book 106 • page /55 - naples, florida€¦ · book 106 • page / ordinance 97-7897 page 2 civic...

Book 106 • Page /55

Agenda Item 8Meeting of 1/15/97

ORDINANCE 97-7897

AN ORDINANCE GRANTING TEXT AMENDMENT PETITION 96-T14, AMENDING DIVISION 6, FIFTHAVENUE SOUTH SPECIAL OVERLAY DISTRICT, OF CHAPTER 102 OF THE CODE OF ORDINANCES,IN ORDER TO UPDATE AND CLARIFY PROCEDURES AND PROVISIONS FOR DEVELOPMENT ON FIFTHAVENUE SOUTH; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND ANEFFECTIVE DATE.

WHEREAS, the Staff Action Committee has requested that the Fifth Avenue SouthSpecial Overlay District be amended in order to update and clarifyprocedures and provisions for development on Fifth Avenue South; and

WHEREAS, the Planning Advisory Board, following an advertised public hearing,considered the standards proposed by staff, and recommended by aunanimous vote that Text Amendment Petition 96-T14 be approved; and

WHEREAS, after considering the recommendation of the Planning Advisory Boardand City staff, the City Council finds that these provisions shouldbe amended;

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

Section 1. That DIVISION 6, FIFTH AVENUE SOUTH SPECIAL OVERLAY DISTRICT, ofChapter 102 of the Code of Ordinances of the City of Naples ishereby amended to read as follows:

DIVISION 6. FIFTH AVENUE SOUTH SPECIAL OVERLAY DISTRICT

Sec.102-1091. District purpose.

The purpose of this section is to encourage and direct developmentwithin the Fifth Avenue South District. This section shall ensure thatnew buildings are encouraged; that such buildings be compatible with eachother while also relating to the pedestrian; that retail be safeguardedalong specific street frontages; that development opportunities beequitable for all scales of ownership; that no significant additionaltraffic impacts will be added to surrounding residential neighborhoods;and that the permitting process be simplified and facilitated. The designof buildings within the Fifth Avenue South District shall be regulated andapproved in accordance with the provisions of this section.

Sec. 102-1092. Definitions.

Terms used throughout this subsection shall take their commonlyaccepted meaning unless herein defined. When there are conflicts betweenthe definitions herein and those in the Comprehensive Development Code,these shall take precedence.

Artesanal use: Premises used primarily for the repair, manufactureand sale of domestic furniture, arts and crafts. The work must take placeentirely within an enclosed structure using only hand-held and/or table-mounted manual and electrical tools.

Awning: Temporary canvas or other material covering extending fromand attached to the facade of a building, without ground supports,primarily used for sun protection.

Awning roof structure: A semi permanent canvas or other materialcovering with ground supports, open on all sides except where attached toa building.

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Ordinance 97-7897

Civic use: Premises used primarily for education, culturalperformances, gatherings and displays administered by non-profit cultural,education, and religious organizations.

Commercial use: Premises used generally for the conduct ofartesanal, retail, restaurant, limited transient lodging, professionalbusiness, governmental service, cultural entertainment activities, butexcluding prohibited uses. Establishments with liquor licenses arespecifically permitted with no required separation from other businessesor licensees.

Facade: The vertical surface of a building which is set parallel toa frontage line.

Frontage line: Certain property lines of a lot or the edge of anopen space as designated on the regulating plan.

Height: The measurement of a building taken from the sidewalk atthe frontage line to the eaves of a pitched roof building or the roof deckof a flat roofed building. Height limits do not apply to flag masts,parapets, belfries, clock towers, chimney flues, elevator bulkheads,scenery lofts and similar structures.

Limitcd lodging use: Residential premise3 with the provision of nomore than 1G bedroom3 for letting. Food 3ervice may be included between

. ee . • eenot exceed 7 days.

Net building area: The enclosed area of a building, measured tothe exterior of the exterior wall, excluding unglazed porches, colonnades,balconies, decks, patios, courtyards and exterior walkways and stairways.

Permitted uses: All uses permitted in the Cl-A District as well asdefined as commercial uses in this section.

Prohibited uses: Uses which are not listed as permitted includingthe following:

(1) Automatic food and drink vending machines, newspaper vendingmachines at frontage lines;

(2) Any commercial use which encourages patrons to remain in theirautomobiles while receiving goods or services, except bank andpharmacy drive-throughs;

(3) Manufacturing, storage or distribution as a primary use exceptas defined by Artesanal Use;

(4) Enameling, painting, or plating, except as an artist's studio;

(5) Outdoor advertising or billboard as a principal use;

(6) Carting, moving or hauling yard, except delivery goods tobusinesses;

(7) Single-room occupancy hotels, prisons, detention centers orhalfway houses;

(8) Manufacture, storage, or disposal of hazardous wastematerials;

(9) Scrap yards;


Ordinance 97-7897

(10) Mobile homes;

(11) Kennels, except as ancillary to a veterinarian and asancillary use to police station;

(12) Any use which produces adverse impacts as defined by the SAC.

Residential use: Premises used primarily for human habitation.Units shall not be less than 750 square feet in net area except thatlimited lodging use may have smaller units.

Setback: The mandatory distance between the lot line or frontageline and a facade. This area must be left free of structures that arehigher than three feet, excluding streetwalls.

Shared parking policy: Parking spaces assigned to general use whereutility is thereby increased to 140 percent. This policy shall be used bythe SAC to encourage renovation and new construction.

Storefront: That portion of a building at the first story of afrontage line.

Story: A habitable floor level within a building, no more than 14feet high from floor to ceiling.

Streetwal1: An opaque freestanding wall aligned with the facade ofan adjacent building with the purpose of masking parking from the street.

Terminated vistas: A building or portion thereof which terminatesa view as designated on the regulating plan.

Transient lodging: A hotel in which sleeping accommodations andsanitary facilities are offered to the public and intended for rental totransients for periods of time less than a month. The maximum density ofa transient lodging facility shall bc 2G units per acre. A transient lodging facility shall require a conditional use per Sec. 86-203.

Transition line: A horizontal line the full width of a facadeexpressed by a material change, by a trim line, or by a balcony no morethan 2.5 feet deep.

Yards: For the purpose of determining setbacks, lots shown withfrontage lines on both 5th Avenue South and a street are deemed to havetwo front yards and two side yards.

Sec. 102-1093. Permit Approval Process.

A Staff Action Committee (SAC) is established to review andinterpret this district and to facilitate the permitting process withinthe Fifth Avenue South Area.

(1) Organization of the committee:

a. The SAC shall consist of the following members, five ofwhom shall be voting members with one alternate whoshall vote only when one of the five voting members isabsent.

1.

A member of city council appointed by citycouncil who shall be a voting member.

(

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Ordinance 97-7897

2. The director of the planning department directorwho shall be a voting member.

3. The building official who shall be a votingmemiDer. The Fifth Avenue South Association shall appoint two members who shall be voting members. One member shall be a property owner or representa property owner within the district and onemember shall be a business owner or represent abusiness owner within the district.

4. Two members appointed by the Fifth Avenue SouthProperty Owners As3ociation, one of whom 3hall bea property owner within the district orrepresentative of a property owner within thedistrict and one of whom 3hall be an architect.Both members 3hall be voting member3.

4. City council shall appoint an architect who shall be a voting member.

5. One alternate member who shall be the head of thecrime prevention unit or his representative ofthe city's department of police and emergencyservices department. The alternate member shallonly vote when one of the five voting members isabsent.

b. City staff, appointed by the appropriate departmenthead, representing the following areas shall be advisorsto the SAC and shall not be voting members:

Planning, fire, utilities, engineering, building andcommunity services. The technical advisors shall reviewSAC applications in their area of expertise, provide theSAC with their recommendations, and attend the SACmeetings when applications on the agenda fall into theirarea of expertise.

c. The director of the planning department director shallfacilitate and coordinate the work of the SAC, shallserve as the chair, and shall have the right to vote.The building official shall be the vice chair and SACshall appoint a vice-chair who shall, in the absence ofthe chair, perform the duties of the chair.

d. A quorum shall be necessary for conducting the businessof the SAC. A majority (three members) of the dulyappointed members constitutes a quorum.

(2) Jurisdiction: The SAC shall be authorized to:

a. Review applications for all exterior improvements onprivately owned land, including the construction,reconstruction, alteration, demolition, andrehabilitation of new and existing buildings andappurtenances, and landscaping.

b. Affect the equitable distribution and redistributionwithin each block of the municipal on-street parkingdesignated on the Regulating Plan for the purpose ofencouraging new building construction and to keep arecord of such transactions.

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Ordinance 97-7897

c. Recommend to the city council the purchase of land forthe construction and management of parking facilities,and to sell or lease specific parking spaces.

d. Recommend to the city council code changes to implementa shared parking program for the area, includingincentives to induce existing parking lots to be rebuiltand landscaped to serve more than one property.

e. Recommend to the city council changes to this subsectionto accommodate recurring conditions which were notanticipated and to close loopholes when they occur.

f. Adopt and publish the minimum rules and proceduresnecessary to carry out its functions.

g. Recommend to city council right-of-way streetscapetreatments, including landscaping, sidewalks, and streetfurnishing.

h. Consider the status of existing nonconforming buildingswhen they are brought up for renovation. Whenconsidering the non-conformity of an existing buildingand implementing this code, the SAC may approve proposedrenovations that do not strictly comply with this codeif the proposed renovation achieves the requirements ofthis code as closely as possible and is consistent withthe intent of this code.

i. Recommend approval, approval with conditions, or denialof an application. Recommended approvals shall be basedupon conformance with the requirements of the FifthAvenue South District Code. The SAC shall records itsreasons and conditions for recommending approval ordenial of the application.

j. The SAC shall review all temporary use applicationsrequested for the Fifth Avenue South Overlay Districtarea.

k. The SAC may approve recommendations found in master planand retail recommendations for Fifth Avenue South, Cityof Naples, Florida Final Draft, February 1994, by AndresDuany and Elizabeth Plater-Zyberk, Architects and TownPlanners and Gibbs Planning Group, Retail Consultant forthe exterior of a building through the SAC applicationprocess. In approving the application to implement therecommendation, the SAC may consider the context inwhich the recommendation was made and the otherrecommendations which may be included in the report.

1. Customer designated parking. The SAC may approve thedesignation of parking spaces on private property andpublic property for customer parking. The SAC willestablish a parking identification program following therecommendations found in the Fifth Avenue South MasterPlan.

m. The SAC may approve outside decorative displays whichare consistent with the master plan and retailrecommendations for Fifth Avenue South, City of Naples,Florida Final Draft, February 1994, by Andres Duany and

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Ordinance 97-7897

Elizabeth Plater-Zyberk, Architects and Town Plannersand Gibbs Planning Group, Retail Consultant and whichcompliment the design of the building.

n. The SAC shall review and approve all temporaryuse/special events permits which will be located withinthe Fifth Avenue Special Overlay District prior toissuance of the permit. Banners on or over Fifth AvenueSouth shall not be permitted. Banners in otherlocations shall be permitted only if announcing an event on the property on which the banner is located.

(3)

Procedures for permit approval.

a. Application: Before beginning any improvementsaffecting the exterior of a building or site on privateland, including the construction, reconstruction,alteration, rehabilitation; changing the color of abuilding; landscaping; and demolition of buildings andappurtenances, a written and drawn application for suchwork shall be submitted to the staff action committee(SAC). No building permit shall be issued before theproject receives approval from the SAC.

b. Drawings: All submittals involving modifications towalls shall be drawn to scale by an architect orengineer licensed in the State of Florida.

c. Models: A massinq/study model shall be required for all new buildings or major alterations (i.e., additional floors or additions to the front of a building). All models shall include the ad'acent buildin s. The SAC magrant an exception to this requirement if it finds that a model would not be beneficial in determining if thenew building or maior alterations complies with this ordinance. A request for an exception to this requirement must be made by the applicant in writing'nor to submission of a SAC a..lication.

e= d. Decision: A decision by the SAC shall be made within 14days of the receipt of a completed application. Thistime period may be extended by mutual agreement betweenthe applicant and the SAC or its staff.

4= e. Waivers: The SAC shall not be authorized to grantwaivers from the regulations of this subsection.Applications requesting waivers to this subsectionshall be decided in a public hearing by the citycouncil.

e= f. Appeal: A decision made by the SAC may be appealed tothe city council within 28 days of the decision by theSAC.

Enforcement: This regulation shall be enforced inaccordance with the provisions of the ComprehensiveDevelopment Code.

Sec.102-1094. General provisions.

(a) The provisions of this subsection, when in conflict, shalltake precedence over the Comprehensive Development Code.

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Ordinance 97-7897

(b) The provisions of the Standard Building Code, when inconflict, shall take precedence over the provisions of thissubsection.

(c) •

buildings, exccpt for parking garagcs and civic building°, °hall bc-

ill Buildings abutting a frontage line: This subsectionshall govern the design of all properties on frontagelines as designated on the regulating plan.

12j_ Buildings not abutting a frontage line: The provisions of the underlying zoning district shall govern the use of buildings which do not abut a frontage line as designated on the regulating plan. SAC review is required. The SAC may grant an exception to the minimumyard requirements but in no case may the exceptionexceed the minimum yard requirements of the Fifth Avenue South Special Overlay District.

(d) The design of civic buildings shall not be subject to thespecific standards of this subsection which regulate buildingheight, building placement, building use, parking, signage, andarchitectural standards but shall be reviewed by the SAC.

(e) Locations designated on the regulating plan for terminatedvistas shall receive special attention from the SAC. Theselocations shall be provided with architectural features of enhancedcharacter and visibility.

(f) Areas marked on the regulating plan for special landscapetreatment shall be subject to cooperative design by the propertyowners and the city as determined by the SAC.

(g) Locations designated on the regulating plan for parkinggarages or civic buildings shall be reserved for such development.

Sec. 102-1095. Specific provisions.

(a) Building height: The various elements of building heightshall be determined as follows:

(1) Buildings shall be a maximum of three stories and 42feet in height above sidewalk grade.

(2) Stories at sidewalk level shall be no less than 12 feetin height from finished floor to finished ceiling.

(3) A transition line shall be provided at the top of thefirst story. The transition shall be detailed toreceive an awning. A transition line shall beexpressed by a material change, by a trim line, or by abalcony no more than twe-aftd-efte-ha-14 three feet deep.

(4) Parking garages shall be no more than one deck abovegrade except for the city lot for which a developmentagreement has been approved by city council.

(b) Building placement: Buildings and their elements shall beplaced on their lots as follows:

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Ordinance 97-7897

(1) a. First story: First story facades shall have nofront setback requirement. Awnings, awning roofstructures, arcades, or other similar attachedstructures may satisfy this requirement.

b. Second story: Second story facades shall have amandatory setback of no less and no more than tenfeet from the property line. When the firststory extends into the front ten foot yard,second-story balconies which extend over thefirst story shall extend across the entire frontfacade. Awnings are permitted over second storybalconies. A "balcon" (a small balcony thatextends no more than one foot from the facade ofthe building and extends no more than eightinches from either side of a door or windowopening) is permitted.

c. Third story: Third story facades shall have amandatory setback of ten feet. Third-storybalconies shall be recessed, shall not extendbeyond the second-story facade and shall beenclosed by the plane of the roof. A "balcon" (asmall balcony that extends no more than one footfrom the facade of the building and extends nomore than eight inches from either side of a dooror window opening) is permitted.

(2) In the absence of a building facade, a streetwall shallbe built aligned with an adjacent building facade.Streetwalls shall be between two and one-half and threeand one-half feet in height and made of a materialmatching the adjacent building or a continuous,maintained hedge. Streetwalls may have openings nogreater than 25 feet to allow automobile and pedestrianaccess.

( 3 )

Side setbacks are not required.

0) a. Rear setback - interior lots: Rear facades oninterior lots shall be set back a minimum of 50feet from the mid-point of the alley. Balconiesmay extend into the rear setback by ten feet.

b. Rear setback - corner lots: Rear facades oncorner lots shall be set back a maximum of 20 feet from the mid point of the alley for adistance of no more than 50 feet from the front property line.

In the event of adjacent pre-existing setbacks, anadjustment may be allowed or required by the SAC withoutapproval of a waiver by the city council.

Awnings may encroach the sidewalk in its entirety butmust avoid the municipal planters areas. Approval mustbe obtained from the SAC and the city engineer.

Loading docks and service areas shall not be permittedon frontage lines.

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Ordinance 97-7897

(8) Surface parking lots shall not be permitted on afrontage line or within 30 feet of the frontage line.

(9) All buildings shall have their principal pedestrianentrance on a frontage line.

(10) Lot coverage shall be limited only by setbackrequirements.

(11) Nonconforming buildings due to rear setbacks. Anexisting nonconforming building which does not conformto the required 50 feet rear setback, may maintain theexisting building setback when additional stories areadded as long as the additional stories meet therequired setback. The roof of the nonconformingexisting first or second story may be used for abalcony.

(c) Building uses: Buildings shall accommodate the following rangeof uses:

(1) Uses permitted: All uses permitted in the Cl-A Districtas well as defined as commercial uses in this section.All uses that are conditional uses in the Cl-A District are conditional uses in this district. Uses which arenot listed as uses permitted shall be prohibitedincluding the following:

a. Automatic food and drink vending machines,newspaper vending machines at frontage lines;

b. Any commercial use which encourages patrons toremain in their automobiles while receiving goodsor services, except bank and pharmacy drive-throughs;

c. Manufacturing, storage or distribution as aprimary use except as defined by Artesanal Use;

d. Enameling, painting, or plating, except as anartist's studio;

e. Outdoor advertising or billboard as a principaluse;

f. Carting, moving or hauling yard, except deliverygoods to businesses;

g. Single-room occupancy hotels, prisons, detentioncenters or halfway houses;

h. Manufacture, storage, or disposal of hazardouswaste materials;

Scrap yards;

j - Mobile homes;

k. Kennels, except as ancillary to a veterinarianand as ancillary use to police station;


Ordinance 97-7897

1.

Any use which produces adverse impacts as definedby the SAC.

(2) First stories shall be for commercial use only.Transient lodging shall not be permitted on firststories. Second stories may be for commercial,transient lodging or residential use. Third stories arelimited to transient lodging and residential use only.

(3) Commercial and residential uses are required to aminimum depth of 30 feet from the frontage line on allstories. The remaining depth may be used for parking.Parking exposure on a frontage line shall be an openingnot wider than 25 feet.

(4) Seating for outdoor dining shall be permitted toencroach the public sidewalks adjacent to the privateproperty leaving a five foot clear pedestrian passagebetween the outdoor dining and the right-of-waylandscaping or paved roadway.

(5) Newspaper vending machines shall not be permitted alongthe Fifth Avenue frontages. Existing newspaper vendingmachines along the Fifth Avenue frontage shall berelocated or removed to a location in conformance withcity regulations by June 30, 1995.

(d) Building area: The permitted building area shall becalculated as a function of the number of parking spaces provided onthe lot as follows:

(1) There shall be a minimum of three off-street parkingspaces for each 1,000 square feet of commercial use andone and one-half parking spaces for each residentialunit and one for each lodging unit. Parkingrequirements shall be calculated by the net buildingarea. There shall be no parking requirement for outdoordining use.

(2) The regulating plan specifies the number of municipalspaces from the parking reserve which are present oneach block. These spaces are available to the propertyowners at the time of SAC approval of new constructionat no cost on a first-come basis. The parking reservemay be used to meet the required parking for newconstruction or to replace lost parking spaces due tonew construction or to restructuring the existingparking. If the parking reserve is used to replaceparking lost due to new construction, that newconstruction shall be furthering the purpose of theFifth Avenue South Special Overlay District. Oncespaces are allocated by the SAC to a specific propertyowner for new construction, the property owner shallhave one year to obtain a building permit for theconstruction dependent upon the parking reserve. If abuilding permit is not obtained within one year, thereserved spaces shall return to the parking reserve.The SAC shall maintain a waiting list, on a first come basis, of property owners who have requested and received SAC approval subject to availability forreserve parking or payment of the fee established by thecity council. A property owner who has been allocated

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Ordinance 97-7897

parking spaces from the reserve pool and does not obtaina building permit within one year may reapply and if there is a waiting list shall be placed at the end of the list. The property owner may reapply for thcreserved spaces at any time. If all of the re3ervc

a - .completed', a property owner eligible for the rc3crveopacc3 may request to bc placed on a waiting li3t on afirst come basis 3hould a projcct not bc completed. Theopacco on each block mu3t bc u3cd only towardo thefulfillment of any new building parking requirements onthat block. Property owners may request parking fromthe reserve pool as indicated on the attached ReserveParking Pool Plan. Once the reserve is exhausted, theSAC may create and provide additional parking spaces ata fee sufficient to cover the construction of parkinggarages at the sites designated on the regulating plan.

(3) This building area may be increased as follows: Thecalculated number of parking spaces provided shall beincreased by 40 percent upon the assignment of suchspaces to the shared parking program. At least 80percent of the parking spaces provided shall bededicated to the shared parking program.

When at least 80 percent but less than 100 percent ofthe total parking spaces are allocated to the sharedparking program then only the parking spaces provided tothe shared parking program shall be increased by 40percent.

(4) The city shall facilitate building renovation byfavorably interpreting the various thresholds ofvalue/cost ratios which trigger compliance with the newFire Code, A.D.A., and FEMA. These requirements shallbe held in abeyance by:

a. Arranging for the highest possible realisticappraisal;

b. Excluding from the construction cost the elementswhich are not integral to the utility of thebuilding: cabinetry which is not encumbered byplumbing; lighting beyond that which is necessaryfor health and safety; luxury wall and floorfinishes such as mirrors, stone, and ornamentaltile; signage and awnings; window walls beyondthe cost of standard aluminum and plate glassstorefront.

(5) Retractable awnings shall be exempt from fire sprinklerrequirements. Fixed awnings under 1,450 square feetshall be subject to sprinkler requirements but only fromthe potable water supply without requirements forbackflow prevention.

(e) Architectural standards: Buildings shall be subjectto the following physical requirements:

(1) The exterior finish material on all facades shall belimited to smooth stucco and/or stone veneer.

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Ordinance 97-7897

(2) Exterior building shall be white or colored in the creamto coral range. Trim shall be white. Doors,shopfronts, window frames and shutters shall be anycolor at any saturation. Buildings in single ownershipshall be of uniform facade and trim color unless there are architectural elements such as pilasters or engaged columns or a change in the plane of the facade definingthe separate tenant spaces.

(3) Glass shall be clear or lightly tinted only.

(4) Balconies, railings, and porch structures shall bemetal, cast concrete, or stone.

(5) Facade openings, including porches, windows, andcolonnades, shall be square or vertical in proportion.

(6) Sliding doors and sliding windows are not permittedalong frontage lines. Automatic doors may be permittedby the SAC if the SAC finds that the design of thebuilding achieves the requirements of this code asclosely as possible and is consistent with the intent ofthis code.

(7) Flat roofs may be used for balconies which shall haverailings. Flat roofs not used as balconies shall beenclosed by parapets no less than 42 inches high or asrequired to conceal equipment.

(8) Buildings with roofs visible from the Avenue shall havesymmetrical pitched roofs with slopes no less than 5:12.Porches and first floors may have shed roofs with pitchno less than 2:12.

(9) Cantilevered mansard roofs are not permitted.

(10) The glazed area of a facade above the first floor shallbe at least 20 percent but shall not exceed 35 percentof the total area with each facade being calculatedindependently.

(11) a. Facades on frontage lines: The facades onfrontage lines at first-floor level shall bedetailed and glazed as storefronts. The wood ormetal armature of such storefronts shall bepainted. Storefronts shall be directlyaccessible from sidewalks. Each storefront musthave glazed areas, equal to 70 percent of itsportion of the facade, between two and eight feetfrom the ground. Storefronts shall have themullion system, doorways and signage integrallydesigned and painted. Storefronts shall incorporate surface materials and designproportions similar to those on the facade(s) of the building located on a frontage line(s).

b. Facades not on frontage lines: The exteriors ofbuildings not facing frontage lines shall incorporate the same surface materials andsimilar design elements such as similarproportions, with attractive rear entrances andconsideration of pedestrian pass-throughs.

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Ordinance 97-7897

(12) Facades may be supplemented by awnings which shall bestraight sheds without side flaps, not cubed or curved,with a drip edge no greater than 12 inches. Awningsshall be no less than eight feet high at the lower dripedge and shall not have ground supports. Awnings usedin conjunction with a second-story balcony shall notextend beyond the edge of the balcony railing and shallhave no minimum height requirement from the finishedfloor.

Awning roof structure may be approved by the SAC, butmust meet all of the same standards as a building.

a. Nonconforming buildings: The SAC may approveawnings that do not strictly conform to this codeif the following conditions are met:

1. The building is an existing building.

2. The architectural style of the buildingdoes not conform to this code.

3. The building facade is such that an awningwhich would conform to this code would notbe architecturally compatible orcomplimentary to the building.

4. The proposed awning is the most appropriatestyle for the building, is compatible withadjacent buildings, and the awning achievesthe requirements of this code as closely aspossible and is consistent with the intentof this code.

When the SAC approves an awning based on the criteriaabove, that awning style/design will become the standardstyle/design for all awnings for that particularbuilding.

(13) Outside dining tables and chairs shall be primarilymetal, cast concrete, wood or plastic. Outside diningtables located in the right-of-way shall be temporaryand portable. The SAC shall approve outside diningtables/chairs and their location.

(14) Dumpsters shall be placed in a location which is not visible from any right-of-way or pedestrian walkwaywhenever possible. If a dumpster must be located whereit is visible from a right-of-way or pedestrian walkway, it shall be screened from view from said right-of-way or pedestrian walkway. Wherever possible, dumpsters shall be shared between property owners.

(15) Any new building or substantial change shall be requiredto relocate all telephone, electric and other wires of all kinds underground from the poles of the transmissioncables located within the platted utility easements tothe building or the connection.

(16) Temporary lighting must be approved by the SAC. The SACmay approve temporary lighting for a period of time not to exceed 90 days.

(3)

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Ordinance 97-7897

( f ) Signage standards: Signage, when provided, shall be asfollows:

(1) Address number shall be no larger than eight inches invertical dimension.

(2) A single external sign band or zone may be applied tothe facade of each building, providing that it shall notexceed two feet in vertical dimension by any lengthnThe sign band or zone may contain multiple individualsigns but all must refer to a tenant of the building.The sign shall consist of letters applied directly onthe facade of the building and shall not be on a boardunless a sign plan is approved for the building by theSAC. A maximum of two sign bands may be placed on thefacade of each building.

Additional pedestrian signs or shingles may be attachedto a building perpendicular to the facade extending upto four feet from the facade or may be placed underneathan awning structure and attached to the awningstructure. These signs shall not exceed one and one-half feet by four feet. There may be one individualpedestrian sign for each business located on the firstfloor.

In addition, the vertical drip of an awning may bestenciled with letters no more than eight inches invertical dimension by any length.

External signs shall not be translucent, but may beexternally lit or back-lit. Neon signs are permitted

feet in area.

Window signs: Signs on the interior of a window shall be limited to no more than 20 percent of a window up toa maximum of 12 square feet in area. No sign, display, merchandise or window tinting shall be placed on oradjacent to any window that would interfere with a clearand unobstructed view of the interior of theestablishment from the outside and in particular of the cash register or registers from the street. Neon signs are permitted as interior window signs providing theynot exceed 20 percent of a window up to a maximum of four square feet in area and shall be counted towards the maximum of twelve square feet permitted for interior window signs.

A perpendicular sign identifying the primary entranceshall not exceed one foot in vertical dimension nor twofeet in horizontal dimension.

Nonconforming buildings: The SAC may approve a signplan or a new sign that does not conform strictly tothis code if the following conditions are met:

a. The building is an existing building.

b. The building does not have a sign band.


Ordinance 97-7897

„••n•n

c. The building facade is such that meeting therequirements of this code is not possible or isimpractical.

d. If the sign is on an awning, the lettering shall consist of individual letters painted on thebackground of the awning and not on a panel orwithin a border. The sloped surface of an awningshall not be used for a new sign.

e. The design is in context with the signage andfacade of the building.

f. The sign plan or sign achieves the requirementsof this code as closely as possible and isconsistent with the intent of this code.

g, Finding that these criteria are met, the SAC mayapprove a sign plan or new sign.

h. When the SAC approves a new sign based on thecriteria above, that sign will establish the"sign plan” that particular building.

(8) The SAC may approve restaurant menu boards/boxes (signswhich display the menu for a restaurant, which mayinclude prices and daily specials) subject to thefollowing criteria:

a. There shall be only one sign per restaurant.

b. The total area of the sign shall not exceed sixsquare feet.

c. The sign may be permanently installed on privateproperty with no setback required, or within theright-of-way with the approval of the cityengineer.

(9) The SAC may approve (no building permit is required) oneportable restaurant menu sign and one valet portablesign if the standard design is used. The SAC shallconsider the following criteria:

a. The sign shall be displayed only during hours ofoperation of the restaurant.

b. The sign may be displayed on private property orwithin the right-of-way in such a manner as notto interfere with pedestrian or vehiculartraffic.

c. Portable restaurant signs shall be A-frame designwith a dimension of 24 inches wide and 48 inches high.

d. Valet signs shall be free-standing, may be two-sided, and shall be 24 inches wide and 30 inches high with the total height not exceeding 42 inches.

Book 106 • Page /71)

Ordinance 97-7897 nage 16

e.

Valet parking shall be operated by the followingcriteria:

1. No more than 60 feet shall be used forvalet parking.

2. Valet parking shall be centered, ifpossible, in front of the establishment.

3. Valet parking shall not begin prior to 6:0022..rat.

4. Valet parking shall not require thereservation of parking from the reserveparking pool.

5. Vehicles shall not park within the valet parking area for more than 15 minutes.

6. All signage and other physical elements utilized to delineate valet parking will besubmitted to SAC for approval.

7. The SAC retains the right to revoke valet parking approval upon finding that theabove criteria and any additional criteriaupon which the approval was granted havenot been met.

(10) The SAC may approve a directory sign identifying thebuilding name and tenants within a building, subject tothe following conditions:

a. Only one sign for each street or major pedestrianway upon which a building faces shall be allowed.

b. The sign must be installed on private propertywith no setback required.

C.

The maximum total dimensions shall be seven feetin height and three feet in width.

( g ) Parking design standards. The design standards found inArticle III, Landscaping and Tree Protection and Article IV, Parkingand Loading shall be met except as provided below when providingshared parking with adjacent lots:

(1) Article III, Landscaping and Tree Protection, Section106-74 Development Standards and Article IV, Parking andLoading, Section 106-103, Design and ConstructionStandards, shall be met unless a property ownerparticipates in the shared parking program in which casethe following requirements may be waived by the SAC.

(2) Section 106.103(a)(1), which requires access from onesection of an on-site parking area to another to beprovided on site, may be waived by the SAC when accessfrom one section of an on-site parking area to anotheruses an alley.

Barnett, Mayor

Approved as to form and legality:

Kenneth B. CuylerCity Attorney

Book 106 • Page /7/

Ordinance 97-7897

(3) Section 106.103(a)(6), Access Aisles or ManeuveringAreas, which does not allow vehicles to back onto apublic right-of-way, may be waived by the SAC when thepublic right-of-way is an alley.

(4) Section 106.74(b), Vehicular Use Areas Adjacent toPublic Right-of-Way, which requires landscaping adjacentto a public right-of way, may be waived by the SAC ifthe public right-of-way is an alley.

(5) Secton 106.74(c)(2), Areas Adjacent to Commercial orIndustrial Uses, which requires landscaping adjacent tothe interior property lines may be waived by the SAC.Parking may extend over property lines with a crosseasement agreement approved by the city attorney.Landscaping may be required by the SAC in context withthe redesign of the parking lot(s) to meet the intent ofthe landscaping required by Section 106.74.(c)(2).

(h) Off-street loading facilities. The design standards found inSection 106-105. Off-street loading facilities, may be waived bythe SAC if the SAC determines that such facilities are not necessaryfor the specific building or that alternate facilities are availablefor the type of deliveries anticipated to be required for thebuilding.

Section 2. It is the intention of the City Council and it is hereby ordainedthat the provisions of this ordinance shall become and be made apart of the Code of Ordinances of the City of Naples, Florida.

Section 3. If any word, phrase, clause, subsection or 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 parts of sections of the Code of MunicipalOrdinances, all ordinances or parts of ordinances, and allresolutions or parts of resolutions in conflict herewith, be and thesame are hereby repealed to the extent of such conflict.

Section 5. This ordinance shall take effect January 17, 1997.

APPROVED AT FIRST READING THIS 18TH DAY OF DECEMBER, 1996.

PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULARSESSION OF THE CITY COUNCIL OF THE CITY e NAPLE FLORIDA THIS 15TH DAY OFJANUARY, 1997.

Tara A. Norma?, City ClerkM:\REF\COUNCIL\ORD\97-7897

Approved as to accuracy:

Missy M Planning Director

Attest:

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