Ordinance 2015-45 ORDINANCE NO. 15—45
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
CHAPTER 2 — ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, TO ADD
GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY
USE WITHIN THE GOLF COURSE ZONING DISTRICT;
CHAPTER 4 — SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC
STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS
AND STRUCTURES, TO ESTABLISH SETBACK
REQUIREMENTS FOR GOLF CLUBHOUSE AND
MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND
GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN
RURAL AGRICULTURAL AND ESTATES; SECTION THREE,
CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION FIVE, EFFECTIVE DATE.
RECITALS
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2015; and
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WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on June 23, 2015, and July 7, 2015, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 2.A: AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS
Section 2.03.09 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.09 Open Space Zoning Districts
A. Golf Course District "GC". The purpose and intent of "GC" district is to provide lands for
golf courses and normal accessory uses to golf courses, including certain uses of a
commercial nature. The GC district shall be in accordance with the urban mixed use
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district and the agricultural rural district of the future land use element of the Collier
County GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the RMF-6 GC
district.
a. Permitted uses.
1. Golf courses.
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the GC district.
2. Recreational facilities that serve as an integral part of the
permitted use, including but not limited to clubhouse, community
center building, practice driving range, shuffleboard courts,
swimming pools and tennis facilities, snack shops and restrooms.
3. Pro shops with equipment sales, no greater than 1,000 square
feet.
4. Restaurants with a seating capacity of 150 seats or less provided
that the hours of operation are no later than 10:00 p.m.
5. A maximum of two residential dwellings units for use by golf
course employees in conjunction with the operation of the golf
course.
6. Golf maintenance buildings.
c. Conditional uses. The following uses are permissible as conditional
uses in the GC district, subject to the standards and provisions
established in LDC section 10.08.00.
1. Commercial establishments oriented to the permitted uses of the
district including gift shops; pro shops with equipment sales in
excess of 1,000 square feet; restaurants with seating capacity of
greater than 150 seats; cocktail lounges, and similar uses,
primarily intended to serve patrons of the golf course.
* * * * * * * * * * * *
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SUBSECTION 2.B: AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS
FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
Section 4.02.03 Specific Standards for Location of Accessory Buildings And Structures, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.03 Specific Standards for Location of Accessory Buildings And Structures
A. For the purposes of this section, in order to determine yard requirements, the term
"accessory structure" shall include detached and attached accessory use structures or
buildings notwithstanding the attachment of such structure or building containing the
accessory use to the principal use structure or building. Accessory buildings and
structures must be constructed simultaneously with or following the construction of the
principal structure and shall conform with the following setbacks and building separations.
* * * * * * * * * * * *
Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront
Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A)
and Estates(E)**2
" ' Setbacks
Front Rear Side Structure to
Structure
Of detached)
1. Parking garage or carport,single-family SPS 1 SPS I SPS 10 feet
2. One-story parking structures SPS SPS 1 SPS 10 feet
— —_
3. 1Multistory parking structures SPS Mps SPS 1/11
4. !Swimming pool and/or screen enclosure(one-and two- SPS 10 SPS N
family) feet3
5. Swimming pool(multi-family and commercial) —1—SPS 20 feet 15 feet N
6. Tennis courts(private)(one-and two-family) SPS 15 feet SPS 10 feet
7. Tennis courts(multi-family and commercial) SPS 35 feet SPS 20 feet
8. Boathouses and boat shelters(private) SPS N/A 7.5 feet or 15 feet 110 feet
i
i See subsection 5.03.06F.
9. Utility buildings j SPS SPS 10 feet 10 feet
10. Chickee, barbecue areas SPS 10 feet SPS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 feet f SPS
12. Attached screen porch SPS 10 SPS SPS
�_.__ feet`
13. 'Unlisted accessory SPS SPS SPS 10 feet
.14. Docks,decks and mooring pilings N/A N/A 17.5 feet or 15 feet N/A
15. 1 Boat slips and ramps(private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 feet !SPS 10 feet
r -17. Permanent emergency generators NP 10 feet See Sec.4.02.01 D.13 N/A
18. I Golf clubhouse and maintenance buildings 5 50 feet 50 feet 50 feet N/A I
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Y p
N = None.
N/A = Not applicable.
NP = Structure allowed in rear of building only.
SPS = Calculated same as principal structure.
** = All accessory structures in Rural Agricultural and Estates zoning districts must meet
principal structure setbacks.
11 foot of accessory height = 1 foot of building separation.
2 In those cases where the coastal construction control line is involved, the coastal
construction control line will apply.
3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of
bank, except Marco Island and Isles of Capri which may construct to a maximum of seven
feet above the seawall with a maximum of four feet of stem wall exposure, with the rear
setback of ten feet.
4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of
bank, except Marco Island and Isles of Capri which may construct to a maximum of seven
feet above the seawall with a maximum of four feet of stem wall exposure, with the rear
setback of ten feet.
5 The setback shall apply to external boundaries of the golf course district, and shall be
inclusive of separately platted buffer tracts.
* * * * * * * * * * * *
SECTION TWO: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the existing Land Development Code (LDC) or Growth Management Plan
(GMP), the applicable provisions of the existing LDC or GMP shall prevail. In the event this
Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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SECTION THREE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 7th day of July, 2015.
ATTEST:- BOARD OF COUNTY COMMISSIONERS
DWIGF E..:BROCK, CLERK OF COLLIER COUNTY, FLORIDA
Attest as toCh4il 104'x,'; =D putts- TIM NANCE, Chairman
signature only.
Approved as to form and legality:
076 1-
Heidi Ashton-Cicko, Esquire
Managing Assistant County Attorney
04-CMD-01077/1702(6/23/15) This ordinance filed with tht
Secretory of Stpte's Office the
9� day of E J r��+� ._ 'd
and acknowledgement of that
•fill r ceived t is 9rn day
of
owe
IIIP
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FLORIDA DEPARTMENT Of STATE
,
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-45, which was filed in this office on July 9, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us