The purpose and intent of the heavy commercial district (C-5) is to allow for a range of more intensive commercial uses and services. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities. Outdoor storage yards are permitted consistent with the requirements contained herein. The maximum density permissible or permitted in the district shall not exceed the density permissible under the density rating system of the future land use element.

(Ord. No. 02-02, § 1, 1-7-2002; Ord. No. 13-11, § 2, 10-21-2013)

The following uses, as identified within the North American Industrial Classification System (1997 edition) or as otherwise provided for within this section, are permitted as of right in the heavy commercial district (C-5):

(1)

Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district.

(2)

Auctioneering/auction house (auction houses - 435998, independent auctioneers - 561990).

(3)

Automotive dealers (new car dealers - 44111, used car dealers - 44112, motorcycle, boat, and other motor vehicle dealers - 44122, automotive parts, accessories, and tire stores - 4413).

(4)

Building construction general contractors (residential building construction - 2332, nonresidential building construction - 2333).

(5)

Building materials (building materials and supplies dealer - 4441).

(6)

Construction special trade contractors (plumbing, heating and AC - 23511, painting and wall covering - 23521, electrical - 23531, masonry and stone - 23541, drywall, acoustical and insulation - 23542, tile, marble, terrazzo and mosaic - 23543, carpentry - 23551, floor laying and other flooring - 23552, roofing, siding and sheet metal - 23561, concrete - 23571, structural steel erection - 23591, building equipment and other machinery installation - 23595).

(7)

Educational services (educational support services - 61171).

(8)

Motor freight transportation and warehousing (other warehousing and storage - 49319 [limited to mini- and self-storage warehousing only]).

(9)

Justice, public order and safety (police protection - 92212, fire protection - 92216).

(10)

Miscellaneous repair services (general automotive repair - 811111, automotive exhaust system - 81112, automotive transmission repair - 81113, other automotive mechanical and electrical repair - 81118, automotive body, paint and interior repair - 81121, automotive glass replacement - 81122, all other automotive repair and maintenance - 81198, consumer electronics repair - 811211, computer and office machine repair - 811212, communication equipment repair - 811213, other electronic and precision equipment repair - 811219, commercial equipment (exc. auto and electric) repair - 811131, home and garden equipment repair - 811411, appliance repair - 811412, reupholstery and furniture repair - 81142, footwear and leather goods repair - 81143, other personal and household goods repair - 81149).

(11)

Outdoor storage yard, provided outdoor storage yard shall not be located closer than 20 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, and screened pursuant to the fencing requirements of this section and the land development code. Where an outdoor storage yard abuts developed C-5 property, screening requirements may be relaxed along the abutting side and rear yards with the full knowledge and written approval of the adjoining property owner. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations for economic gain.

(12)

Printing, publishing, and allied industries (newspaper publishers - 51111, periodical publishers - 51112, database and directory publishers - 51114).

(13)

Transportation services (other water transportation support services - 48839, motor vehicle towing - 48841, other road transportation support activities - 48849, other transportation support activities - 48899).

(14)

Any other heavy commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district.

(Ord. No. 02-02, § 2, 1-7-2002; Ord. No. 13-11, § 2, 10-21-2013)

[The following uses are permitted as accessory to permitted uses:]

(1)

Uses and structures that are accessory and incidental to the uses permitted as of right in the C-5 district.

(2)

Caretaker's residence, subject to the land development code.

(3)

Parking requirements for uses and structures that are accessory and incidental to permitted transient uses (hotel, motel, and timeshare), with parking required for such accessory uses calculated at 50 percent for hotels, 67 percent for motels, and 75 percent for timeshares.

(Ord. No. 02-02, § 3, 1-7-2002; Ord. No. 13-11, § 2, 10-21-2013)

The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in the land development code; uses permissible as conditional uses in the C-1, C-2, C-3 or C-4 commercial zoning districts shall also be permissible as conditional uses hereunder, unless listed as a permitted use in the C-5 district:

(1)

Agricultural services (veterinary services - 54194, pet care - 81291, both with outdoor kenneling).

(2)

Amusement and recreation services, outdoor (racetracks - 711212, amusement and theme parks - 71311, golf courses and country clubs - 71391).

(3)

Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premises consumption are subject to the locational requirements of the land development code).

(4)

Child day care services, provided:

a.

All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child-care center's nearest property line.

1.

For purposes of this subsection, the following definitions shall apply:

i.

Hazardous materials: A material that has any of the following properties; ignitable, corrosive, reactive and/or toxic.

ii.

Toxic substances: A substance that is, or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings.

b.

It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases.

c.

It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries.

d.

It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet.

e.

It shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area.

f.

It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five feet in height, to be constructed of wood, masonry or other approved material.

g.

It shall provide a landscape buffer in accordance with the land development code.

h.

It shall comply with the state department of health and rehabilitative services child day care standards, F.A.C. ch. 10M-12, effective March 11, 1986.

i.

Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subparagraphs a. through h. above, with the exceptions of [subparagraphs] d. and e., shall be uses to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use.

(5)

Commercial fishing, hunting and trapping (fishing - 11411)

(6)

Communications (radio and television broadcasting - 5131, cable networks and program distribution - 5132, telecommunications - 5133), with communications towers subject to the land development code.

(7)

Fuel dealers (fuel dealers - 45431).

(8)

Homeless shelters, as defined by this code.

(9)

Increase in maximum building height from 35 feet up to 50 feet for those uses specifically permitted within the C-5 district only and up to 60 feet for the uses listed in subsection 30-242(16).

(10)

Justice, public order and safety (correctional institutions - 92214, parole offices and probation offices - 92215).

(11)

Local and suburban passenger transportation (bus and other motor vehicle transit systems - 485113, interurban and rural bus transportation - 48521, school and employee bus transportation - 48541, charter bus industry - 48551).

(12)

Marina based open rack boat storage facilities located on navigable water frontage, pursuant to section 30-266.

(13)

Permitted uses with less than 700 square feet of gross floor area in the principal structure.

(14)

Recreational vehicle dealers (Group 44121).

(15)

Soup kitchens, as defined by this code.

(16)

Transfer stations (solid waste collection - 562111 [local refuse collection and transportation only]).

(17)

Reserved.

(18)

Reserved.

(19)

Truck, utility trailer, and RV rental and leasing, outdoor display permitted (Group 53212).

(Ord. No. 02-02, § 4, 1-7-2002; Ord. No. 10-08, § 2.4., 8-16-2010; Ord. No. 13-11, § 2, 10-21-2013; Ord. No. 14-03, § 2, 4-7-2014)

Except as noted, the following dimensional standards shall apply to all permitted, accessory and conditional uses in the heavy commercial district (C-5).

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Minimum yard requirements:

a.

Front yard: 25 feet.

b.

Side yard: Zero or a minimum of ten feet except where the adjacent parcels are developed, in which case the required side yard may be zero to ten feet however in no case shall the separation between structures be less than ten feet.

c.

Rear yard: Five feet. Principal and accessory building shall be setback a minimum of 25 feet from an alley right-of-way when vehicular parking spaces take direct access from the alley.

d.

Any yard abutting a residential parcel: 25 feet.

e.

Waterfront: 25 feet, except none for marinas.

(4)

Maximum height: 35 feet. Height to be measured from the base flood elevations to the midpoint of the roof.

(5)

Minimum floor area: 700 square feet gross floor area for each building on the ground floor.

(6)

Maximum lot coverage: 76 percent of the total lot area.

(7)

Maximum density: 26 units per acre for hotels, motels and timeshare facilities.

(Ord. No. 02-02, § 5, 1-7-2002; Ord. No. 14-03, § 2, 4-7-2014)

(a)

Minimum off-street parking and off-street loading. As required in the land development code.

(b)

Landscaping. As required in the land development code.

(c)

Elkcam Circle Overlay. Within the Elkcam Circle Overlay, as identified in the land development code, the following criteria is applicable:

(1)

The landscape buffer along Elkcam Circle right-of-way shall be a minimum of ten feet in width.

(2)

The landscape buffer along the side yard property lines streetward of the front yard building setback line shall be a minimum of five feet in width.

(3)

Landscaping buffers along the remainder of the side yard and rear yard property lines is optional.

(4)

Building perimeter plantings shall be provided along the front facade of the building only.

(5)

Landscaping and canopy trees shall be provided in the front yard parking area.

(6)

Landscaping provided within the overlay shall comply with this division and the land development code.

(d)

Merchandise storage and display. Unless specifically permitted for a use, outside storage or merchandise is prohibited within any front yard. Temporary display of merchandise during business hours is permissible, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display shall be allowed within the side and rear yards of lots.

(e)

Fence requirements. All permitted or conditional uses allowing for storage other than within an enclosed building, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicles intended for sale or resale, shall be required to screen such storage pursuant to this code and the land development code. Where such storage area abuts developed C-5 property, screening requirements may be relaxed along the abutting side and rear yards with the full knowledge and written approval of the adjoining property owner.

Within the Elkcam Circle Overlay, as identified in the land development code, chain link fencing is permissible in the rear and side yard behind the front building setback line. When chain link fencing is visible from a street right-of-way or alley, a three-foot high landscaping hedge shall be planted and maintained on the side facing the street or alley.

(f)

Lighting. Pursuant to the city outdoor lighting standards.

(g)

Signs. Pursuant to the land development code.

(h)

Architectural and site design standards. (Reserved.)

Marina based boat storage facilities may deviate from the list of permitted building materials if such deviation can be justified and approved through the conditional use process.

(Ord. No. 02-02, § 6, 1-7-2002)

(a)

Location of Port Marco. Port Marco Subdivision is that tract of land in Government Lot 5, Section 5, Township 52 South, Range 26 East, the tract being a part of that certain area indicated as "Doxsee Property" in the "Amended Plat of Collier City" as recorded in Plat Book 1 at page 58 of the public records of Collier County, Florida.

(b)

Existing uses. The State of Florida, by State Charter dated February 28, 1966, authorized the owners of Port Marco to:

(1)

Purchase or otherwise acquire, operate and manage a mobile home project on a non-profit basis and in the interest of and for the housing of its members and other lawful occupants.

(2)

In connection with such project, the corporation may provide such community facilities, services and benefits as may be necessary or convenient for the welfare of the members and other lawful occupants.

The Port Marco Subdivision includes 16 mobile home sites, common recreational area, boat docking facilities, and a private access road. Mobile home sites often include such accessory uses as carports and utility buildings.

(c)

Dimensional standards. Setbacks between mobile homes, between individual mobile homes and the access road, and between mobile homes and accessory uses shall comply with minimum separation requirements per the city's fire code.

(d)

Height. The maximum height for any structure in Port Marco Subdivision is 25 feet.

(e)

Expansion, alteration or replacement. Prior to any expansion, alteration or replacement of an existing mobile home or accessory use, or any new accessory use, the property owner or authorized agent shall provide the community development director with three copies of a scaled drawing of the proposed expansion, alteration, replacement or new development, which will show the existing location of structures and the relationship to adjacent mobile homes, accessory structures, access roads, and parcel boundaries.

(f)

Criteria for authorizing any expansion, alteration or replacement. The planning board, by resolution, may approve the expansion, alteration or replacement of any existing mobile home, based on the following standards and criteria:

(1)

The expansion, alteration or replacement will not increase the density of the parcel or lot on which the mobile home is located.

(2)

The expansion, alteration or replacement will not further encroach upon any nonconforming setback area.

(3)

The expansion, alteration or replacement will not decrease the existing parking areas for the structure.

(4)

The expansion, alteration or replacement will not damage the character or quality of the neighborhood.

(5)

Such expansion, alteration or replacement will not present a threat to the health, safety or welfare of the community or residents.

(6)

Architectural standards. The Port Marco Subdivision is exempt from the architectural standards and provisions of the land development code.

(Ord. No. 02-02, § 7, 1-7-2002)