building area is calculated as the area within the outermost perimeterof the enclosing walls or enclosure system.

Building code means the Standard Building Code, as adopted by thecity.

Ordinance 01-9152 13gq 1 h7 • Page 27

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Building height in commercial zoning districts, including HC, Cl, Cl-A, C2, C2-A, C3, C4, I, M, 0, PD, and D, means the vertical distancemeasured from the FEMA first habitable floor height requirement to thepeak of the roof or the highest point of any appurtenance attached tothe roof.

Building height in single-family residential districts, including RE,R1-E, R1-15A, R1-15, R1-10, R1-10A, and R1-7.5, means the verticaldistance measured from the greater of:

(1) The FEMA first habitable floor height requirement;

(2) Eighteen inches above the state department of environmentalprotection requirement for the first habitable floor structural support;

(3) Eighteen inches above the elevation of the average crown of theadjacent roads; or

(4) The average natural grade (the natural contours of a land areagenerally unaltered by man's intervention),

To the highest point of the roof surface or parapet.

Building height in multifamily residential districts, including R3-6,R3-12, R3T-12, R3-15, R3T-18, R3-18, R3-15CS, and R3-15M0, means thevertical distance measured from the greater of:

(1) The FEMA first habitable floor height requirement;

(2) Eighteen inches above the state department of environmentalprotection requirement for the first habitable floor structural support;

(3) Eighteen inches above the elevation of the average crown of theadjacent roads; or

(4) The average natural grade (the natural contours of a land areagenerally unaltered by man's intervention),

To the highest point of a flat roof, the deck line of a mansard roof,or to the mean height between the eaves and ridge of a gable, hip orgambrel roof.

Capital improvement means physical assets constructed or purchased toprovide, improve or replace a public facility and which are large-scaleand high in cost. The cost of a capital improvement is generallynonrecurring and may require multiyear financing.

CDBG means community development block grant.

Cellar means a portion of any dwelling having half or more than halfof its clear floor to ceiling height below the average grade of theadjoining ground.

Channelized means physically directing traffic flow by means ofislands, barriers or curbing which forces vehicle traffic into specificlanes; this encourages free-flowing traffic.

Book ICl2diPr1&fic.e_O 1- 9 15 2

Child care center means an enterprise involving the care of three ormore children at one and the same time, either by day or night, whichchildren are not foster children or related by blood or marriage to theoperator.

City means the City of Naples, Florida.

City high-hazard areas means areas seaward of the most restrictiveline of the following: state coastal construction control line, FederalEmergency Management Agency designated velocity zones (FEMA V zones) anderosion-prone bay frontage.

Clinic means an establishment where persons, who are not lodgedovernight, are admitted for examination or treatment by one person or agroup of persons participating in any form of the healing arts,including physical therapists or laboratory technicians under thesupervision of a doctor, whether such persons be medical doctors,chiropractors, osteopaths, chiropodists, naturopaths, optometrists,podiatrists, dentists or any such profession, the practice of which isregulated by the state.

Cluster or cluster development means a development in which a numberof dwelling units are grouped, leaving some land for common use.Residential projects of three or more units, or over one-half acre insize, may employ the concept of clustered development wherebyresidential units are grouped to provide a more efficient design ofinfrastructure and to provide useable open space for the residents.Clustered developments must comply with the density and lot coveragerequirements for the parcel. However, minimum lot requirements may bedecreased provided the land thus saved is allocated to useable openspace areas for the residents of the project. The maintenance of theopen space areas is the responsibility of the owner.

Cocktail lounge means a vendor who sells primarily beer, wine, oralcoholic beverages for consumption on the premises and derives lessthan 51 percent of gross revenues in food in any period of time betweenthe hours of 7:00 a.m. and 2:00 a.m. the following day.

Coastal area of the city. For planning purposes, the entire city isconsidered to lie within the coastal zone boundary. This is due to theinterrelationships of land and water areas

Coastal barrier island means a geological feature which is completelysurrounded by marine waters that front upon the open waters of the Gulfof Mexico, Atlantic Ocean, Florida Bay or Straits of Florida and arecomposed of quartz sands, clays, limestone, oolites, rock, coral,coquina, sediment or other material, including spoil disposal, whichfeature lies above the line of mean high water. Mainland areas whichwere separated from the mainland by artificial channelization for thepurpose of assisting marine commerce shall not be considered coastalbarrier islands.

Coastal high-hazard areas means areas designated by localgovernments, and includes areas which have historically experienceddestruction or severe damage, or which may experience destruction or

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Ordinance 01-9152

severe damage, from storm surge, waves, erosion or other outcomes ofrapidly moving or storm-driven water.

COBRA means the Coastal Barrier Resources Act of 1982.

Collector road means a road that provides service of moderate trafficvolume, moderate trip length and operating speed, and collects anddistributes traffic between local and arterial roads.

Commercial fishery means a commercial establishment for thereceiving, processing, packaging, storage and wholesale or retaildistribution and sale of products of the sea. Such an establishment mayinclude facilities for the docking, loading, unloading, fueling, icingand provisioning of vessels and for the drying, maintenance and storageof equipment.

Commercial vehicle means any vehicle designed, intended or used forthe transportation of people, goods or things, other than privatepassenger vehicles and private trailers used for the nonprofittransportation of goods and boats.

Cones of influence means contour lines associated with water wellswhich exhibit groundwater depth and the area in which groundwatermovement occurs as water is extracted from the water wells.

Conservation areas means locations of critical environmental concernsuch as mangrove areas, natural drainageways, beaches and fresh waterwetlands. This designation also applies to those areas which arepresently isolated from urban development and which lack essentialpublic services and facilities. Conservation areas include marginalland, class III waters, and parks and open space; see the future landuse and conservation/coastal elements of the comprehensive plan.

Cooking facilities means any appliance or manufactured unit (i.e.,Pullman kitchen unit) used for the preparation of food.

Curbline radii means the curvature of street curbs at intersections.

DCA means the state department of community affairs.

Debt service projections means the city's financial obligations forpreviously funded capital improvement projects, or repayment of revenuebonds.

Density means the number of residential dwelling units permitted peracre (43,560 square feet) of land. Streets, alleys, swamplands, mangroveareas and areas covered or to be covered by water (except land to becovered by water for on-site stormwater retention purposes, or as alandscape architectural feature, and which is not part of a platted lakeor drainage easement) are not included in the calculation of netacreage. In the determination of the number of residential dwellingunits to be permitted on a specific parcel of land, a fractional unitlarger than 0.50 shall entitle the owner to an additional unit.

Department store means a retail establishment occupying a minimum of60,000 square feet of gross leasable area, offering a wide variety of

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Ordinance 01-9152

merchandise and services, and organized into departments according tothe kinds of goods sold.

Development means the carrying out of any building activity or miningoperation, the making of any material change in the use or appearance ofany structure or land, or the dividing of land into three or moreparcels (F.S. .5 163.3221(3)).

Development order means any order granting, denying or granting withconditions an application for a development permit (F.S. § 163.3164(6)).

Development permit includes any building permit, zoning permit,subdivision approval, rezoning, certification, special exception orvariance, or any other official action of local government having theeffect of permitting the development of land (F.S. 163.3164(7)).

Dock means any structure, otherwise known as a pier, wharf or loadingplatform, which is constructed on pilings over open water, or which issupported by flotation on the water.

Dockage area means less than ten boat slips.

Dormer means a small gable projecting from a sloping roof holding awindow set vertically. The size of a dormer is relative to theproportion of the roof it projects from and is not a dominant element ofthis roof slope.

DOT means the state department of transportation.

Drainage basin means topographic boundaries which contributestormwater to a drainage system or estuarine or ocean waters.

Drawdown means the underground depth of water as it relates to awater well site.

Drive-in business means any place of business or premises whichserves, sells or otherwise makes available its services or products topatrons situated in automobiles.

Driveway means the paved area leading from the edge of a streetpavement to the accessway at the property line.

DSEI means development of significant environmental impact.

Dune means a mound or ridge of loose sediments, usually sand-sized,lying landward of the beach, and deposited by natural or artificialmeans.

Dwelling district refers specifically to districts RE, Rl-E, R1-15, R1-15A, R1-10, R1-10A, R1-7.5, R3-6, R3-12, R3T-12, R3-12CS, R3-12M0, R3-15, R3T-18, and R3-18, and PD zoned property designated for aresidential use.

Dwelling unit means an assemblage of rooms or spaces that couldprovide living accommodations for a single family, whether in a single-

Book 117 • Page 3/Ordinance 01-9152

family residence, a residence in a multifamily residential building or asingle-family living unit in a transient lodging facility.

Effluent means something flowing out of a body of water, sewer orstorage tank, for example, wastewater effluent.

Entertainment, staged means an accessory use in conjunction with arestaurant, cocktail lounge or other similar establishment, or a

provided. Solo entertainment is excepted from this definition.

Extermination means the control and elimination of insects, rodentsor other pests by eliminating their harborage places, by removing ormaking inaccessible materials that may serve as their food, or bypoisoning, spraying, fumigating, trapping or by any other recognized andlegal pest elimination method approved by the enforcing official.

Fallout shelter means a structure or portion of a structure intendedto provide protection to human life during periods of danger to humanlife from nuclear fallout, air raids, storms or other emergencies.

Family means an individual or two or more persons related by blood,marriage, law or legal adoption, or not more than four persons not sorelated living together as a single housekeeping unit in a dwellingunit. Foster children and domestic servants employed on the premisesshall be considered as related by blood, marriage, law or legaladoption.

Feeder trunk line means a collection of pipes which feed main linesfor the sewer and wastewater effluent reuse system.

FEMA means the U.S. Federal Emergency Management Agency.

Flood and flooding mean a general and temporary condition of partialor complete inundation of normally dry land areas from the overflow ofinland or tidal waters or the unusual and rapid accumulation or runoffof surface waters from any source.

Floodplains means areas inundated during a 100-year flood event oridentified by the National Flood Insurance program as an A zone or Vzone on flood insurance rate maps or flood hazard boundary maps.

Floor area and gross floor area shall be determined by measuring theoutside wall dimensions of all enclosed floor area under roof, excludingbasements, uninhabited attics, garages, carports and screen-enclosedareas.

Foster care facility means housing which provides a family livingenvironment, including supervision and care necessary to meet thephysical, emotional and social needs of the residents, and which serveseither children or adult foster residents.

Four Corners means the intersection of U.S. 41 and Fifth AvenueSouth.

Book 117 • Page 31 Ordinance 01-9152

Garage sale means a garage, yard, lawn, patio or similar type saleheld anywhere on any residential premises for the purpose of disposingof personal property, typically found in a residential household orgarage, by the resident of the premises where the sale is held.

Gasoline service station means a place of business at which theprincipal service is the retail sale of gasoline.

Gate house means an accessory nonresidential building or structurewhich is utilized by a security guard or gatekeeper for the exclusivepurpose of controlling access to a parcel of property.

Grocery store means establishments dispensing food of any kind, otherthan bakeries, for consumption off the premises, and having a grossfloor area of 1,500 square feet or more.

Gross leasable area means the total floor area designed for tenantoccupancy and exclusive use, including mezzanines and upper floors, ifany, expressed in square feet, measured from the centerlines of jointpartitions and exteriors of outside walls.

Groundwater recharge means areas where water enters the ground and isstored in an aquifer and is later extracted for public use.

Group home means a facility which provides a living environment forunrelated residents who operate as the functional equivalent of afamily, including such supervision and care as may be necessary to meetthe physical, emotional and social needs of the residents. It shall notinclude roominghomes or boardinghomes, clubs, fraternities, sororities,monasteries or convents, hotels, residential treatment facilities,nursing homes or emergency shelters.

Guest unit means an accessory unit which is detached from a principaldwelling, limited to one habitable story, and which consists of one ormore habitable rooms including any combination of living rooms,bedrooms, dens, studios, play rooms, wet bar, or kitchens. Garages,utility sheds, open air shelters, pool baths, and similar structures notintended for habitation shall not be considered guest units.

Hazardous waste means solid waste which may cause or significantlycontribute to an increase in mortality or serious illness or which maypose a substantial present or potential hazard to human health or theenvironment.

High density residential means intended to accommodate multifamilyresidential densities of up to 18 dwelling units per net acre.

High noise impact areas means areas surrounding Naples MunicipalAirport where potential noise impact exists from low-flying aircraft,designated as the 65 Ldn noise contour.

Historic resources means areas, districts or sites containingproperties listed on the Florida Master Site File or National Registerof Historic Places, or designated by a local government as historically,architecturally or archaeologically significant.

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De*1 • Page .33Ordinance 01-9152

Home occupation means an occupation carried on as a secondary use ina residence by the occupant of a residential dwelling unit. The use of atelephone in a residence for business purposes is not considered a homeoccupation.

Horticultural landfill. The landfill located east of Goodlette-FrankRoad and south of the public works complex is the storage location forall citywide plant clippings.

Hurricane vulnerability zone means areas delineated by the regionalor local hurricane evacuation plan as requiring evacuation. Thehurricane vulnerability zone shall include areas requiring evacuation inthe event of a 100-year storm or Category 3 storm event.

Infrastructure means public facilities serving the needs of thepopulation, including roads, bridges, sewage disposal and potable watersystems, solid waste disposal sites, piers and docks.

Inland waters includes all tidal waters and all streams, lakes,canals or bay bottom lands as are in fact navigable, but does notinclude beaches fronting on the Gulf of Mexico.

Interceptor means pumps that transmit sewage and wastewater totreatment plants or lift stations.

Kitchen means a portion of a building used or that could be used forthe preparation of food, and shall include cooking facilities, and mayinclude a sink, food refrigeration and preparation facilities, food andutensil storage and dining facilities. Any and all of such features andrelated improvements, i.e., wiring, plumbing and the like, shall beremoved when a kitchen has been determined by the building official tohave been installed in violation of this comprehensive development code.

Level of service is an indicator of the extent or degree of serviceprovided by or proposed to be provided by a facility based on andrelated to the operational characteristics of the facility. Level ofservice shall indicate the capacity per unit of demand for each publicfacility.

Lift station interceptor. A lift station interceptor is similar to aninterceptor with sewage being transported toward a treatment plant andeffluent reuse being transmitted away from the treatment plant.

Littoral zone means the intertidal and near-shore subtidal area ofthe shoreline.

Live entertainment means a use in conjunction with a restaurant,cocktail lounge or other similar establishment, wherein floorshows orother forms of entertainment consisting of one or more persons,amplified or non-amplified, are provided indoors or outdoors. Liveentertainment requires a live entertainment permit in accordance withsection 110-128 of this Code of Ordinances.

Lot. A lot is a lawful building site. Such building site may consistof all portions or combinations of land parcels described by metes andbounds or lots as shown on a subdivision plat.

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Ordinance 01-9152

Lot area means the total area, measured in a horizontal plane, withinthe lot lines of a lot.

Lot coverage means that percentage of a lot or parcel of land that iscovered or occupied by all buildings, including accessory buildingsunder the terms of this comprehensive development code. Fences,shuffleboard courts, swimming pools and the like shall not be includedin computing lot coverage. Balconies and means of egress shall beincluded in determining building coverage if either of the followingconditions exists and to the extent that such conditions exist:

(1) Balconies and means of egress project more than six feet from thebuilding wall of any floor.

(2) The combined length of balconies and means of egress on any one floorlevel along a building wall exceeds 50 percent of the length of thewall.

Lot depth means the horizontal distance between the rear lot line, orthe narrowest front lot line in the case of lots with two frontages, orthe intersection of the side lot lines, and the midpoint of the frontline, measured back from the midpoint in the mean direction of the sidelot lines; also the line so described.

Lot line means the lines bounding a lot as defined in this section.

Lot of record means a lot which is part of a platted subdivision or aparcel of land recorded in a county deed book or official record book.

Lot width means the horizontal distance between the side lot lines,or between the side lot line and the longest front lot line, measured atright angles to the lot depth at a point midway between the front andrear or narrowest front lot line.

Low density residential means intended to accommodate single-familyor other similar residential uses of up to approximately six dwellingunits per net acre.

Marina means an establishment with a waterfront location designed toservice watercraft. A marina may include such activities as refuelingand lubrication of watercraft, covered or uncovered boat slips or dockspace, dry storage of watercraft, charter and sightseeing boat dockage,boat and boat motor sales or rentals, outfitting, maintenance andrepair, including haul-out facilities, boat launching, retail sale ofboating or fishing supplies and accessories, restaurants or refreshmentfacilities, laundry facilities or other customary accessory facilities.No boat manufacturing or major reconstruction is permitted.

Mean sea level means the average height of the sea for all stages ofthe tide. It is used as a reference for establishing various elevationswithin the floodplain. For purposes of this comprehensive developmentcode, the term is synonymous with National Geodetic Vertical Datum(NGVD).

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Book 117 • Page 35Ordinance 01-9152

Medium density residential means intended to accommodate single-family and multifamily residential densities of up to 12 dwelling unitsper net acre.

Mixed use area is a designation to guide the development andredevelopment of bay-front property to allow for water-related andwater-dependent uses as well as innovative waterfront development.

Mobile home means a single-family dwelling designed fortransportation after fabrication on streets and highways on its ownwheels or a flatbed or other trailer, and arriving at the site where itis to be occupied as a dwelling complete and ready for occupancy, exceptfor minor and incidental unpacking and assembly operations, location onjacks or permanent foundations, connection to utilities and the like.

Mobile home park means an area designed, constructed, equipped,operated or maintained for the purpose of providing spaces for two ormore mobile homes, intended to be used as temporary or permanent livingfacilities.

Model home means a residential structure used for demonstrationpurposes, not occupied as a dwelling unit and open to the public forinspection.

Motor vehicle means any self-propelled vehicle, fuel or electric orotherwise powered, including motorcycles and mopeds excluding vehiclesmoved solely by human power.

MPO means the Naples/Collier County metropolitan planningorganization.

Multifamily means two or more families.

Natural grade means the natural contours of a land area generallyunaltered by man's intervention.

NGVD means National Geodetic Vertical Datum, a geodetic datumestablished by the National Ocean Service and frequently referred to asthe 1929 Mean Sea Level Datum.

Nonconformity means a lot, structure or use of land, or anycombination thereof, which was lawful before this comprehensivedevelopment code was passed or amended, but which would be prohibitedunder the terms of this comprehensive development code.

Nonpoint source pollution means a combination of pollution sourcesthat are dispersed in such a way that a specific single source of thepollution cannot be identified, for example, agricultural fertilizerrunoff.

Nursery school means any structure, lot or premises where acommercial or institutional establishment is maintained or operatedtemporarily or permanently for the training or care, other than medicalcare, of preschool age children.

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Ordinance 01-9152

Nursing, rest or group home means a home, institution, building orresidence, public or private, whether operated for profit or not, whichprovides accommodations, maintenance, personal care or nursing for aperiod exceeding 24 hours to three or more ill, physically infirm, agedpersons or others in need of physical or mental rehabilitation, who arenot related by blood or marriage to the operator.

Office means a business facility in which business administration,business service and business transactions occur, but In which there isno on-premises display or sale of merchandise.

Open space means undeveloped land suitable for passive recreation orconservation uses.

Ornamental buffer. Ornamental buffers shall be a minimum of six feethigh and shall be composed of structural or plant materials. Within oneyear of installation, and at all times thereafter, ornamental buffersshall be at least 75 percent opaque and shall be maintained in a neat,attractive condition.

Paratransit means transit service such as ridesharing, carpools orvanpools, and demand-response buses.

PD is a zoning designation for planned development. A planneddevelopment allows a mix of well-designed residential, commercial,recreational and other uses. The PD district encourages imaginative,high-quality land planning by approving development compatible withsurrounding land and activities.

Person means any individual, or any entity, partnership, association,corporation, company or organization of any kind. The masculine gendershall include the feminine, and the singular shall include the plural,where indicated by the context.

Point source pollution means a confined point of origin, such aspipes, ditches, conduits or wells, from which pollutants are or may bedischarged.

Potable water facilities means a system which collects, treats anddistributes drinking water, and includes water wells, treatment plants,reservoirs and distribution mains.

Premises means a lot, plot or parcel of land, including the buildingsand structures thereon.

Principal building means a building which houses the main use oractivity occurring on a lot or parcel of ground.

Private club means a property owned or leased and operated by a groupor an association of persons and maintained and operated solely for themembers of such a group or association and their guests, and which isnot available for unrestricted public access or use and which is notoperated for profit.

Public notice means at least 15 days° public notice, published onetime in a newspaper of general circulation in the city, which states the

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Ordinance 01-9152

date, place, time and nature of the business with which the notice isconcerned.

Public utility means any publicly owned or publicly regulatedfacility for rendering electricity, gas, communications, transportation,water supply, sewage disposal, drainage, garbage or refuse disposal orfire protection to the general public.

Refuse means putrescible animal and vegetable wastes resulting fromthe handling, preparation, cooking and consumption of food.

Residence means a single-family dwelling, or dwelling unit in amultifamily complex, which contains sleeping, bathroom and kitchenfacilities.

Restaurant means an establishment where meals or prepared foods,including beverages, are served to customers. Establishments dispensingfoods of any kind solely for consumption off the premises and having agross floor area of less than 1,500 square feet shall be considered asretail sales establishments and not restaurants. Restaurants are herebyclassified and further defined into three categories:

(1) Restaurant, conventional means restaurants consisting of customerseating at tables, booths or counter stools, indoors or outdoors, and

, providing no service to persons at walk-up windows or counters or inmotor vehicles, but shall include cafeterias.

(2) Restaurant, carryout and drive-up means restaurants specializing inshort order foods and beverages, including the preparation of food to betaken out and consumed off the premises, which may be entirely a counterstool type operation, or have any combination of counter stools andtables and booths. No service provided to persons in a motor vehicleexcept for establishments dispensing foods from drive-up or walk-upwindows or counters for consumption either on or off the premises ispermitted under this classification.

(3) Restaurant, drive-in means any restaurant serving food or beveragesto persons in motor vehicles to be consumed on the premises.

Revetment means a sloping structure which serves to separate realproperty and any improvements thereon from any natural or manmade bodyof water.

Right-of-way means land to which the state, county or city owns thefee simple title or has an easement for transportation or utility use.

Riprap slope protection means any shore protection device constructedof loose rock or rubble or other material in a sloping configuration.

Rubbish means combustible and noncombustible waste materials, exceptgarbage.

R/UDAT means the Regional/Urban Design Assistance Team, AmericanInstitute of Architects.

Book 117 • Page 38Ordinance 01-9152

Saltwater/fresh water interface means the common boundary wheresaltwater and fresh water meet.

Saltwater intrusion means locations where saltwater blends into orintrudes into fresh water.

Seasonal population means part-time inhabitants who utilize or may beexpected to utilize public facilities or services, but are notresidents. Seasonal population shall include tourists, migrant farmworkers and other shortterm and longterm visitors.

Seasonal population formula. The seasonal population formula is asfollows: Housing Units x Vacancy Rate x % of Occasional Housing xPersons per Household Current Number of Motel/Hotel Units x StateAverage of Persons per Party.

Seawall means any solid upright structure which serves to separatereal property and any improvements thereon from any natural or manmadebody of water.

SFWMD means the South Florida Water Management District.

Shopping center means a group of commercial establishments plannedand developed as a unit, having a minimum lot area of three acres, withcommon off-street parking provided on the property.

Shoreline means a straight or smoothly curved line which, on tidalwaters, follows the general configuration of the mean high-water line(1.09 feet above mean sea level, or as determined by U.S. Coast andGeodetic Survey datum), and which, on nontidal waters, is determined bythe annual average water level. Small boat slips and other minorindentations shall be construed as lying landward of the shoreline andare considered upland when measuring required yards or computing the lotarea of waterfront property.

Storage garage means a building or portion thereof designed or usedexclusively for term storage of motor-driven vehicles, and at whichmotor fuels or oils are not sold and motor-driven vehicles are notequipped, repaired, hired or sold.

Story means that portion of a building included between a floor andthe floor or roof next above it, including a loft area, carport orgarage. If any part of a building is two-story, the entire building isconsidered two-story.

Street means a public or private thoroughfare which affords theprincipal means of access to abutting property.

Structure means anything constructed or erected, the use of whichrequires a permanent location on the ground or attachment to somethinghaving a permanent location on the ground.

Substandard means a housing unit lacking some or all plumbingfacilities, or being overcrowded. Complete plumbing facilities includehot and cold running water inside the unit, flush toilet and a bathtub

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Ordinance 01-9152

or shower for the exclusive use of the occupants within the unit. Anovercrowded unit is one with more than 1.01 persons per room.

Substantial change means a substantial or significant change to asite plan which may be, but is not limited to, a change which increasesfloor area by more than ten percent of the approved floor area; alters aspecific site condition or design feature of importance in the originalreview process; or significantly affects the project or surroundingneighborhood, as determined by the building official.

Swales means depressions, commonly used in landscaping plans toretain and slow the movement of water.

SWFRPC means the Southwest Florida Regional Planning Council.

Timesharing lodging means a use of a dwelling unit under anarrangement or plan whereby the use of the unit has been segmented overtime so that the owners, lessees or holders, regardless of the form ofownership or form in which the right to use is expressed, of suchdwelling units have a periodically recurring exclusive right to use ofeither that unit or another unit in the same development, according to apredetermined fixed schedule, and only if the schedule would permit inany one year a change or turnover of occupancy five or more times. Intimeshare lodging facilities, each unit may contain living and sleepingaccommodations, sanitary facilities and kitchen or cooking facilities.Timeshare lodging, interval ownership, interval occupancy and similaruses shall be construed to be the same. The city council finds thattimeshare lodging is distinguished from transient lodging in that:

(1) Occupancy is usually for weekly periods of time or longer.

(2) The units are not primarily intended for rent to the public.

(3) The units are usually larger in size than traditional hotel or motelunits, and may be subject to a greater intensity of human occupancy.

(4) The facility is normally subject to a higher occupancy rate.

(5) Each unit typically includes complete living, sleeping, cooking andsanitation facilities.

(6) The facility and neighboring properties are subject to unique impactsas a result of marketing activities.

(7) The management characteristics have the potential of beingsubstantially different from those of transient lodging facilities.

(8) Ownership is diffused rather than concentrated.

(9) Occupancy is not intended for the overnight tourist or traveler.

(10) Recreation facilities are usually more extensive and used moreintensely.

The distinguishing features listed in this definition are not intendedto be all-inclusive.

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Ordinance 01-9152

Trail means Tamiami Trail--U.S. 41.

Transient lodging facility means a hotel, motel, motor lodge, touristcourt or similar building or group of buildings in which sleepingaccommodations and sanitary facilities are offered to the public andintended for rental to transients with daily, weekly or seasonal charge.A transient lodging facility is distinguished from multifamily dwellings(apartments) where rentals are for periods of a month or longer andoccupancy is by residents rather than transients.

Upland conservation means native vegetation consisting of pine andscrub oak communities.

Upland vegetation includes disturbed wetland sites, primarilyAustralian pine and palmetto areas.

Vegetative communities means ecological communities based on certainsoils, vegetation and animals, i.e., coastal strands, oak hammocks andcypress swamps.

Vital areas is a land use designation which includes marine grassbeds, tidal swamps and marsh areas, fresh water swamps and marsh areas,Gulf beaches and dunes, and class II waters.

Water accelators means a process to soften water with the use ofchemicals.

Water-dependent means development directly carried out on, in oradjacent to a body of water; usage requires access to water.

Water recharge areas means land or water areas through whichgroundwater is replenished.

Water-related means developments or activities not directly dependenton water access, which may provide goods and services associated withwater-dependent uses. All motels and hotels within the city areconsidered water-related due to their proximity to the beach or bay.

Water resource means any and all water on or beneath the surface ofthe ground, including natural or artificial watercourses, lakes, pondsor diffused surface water, and water percolating, standing or flowingbeneath the surface of the ground.

Water well area means the location of city water wells used forpotable water consumption activities.

Wellfield means an area consisting of several water well sites whichis used for extracting water out of the ground.

Xeriscape means drought-resistant or drought-tolerant landscaping.

Yard.

(1) Generally. Front, rear and side yards are identified as follows:

a. A yard which abuts a street or the gulf is a front yard.

Book 117 • Page Li

Ordinance 01-9152

b. All navigable waterfront yards other than gulf-front are rear yards.

c. All yards which abut an alley and are parallel to the front yard arerear yards. In the event of a lot which has more than one alley abuttingit, the planning director shall determine which yard shall be the rearand side yards.

d. Rear yards, other than as described in subsections (1)a through c ofthis definition, occur only in the interior of a block and are parallelor nearly parallel to the front yard.

e. Yards, other than those described in subsections (1)a through c ofthis definition, which are perpendicular or nearly perpendicular to afront yard are side yards.

(2) Corner and double-frontage lots. Corner lots and double-frontage lotswhich are not on an alley and are not on navigable waters have two frontyards, two side yards and no rear yards. A lot encircled by streets hasonly front yards.

(3) Irregular lot shapes. In the event of irregular lot shapes, or ondouble-frontage lots, for the purpose of determining permitted fenceheights, the planning director shall determine yard locations whichshall as closely approximate the rules set out in this definition as ispractical.

(4) Sketch identifying typical yards. The sketch following this sectionillustrates a variety of lot types and indicates which are front, sideand rear yards.

Sec. 102-52. Uses permitted.

In the RE district, no building or structure, or part thereof, shallbe erected, altered or used, or land or water used, in whole or inpart, for other than the following:

(1) Single-family residences.

(2) Guest units in conformance with the requirements of Section 110-90

(2) (3) Accessory structures which are incidental to andcustomarily associated with the uses permitted in thisdistrict.

(3) (4) Keeping of animals of the equine class, not toexceed two per acre. Any roofed structure for the shelter andfeeding of such animals shall be no less than 20 feet from anylot line and at least 100 feet from any existing residencelocated on adjacent property. No open feed lot for animalsshall be permitted.

(4) (5) Keeping of fowl or poultry not to exceed 25 intotal number, provided such fowl or poultry are kept in anenclosure located 30 feet or more from any lot line and atleast 100 feet from any existing residence located on adjacentproperty.

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Ordinance 01-9152

(5) (6) Keeping of bees, not to exceed five hives, providedsuch hives are located 30 feet or more from any lot line and atleast 100 feet from any existing residence located on adjacentproperty.

Sec. 102-53. Conditional uses.

Thcrc arc no conditional uses in thc RE district. Conditional usesin the RE district are:

(1) Recreational facilities as listed in Section 110-92.

Sec. 102-82. Uses permitted.

In the Ri-E district, no building or structure, or part thereof,shall be erected, altered or used, or land or water used, in whole orin part, for other than the following:

(1) Single-family residences.

(2) One guest unit, pursuant to the requirements of section

110 89. 110-90.

(3) Accessory structures which are incidental to andcustomarily associated with the use permitted in this district.

Sec. 102-83, Conditional uses.

A c Conditional uses in the R1 E district may bc are:

(1) Additional guest unit(s) or staff residence beyond thesingle unit permitted.



There arc no conditional uses in thc R1 15A district. Conditional useswithin the R1-15A district are:

(1) Guest units in conformance with Section 110-90.



There are no conditional uses in the R1 15 district. Conditional uses in the R1-15 district are:

) Guest units in conformance with Section 110-90.


Sec, 102-173. Conditional uses.

There arc no conditional uses in the R1 10 district. Conditional uses in the R1-10 district are:


Mak /

Bonnie R. MacKenzie, Ma

Approved as to to d legality:

Beverly Grad

Book 117 • Page 113

Ordinance 01-9152



There arc no conditional uses in the R1 10A diotrict. Conditionaluses in the R1-10A district are:




There are no conditional uses in the R1 7.5 district. Conditionaluses in the R1-7.5 district are:


Section 2. That is the intention of the City Council and it is hereby ordainedthat the provisions of this ordinance shall become and be made a partof the Code of Ordinances of the City of Naples, Florida, and thatthe sections of this ordinance may be renumbered to accomplish suchintention.

Section 3. If any word, phrase, clause, subsection of section of this ordinanceis for any reason held unconstitutional or invalid, the invaliditythereof shall not affect the validity of any remaining portions ofthis ordinance.

Section 4. That all sections or part of sections of the Code of Ordinances, allordinances or parts of ordinances, and all resolutions or parts ofresolutions in conflict therewith, be and the same are herebyrepealed to the extent of such conflict.

Section 5. This ordinance shall take effect immediately upon adoption at secondreading.

APPROVED AT FIRST READING THIS 4TH DAY OF APRIL, 2001,

PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULARSESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THIS 18TH DAY OFAPRIL, 2001.

Attest:

. Ai I a/1 Tara A. Norma', City ClerkM:\REF\COUNCIL\ORD\01-9132

Date filed with City Clerk: S/g/(fOi

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