Agenda 11/04/2002 W AGENDA
BCC WORKSHOP - NOVEMBER 4, 2002, 9:00 A.M. - 12:00 P.M.
TIME
+/- 20 MINUTES
+/- 30 MINUTES
10 minute Break
+/- 60 MINUTES
+/- 30 MINUTES
TOPIC
1. Division 1.6 Interpretations
2. Division 1.8, Non-conformities
3. Division 2.6 Supplemental District Regulations
4. Public Comments
EXECUTIVE SUMMARY
THE SECOND OF THREE FALL WORKSHOPS TO INCLUDE DISCUSSION
OF THE LAND DEVELOPMENT CODE SPECIFICALLY DIVISION 1.6,
INTERPRETATIONS; DIVISION 1.8 NONCONFORMITIES; DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS.
OBJECTIVE: To respond to the Board's direction with respect to conduct a
comprehensive review and re-write of the County's Land Development Code.
Specifically to present to the Board an overview of Division 1.6, Interpretations; Division
1.8, Nonconformities; Division 2.6, Supplemental District Regulations and to discuss the
plans for future amendments to the LDC with respect to these Divisions of the Land '
Development Code.
CONSIDERATIONS:
Division 1.6, Interpretations: Staff will present an overview of the current regulations and
give statistical information regarding the number and types of interpretations. Staff will
present the pros and cons of the regulations and any issues they've had over the past year
with respect to implementation.
Division 1.8, Nonconformities: Staff will present an overview of the current regulations.
Division 2.6, Supplemental District Regulations: Landscape Code: Staff will present an
overview of the current regulations. They will explain the role of the supplemental
district regulations and positive and negative aspects to the current code. Staff will
explain the impact of these regulations and some issues and concerns with respect to their
administration.
GROWTH MANAGEMENT PLAN: This proposal has no immediate impact on the
Growth Management Plan. Staff will ensure that future amendments to the LDC are
consistent with the Growth Management Plan and any future changes thereto.
FISCAL IMPACT: The estimated cost to conduct a comprehensive re-write of the
Land Development Code is the equivalent of 2.5 FTE's for a period of 2 years, at a cost
of approximately $260,733. This excludes time and cost associated with amending the
Land Development Code as a result of the adoption of the Rural Fringe and Rural Land
amendments to the Growth Management Plan, or any amendments associated with the
Community Character Plan or any other zoning overlay amendments. It is anticipated that
funding for this project will come from Community Development fund (113).
RECOMMENDATION: That the Board of County Commissioners consider the
information presented by staff and give direction to staff to take action in the form of
amendments to the Land Development Code and/or Growth Management Plan which
best serve the interests of the public.
PREPARED BY:
CURRENT PLANNING SECTION
DATE
REVIEWED BY:
MX~GAi~T WUIgRSYLE, AfCP, DIRECTOR
PLANNINI3 SERVICES DEPARTMENT
/c~ 27 a?._..
APPROVED BY:
~TRATOR
/OMML~ITY DEVELOPMENT & ENVIRONMENTAL SVCS.
DIVISION 1.6 INTERPRETATIONS
Section 1.6.1. Authority
Section 1.6.2. Initiation
Section 1.6.3. Procedures
Section 1.6.5.1. Notice
Section 1.6.6. Appeals
§ 1.5.7 COLLIER COUNTY LAND DEVELOPMENT CODE
quality public services which eliminates needless duplication of public facilities and instead
employs the use of regional facilities as opposed to multiple or smaller scale and less efficient
local, public or private utility facilities.
The prevision and treatment of water, sewer and reuse irrigation water within the Collier
County Water-Sewer District as a matter of local land development policy and regulation shall
be provided by Collier County Water-Sewer District facilities in conformance with this code
and all other applicable county ordinances, regulations and policies relative to the provision of
such utility facilities and services.
The provisions of this code and all other applicable ordinances, regulations and policies of the
county shall be construed as applicable planning and permitting laws, rules, regulations, and
policies which control development of lands within the Collier County Water-Sewer District to
be services [serviced] by a special-purpose government such as a comm,mlty development
district.
(Ord. No. 92-73, § 2)
DMSION 1.8. INTERPRETATIONS
Sec. 1.~L1. Authority.
The plann/ng services director shall have the authority to make all interpretations of the text
of this code, the boundaries of zoning districts on the official zoning atlas, and to make all
interpretations of the text of the growth management plan and the boundaries of land use
districts on the future land use map.
The chiefbuildlng official shall have the authority to make all interpretations of the text of this
code on matters related to the building code, building permit requirements, building construc-
tion administrative code or building permits.
In cases where interpretations of both the building official and planning services director are
requested jointly, any conflict shall be resolved by the community development and environ-
mental services administrator.
(Ord. No. 95-58, § 3, 11-1-95)
Sec. 1.8-~. Initiation.
An interpretation may be requested by any affected person, resident, developer, land owner,
government agency or department, or any person having a contractual interest in land in
Collier County.
1.6.3.1.
Submission of request for interpretation. Before an interpretation shall be
provided by the plonnlng services director, or chief building official, whichever
is applicable, a request for interpretation shall be submitted to the planning
Supp. No. 7 LDCI:10
GENERAL PROVISIONS § 1.6.5
services director or chief building official, whichever is applicable, ~n a form~
established by him. A fee for the request and processing of the request shall be
established at a rate set by the board of county commissioners from time to
time and shall be charged to and paid by the applicant.
1.6.3.2.
Determination of completeness. After a request for interpretation has been
received, the planning services director or chief building official, whichever is
applicable, shall determine whether the request is complete. If the planning
services director or chief or building official, whichever is applicable, deter-
mines that the request is not complete, he shall serve a written notice on the
applicant specifying the deficiencies. The planning services director or chief
building official, whichever is applicable, shall take no further action on the
request for interpretation until the deficiencies are remedied.
1.6.3.2.1.
Notification of affected property owner. Where a site specific interpretation has
been requested by a party other than the affected property owner, Collier
County shall notify the property owner that an interpretation has been
requested concerning their property.
1.6.3.3. Rendering of interpretation. After the request for in~rpretation has been
determined complete, the plAnuing services director or chief building official,
whichever is applicable, shall review and evaluate the request in light of the
growth management plan, the future land use map, the code and/or the official
zoning arias, and building cede related matters, whichever is applicable, and
render an interpretation. The planning services director and the chief building
official may consult with the county attorney and other county departments
before rendering an interpretation. Prior to the release to the applicant of any
interpretation, the interpretation shall be reviewed by the county attorney for
legal form and sufficiency. Interpretations made pursuant to this section shall
be rendered within 45 days of issuance of a determination of completeness
made pursuant to section 1.6.3.2.
(Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95; Ord. No. 97-83, § 3.A, 12-17-97)
Sec. 1.6.4. Form.
The interpretation sh_~ll be in writing and shall be sent to the applicant by certified mail return
receipt requested.
The community development and environmental services administrator shall maintain an
official record of all interpretations rendered by either the planning services director or chief
building official, which shall be available for public inspection during normal business hours.
Supp. No. '7 LDCI:ll
§ 1.6.5.1 COLLIER COUNTY LAND DEVELOPMENT CODE
1.6.5.1.
Notice of interpretation. The community development and environmental services
administrator shall provide public notification upon the issuance of an interpretation.
For general interpretations of the building code, Growth Management Plan or Land
Development Code, notice of the interpretation and appeal time-frame shall be
advertised in a newspaper of general circulation in the County. For interpretations
affecting a specific parcel of land, notice of the interpretation and appeal time-frame
shall be advertised in a newspaper of general circulation, and mail notice of the
interpretation shall be sent to all property owners within 300 feet of the property lines
of the land for which the interpretation is effective.
1.6.5.2. Effective time limits of an interpretation. An interpretation rendered by the
planning services director or the building official, as the case may be, shall
remain in effect until the appropriate code section is amended to clarify the
applicable provision or provisions which warranted the interpretation, or until
such time as the interpretation is adopted, modified, or rejected as a result of
an appeal to the board of zoning appeals and/or the building beard of
adjustments and appeals, by the applicant or other individual or entity
identified in section 1.6.2 of this code. From the time the interpretation is
rendered and the time the appropriate code section is amended, or in the case
of an appeal, until such time as the board of zoning appeals and/or buildi,~g
board of adjustments and appeals has rendered its finding, no further request
for interpretation regarding the same issue shah be permitted.
(Ord. No. 95-58, § 3, 11-1-95; Ord. No. 97-83, § 3.A, 12-1%97)
Sec. 1.6.6. Appeal fo board of zoning appeals or building board of adjustments and
appeals.
Within 30 days after receipt by the applicant or affected property owner of a written
interpretation sent by certified mail return receipt requested by the plznnlng services director
or chief building official, or within 30 days of publication of public notice of interpretation, the
applicant~ affected property owner, or aggrieved or adversely affected party may appeal the
interpretation to the building board of adjustments and appeals for matters relating to
building and technical codes as shown in division 1.18 or to the board of zoning appeals for all
other matters in this code. For the purposes of this section, an affected property owner is
defined as an owner of property located within 300 feet of the property lines of the land for
which the interpretation is effective. An aggrieved or affected party is defined as any person or
group of persons which will suffer an adverse effect to an interest protected or furthered by the
Collier County Growth Management Plan, Land Development Code, or building code(s). The
alleged adverse interest may be shared in common with other members of the community at
large, but shall exceed in degree the general interest in commtmity good shared by all persons.
A request for appeal shah be filed in writing. Such request shall state the basis for the appeal
and shall include any pertinent information, exhibits and other backup information in support
of the appeal. A fee for the. application and processing of an appeal shall be established at a rate
No. 7 LDCI:12
DIVISION 1.8 NONCONFORMITIES
Section 1.8.1. General
Section 1.8.2. Nonconforming lots of record
Section 1.8.3. Nonconforming uses
Section 1.8.5. Change in tenancy or ownership
Section 1.8.6. Change in Use
Section 1.8.9. Change to conforming use
Section 1.8.10.Nonconforming Structures
Section 1.8.12 Destruction
Section 1.8.13. Repairs and Maintenance
GENERAL PROVISIONS 1.8.2'
mation and data shall be submitted within 30 days of the public notice specified in section
1.7.10 above.
(Ord. No. 92-73, § 2)
DMSION 1.8. NONCONFORMITIES
1.8.1.1.
1.8.1. Generally.
Intent. Within the zoning districts established by the land development code or
amendments that may later be adopted, there may exist lots, structures, uses
of land, water and structures, and characteristics of use which were lawful
before this code was adopted or amended, but which would be prohibited,
regulated, or restricted und.er the terms of this cede or future amendments. It
is the intent of this division to permit these .nonconformities to continue until
they are voluntarily renovated or removed as required by this code, but not to
encourage their survival. It is further the intent of the land development code
that the nonconformities shall not be enlarged upon, expanded, intensified, or
extended, nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
1.8.1.2. Declaration. Nonconforming uses are declared by this division to be incompat-
ible with permitted uses in the districts involved. A nonconforming use of a
structure, a nonconforming use of land or water, or a nonconforming use of
structure, land or water in combination shall not be extended or enlarged after
the effective date of this code or relevant amendment thereto by attachment on
a structure or premises of additional signs intended to be seen from off the
premises, or by the addition of other uses of a nature which would be prohib-
ited generally in the district involved, except as provided for within section
1.8.10.4.
1.8.1.3. Vestedp'rojects. To avoid undue hardship, nothing in this code shall be deemed
to require a change in the plans, construction, or designated use of a building
or property on which a building permit had been applied for prior to the
effective date of adoption of relevant amendment of this code.
In addition, nothing in this code shall be deemed to require a change in the plans, construction,
or designated use of any property for which a development plan was lawfully required and
approved prior to the effective date of adoption of relevant amendment of this cede, provided
that such plan shall expire two years from the date of said approval, or one year from the date
of adoption of this code, whichever shall first occur, if no actual construction has been com-
menced; and thereafter, all development shall be in accordance with the zoning regulations
then in effect. Any such approved plat or plan may be amended by approval of the board of
county commissioners, provided the degree of nonconformity with this code shall not be in-
creased.
(Ord. No. 92-73, § 2)
Sec. 1.8.2. Nonconforming lots of recor~L
In any district, any permitted or permissible structure may be erected, expanded, or altered on
any lot of record at the effective date of adoption or relevant amendment to this code.
A. The minimum yard requirements in any residential district except RMF-6
and E estates) shall be as for the most similar district to which such lot
Supp. No. 2 LDC1:17
1.8.2 COLLIER COUNTY LAND DEVELOPMENT CODE
of record most closely conforms' in area, width and permitted use, except
that when possible the greater of any yard requirement in either district
shall apply, and except when specifically provided for in the district reg-
ulations.
B. The minimum side yard requirement in any commercial or industrial
district shall be equal to the height of the proposed principal structure, or
the minimum side yard requirement in the district, whichever is lesser.
(Ord. No. 92-73, § 2)
Sec. 1.8.3. Nonconforming uses of land~ or waters or structures only.
Where, at the effective date of adoption or relevant amendment of this code, lawful use of lands
or waters exists which would not he permitted under this code, the use may be continued,
long as it remains otherwise lawful, provided:
1.8.3.1. Enlargement, increase, .interisificotion, alteration. No such nonconforming use
shall be enlarged, intensified, increased, or extended to occupy a greater area
of land, structure, or water than was occupied at the effective date of adoption
or relevant amendment of this land development code, except a single-family,
duplex, or mobile home use as provided for within section 1.8.10.4.
1.8.3.2. Movement. No such nonconforming use shall be moved in whole or in part to
any portion of the lot or parcel other than that occupied by such use at the
effective date of adoption or relevant amendment of this land development
code.
1.8.3.3. Discontinuance. If any such nonconforming use ceases for any reason (except
where gover~__mental action impedes access to the promises) for a period of
more than 180 consecutive days, any subsequent use of land shall conform to
the regulations specified by this code for the district in which such land is
located.
Notwithstanding the above definitions of discontinuance relative to a nonconforming use of
land or water or structure, whe~-~m'o~lam~-wat
abled; water management facilities; landscaping;, and other site improvements as required in
l)iv;.~;8 ~his ~ie;~pr/er~o the~ofm~eme~t,f~my~K-lamt, water or structure, sahi
deficiencies as may apply shall be remedied, to the greatest extent possible given the physical
constraints on the property, via the appropriate administrative processes found in Div. 3.3, or
as otherwise required by this Code.
1.8.3.4. Subdivision or structural additions. No land in nonconforming use shall be
subdivided, nor shall any structures be added on such land except for the
purposes and in a manner conforming to the regulations for the district in
which such land is located; provided, however, that subdivision may be made
which does not increase the degree of nonconformity of the use.
1.8.3.5. Nonconformities not involving the use of a principal structure. Nonconformities
not involving the use of a princilml structure, including, but not limited to,
open storage, building supplies, vehicies, mobile homes, trailers, equipment
Supp. No. 2 LDCi:18
GENERAL PROVISIONS 1.8.4
and machinery storage, junkyard, commercial animal yards and the like, shall
be discontinued within one year of the effective date of this code or relevant
amendment of this code.
(Ord. No. 95-31, § 3, 4-18-95)
Sec. 1.8.4. Extension of use in building m_,,n!festly designed for such use.
Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the effective date of adoption or relevant
amendment of this code. Any nonconforming uss which occupied a portion of a building not
originally designed or intended for such use shall not be extended to any other part ol' the
building. No nonconforming use shall be extended to occupy any land outside the building, nor
any additional building on the same lot or parcel, not used for such nonconforming use at the
effective date of adoption or relevant amendment of this code.
Supp. No. 2 LDC1:18.1
GENERAL PROVISIONS § 1.8.10.2'
Sec. 1.8.5. Change in tenancy or ownership.
There may be a change in tenancy, ownership, or.management of a nonconforming use pro-
vided there is no change in the nature or character of such nonconforming use.
Sec. 1.8.6. Change in
If no structural alterations are made, any nonconforming use of a structure, or of a structure
and premises i~ combination may be changed to another nonconforming use of the same
character, or to a more restricted nonconforming use, provided the board of zoning appeals,
upon application to the development services director, shall find after public notice and hearing
that the proposed use is equally or more appropriate to the district than the existing noncon-
forming use and that the relation of the structure to surrounding properties is such that
adverse effect on occupants and neighboring properties will not b~ greater than if the existing
nonconforming use is continued. In permitting such change, the board of zoning appeals may
require appropriate conditions and safeguards in accordance with the intent and purpose of
this code.
Sec. 1.8.7. Casual, temporary, or illegal use.
The casual, temporary, or illegal use of land or structures, or land and structures in combi-
nation, shall not be sufficient to establish the existence of a nonconforming use or to create
rights in the continuance of such use.
Sec. 1.8.8. Uses under conditional use provisions not nonconforming uses.
All uses lawfully existing on the effective date of this code which are permitted as a conditional
use in a district under the terms of this code shall not be deemed a nonconforming use in such
district, but shall without further action be deemed to have a conditional use permit.
Sec. 1.8.9. Change to conforming use requires future conformity with district regu-
lations.
Where a structure, or structure and premises in combination, in or on which a nonconforming
use is replaced by a permitted use shall thereafter conform to the regulations for the district
in which the structure is located, and [sic] the nonconforming use shall not thereafter be
resumed nor shall any other nonconforming use be permitted.
Sec. 1.8.10. Nonconforming structures.
Where a structure lawfully exists at the effective date of the adoption of this ordinance or
relevant amendment that could not be built under this code by reason of restrictions on lot
area, lot coverage, height, yards, location on the lot, 0r__~re~uirements. other than use con-
cerning the structure, such structure may be continued so lon~ as it remains othe~xs-----i~wful,
subject to the following provisions:
1.8.10.1. No such nonconforming structure may be enlarged or altered i which
increases its nonconformi___t~ but any structure or po~-~~ may be al-
~'-ered to decrease its nonconformity; provided, however, that the alteration,
expansion, or replacement of nonconforming single-family dwellings, duplexes
or mobile homes shall be permitted in accordance with section 1.8.10.4.
1.8.10.2. Should such nonconforming structure or nonconforming portion of a structure
be destroyed by any means to an extent of more than 50 percent of its actual
Supp. No. 1 LDCI:19
§ 1.8.10.2 COLLIER COUNTY LAND DEVELOPMENT CODE
replacement cost at time of destruction, as determined by a cost estimate
submitted to the site development review director, it shall not be reconstructed,
except in conformity with provisions of this zoning code.
1.8.10.3. Should such structure be moved for any reason for any ¢[istance whatever,
other than as a result of governmental action, it shall thereafter conform to the
regulations for the district in which it is located after it is moved.
1.8.10.4. Nonconforming residential structures, which for the purpose of this section
shall mean detached single-family dwellings, duplexes or mobile homes in
existence at the effective date of this zoning code or its relevant amendment
and in continuous residential use thereafter, may be altered, expanded, or
replaced upon recommendation of the Collier County planning commission
and approval of the board of zoning appeals by resolution.
Notwithstanding the foregoing restr/ct/ons as to reconstruction, any residen-
tial structure or structures in any residential zone district may be rebuilt after
destruction to the prior extent, height and density of units per acre regardl2ss
of the percentage of destruction, subject to compliance with the app.licable
Building Code requirements in effect at the time of redevelopment. In the
event of such rebuilding, all setbacks and other applicable district require-
ments shall be met unless a variance therefor is obtained from the board of
zoning appeals. For the purpose of this division, a hotel, motel, or beatel shall
be considered to be a residential structure.
Since the size and nature of the alteration, expansion or replacement of such
nonconforming structures may vary widely, a site plan, and if applicable,
preliminary building plans indicating the proposed alteration, expansion or
replacement shall be presented with each petition. Prior to granting such
alteration, expansion or replacement of a nonconforming single-family dwelling,
duplex or mobile home, the planning commission and the board of county
commissioners shall consider and base its approval on the following standards
and criteria:
1.8.10.4.1. The alteration, expm~ion or replacement will not increase the density of the
parcel or lot on which the nonconforming single-family dwelling, duplex or
mobile home is located;
1.8.10.4.2. The alteration, expansion or replacement will not exceed the building height
requirements of the district most closely associated with the subject noncon-
forming use;
1.8.10.4.3. The alteration, expansion or replacement will not further encroach upon any
nonconforming setback;
1.8.10.4.4. The alteration, expansion or replacement will not decrease or further decrease
the existing parking areas for the structure;
1.8.10.4.5. The alteration, expansion or replacement will not damage the character or
quality of the neighborhood in which it is located or hinder the proper future
development of the surrounding properties; and
1.8.10.4.6. Such alteration, expansion or replacement will not present a threat to the
health, safety or welfare of the community or its resident.
{Ord. No. 93-89, § 3; Ord. No. 94-58, § 3, 10-21-94)
Supp. No. I LDCI:20
GENERAL PROVISIONS § 1.~.13"
Sec. 1.8.11. Improvements or additions to nonconforming mobile homes.
Improvements or additions to nonconforming mobile homes containing conforming uses, in the
A agriculture district only, shall be permitted if the addition or improvement complies fully
with the setback and other applicable regulations.
1.8.11.1. Issuance and reissuance of building permits when multiple mobile homes are
located on a single parcel of land. Where specific zoning districts permit mobile
home development and said lands have been substantially developed prior to
the effective date of this code with multiple mobile hemes under singular
ownership without an approved site development plan, as required by division
3.3 of this code, no further building permits for the placement or replacement
of mobile homes may be obtained except as defined below.
1.8.11.1.1. Mobile home replacement. Prior to issuance of any building permit for replace-
ment of a mobile home, the property owner or authorized agent shall provide
the site development review director, or his designee, with three copies' of a
scaled drawing of the subject parcel which indicates:
1. Proof of building permit issuance for structure being replaced.
2. The location of the structure to be replaced and its relationship to a~a-
cent mobile homes and parcel boundaries.
1.8.11.1.2. Additional mobile homes. Prior to issuance of a building permit for any addi-
tionai mobile home(s), the applicant or authorized agent shall obtain a site
development plan, consistent with division 3.3 of the land development code.
As part of the SDP application, building permit numbers of all existing mobile
homes shall be submitted.
1.8.11.1.3. [Maximum density.] In no case shall the issuance or reissuance of building
permits cause the density of the subject parc~. 1 to exceed that provided in the
density rating system of the growth management plan or the Immokalee fu-
ture land use map, except as may be provided in section 1.8.10.4 of this code.
(Ord. No. 93-89, § 3)
Sec. 1.8.12. Destruction of major structure or structures.
When nonconforming use status applies to a major structure or structures, or to a major
structure or structures and premises in combination, removal or destruction of the structure
or structure shall eliminate the nonconforming status of the land. "Destruction" of the struc-
ture for purposes of this subsection is hereby defined as damage to the extent of more than 50
percent of the replacement cost at the time of the destruction. Upon removal or destruction as
set out in this section, the use of land and structures shall therefore conform to the regulations
for the district in which such land is located.
Sec. 1.8.13. Repairs and maintenance.
On any nonconforming structure or portion of a structure and on any structure containing a
nonconforming use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing w~)~s, fixtures, wiring, or plumbing to an
extent not exceeding 20 percent of the current assessed valuation of the structure (or of the
nonconforming portion of the structure if a nonconforming portion of a structure is involved),
LDC1:21
§ 1.8.13 COLLIER COUNTY LAND DEVELOPMENT CODE
provided that the cubic content of the structure existing at the date it becomes noncont'orming
shall not be increased except subject further to the exception provided at section 1.8.10, herein.
(Ord. Bio. 93-89, § 3)
Sec. 1.8.14. Nonconforming structures unsafe because of lack of m~i~temmce.
If a nonconforming structure or portion of a structure, or any structure containing'a noncon-
forming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and
is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason
of physical condition, it shall not thereat~er be restored, repaired, or rebuilt except in confor-
mity with the regulations of the district in which it is located.
Sec. 1.8.15. Nonconforming structures ,,nsaufe for reasons other than lack of mainte-
I1Rnce,
If a nonconforming structure or portion of a structure, or any structure containing a nonc0n-
forming use, becomes physically unsafe or unlawful for reasons other this lack of rep .air~ or
maintenance, nothing contained herein shall be deemed to prevent the strengthening or re-
storing to a safe condition of such building or part thereof declared to the [be] unsafe by the
authorized official of Collier County charged with the public safety; provided, however, that
where such unsafenesa or unlawfulness is the result of damage from destruction, the per-
centage of damage limitations set out in section 1.8.12, as the case may be, shall apply.
DMSION 1.9. ENFORCEMENT
Sec. 1.9.1. General.
The provisions of this code shall be enforced by (1) the Collier County code enforcement board
pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commis-
sioners through its authority to enjoin and restrain any person violating the code, or (3) by
Collier County through the prosecution of violations in the name of the State of Florida
pursuant to the authority granted by F.S. § 125.69. The county manager shall have the right
to inspect those lands, waters, or structures affected by this code and to issue citations for
violations.
1.9.1.1. The term "county manager" as used in this code shall mean the county man-
ager or his designee.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3)
Sec. 1.9.2. Violation.
Whenever, by the provisions of this code, the performance of any act is required, or the
performance of any act is prohibited, or whenever any regulation or limitation is imposed on
the use or development of any land or water, or on the erection of a structure, a failure to
comply with such provisions shall constitute a violation of this code.
(Ord. No. 93-89, § 3)
Sec. 1.9.3. Complaints regm. dtng violatlons.
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a
complaint. Such complaint stating fully the causes and basis thereof shall be Cried with the
county manager. The county manager, or his designee, shall record properly such complaint,
LDCl:22
DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS
Section 2.6.2 Accessory Buildings and Structures
Section 2.6.3 Exclusions from Height Limits
Section 2.6.7. Parking and storage of certain vehicles
Section 2.6.9. Essential Services
Section 2.6.10.Locational restrictions for businesses serving alcoholic beverages
Section 2.6.11 Fences
Section 2.6.13.Miscellaneous Structures
Section 2.6.20. Home Occupations
Section 2.6.28. Automobile service stations
Section 2.6.33. Temporary use permits
ZONING 2.6.2.1
shall be considered a separate and distinct offense. Further, each day of
continued violation or noncompliance shall be considered as a separate offense.
Nothing herein contained shall prevent or restrict the county from ts_king such
other lawful action in any court of competent jurisdiction as is necessary to
prevent or remedy any violation or noncompliance. Such other lawful actions
shall include, but shall not be limited to, an equitable action for injunctive
relief or an action at law for dAm%o~s.
Further, nothing in this section shall be construed to prohibit the county from
prosecuting any violation of this Code by means of a code enforcement beard
established pursuant to the subsidiary of F.S. ch. 162.
(Ord. No. 96-21, § 3; Ord. No. 00-8, § 3.E.; Ord. No. 01-60, § 3.B.)
DIVISION 2.6. SUPPI,EM'F~NTAL DIb-'TP, ICT REGULATIONS
2.6.1. Visibility at intersections in all zoning distriet~
On a corner lot in all ZOning districts, no fence, wall, hedge, planting, or structure shall be
erected, planted, or allowed to grow in such a m_~nner as to obstruct vision between a height
of 30 inches and eight feet above the centerline grades of the intersecti_Lng strsets in the area
bounded by the right-of-way lines of such comer lots and a line joining points along said
right-of-way lines 25 feet from the point of intersection, parking is prohibited in this area.
Trees are permitted, so long as the foliage is cut away and lnAintAined within the 30-inch and
eight-foot clearance requirement. Posts for ilb~mlnAting fixtures, trat~c control, fences and
street nome signs are permit, so long as the sign or equipment is not within the prescribed
clear space and the fence does not visually impede the clear sight of the intersection. (See
section 2.4.4.13.)
(Ord. No. 92-73, § 2)
Sec. 2.6~. Accessory buildings and structures.
2.6.2.1.
Location of accessory buildings and structures. 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 notwlth-
st~ndlng the attsehment of such structure or buildi~ containing tho accessory
use to the principal use structure or building. Accessory buildings and
structures must be constructed simultaneously with or followi~ the construc-
tion of the principal structure and shah conform with the fonowing setbacks
and building separations:
Supp. No. 13 LDC2:184.3
2.6.2.1
COLLIER COUNTY LAND DEVELOPMENT CODE ' .....
ACCESSORY STRUCTURES" ,,
NON-WATERFRONT LOTS AND NON-GOLF COURSE LOTS
f~mil~ SPS 10 feet SPS 10 feet
2. One-story parlrlnE structures
.,.a/or carjxn-te SPS 35 feet SPS 10 feet
3. M,~,~-~ory par~,",g structu_.'ee SPS 35 feet SPS 1]1*~
4. Sw~,-mlnE pool and/or screen an-
clo~ure (one- and two-¢~mil~) SPS 10 feet SPS N
5. Sw~-,mlnE pool (multiple.family
and Cg_mmC~ial) SP8 20 feet 15 feet N
6. T~nnls courts (private) (one. and
two-fomil~r) -qPS 15 feet SPS 10 feet
7. Tennis courts (multiple.family,
and c~mme~ial) SPS 20 feet 15 feet 20 feet
8. Utilitlr bnjldln~ ~PS 10 feet 8PS 10
9. Cb_~iol~e_~ barbecue areas SPS 10 feet SPS 10 feet
10. A~ached screen porch SPS 10 feet SPS N/A
11. UNlisted a_~-_~_a~ry SPS SPS SPS 10 feet
12. Satellite dish a~nna lhrp 15 feet SPS 10 f~t
2.6.2.2.
N = None.
N/A = Not applicable.
NP = Structure allowed in rear of buil&ing only.
SPS = Calculated same as principal structure.
* = 1 foot/foot of accessory height = I foot/foot of building separation.
[Accessory structures on waterfront lots and golf course lots.]
ACCESSORY STRUCTURESe
ON WATERFRONT LOTS AND GOLF COURSE LOTS
Setbacks
Structure
Front Rear S/de (/f Det~hed)
1. ParklnE garage or carport, single.
fs~l~ SPS SPS SPS 10 fe~t
2. One.story parl~i%~ sto_,_~O_ ~as SPS SPS SPS 10 feet
3. MultistorY parlrlnE structures SPS SPS SPS 1/1~
4. Swir-mlnE pool and/or screen an-
closure (one- ~nd two-~mil~) SPS 10 feeta SPS N
5. ~wimmln~ pool (multiple.~mily
v. lld c~mmel'~i~l) 8PS 20 feet 15 feet N
Supp. No. 13 LDC2:184.4
ZONING 2.6.2.3
Structure to
Structure
Front Rear Side Clf Detached)
6. Te~nla courts (private) (one- and
~wo.f~,nil~) SPS 15 feet SPS 10 f~t
7. Tennis cour~ (multiple-C-rally and
,~mmAr~ial) SP~ 35 feet SPS 20 feet
8. Boathousez and boat sheltem (pti.
rate) SPS N/A 7.5 feet or 15 feet 10 feet
(See section
9. Utility bui]~i-~ SPS SPS 10 feet 10 feet
10. Ch;,-:~% barbeo__~_~ are~ SPS 10 feet ~P~ N
11. Da~t~ hoi~t~ ~,d_ ~ N/A N/A 7.5 feet or 15 feet SPS
(See sect/on 2.6.21.5)
12. A~$eh~l screen porch SPS 10 feet~ SPS ,~
13. Unlisted ,o~ory SPS SPS ~ 10 f~t
14. Doc~ d~~-~ and mooring pilin? N/A N/A '.5 feet or 15 feet
(See section [2.621.5])
~t sh'ps ,nd ,~mps (private) N/A N/A 7.5 feet I N/A
15.
16. S~_t~lllt~_ d;,h ant~nn~m I~P 15 feet ~l~[ 10 feet
N = None.
N/A = Not applicable.
NP -- Structure allowed in rear of building only. May be located on pad at
ground level, but not mounted on roof.
SPS -- Calculated s~me as principal structure.
1X/foot of accessory height = 1/foot of bui]dlnE separation.
lin those cases where the coastal construction control line is involved, the
coastal construction control line will apply.
s20 feet where SWirnmln..~ 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 m~-imum of
four feet of stem wall exposure, with the rear setback of ten feet.
~20 feet where floor or deck of porch exceeds 4 feet in height above top of
seawall or top of b~nir; except Marco Island and Isles of Capri which may
construct to a ma=imum of seven feet above the seawall with a m,~im,,m of
four feet of stem wall exposure, with the rear setback of ten feet.
2.6.2.3.
Limitations as to size of accessory buildings and structures. Accessory build-
ings shall not occupy an area greater than five percent of the total lot area in
all residential zoning districts, or occupy an area greater than 40 percent of
any building envelope (i.e., area of lot remaining for building purposes ai~r
accounting for required setbacks), whichever is the lesser, provided the total
mn~mnm coverage provision of thls ordinance for all principal and accessory
Supp. No. 11 LDC2:184.5
2.6.2.3 COLLIER COUNTY LAND DEVELOPMENT CODE ' '
bui]ain~s is not exceeded. Nothing herein cont~!ned shall serve to preVent the
construction of an accessory building cont~nlng an area of less than 500
square feet provided all yard and building spacing requirements can be met.
2.6.2.4. Canopy tents/shades. Canopy tents/shades shall be permitted in residential
and estates zoned areas in accordance with the side and rear setbacks for the
applicable zoning district. These structures are expressly prohi.'bitsd on the
street side of the front wall of any structure or building in a residential zonin~
district, including estates zoning. A buildln_~ permit shall be obtslned for these
structures accomponied by a plot plan and is limited to one structure per
residential lot with a principal structure. These structures sh~l)_ consist of
metal poles supports with canopy tops and no sides. The mA~mnm size of
these structures shall be 300 square feet, not to exceed 15 feet in height..The
use of these structures shall be for the sterageJpariring of recreational vehicles,
vehicles authorized in residential areas, and as a sun shade for Outdoor
recreating. At no t/me shall these structures be used for any. other type of
storage or be permitted with electrical or other utility connections.
(Ord. No. 92-73, § 2; Ord. No. 96-66, § 3.E, 10-30-96; Ord. No. 97-2, § 1, 1-7-97; Ord. No. 00-6,
§ 3.F, 1-25~0)
See. 2.62. Exclusions from height limits.
2.6.3.1. General exclusions. The height llmitations contAin~ed in division 2.2 do not
apply to spires, belfries, cupolas, flagpoles, antennas, comm~mlcations towers,
water tanks, fire towers when operated by a branch of government, ventilators,
chimneys, feed storage structures, silos, windmill% airport control towers, or
other appurtenances usually required to be placed above the roof level and not
intended for human occupancy; provided, however, the heights of these
structures or appurtenances thereto shall not exceed any height limitations
prescribed by tho Federal Aviation Agency or airport zoning regulations within
the flight approach zone of airports. (See section 2.2.23.)
2.6.3.2. Exclusions for off-street parking within a principal structure. In instances
where off-street parl~inE is provided within the principal structure, the
development services director may waive the mR~mnm height requirements
to the extent necessary to permit off-street parking within the principal
structure, provided however. (1) the number of off-street parking spaces
required by thin Code for the use involved may not be reduced; (2) the waiver
in height shall not be greater than that necessary to provide for the off-street
parlrln~ within the principal structure, with a xvs~imnm of two parking levels;
(3) the waiver of the m~mnm height requirements are compatible with the
uses on adjacent properties; and (4) for each off-street parir/n~ space permitted
within the principal structure for which the maximum height waiver is
granted, 300 square feet of additional open space beyond that which is
otherwise required by this Code shall be provided.
(Ord. No. 92-73, § 2)
Supp. No. ~ LDC2:184.6
ZONING 2.6.4.1.10
See. 2.6.4. Exceptions to required yards.
In all zoning districts, yards, as defined in division 6, shall be as established by the
dimensional standards for that zanlng district (see division 2.2) except as follows:
2.6.4.1. Yard encroachments. Every part of every required yard shall be open and
unobstructed from 30 inches above the general ground level of the graded lot
upward to the sky except as hereina/ter provided or as otherwise permitted in
this Code:
2.6.4.1.1. Sills and other architectural and design treatments shall not project over 12
inches into a required yard.
2.6.4.1.2. Movable aw~in~ shall not project over three feet into a required yard,
provided that where the yard is less than five feet in width the projection shall
not exceed one-half the width of the yard.
2.6.4.1.3. Vfmdow- or wall-mounted air conditioning units, ~.hlmneys, fireplaces, bay
windows, or pilasters shall not project over two feet into a required yard.
2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise
permitted within this section) and unenclosed shall not project over five feet
into a required side or rear yard and three feet into a front yard of a
multiple-fAmily dwelling, hotel or motel and not over three feet into a required
front, side or rear yard of a single-fAmily residential dwelling.
2.6.4.1.5. Hoods, canopies, or roof overhangs shall not project over three feet into a
required yard, but shall not come closer than one foot to the lot line.
2.6.4.1.6. Fencez, w~lh and hedges, subject to section 2.6.11, and pad-mounted air
conditioners are permitted in required yards, subject to the provimo' ns of
section 2.4.4.13.
2.6.4.1.7. Cornices, eaves or gutters shall not project over three feet into a required yard,
provided that where the required yard is less than six feet in width, such
projection shol! not exceed one-half the width of the yard.
2.6.4.1.8. Except as provided in section 2.6.1, nothing in this zoning code shall be so
construed as to prohibit landscaping.
2.6.4.1.9. Except as otherwise provided by this Land Development Code, when lots on
beth sides of an undeveloped recorded lot contain a residential structure whose
front yard setback is less than is now required, the average of the setbacks of
the two contiguous developed lots shall serve to establish the minimum front
yard requirement for the vacant lot.
2.6.4.1.10. In commercial, industrial and multi-fAmily residential developments, carports
which are open on all sides may encroach into the required yards provided they
do not encroach into the required landscape buffers, as required by this Code;
and furthermore, if the landscaping is deficient where the carports are
Supp. No. 11 LDC2:184.?
2.6.4.1.10
2.6.4.2.
2.6.4.2.1.
2.6.4.2.2.
COLLIER COUNTY LAND DEVELOPMENT CODE
proposed, the landscaping must be upgraded to comply with the Code require-
merits to the greatest extent possible prior to the issuance of a building permit
for said carports. This shall be accomplished by a site development plan
omendment or a site improvement plan approval.
Minor after.the-fact yard encroachments.
Minor after-the.fact yard encroachments may be approved administratively by
the development services director. For the purposes of this subsection, ~nlnor
yard encroachments shall be divided into two classifications:
1. Structures for which a certificate of occupancy has not been granted. The
development services director may administratively approve minor ~
the-fact yard encroachments of up to 5 percent of the required yard, not
to exceed a moxlmum of 6 inches.
2. Structures for which a certificate of occupancy or a final development
order has been granted. The development services director may a~lmln-
istrafively approve minor after-the.fact yard encroachments of up to ten
percent of the required yard which requirement was in effect as of the
date on which the certificate of occupancy or final development order was
issued, not to exceed a m~imum of two feet.
3. Administrative variances approved pursuant to the above do not run with
the land in perpetuity and remain subject to the provisions of section
1.8.10 non-conforming structures.
1. The property owner, or his agent, shall submit to the development
services director a signed and sealed survey identifying the exact location
and size of the encroachment; a statement of how and when the
encroachment was created; a statement of current ownership, and
ownership at the time the encroachment was created; any other factors
which may show that the encroachment was not intentionally created;
and the applicable fee as listed in the schedule of fees.
2. The development services director shall review the request for minor
a/ter-the.fact encroachments, and shall within 30 days of receipt of the
request and application fee, notify the applicant in writing of its approval
or denial based upon information provided by the applicant as described
in section 2.6.4.2.2.1 above.
3. If denied by the development services director, all fees for the request for
minor al%er-the.fact encroachments maY be applied toward a variance
request as described in section 2.7.5, if the variance request is received
within 30 days after the date of the denial letter.
Supp. No. 11 LDC2:184.8
2.6.4.3.
2.6.4.3.1.
2.6.4.3.2.
2.6.4.4.
2.6.4.4.1.
2.6.4.4.2.
ZONING
2.6.4.4.2
.Mino.__._,r improvements to legal
residential zoning district.
nonconforming structures
located within a
Where a structure was lawfully permitted within a residential zoning distl'ict
under a previous code, and where said structure is considered nonconforming
under the current Land Development Code due to changes in the required
front, side or rear yards, the site development review director may 8dmlni~-
trafively approve a variance for an amount equal to or less than the existing
front, side and/or rear yard encroachment. Canopies, windowsills or other
projections as provided for within section 2.6.4.1 shall not be used in the
calculation of existing front, side and/or rear yard encroachments.
Procedure. The applicant shall follow the same procedures as provided within
section 2.6.4.2.2, except that in addition the applicant shall submit a'detailed
conceptual site plan drawn to scale depicting all existing structures and the
proposed addition, as well as the distance between the property lines and the
existing and proposed structures. Additionally, the applicant sh~ll provide
proof that the encrosehing structure was legally constructed. Such proof shall
include, at a mlnlmnm; evidence that a building permit was issued for the
encroaching structure, or, where such evidence c~nnot be provided, documen-
tation from the property appraiser's office of the date the structure was placed
on the tax rolls.
Waterfront yards.
Purpose and intent. It is the intent and purpose of this section to permit the
placement of principal stru~, except single-fAmily, twO-fAtally and duplex
dwAlllng units, at the bulkhead line or shoreline where such placement at the
water's edge can enhance the choracter of waterfront development without
detriment to adjoining or nearby properties or without damage to a particular
environmental situation. The provisions of this section have their greatest
potential application in planning for the use of tidewater inlands er areas of
the county of such size and location that the use of this provision win meet its
intent and purpose. If the provisions of this section are met, such provisions
govern regardless of any requirement for waterfront yards in the zoning
district involved. In those cases where the coastal control line is involved, the
coastal construction control line shAH apply.
Classification of waterfront lands and building location. Principal structures
shall not be erected waterward under this section beyond the followin~ limits
for the situations OUtHOed:
For waterfront lands along which a b-lkhead line has been established,
buildings may be erected out to, but not beyond, the bulkhead line.
Supp. No. 11 LDC2:184.9
COLLIER COUNTY LAND DEVELOPlVIENT CODE
2.6.4.4.2
2. .For waterfront lands along which an offshore building limit has been
established by the board of county commissioners, buildings may be
erected out to, but not beyond, the building ]imlt line.
3. For waterfront lands along which neither a b,,ll~head nor a building limit
line has been established, buildings may be erected out to, but not
beyond, the shoreline, as that shoreline exists prior to development and
construction.
2.6.4.4.3. Uses. Since this section applies only to the placement of structures in
waterfront yards, there shall be no use permitted under this section which is
not permitted or permissible in the district involved. A structure approved
under this section, however, may be attached to or made an integral part .of a
boathouse or dock, if such boathouse or dock is permitted or permissible in the
district involved.
2.6.4.4.4. Site development plan required. An applicant under this section shall submit a
site development plan as required in division 3.3. In addition to the contents of
such a plan as required by division 3.3, the applicant shall submit such
materials as will demonstrate that the placement of the proposed buildln.~s in
waterfront yards from which they would otherwise be excluded: (1) will not
adversely affect adjoining or nearby properties; and, (2) will cause no adverse
environmental effects as a result of building placement as requested.
(Ord. No. 92-73, § 2; Ord. Bio. 93-89, § 3; Ord. No. 95-31, § 3, 4-18-95; Ord. No. 98-63, § 3.D,
6-24-98; Ord. No. 99-46, § 3.D, 6-16-99; Ord. No. 00-8, § 3.F, 1-25-00; Ord. No. 00-92, § 3.D,
12-13-00)
Sec. 2.621. Buildings to have access.
Every building herea/ter erected or moved shall be on a lot adjacent to a public street or with
actual and legal, access to an approved private street, and all structures sb~!l be so located on
lots as to provide safe and convenient access for servicing, fire protection, and required
off-street parking.
Sec. 2.6~. Use of residentially zoned property for access prohibited.
No lot or parcel which is residentially zoned or designated shall be used for driveway, w_~l~ay
or access purposes to any land which is nonresident/ally zoned or designated, or used for any
purpose not permitted in a residential district except for ingress and egress to a use existi_'_r~
at the effective date of Collier County Ordinance No. 82-2 [January 14, 1982] which does not
abut on a street, except as may be further provided in this Code.
Sec. 2.6.7. Parking and storage of certain vehicles.
2.6.7.1. Parking and storage of vehicles without current license plates.
2.6.7.1.1. Vehicles or trailers of any type that are not immediately operable, or used for
Supp. No. n LDC2:184.10
2.6.7.2.
2.6.7.2.1.
2.6.7.2.2.
ZONING 2.6.7.2.2
the purpose for which they were manufactured without mechanical or electri-
cal repairs or the replacement of parts; or do not meet the Florida Safety Code;
or do not have current valid license plates; or do not meet the de6nition of
recreational equipment as defined within this Code, shall not be parked or
stored on any residentially zoned or designated property, including the E
estates district, other than in a completely enclosed building. For the purpose
of this section a license plate shall not be considered valid ~mless it is both
affixed to a vehicle or trailer in a fashion authorized by Florida law and is
registered to the vehicle or trailer upon which it is displayed.
Parking, storage or use of mojor recreational equipment.
No recreational equipment shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a residentially zoned lot, residential
districts, or any location not approved for such use. In districts permitting
single-fAmily homes or mobile homes, msjor recreational equipment may be
parked or stored only in a rear yard, or in a completely enclosed building, or in
a carport, or on davits or cradles adjacent to waterways on residentially zoned
property; provided, however, that such equipment may be parked anywhere on
residential premises, Other than on county rights-of-way or right-of-way
easements for a period not to exceed six hours within a time period of seven
days for loading and unloading, and/or cleaning prior to or after a trip. For the
purpose of this section the rear yard for a comer lot shall be considered to be
that portion of the lot opposite the street with the least frontage. For through
lots the rear yard sbA)) be considered to be that portion of the lot lying between
the rear elevation (by design) of the residence and the street.
The following exceptions may be granted by the site development review
1. Such recreational equipment may be parked upon the premises of the
resident for a period not exc~ing seven days for the purpose ofrepairlng
and/or cleaning pr/or to or a/~er a trip. A temporary use permit must be
obtained to authorize this activity. The permit for such period shall be
~ffi=ed to the vehicle in a conspicuous place on the street side thereof. No
more than two consecutive permits may be issued and the ~imum
n,,mber of permits issued during one calendar year shall be restricted to
four.
2. Nonresident: Such car, trailer, bus or motor home, when used for
transportation of visiWrs to this county to visit friends or member of the
visitors family residing in this county may be parked upon the premises
of the visited family for a per/od not exceeding seven days. A temporary
use permit must be obtained to authorize this activity. The permit for
such per/od shall be affixed to the vehicle in a conspicuous place or on the
street side thereof. This does not allow for living, sleeping, or housekeep-
Supp. No. 11 LDC2:184.11
2.6.7.2.2 COLLIER COUNTY LAND DEVELOPMENT CODE
2.6.7.3.
2.6.7.3.1.
2.6.7.4.
2.6.7.4.1.
Lng purposes. No more than two consecutive permits may be issued and
the mn~imum number of permits issued during one calendar year shall be.
restricted to four.
Parking of commercial vehicles or commercial equipment in residential areas.
It shall be nnlawfu], to park a commercial vehicle or commercial equipment on
any lot in a residential zoning district unless one of the following conditions
exists:
(1) The vehicle and/or equipment is engaged in a construction or service
operation on the site where it is parked. The vehicle or equipment must
be removed as soon as the construction or service activity has .been
completed.
(2) The vehicle and/or equipment is parked in a garage or fully enclosed
structure or carport which is structurally or vegetatively' screened and
c_~nnot be seen from adjacent properties or the street serving the lot.
(3) The vehicle is parked in the rear of the msln structure and is enclosed
within a vegetative screening which conceals the vehicle from the view of
neighbors.
(4) Automobiles; passenger type vans; and pickup trucks having a rated load
capacity of one ton or less - all of which do not exceed 7.5 feet in height,
nor 7.0 feet in width, nor 25 feet in length shall be exempted from this
section ,mless otherwise prohibited by a special parking overlay district.
(5) Exempted from this section is small commel~al equipment such as
ladders and pipes which c~nnot be con~_~ined in the vehicle. Said
equipment shall be limited to one ladder or one unit of pipe which does
not exceed 12 inches in diameter per commercial vehicle. Said equipment
shall be secured atop the vehicle and shall not extend beyond the length,
height or width of the vehicle.
Restricted parking RP overlay district: restricting the parking of commercial
and major recreational equipment.
Purpose and intent. It is the intent and purpose of the restricted parking
overlay district (RP) to allow residents within a subdivision in Collier County
to prescribe stricter regulations governing the parking of commercial and/or
major recreational equipment than is provided under the mlnlmOm require-
ments set forth in thi, zoolng code. This district is intended to apply as an
overlay district for areas or portions of areas which are zoned for residential
uses. The purpose of this section is to maintain the appearance and quality of
the residential use in the manner in which it was originally platted, to reduce
Supp. No. 11 LDC2:184.12
ZONING 2.6.9.1
congestion, prevent overcrowding and the bloclrlng of views and the free flow
of air currents, and to maintain the las_ti__n~ values and amenities of the
neighborhood.
2.6.7.4.2. Establishment of zoning classification. A zoniog overlay district, to be known
as the restricted parking overlay district, and to be designated on the official
zo,i~g atlas by the symbol "RP" in conjunction with the basic residential
symbol, is hereby established.
2.6.7.4.3. Procedure for establishing district. Upon petition to the board of county
commissioners, signed by a mlnlm~,m of 100 property owners or 50 percent of
the property owners, whichever is the lesser, in the proposed district, platted
subdivision, or a voting precinct comprising a homogeneous zoning area, the
board of county commissioners may revise the boundaries of the district and
enact an implementing ordinance to become effective upon approval by a
majority of the qualified electors residing within the district voting in the next
general election held specifically for the implementing ordinance. The election
permits a choice by the elector if in favor of or opposed to the regulations
adopted by the implementing ordinance.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 96-21, § 3; Ord. No. 96-35, § 4; Ord. No. 96-66,
§ 3.E, 10-30-96; Ord. No. 97-26, § 3.D, 6-4-97; Ord. No. 99-6, § 3.D, 1-27-99; Ord. No. 00-43,
§ 3.F, 6-14-00)
Cross reference~SWpping, standlnE and parking, § 130-31 et seq.
Sec. 2.6~. Moving of buildings or structure~
No building or structure shall be moved from one lot to another lot, or moved to another
location on the same lot, unless such building or structure shall thereafter conform to all of the
applicable provisions of thi~ zoni,~ cede and to all other applicable regulations of Collier
County.
Code reference Moving of buildings, § 22-381 et seq.
~c_____.fx_, _ __~_?__.,:?f~ F ___--.~-___~services designed and operated to provide water,
sewer, ga~telephone, e~ec~,~l~ ~visio. or commnnica~o~s to the general p~blic by
providers w~ch have been approv~k~ and authorized according ~ laws having appropriate
2.6.9.1. Per~tted uses. The followh~g uses shall be deemed p~mitted uses in.
zoning~listrict: water lines, s~er lines, gas lines, teleph/~e lines, tel.?h.o.
switchin~stations, cable televi~on, electrical troosmission~and distribwU~tOj k
lines, ,ubtit~ttions, emergency po~er structures, sewage lift~tations, water
pump .t ons. individ,al pri- ,te we, s and septic and
installations n~cessary for the perfo~ance of these services. (]~vernmental
Supp. No. n LDC2:184.13
I District Regulations, of'Ordinance 91-102, as
Land Development Code, is hereby amended to read as
iai Services.
2.6. SUPPLEMENTAL DISTRICT REGULATIONS
2.6.9.1~Permitted us~s. The followin8 uses ~ ~dg4~ de~m~ permitted
uses:
a. in an~ eytl:y_zoning district: water lines, sewer lines, f~ts lines, telephone lines,
telephone switching stations, cable television, electrical transmission and
distribution lines, substations, emergency power structures, sewag~ lift stations,
water pumping stations; ,~ss~ntial service wells (includiniz extr~_~on facilities, and
~ individual private wells and septic tanks, and similar installations
necessary for the performance of these services. If any nronosed well is a Collier
i~ermittine aaencv's scheduled public hearings:
· . : . · ~ · Ogovernmental facilities, es
defined by this Code, ' ' ' ' '
c. in thc agricultural and estate zoned districts the following governmental facilities:
nonresidential not-for-profit child care, ~nonresidential education facilities,
libraries, museums, neighborhood parks, and recreational service facilities;
cl. in residentially zoned districts: neighborhood oarks:
2.6.9.2.Conditional uses. The following usea-~ l'ea_ulre n_o_oroval pursuant
~ conditional uses;
a. in any-event_ zoning district: electric'or sas generating plants, effluent tanks,
major re-pump stations, sewage treatment plants including percolation ponds,
hospitals, hospices, water aeration or treatment plants, governmental faoilitiel;
b. in residential, agricultural and estate zoned districts, except as otherwise S~l~2~o_ i_,fi..ed
by section 2.6.9.1,.L=t
faeililieo; f~ionnl _oarks. community _oarks. safety service facilities, and other
similar facilities;_:
2.6.35.7. Alligator Alley communication towers.
(6)
25
Words s~re ddeted, words ~ are added
2.6.9.1 COLLIER COUNTY LAND DEVELOPMENT CODE
identt~l not~for-profit chi~ care, nonresidential education facilities, libraries,
2.6.9.2. Condit~l uses. The follow~ uses shall be de~ed conditional u~es in any
zoning district: electric or gas ~nerating plants, ei~uent t~nlr~, major,re-pump
stations, s~wage treatment plants including per~lation ponds, h~spitals,
hospices, w~ter aeration or treatment plants, ~ .... ~'i~-'" ~- i!-
~'_~~ % public wate~upply acquisition,~t~drawal, or e~trac-
ti;~ facilities, s~ety service facilifies,~and other similar ~cilities. .
2.6.9.3. [Applicability of district re~lat/on.s.] Under this subsection, where structures
are involved other than structures supporting lines or cables, such structures
shall comply with the re~flations for the district in which they 'are located or
as may be required on an approved site development plan under division 3.3.
In addition, the structures shall conform insofar as possible to the character of
the district in which they are located as to development standards as well as
architecture and landscaping, with utilization of screenin~ and bufferin~
compatible with the district.
2.6.9.4. [$tru. ct~res for commercial ~ctivities.] Essential services shah not be deemed to
include the erection of structures for commercial activities such as sales or the
collection of bills in districts from which such activities would otherwise be
barred. Unsteffed b/il/nE services, which are accessory uses to the normal
operations of the essential service, may be permitted.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3)
Sec. 2.6.10. Locational restrictions for businesses serving alcoholic beverages.
2.6.10.1. Sale of alcoholic beverages. The planning services director, or his designee, may
authorize the sale of alcoholic beverages for cons-mption on-premises subject
to compliance with all zoning restr/ctions and the foUowing locational criteria:
Supp. No. 11 LDC2:184.14
2.6.10.1.1.
2.6.10.1.2.
2.6.10.1.3.
2.6.10.1.4.
2.6.10.2.
2.6.10.2.1.
2.6.10.2.2.
ZONING § 2.6.10.2.2
No such use shall be located within 500 feet of any established elementary,
middle or high school, ch/Id care center, public library, church, public park, or
pUblic playground, unless a waiver of said distance requirement is granted by
a board of zoning appeals resolution pursuant to section 2.6.10.3. This does not
include beach access points. The distance of 500 feet sb~ll be meaSured aS the
shortest distance between the lot on which the school; child care center, public
library, church, public park or public playground is located and the lot on which
the alcoholic beverages are to be sold, except that establishments located in
shoppin~ centers shall be meaSured to the outer wall of the establishment.
No such use shall be located within 500 feet of any existiag establishment
whose primary function is the sale of alcoholic beverages for consump,tion
on-premises.
The distance of 500 feet shall be measured as the shortest distance between
the lot on which the existin~ establishment is located and the lot on which the
alcoholic beverages are to be sold, except that establishments located in
shopping centers shall be measured to the outer wall of the establishment.
The erection of any school, ch/Id care center, public library, church, public park
or public playground within 500 feet of an establishment which offers the sale
of alcoholic beverages for cons~mpfion on-premises shall not cause such
establishment to become nonconforming.
The applicant shall submit a site plan showin~ the followln~
1. Dimensions of subject premises;
2. All vehicular points of ingress and egress; and
3. Compliance with all 'requirements of this cede includint~ landscaping,
off-street parkix~, buff'er areas, and location and size of all signs.
Expimlion of zoni~ approval. The planning services directoPs approval for
the sale of alcoholic beverages for consumption on-premises, granted pursuant
to this section, shall expire a~er the following periods of time and shall
thereaf~ become nun and void:
In the case of an existix~ structure, zoning approval shall expire six months
from the date of approval ,_mless, within that period of t/me, operation of the
alcoholic beverage establishment has commenced. For purposes of ~his section,
operation shall be defined as the sale of alcoholic beverages in the normal
course of business.
In the case of a new structure, zonin~ approval shall expire one year from the
date of approval ,mlees, within that period of time, operation of the alcoholic
beverage establishment has commenced. However, if substantial construction
is completed, the pl~nniug services director may grant one extension for up to
six months.
Supp. No. 9
LDC2:185
§ 2.6.10.3 COL!ffER COUNTY LAND DEVELOPMENT CODE
2.6.10.3.
2.6.10.3.1.
2.6.10.3.2.
2.6.10.3.3.
2.6.10.3.4.
2.6.10.4.
.I i
Waiver of distance requirement. The board of zoning appeals may, 'by resolu-
tion, grant waiver of part or all of the minimum distance requirement set forth.
in section 2.6.10. if it is demonstrated by the applicant and determined by the
board of zoning appeals that the sits proposed for the sale and consnmption of
alcoholic beverages is separated from an established business whose primary
function is the sale of alcohoUc beverages for consumption on premises, school,
child care centsr, pubUc library, church, pubUc park or public playground by
natural or monmade boundaries, structures or other features which offset or
limit the necessity for such minimum distance requirement. The board of
zoning appeals' decision to waive part or all of the distance requirement 'shall
be based upon the following factors:
The nature and type of natural or mAnta-de boundary, structure or other
feature lying between the proposed establishment and an existing school, child
care centsr, public library, church, public park or public playground which is
determined by the board of zoning appeals to lessen the need for the Wtal
500-foot distance requirement. Such boundary, structure or other feature may
include, but not be limited to, lakes, marshes, nondevelopable wetlands,
designated preserve areas, canals, and m~jor rights-of-way.
The paths of vehicular and pedestrian traffic which could be taken between the
establishment and the school, child care center, public Ubrary, church, pubUc
park or pubUc playground.
The hours of operation and the noise and light which could potentially be
generated from the premises selling alcohoUc beverages.
Prior to consideration of such waiver by the beard of zoning appeals, the
applicant shall provide to the planning services director a written application
for waiver of the distance limitation on an application form supplied by the
planning services director, including a legal description of all applicable
structures with a survey or boundary sketch to scale, and such other informa-
tion which the applicant can supply which would assist the board of zoning
appeals in its evaluation pursuant to the factors set forth above. Upon receipt
of the applicant's application and the applicable application fee established by
the board of county commissioners, a public hearing date shall be scheduled
before the board of ZOOln~ appeals for a determination on the proposed waiver.
The applicant shall notify, by certified mail, the owners or representatives of
the subject school,, child care centsr, public library, church, public park or
public playground, of the application at least 15 days prior to the public
hearing;, and evidence of such notification shall be supplied to the p}snnln~
services director.
Exemptions from distance requirement. The following uses shall be exempted
from the requirements of section 2.6.10.
Supp. BIo. 9 LDC2:186
ZONING 2.6.11.2.4
2.6.10.4.1.
Any restaurant deriving at least 51 percent of its gross revenue from the sale
of food and nonalcoholic beverages.
2.6.10.4.2. Any motel and/or hotel with 100 or more guestrooms.
2.6.10.4.3. Any private club, golf club, country club, civic or fraternal club may serve
alcoholic beverages for consumption on-premises when such service is inciden-
tal to the main use and for the exclusive use of the members, tenants and/or
guests of the facility.
2.6.10.5. Statement of gross receipts. Any owner or operator of an establishment
approved under this section to sell any alcoholic beverages for consumption
on-pr~.mises shall upon written demand of the planning services director, make
or cause to be made under oath a statement itemizing what percentage of his
gross receipts are from the sale of alcoholic beverages.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 99-46, § 3.D.) Code reference--Alcoholic beverages, ch. 6.
See. 2.6.11. Fence~
2.6.11.1.
2.6.11.2.
2.6.11.2.1.
2.6.11.2.2.
2.6.11.2.3.
2.6.11.2.4.
Fences in residential districts. Fences or woll~ shall be allowed in all zoning
districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5.
Residential districts. For the purposes of this section, residential districts shall
include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residen-
tial multiple-family; RT residential tourist; VR village residential; MH mobile
home; TrRVC travel trailer-recreational vehicle park campground; and reei-
dential increments of PUD residential planned unit development districts.
Fences and walls placed within required yards shall be subject to the following.
Fences or wolh on all lots greater than one acre in area may reach a mA~imllm
height of six feet.
For non-waterfront interior lots one acre or less in area, fences or walls may
reach a maximum height of six feet for side and rear yards, but are limited to
four feet within the req~ front yard.
For waterfront lots one acre or less in area, height limits aro as for non-
waterfront lots, but with the additional restriction that fences or walls within
the required rear yard are limited to four feet.
For corner lots one acre or less in area, which by definition have only front
yards and side yards, fences within required front yards are limited to four feet
in height, with the exception that any portion of a front yard fence wi~.hln the
safe sight triangle described in section 3.2.8.3.22. of this Code is restricted to
three feet in height. (Two sides of this triangle extend 30 feet along the
Supp. No. 13 LDC2:187
2.6.11.2.4
COLI,rE, R COUNTY LAND DEVELOPMENT CODE
2.6.11.2.5.
2.6.11.3.
2.6.11.4.
2.6.11.4.1.
2.6.11.4.2.
property lines from the point where the right-of-way lines meet, and' the third'
side is a line connecting the other two.) Fences within required side yards may
reach six feet in height.
Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences
shall be prohibited, except that the beard of zoning appeals may allow the use
of barbed wire in conjunction with chRinllnlr fencing for fa 'cdities where a
security hazard may exist, such as a utility substation, sewage treatment
plant, or similar use.
Agricultural dtstr/cts. For the purposes of this section, agricultural districts
shall include: A agricultural; E estates; and CON conservation districts. Fences
and walls within agricultural districts shall be exempt from height and type of
construction requirements.
Commercial and industrial distr~ts. For the purposes Of this section, Commer-
cial and industrial districts shall include: ClYr, C-2, C-3, .C-4 and C-5
commercial districts; I, industrial district; and P, public use district; and
commercial and industrial tracts or increments of PUD, planned Ullit devel-
opment districts. Ail fences or wAil~ in commercial zoning districts, and all
fences and wAliR in industrially zoned parcels where such fences abut arterial
or collector reads, must also comply with the provisions of sections 2.8.3.3.3.1,
2.8.4.2.3.1. and 2.4.7.4. of this Code. Unless otherwise provided, all commercial
and industrially designated lands in PUDs, planned unit developments shall
comply with these previm'ons.
Fences or wzll~ in commercial and industrial districts shall be limited to eight
feet in height.
Walls and fences required contiguous or opposite residentially zoned districts.
Whenever a nonresidenti~! development lies contiguous to or opposite a
residentially zoned district, said nonresidential development shall provide a
masonry wall or prefabricated concrete wall/fence. If located on a contiguous
property, the wallffence shall be a minimum of six feet and a mA~mum Of eight
feet in height and shall be located a minimum of six feet from the residentially
zoned district. If on a property opposite a residentially zoned district but
fronting on a local street, or the properties are separated by a platted aney, the
w/~ll/fence shall b~ locatod a mlnlmuln of three feot from the real- of
right-of-way landscape buffer line and shall be four feet in height. On
properties which front on more than one street, a six-foot high wall/fence shall
be required along the street which is opposite the primary ingress and egress
point of the project along the street frontage which is adjacent to the rear of the
project.
At the applicants' request, the p]~nnlng services director may determine that
a masonry wall/fence is not warranted, particularly where the local street lies
Supp. No. 13 LDC2:188
ZONING 2.6.11.5.3
2.6.11.5.
2.6.11.5.1.
2.6.11.5.2.
2.6.11.5.3.
contiguous to the rear of a residenc~ or some other physical separation exists
between the residential development and the nonresidential development, or
for other good cause including the existence of a wall on an adjacent residential
development. The applicant shall demonstrate that the intent of t. hiR section
can be effectively accomplished, without constructing a wall, by submitting for
the approval an alternative design, and a descriptive narrative through the
ad~iniRtrafive variance process set forth in subsection 2.6.11.5.7. of this Code.
The p]annln~ services director will review the submitted doo~ments for
coo~i~;ency with the intent of thi~ section and, if the administrative variance
is approved the fact of the approval and basis for it shall be stated in the site
development plan approval letter.
Vegetative plantings shall be located external to the wall/fence such that 50
percent of the wallffence is screened within one year of the installation of said
vegetative material. An irrigation system shall be installed to insure the
continued viability of the vegetative screen.
These regulations shall not be construed to require a masonry wall/fence for
commercial development fronting on an arterial or collector roadway where the
oppoe/te side of such roadway is zoned residential or to be otherwise inconsie~
tent with the provisions of sect/on 2.8.2 of this Code.
A wallffence shall be constructed following site plan approval but prior to any
vertital construction or any other type of improvement resulting from the
issuance of a building permit. Special drc~mstances may warrant constructing
the wallffence in phases depending upon the location of affected residential
areas and after vertical construction commences.
A//d/str/~ts. Whenever a property owner elects to erect a chain llnk fence
put, ant to the provisions of section 2.6.11 adjacent to an arterial/collector
road in the urban coastal area said fence shall not be located nearer than three
feet to the right-of-way/property line, and said fence shall be screened from
view by planting a vegetative hedge a wlnlmnm of 30 inches ill height at
planting spaced at a distance that will achieve an opacity rsting of 80 percent
wltl~ one year of planting. An irrigation system shall be installed to insure
the continued viability of the vegetative hedge as a visual screen of the chain
link gence. This regulation shah not apply to single family home~.
All f~mces and walls shall be of sound construction and shall not detract from
the public health, safety and welfare of the general public.
All gmce~ and wolls shall be maintained in a manner that win not detract f~m
the ~eighborhood or community.
Barb~ wire is authorized within agricultural, commercial and industrial
Supp. No. 13 LDC2:188.1
2.6.11.5.3 COIJ,IER COUNTY LAND DEVELOPMENT CODE
2.6.11.5.4.
2.6.11.5.5.
2.6.11.5.6.
2.6.11.5.7.
2.6.11.5.8.
2.6.11.6.
2.6.11.6.1.
2.6.11.6.2.
2.6.11.6.3.
districts. Razor or concertina wire is not permitted except in the 6ase of ~
institution whose purpose it is to incarcerate individuals, i.e., a jarl or
penitentiary, or by appeal to the board of ZOning appeals.
No fence or wall within any district shall block the view of passing motorists or
pedestrinns so as to constitute a hazard.
Fences and walls shall be constructed of conventional building materials such
as, but not limited to concrete block, brick, wood, decorative iron or steel, and
chain llnir,
Fences and walls shall be constructed to present the finished side of the fence
or wall to the adjoining lot or any abutting right-of-way. Where due to the
presence of an existing fence or wall or continuous landscape hedge on the
adjoining parcel, this provision may be administratively waived where said
request has been requested in writing.
When determined to be beneficial to the health, safety, and Welfare of the
public, the plnnnlng services director may approve an administrative variance
fi~m height limitations offences and wslls in all districts provided that at least
one health, safety, or welfare standard peculiar to the property is identified,
and that such approval does not set an unwanted precedent by addressing a
generic problem more properly corrected by an amendment to this Code.
Existing ground levels shall not be altered for the purpose of increasing the
height of a proposed wall or fence except as provided for within section
2.6.11.5.7 and division 2.4.
Fence height measurement for all districts. The height of a fence or wall located
outside of the building line shall be measured from the ground level at the
fence location. However, if the development services d/rector determines that
ground levels have been altered so as to provide for a higher fence, the
development services director shall determine the ground level for the pur-
poses of measuring the fence height. In determining whether the ground level
has been altered for the purposes of increasing the height of the fence, the
development services director may consider, but is not limited to consideration
of, the following facts:
General ground elevation of the entire lot.
In the case of a lot with varying ground elevations, the average elevation over
the length of the fence, and at points in the vicinity of the fence.
The ground elevation on both sides of the fence. In measuring the fence height,
the ground elevation on the side of the fence location that is at the lowest
elevation shall be used as a point from which the fence height is to be
measured.
Supp. No. ~3 LDC2:188.2
ZONING § 2.6.15
2.6.11.6.4. Fences or walls shall be permitted principal uses; however a fence or wall shall
not, in any way, constitute a use or structure, which permits, requires and/or
provides for any accessory uses and/or structures.
(Ord. No. 92-73, § 2; Ord. No. 94-27, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, § 3.D.; Ord. No.
02-3, § 3.E.)
Sec. 2.6.12. Boats or other floating equipment used as dwelling units.
Boats or other floating equipment being used as dwe11ing nnits or as commercial establish-
ments may not anchor or tie up in waters under the jurisdiction of the county for longer than
48 hours, except at facilities located in zoning districts permitting such use and at facilities
within such districts designated for such use and meeting county and state health standards
for such use.
Sec. 2.6.13. Miscellaneous structures.
School bus shelters, bicycle racks, bus stop benches, telephone booths, msflbexes, newspaper
boxes, and delivery boxes shah be permitted in any district. No advertising sign shall be
permitted on any such structure. Locations and setbacks of school bus shelters shall be
approved by the school board of Collier County. Mail, newspaper and other delivery boxes shall
be placed in accordRnce with U.S. Postal Service regulations. All such structures are exempt
from district setbacks.
Sec. 2.6.14. Guesthouse.
No guest accommodation facility in a single-fAmily residential district, whether a freestanding
guesthouse or guest accommodations which are structurally integrated with the main
dwelling, may be utilized for commercial purposes. Leasing or renting a guest accommodation
facility shall constitute a violation of thiA zoning code. Similarly, if a main residence is leased
or rented, a guest accommodation facility accessory to it may not be occupied by the property
owner, since that would constitute the nnlawfal utilization of single-fRmily zoned property for
two-~mily dwelling purposes. Guesthouses shall not be constructed on lots which are smaller
than 43,560 square feet in area, nor sbol! they be constructed on lots which have a frontage
less than 105 feet in width, nor shall the living area of a guesthouse be larger than 40 percent
of the air conditioned, enclosed living area (excluding garages, carports, patios, porches, utility
areas, and the like) of the principal dwelling. Detached guesthouees sh~!! not be closer thon 20
feet to the principal dw~lllng. A guesthouse may be constructed prior to a principal dwelli~,
provided the gnesthouse meets the minimum requirements of a single-fAmily residence in the
district in which it is being constructed. At such time as a principal residence is constructed,
then the floor area percentages listed above shall apply.
(Ord. No. 92-73, § 2)
Sec. 2~.1§. Solid waste disposal
Pursuant to Ordinance No. 90-30, as Amended. Solid waste disposal shall be required in the
form of bnlk container service (garbage dumpsters and/or compactors) for all commercial
establishments and mulfi-f~mily projects not receiving curbside pickup. Solid waste disposal
shall be required in the form of curbside pickup for all other housing types.
Supp. No. 1~ LDC2:188.3
2.6.15.1.
2.6.15.1.1.
2.6.15.1.2.
2.6.15.1.3.
2.6.15.2.
2.6.15.3.
ZONING 2.6.15.3
Screening. An trash or recycle receptacles' shall be located so as to' be easily
accessible to the residents and the' solid waste hauler and shall be screened on
at least three sides to prevent visibility of contRiners by neighboring property
owners and from adjacent streets at the first floor level, except as provided for
in section 2.6.15.1.3. Enclosures shall have minimum internal dimensions of
12 feet by 12 feet square. If equipped with gates, the clear opening dimension
shall be a minimum of 12 feet and the gates must be equipped with a device to
hold them open.
The following structures may be used for screening as required above:
a. Wood fence.
b. Concrete block and stucco wall, brick wall, masonry wall, or wal~ of
similar material.
Vegetative screening in conjunction with section 2.6.15.2.1. or section
2.6.15.2.2. above.
Screening, as required above, shall be exempt from height limitations for
fences provided there is no obstruction of vision of adjacent streets.
Screening of bnlk containers (garbage dumpsters) may be exempted in:
Industrial districts (I) if the dnmpsters are located greater than 200 feet from
residentially zones or used property and are not located within front yards;
rural agricultural districts (A) in conjunction with a bona fide agricultural use
on parcels conforming to the required mlnim~m lot size in the district; and
during construction in all other districts.
Access. The access approach to the contRiner should be s,,t~icient to/ECOmmO-
date a vehicle requiring a mlnlmnm clear width of 8 feet and minlmu~l cloa~
turning radius of 50 feet when directly accessing a public street. Contzln~rs
and enclosures shall be placed such that the accessing vehicles are not
required to maneuver in the adjacent travel lanes of any street. Provision shall
be made to allow for a forward travel path for these vehicles where possible.
When backing maneuvers are required to permit the vehicle to exit from the
dumpster, provision shall be made to provide an apron at least 8 feet wide and
50 feet in length adjacent to the container as herein illustrated.
Minimum requirements and locational restrictions. In the case of multif~mily
developments that do not receive curbs,de service pick up and choose to use
dumpster service, at least one standard size b~di~ cont-9~ iner (dumpster) per
every ten units shall be required. An such containers are subject to the
following locational restrictions.
a. Solid waste b~llr cont-,here (garbage dumpsters) shall be permitted in all
ZOning districte.
Su~. ~o. ll LDC2:189
2.6.15.3 COLLIER COUNTY LAND DEVELOPMENT CODE
2.6.15.4.
2.6.15.4.1.
bo
Solid waste bulir containers may be located within a required yard
provided they do not encroach into a required landscape area, and further,
provided that there be no blockage of the view of motorists or pedestr/snA
so as to constitute a hazard.
In the case of mnlti-faml]y developments contsinln~ more than one
structure, no solid waste bulk contslner (garbage dump/ff~) shall be
located greater than 500 feet from the structure it is intended to serve.
In the case of multi-fAmily developments that do not use curbside pickup
and that choose to use compactor service the followln~ restrictions appl~.
i. Solid waste compactors shall be permitted in all zoo!~ districts.
ii. In the case of individually owned' multi-family ,,nits (colldomlnl-
~mA), the owner may utilize a compactor instead of curbeids pickup
or d,~psters. Compactor service shall only be instituted by the
developer prior to the sale of the first unit. A change from curbeide
or all,tapster service to compactor service would require a msjority
vote by the homeowners' assodation.
ii/. In tho C~O Of multi-fsmily developments (rental units) ool~t~inln~
more than one structure, the owner may permit a compactor instead
of dumpsters at any ~ime.
Exceptions. The site deve,lopment review director, or his designee, may allow
the following exceptions to the above requirements.
Solid waste b,dl~ containers (dumpsters) may be substituted by individual solid
waste disposal service (unit by unit curbside pick-up) subject to the following:
In the case of individually owned multi-fzmily dwelling ,,nits (condomln-
b,ms), individual (curbside) solid waste disposal service may be substi-
tuted for the required bu!i~ containers (d~mpsters and/or compactors)
upon doo, mentation that the subject nnit or condominium association,
having been turned over from the developer to the residents, h~s voted in
the majority to eliminate the use of d~,mpsters and/or compactors in favor
of individual curbside service for all or part of particular development,
subject to acceptance by the Collier County Solid Waste Department.
Additionally, the association shall demonstrate that there is adequate
access to facilitate curbside pickup and that all individual units have an
enclosed location other than the residential structure, such as a carport
or garage, for the storage of individual solid waste containers.
In the case of'multi-family rental units the owner may utilize a compactor
instead of a dumpster at any time.
Supp. No. 11 LDC2:190
ZONING 2.6.19.1
c. In the case of a commercial use bulk solid waste disposal containers
(dumpsters) shall be used unless an alternative methodology for solid
waste pick-up is approved by the Collier County Solid Waste Department
and the waste hauler.
(Ord. No. 92-73, § 2; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 98-63, § 3.D, 6-24-98; Ord. No.
00-92, § 3.D., 12-13-00)
Code reference--Solid waste, ch. 118.
Sec. 2.6.16. Integral caretaker's residence in commercial and industrial districts.
The development services director may authorize the construction of a caretakePs residence in
the C-l/r, C-2, C-a, C-4 commercial districts and C-5 heavy commercial district; and I
industrial district subject to the following:
2.6.16.1. The residence shall be constructed as an integral part of the principal
structure and shall be entered from within the principal structure. Exits
required to comply with fire cede shall be permitted.
2.6.16.2. The caretaker's residence shall be an accessory use and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the principal structure.
2.6.16.3. Off-street parking shall be as for a single-family residence in accordance with
division 2.3.
2.6.16.4. Any other requirement which the development services director determines
necessary and appropriate to mitigate adverse impacts of such use in the
Sec. 2.6.17. Condominiums.
This zoning code shall be construed and applied with reference to the nature of the use of such
property without regard to the form of ownership. Condomluium forms of ownership shall be
subject to this Code as is any other form of ownership. Condomlni~ms of any kind, type or use
shall comply with the provisions ofF. S. ch. 718, as amended, known as the "Condomlnlnm Act."
Sec. 2.6.18. Deed restrictions.
This zoning code shall not be affected by any deed restrictions or restrictive covenants recorded
with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing
and administering t. hi~ Code, shall be responsible for enforcing any deed restrictions.
Sec. 2.6.19. Relation to state and federal statutes.
2.6.19.1. Required state and/or federal permits. Where proposed use or development
requires state or federal development orders or permits prior to use or
Supp. No. 11 LDC2:191
2.6.19.1 COLLIER COUNTY LAND DEVELOPMENT CODE
development, such development orders or permits mUSt be secured'frmn state
or federal agencies prior to commencement of any construction and/or devel-
opment, includl-g any changes in land configuration and land preparation.
2.6.19.2. Development of regional impact. Where a proposed use or development is a
development of regional impact (DRI), it shol! meet all of the req~rements of
F.S. ch. 380, as amended, prior to the issuauce of any required county
development orders or permits and commencement of construction or devel-
opment. Submission of the application for development approval (ADA) for a
DRI shall be simultaneous with the submission of any reZOnln~ a~!d/Or
conditional use application or other land use related petition required by this
Cede to allow for concurrent reviews and public hearings before both the
p]snning commission and board of county commissioners of the ADA,and
rezone and/or conditional use applications. The DRI and rezone and/or
conditional use shall be approved prior to the issuance of any required county
development orders or permits and commencement of construction or devel-
opment.
(Ord. No. 92-73, § 2)
Sec. 2.6~0. Home occupations.
2.6.20.1. In any zoning district which permits residential dwellln,~s as a permitted use,
home occupations shall be allowed and they shall be conducted by an oecupant
thereof. The home occupation shall be clearly incidental to and secondary to
the use of the dwellin~ for dwelling purposes and shall not eh, ~n~e the
character thereof; provided that all the following conditions are met:
2.6.20.1.1. There shall be no on-site or off-site premi~ advertising signs.
2.6.20.1.2. The use does not generate more traffic than would normally be experienced at
a residence. Traveling to and from the residence by employees of the business
operated therefrom, who are not residin~ at the subject address, as well as by
customers or clients of the home occupations, is prohibited. The utille~tion of
a residence as a place where employees or customers of the bUSiness operated
as a home occupation meet in preparation for travel to some other destination
and any parking of vehicles associated with thi~ activity is prohibited.
There shall be no receiving of goods or materials other than normal delivery by
U.S. Postal Service or slmil~' carrier.
Parking or storage of commercial vehicles or equipment as prohibited by
section 2.6.7.3.
The on-premise use of any equipment or materials, by their nature, shall not
create or produce excessive noise, obnoxioUS fumes, dust or smoke.
The on-premise use of any equipment or tools shall not create any -mount of
vibration or electrical disturbance.
2.6.20.1.3.
2.6.20.1.4.
2.6.20.1.5.
2.6.20.1.6.
Supp. No. 11 LDC2:192
ZONING 2-6~21-i'1
2.6.20.1.7.
2.6.20.1.8.
2.6.20.1.9.
2.6.20.2.
2.6.20.3.
No on-premise use or storage of any hazardous material shall be kept in such
an Amount as to be potentially dangerous to persons or property outside the
con6nes of the home occupation.
There shall be no retail sale of materials, goods or products from the promises.
There shall be no outside storage of goods or products, except plants, in which
case no more than 50 percent of the total square footage of the lot may be used
for plant sWrage.
Any home occupation that is found to have violated any provision of this
section shall be discontinued upon receipt of notice by the owner or occupant
from the development services director. Failure to comply with said notice
shall constitute a violation of this Code, and each day the use continues shall
be considered a separate offense.
Home occupations existing prior to the effective date of Collier County
OrdinAnce No. 82-2 [January 14, 1982] and found not to comply with the
provisions of this Code shall be deemed a violation and shall be either
discontinued or shall meet the provisions imposed by this section.
2.6.20.4. A home occupation shall be subject to all applicable county occupational
licenses and other business taxes.
(Ord. NO. 92-'/3, § 2; Ord. No. 95-31, § 3)
Sec. 2.6-~1.
2.6.21.1.
2.6.21.1.1.
or multiple private docks, including mooring pilings, davits, lifts
are permitted to serve waterfront property as described in division
6.3 provided such docks do not protrude moro th~n the respective
lin subsections 2.6.21.2, and 2.6.21.3. ofthls Code
for such r or waterbody. Docks and the like are primarily intended to
~ moored vessels and provide safe access for routine m~inte-
while minimally impacting navigation within any adjacent
the use of the waterway, the use of neighbo~_ng docir~, the
manatees, and the view of the waterway by the
owner~.
as well as extensions of dock facilities are
line, bulkhead line, shoreline, seawall, rip-rap
er mean high water (MHW) line, whichever is
exception: On mAnmade waterways less
the actual waterway has receded from the
the pl~nnlng services director may approve
, measurement of the protrusion from the
existing MHW line, provided 1) a signed, sealed survey no moro than ~0
days old is provided showin~ the location of the MI-1W line on either side of the
nance and
navigable
native marine
neighboring
Permitted dock
measured from the
line, control elevation
most restrictive, with the
than 100 feet in width,
platted waterfront property
an administrative variance
Supp. No. 13
LDC2:192.1
ZONING § 2.6.28.1
lier County. Such instrument shall be binding upon the owner, developer,
his successors, and assigns, and shall constitute a covenant r~nnln~ with
the land, and be in recordable form.
2.6.27.4.6. Additional reduction to development standards for common architectural
theme projects. Additional reduction to the development standards provided at
sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be aPProved by the
Collier County planning commission for projects defined as common architec-
tural theme projects. In determining whether or not a project qua!!6es as a
common architectural theme project the board of commissioners shall deter-
mine that all of the following design features are incorporated into the project:
1. The architectural style of the dwelling unite/structures shall be similar in
design and in the use of materials and color.
2. The residential project shall have a signature entranceway which serves
to identify the development as having a common architectural thorne. The
entranceway design and improvement elements shall include some or all
of the following: the use of landscape materials, gated structure, water
features, sculpture and ornamental pavement surfaces.
3. Street materials, signage, [and] lighting shall be complementary and the
some throughout the project's accessways.
(Ord. No. 92-73, § 2)
Sec. 2.6-~8. Automobile service stations.
The following regulations apply to the location, layout, drainage, operation, fencing, landscal~
ing, parirln~, architectural features, and permitted sales and service activities of automobile
service stations which include convenience grocery steres sellin~ motor fuels:
Purpose and intent. The purpose ofthls section is to ensure that automobile service stations do
not adversely impact adjacent land uses, especially residential land uses. The high levels of
traffic, glare, and intensity of use associated with service stations, particularly those open 24
hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in
the interest of protecting the health, safety and general welfare of the public, the following
regulations shall apply to the location, layout, drainage, operation, landscaping, parking and
permitted sales and service activities of automobile service stations:
2.6.28.1.
Locational and site standards. Ail automobile service stations shall meet the
following criteria:
1. Minimum frontage: An automobile service station shall not be located on
a lot with less than 150 feet of frontage on a vehicular right-of-way.
2. Minimum depth: 180 feet.
3. Minimum lot or parcel area: 30,000 square feet.
Supp. No. s LDC2:201
§ 2.6.28.1 COLLIER COUNTY LAND DEVELOPMENT CODE
Separation requirements: There shall be a mlnlm~m distance Of 500 feet,
shortest airline measurement, between the nearest points on any lot or.
parcel of land to be occupied by automobile service stations, and any lot or
parcel which is already occupied by an automobile service station, or for
which a building permit has been issued.
Minimum yard requirements: All structures.
(a) Front yard setback: 50 feet.
(b) Side yard setback: 40 feet.
(c) Rear yard setback: 40 feet.
Parking requirements: As required by Division 2.3 Off-Street Parl~ing and
Loedin~
Architectural design: As required by Division 2.8 Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects.
Landscaping: The following landscape requirements are in addition to the
requirements of Division 2.4 Landscaping and Buffering.
a. Required landscaping adjacent to property boundaries:
(1) Right-of-way buffer landscapin~
(a) Landscaping adjacent to rights-of-way external to the
development project shall be located within a landscape
buffer easement which is a minimum of 25 feet in width.
Water management swales shall not be located within
these buffer areas, however, water management facilities
such as underground piping shall be permitted.
(b) An undulating berm with a maximum slope of 3:l shah be
constructed slon~ the entire length of the landscape
buffer. The berm sh_~]! be constructed and maintained at a
minimum average height of three feet. The berm shall be
planted with ground cover (other than grass), shrubs,
hedgss, trees and pAlm~.
(c) The required trees and pA]m~ shall be clustered in double
rows with a mln~m,,m of three trees per cluster. Canopy
trees shall be planted a maximum of 20 feet on center
within a cluster. The use of ps]m~ with~ the right-of-way
buffer shall be ]~m~ted to landscaped areas adjacent to
vehicular access points, ps]m~ shall be planted in stag-
gered heights, a m~mum of three p~; per cluster,
spaced at a m~mnm of eight feet on center, with a
mi~m,m of a four foot d~fference in height between each
tree. Exceptions will be made for Reystonea spp. and
Phoeni- spp. (not including roebelenii) which may be
Supp. No. 8 LDC2:202
ZONING § 2.6.28.1
(2)
planted one pol'~ per cluster. A n'tl~,l, lm~,m distiul~.~ of 9.5
feet between all types of tree clusters shall be mnint~ined
(See Illustration 1).
(d) All of the trees shall be a minimum of 14 feet in height at
the time of installation. Trees shall have a mlnlm~m of a
3¥2 inch caliper at 12 inches above the ~round and a
six-foot spread. At installation, shrubs shall be a mini-
mum of ten gallon, five feet in height, with a three-foot
spread, planted four feet on center.
Landscapin~ adjacent to all other property lines:
(a) Side property boundaries (other than those adjacent to
right,f-ways) shall be planted with single row hedges
consistent with the mlnlmnm requirement~ of Division
2.4, Landscapin~ and Buffering.
(b) Rear property boundaries (other than those adjacent to
road rights-of-way) shall be planted with a single row
hedge. The hedge shall be a minimum height of four feet
at planting, planted at three feet on center and shall be
maintained at a height of five feet.
Supp. No. 8
LDC2:203
§ 2.6.28.1 COLLIER COUN'FY LAND DEVELOPMENT CODE
(3)
Curbing: Curbing shall be installed and constructed,
consistent with minimum code requirements, between all
paved areas and landscape areas.
9. Perimeter walls: Automobile service station sites shall be separated from
adjacent residentially zoned or residentially developed properties by an
architecturally designed six-foot high masonry wall or fence u~ili~ing
materials similar in color, module and texture to those utilized for the
building. Landscaping shall be planted on the residential side of the fence
or wall.
10. Lighting:
a. All lighting fa 'culities shall be directed away from adjoining proper-
b. On site ]nmln~wies shall be of low level, indirect diffuse type and
shall not exceed a height of greater than 20 feet above ~inished
grade.
Supp. No. 8 LDC2:204
ZONING § 2.6.28.2
c. Lighting located underneath a canopy shall be of low level, indirect
diffuse type designed to provide light only to the pump island areas
located underneath said canopy.
11. Rest ~ooms: All rest rooms shall be located inside or to the side or rear of
the building.
12. Sijno~e: As required by Division 2.5, Signage.
13. T~sh storage: As required by Section 2.6.15, a six foot high enclosed trash
area to be integrated with the design of the service station shall be
provided.
14. Stornge tanls: Storage tanks shall be located below grade.
15. Outsid~ dispk~y of products: There shall be no outside displays of
products, stacking of tires or other merchandise.
16. Entrance and exit: No automobile s~rvice station shall have an entrance
or exit for vehicles within 200 feet along the same side of a street as a
school, public playground, child care center, church, hospital, public
library, or any institution for dependents or for children, except where
such property is in another block.
17. Building colors and color banding on canopy structures: Color accent
banding on gasoline canopy structures and all other structures is prohib-
ited. Canopies shall be of one color, consistent with the predominant color
of the principal structure, if applicable. The color of all structures on site
shall be of soft earth tones or pastels.
18. Infrastructure for generators: Each automobile service station shah
provide the necessary infrastructll~ and pre-wiring in order to provide
the capabilities for generator service in case of emergencies.
2.6.28.2
Exceptions.
1. Locational and site standards in accordance with subsection 2.6.28.1.(1)(5),
shah not apply to, nor render non-conformln~, any existing automobile
service station or any automobile service station within a Planned Unit
Development (PUD) in which a specific architectural rendering and site
plan was approved as part of a rezoning action prior to the effective date
of this Amendment.
2. However, existing automobile service stations which may otherwise be
rendered nonconforming by the provisions of subsection 2.6.28.1. (6)(18),
or any other applicable standard, except for automobile service stations
within a PUD as described above, shall comply with applicable subsec-
tions of Division 1.8, Nonconformities.
Supp. No. 9 LDC2:204.1
§ 2.6.28.3 COLLIER COUNTY LAND DEVELOPMENT CODE
2.6.28.3
Operational Standards. In addition to the retail dispenSing of automobile fuels
and oil, only the following services may be rendered and sales made except as
indicated:
1. Sales and servicing of spark plugs, batteries, distributors and distributor
parts.
2. Sales, mounting, balancing and repair of tires and wheel alignments, but
not recapping of tires.
3. Sales and replacement of water hoses, fan belts, brake fluid, lightbulbs,
fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock
absorbers, mirrors, exhaust systems, and the like.
4. Provision of water, antifreeze, flushing of the cooling system, air condi-
tioning recharge, and the like.
5. Providing and repairiv4~ fuel pumps and lines.
6. Minor motor adjustments not involving removal of the head'or crankcase.
7. Greasing and lubrication.
8. Sales of cold drln]~, candies, tobacco and similar convenience goods for
service station customers, but strictly and only as accessory and inciden-
tal to the principal business operation.
9. Provision of road maps and other information.
10. No mechanical work shall be allowed outside of the enclosed aroas.
11. Oil drainage pits or appliances for such purpose or repair purposes shall
be located within a wholly enclosed building.
12. Uses permiesible at an automobile service station do not include major
mechanical and body work, s~raighteoiog of f~amas or body parts, ete~m
cleaning, pointing, welding, storage of automobiles (except as expro~ly
permitted in paragraph 13. below), commercial garage as all accessory
use, or other work involving undue noise, glare, fi~mes, smoke or other
characteristics to an extent greater than normally found in such stations.
An automobile service station is not a facility for the sale of automobile
vehicles, a repair garage, a body shop, or a truckstop.
13. The temporary storage of vehicles shall be permitted if the vehicles are to
be serviced at the service station or ffthe vehicles have been towed by the
service station and are being held for servicing, for an insuranco company
or for salvage. Any such vehicle(s), other than those vehicles serviced
daily, shall be stored within an area surrounded by an opaque fence not
less than six feet high. Said vehicles shall not be stored longer than 60
14. Washing and polishing of automobiles and sale of automobile washing
and polishing materials, but this only allows auto detailing as an
Supp. No. 9
LDC2:204.2
ZONING § 2.6.28.4.1
2.6.28.4.
2.6.28.4.1.
accessory use, but this provision does 'not allow carwashes except in those
ZOning districts where a carwash is a permitted use; and where such
carwashes shall be subject to criteria specified in the zoning district.
Waiver of distance requirements. The board of zoning appeals may, by resolu-
tion, grant a waiver of part or all of the ~inlmum separation requirements set
forth in section 2.6.28. if it is demonstrated by the applicant and determined by
the board of zoning appeals that the site proposed for development of an
automobile service station is separated from another automobile service
station by natural or men-made boundaries, structures or other features which
offset or limit the necessity for such minlmuln distance requirements. The
board of zoning appeals decision to waive part or all of the distance require-
ments shall be based upon the following factors:
1. Whether or not the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed establishment and
an e~i~ting automobile service station is determined by the beard to
lessen the impact of the propesed service station. Such boundary, struc-
ture or other feature may include, but not be limited to, lakes, marshes,
nondevelopable wetlands, designated preserve areas, c~__~!s and a
im,,m of a four-lane arterial or collector right-of-way.
2. Whether or not the automobile service station is only engaged in the
servicing of automobiles during regular, daytime business hours, or if in
addition to or in lieu of servicing, the station sells food, gasoline and other
convenience items during daytime, nightt/me, or on a 24-hour basis.
3. Whether or not the service station is located within a shopping center
primarily accessed by a driveway, or flit fronts on and is accessed directly
from a platted road right-of-way.
4. Whether or not the granting of the distance waiver will have an adverse
impact on adjacent !~nd uses, especially residential land uses.
Waiver request submittal requirements. The request for an automobile service
station waiver shah be based on the submittal of the required application, a
site plan, and a written market study analysis which justifies a need for the
additional automobile service station in the desired location. The site plan
sh~ll indicate the following..
1. The dimensions of the subject property.
2. All vehicular points of ingress and egress.
3. Compliance with all requirements of this code including the location of
the structures on site, landscaping, off-street parking, site circulation,
architectural design guidelines, and signage.
4. All proposed buffer areas.
Supp. So. 9 LDC2:204.3
§ 2.6.32
COLLIER COUNTY LAND DEVELOPMENT CODE
Sec. 2.6~32. Open space requirements in all zoning district&
2.6.32.1. I/sable open space requirements. Usable open space shall include active and .
passive recreation areas such as playgrounds, golf courses, beach frontage,
waterways, lagoons, floodp]nlns, nature trails, and other slml]ar open spaces.
Open space areas shall also include those areas set aside for presi~vation of
native vegetation and landscaped areas. Open water area beyond the perim-
eter of the site, street rights,f-way, driveways, off-street parking areas, and
off-street loading areas shall not be counted in determining usable open space.
2.6.32.2. Residential developments. In residential developments, at least 60 percent of
the gross area shall be devoted to usable open space. This requirement shall
not apply to individual single-f~mily lots less than 2.5 acres in size.
2.6.32.3. Commercial, industrial and mixed use developments. In developments of
commercial, industrial and mixed use including residential, at least 30 percent
of the gross area shall be devoted to usable open space. This requirement
not apply to individual parcels less than five acres in size.
(Ord. No. 92-73, § 2)
Se~ 2.6~3. Temporary use permit~
2.6.33.1. Purpose and intent. Based upon the nature of some uses, their impact on
adjacent uses, their compatibility with surrounding properties, and the length
of time a use is intended to function, there is an identified need to allow certain
temporary uses within a development site, and to provide for other types of
temporary uses such as special events, sales and promotions. It is the intent of
this section to classify temporary uses and to provide for their permitting.
2.6.33.2. Genera/. The plnnning services director, or his designee, may grant a tempo-
rary use permit for requests that demonstrate compliance with the intent of
section 2.6.33. Approvals for such requests shall be based upon, but not llmlted
to, the applicant's description of the temporary use, the intended duration of
the use, hours of operation and the impacts of the proposed temporary use on
adjacent properties. All applications for a temporary use permit shall include
a conceptual site plan or a site development plan (SDP) as provided for within
this section. The appropriate required plan and temporary use permit appli-
cation shall be submitted and approved prior to or simultaneously with the
submission of a bufldlng permit application, ff required.
2.6.33.3. Temporary construction and development permits. During the construction of
any development for which at least a prelimlnRry development order has been
granted, as required below, the developer may request a temporary use permit
for the below-lieted activities. The temporary use permit shall be granted
initially for a period not to exceed 24 months in duration and may be renewed
nnnually based upon demonstration of need and payment of fee. A request for
Su~. No. 13 LDC2:208
2.6.33.4.
2.6.33.4.1.
ZONING 2.6'.33.4.'1'
renewal shall be submitted to the planning services director in writing 30 days
prior to the expiration of the temporary use permit. Temporary construction
and development permits shall be allowed for the following uses:
1. Temporary offices to be used for construction, and admlniRtrative func-
tions within the development.
2. Temporary ac)miniRtrative offices to be used in conjunction with a bona
fide agricultural use in the agricultural zoning district when located in
the area designated agricultural on the future land use map of the future
land use element of the Collier County growth management plan...
3. Temporary classrooms on the site for existing nonprofit orgAni=ations,
used to continue exis~,g classroom activities, and in conjunction with. an
approved development order; permits for such classrooms will be issued
in conjunction with an approved site improvement plan. "
4. On-site storage of equipment and construction materials for use on the
development site only.
5. On-site mobile home used as a temporary office or storage facility for
persons engaged in the development of the site.
6. On-site mobile radio and television equipment and antennae.
7. On-site mobile home for the use of a watchman or caretaker only.
8. On-site temporary use of structures and equipment for the buildlnE of
roads, public utilities, and government projects.
9. Off-site temporary paring on property which is located contiguous to the
subject development, or would be contiguous except for a roadway that is
not designated as a collector or arterial in the traffic circulation element
of the growth management plan, with the written authorization of the
10. Other on-site uses similar to the foregoing uses and determined by the
plonnln~ services director to meet the intent of section 2.6.33.2.
Proposed temlx~rary structures identified above require the submission of a
conceptual site plan that addresses the requirements of section 2.6.33.2.
Mode/homes and model sa/es centers.
Model homes and model sales centers shall be of a temporary nature and may
be allowed in any residential zoning district or residential component of a
PUD, in the estates zonln~ district, and in the agricultural ZOnln~ district as
part of a rural subdivision, by the issuance of a temporary use permit; however,
a model center as a permitted use within a PUD, and not located wi~.hln a
dw~.lllng nnit, or a temporary structure such as a trailer, shall not require a
temporary use permit. Model homes and model sales centers are intended to
Supp. l~o. 13 LDC2:208.1
2.6.33.4.1 COLI.IER COUNTY LAND DEVELOPMENT CODE
facilitate the sale of the model design, or of products similar in design to the
model. Model homes and model sales centers located within residential zoning
districts, or within a residential component of a PUD shall be restricted to the
promotion of a product or products permitted within the residential zoning
district or PUD in which the model home or model sales center is located and
farther subject to the fonowln~
Model homes shall only be permitted for dwellings that have not been
previously used as a residence.
A model home or model sales center is not intended to allow the full scope
of real estate activities and shall be restricted primarily to the sale and
marketing of the model, or products similar to the model. A model home
shall not include offices for builders, contractors, developers, or simil~Lr
activities.
Model homes may be "wet" or "dry." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of the
structure as a model only provided all required infrastructure is in place
to service the onit. Model homes permitted as "wet" models (occupied by
a sales office and/or representative) shall not be occupied until such time
as all required infrastructure is available to service the unit and a
permanent certificate of occupancy has been issued. TrAnsportation to
and from unoccupied model homes is provided at a sales center, which
also provides required parking and handicapped accommodations in
accordance with section 2.6.33.1.11. Model homes occupied by a sales
office and/or representative must have all required landscaping, parking,
and handicapped access on site. A temporary use permit for a model home
(occupied or unoccupied) shall be issued initially for a period of three
years. Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section 2.7.4. of
this Codo.
Model sales centers may be located in either a temporary structure,
usually a mobile home, or a permanent structure which is either a
residential dwelling onlt or a non-residential structure. Temporary use
permits sh~ll be issued as follows:
a. A temporary use permit for a sales center in a temporary structure
shall be issued initially for a period of three years and may be
renewed Annually based upon demonstration of need.
b. A temporary use permit for a sales center in a permanent structure
which is a residential dwelllng 1_mit shall be issued initially for a
Supp. No. 13 LDC2:208.2
ZONING
2.6.33.4.1
Co
period of three years. Extensions in excess of this period shall
require submittal and. approval of a conditional use petition in
accordance w/th section 2.7.4. of this Code.
A temporary use permit for a sales center in a permanent structure
other than a residential dwelling ~mit shall be issued initially for a
period of three years and may be renewed annually on demonstra-
tion of need.
Temporary use permits for model homes or model sales centers to be
located within a proposed single-f~mily development prior to final plat
approval may be requested by the applicant and require: 1) edmlnist~'a-
tive approval of a plat and construction plans showing 811 required
infrastructure for the lot(s) on which the model home or model s~les
center is to be located, and 2) a site development plan (SDP) pursuant to
division 3.3, subject to the following:
(a) A m9x~im~rn of t~vo models, or a number corresponding to ten
percent of the total number of platted lots, whichever is lesser, per
platted, approved development shall be permitted prior to final plat
approval as specified above.
Supp. No. 13 LDC2:208.3
ZONING 2.6.33.4.1
(b) The applicant shall provide doc,,mentation that all required utilities
will be available to the subject site, and, where required, shall depict
such utilities in detail on the site development plan.
(c) The parcels on which the models are located must abut a privately
owned and mnintained road, temporary in nature or permanently
constructed to Collier County roadway standards.
(d) The boundaries depicted on the preliminary subdivision plat shall
be depicted on the site development plan in order to ensure
compliance with the applicable development standards in effect on
the subject property.
(e) Final lot grading and drainage conveyance shall be in conformance
with the master grading plan for the project as depicted on the
preliminary subdivision plat submittal doc~mente.
6. Temporary use permits for model units or units used for sales centers in
multi-family projects will not be issued prior to plat recordation and final
approval of the project site development plan.
7. All other temporary use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions will
be made to adequately address the requirements of section 2.6.33.1.11.
8. Temporary use permits for a model sales center within an existin~
subdivision shall require a site plan as follows: in the case of a permanent
structure which is a dwelling ~mit, a site improvement plan (SIP) per
section 3.3.8.4. of this Code; in the case of a permanent structure which
is other than a dwelling unit, a site development plan (SDP); in the case
of a temporary structure (mobile home or sales trailer), either a concep-
tual s/te plan (CSP) which addresses the requirements of section 2.6.33.1.11.,
or a site improvement plan, depending on the extent of the work required.
9. Temporary use permits for model homes to be located wi~.hlu a proposed
single-fAmily development may be approved foliowin~ admlni=trative
approval of a plat and construction drawings for all required inFrast~lc-
ture encompassing the lots on which the models are to be constru~
purs~nt to division 3.2, and a conceptual site plan which addresses the
requirements of section 2.6.33.1.11. of this Code. Unoccupied (dry) model
homes will be permitted only in conjunction with an approved SDP for a
model sales center which provides adequate pari~ing to support the
model(s).
10. Temporary use permits for occupied (wet) model homes following subdi-
vision approval shah require a conceptual site plan which addresses the
requirements of section 2.6.33.1.11. of this Code. Temporary use permits
for unoccupied model homes following subdivision approval shall require
Supp. No. 11
LDC2:209
COLLIER COUNTY LAND DEVELOPMENT CODE
2.6.33.4.1
11.
5.
6.
7.
a conceptual site plan and shall be issued only in conjunction with an
approved site development plan or site improvement plan for a model
sales center which provides adequate parking to support the model(s).
Ali model home site plans shall adequately address the foil,owing stan-
dards:
1. Traffic circulation and safety within the site as follow~:
a. All parking spaces shall be arranged in a mRnner for cony,-
nient and safe access for vehicles and pedestrians. No parkin_~
spaces shall be arranged to cause vehicles to be moved in Order
for other vehicles to enter or exit a site.
Minimum parking requirements:
a. Four parking spaces for the first model unit and one and
one-half spaces for each additional model unit (for dimensions
see section 2.3.4.12. of this Code).
b. One paved parking space for disabled persons per parking lot
shall be provided (included as part of the number of required
parking spaces) along with a paved access aisle and barrier-
free access to the unit (for dimensions, see section 2.3.20.3. of
this Code).
c. All parking spaces shall be constructed of a concrete, asphalt,
or other dustless material as may be approved by the
services director. Driveways and handicapped spaces shall be
paved.
Screening, buffering, and landscaping of the temporary use to reduce
potential impacts on adjacent properties as required in section 2.4.4
and approval by the pl~nnln..~ services director as follows:
a. One canopy tree per 30 linear feet around the perimeter of the
vehicular use areas.
b. A staggered double row of hedgss between the right-of-way and
the parking area and a single row of hedges to screen the
driveway.
c. Vehicular use areas shall be set back a mlnlm~m of ten feet
fi~m the property line.
Sanitary fac/J/t/es.
Fire protection.
Environmental impacts.
8. Stormwater management.
Supp. No. 11 LDC2:210
ZONING 2.6.33.6
2.6.33.4.2.
2.6.33.5.
2.6.33.6.
9. Any other requirements determined by the planning services direc-
tor to be necessary for the public health and safety.
(Reserved).
(Reserved.)
Temporary sa/es.
1. In the case of temporary sales, such as grand Oponln~, goin~ out of
business sales, special promotional sales, or other similar uses (exclusive
of garage sales, lawn sales and similar private home sales), the plnnnln~
services director may grant nonrenewable permits of up to 14 days
duration, such that during any calendar year the snm total of all permits
for such events for that location does not exceed 28 days. A multi-tenant
building of ten or more businesses with annual leases may utilize a
maximum of 42 days per calendar year for temporary sales. Temporary
use permits may be permitted for up to an additional four weeks when
approved by the board of county commissioners. Such special approval
shall be subject to stipulations or additional constraints deemed necse-
sary and appropriate to the request. Such stipulations or collstr~inte
deemed necessary by the board of county commissioners shall be noted as
conditions to the issuance of said permits, and the permittee shall be
required to sign a notarized agreement to said stipulations or coustrnints.
2. Temporary sales permits may, in support of the use being permitted,
include the placement of one sign, a mn~im,m of 32 square feet, or two
such signs for properties contolnln~ more than one street frontage, as
well as merchandise, temporary structures and equipment. All temporary
structures and equipment, merchandise, or placement and parking of
vehicles in conjunction with the temporary sale shall conform to the
minimum yard requirements of the district in which it is located. If the
temporary use is not discontinued upon expiration of the permit, it shall
be deemed a violation of the Land Development Code and shall be subject
to the penalties therein.
3. Temporary sales permits may be issued to the owner(s) of a commercial
establishment, or to the tenant(s) opera~g within a commercial estab-
lishment with the approval of the property owner or property manager,
provided said tenant provides documentation of a current Rnnual lease
with the property owner. Uses permitted by an approved temporary sales
permit shall be operated by the property owner or tenant(s), except as
provided for in sections 2.6.33.6.5 and 2.6.33.6.6, below.
4. Temporary sales permits shall bo restricted to those zoning districts in
which the sale of the items would normally be permitted. Further, the
sales activity permitted by the temporary use permit sho_ll be related to
Supp. No. 11 LDC2:211
2.6.33.6 COLLIER COUNTY LAND DEVELOPMENT CODE
the principal commercial activities in operation on the subject property
except as provided for in sections 2.6.33.6.5 and 2.6.33.6.6, below. The
issuance of a temporary use permit shall not be issued for undeveloped
properties.
5. The plnnning services director may issue temporary use permits for
satellite locations subject to the applicable restrictions set forth in this
section, provided the applicant currently operates a business from a
permanent approved commercial location within Collier County. Addi-
tionally, the purpose of the temporary sale shall be the same as the
principal purpose of the existing commercial business of the applicant.
6. The pl~nnlng services director may, in determinin~ a specific benefit to
the public, grant a temporary use permit to facilitate the sale of an item
or items not generally available within a specific planning community,
subject to the applicable restrictions set forth i~ this section.
7. Prior to the issuance of a temporary sales permit, a complete application,
along with a conceptual site plan, shall be submitted to p]An~ing services
director. The conceptual plan, when reviewed in conjunction with the
application, shall be of the appropriate scale and detail to adequately
describe and define:
(a) Vehicular and pedestrian trAt~c safety measures.
(b) Additional pari~/ng requirements. A mg~m,,m of ten percent of the
parking required by division 2.3 of this Code may be occupied or
otherwise rendered unusable by the placement of temporary struc-
tures, equipment, si//ns and merchandise. The mlnlm,,m required
number of handicapped pari~in~ spaces pursuant to division 2.3
shall remain available for usage.
(c) T.imlted activity hours.
(d) Watchmen, fencing, lighting.
(e) Fire protection measures.
if) S~itary facilities.
If required, a faithful performance bond to guarantee compliance
with the conditions of the permit.
8. In m~lr/ng such approval, the planning services director may stipulate
requirements, or restrictions as he deems appropriate in the case.
9. A multi-tenant building often or more businesses with annual leases may
utilize a mA~/m,,m of 42 days per calendar year for temporary sales.
Garage sales: In the case of garage sales, lawn sales and other similar
temporary sales to be held at private homes, churches and other places of
worship, comm,mity centers, or other nonprofit residentially zoned insti-
Supp. No. 11
LDC2:212
2.6.33.7.
tutions, the code enforcement director may issue one two-day Permit for
such events during each six-month period. Such permit may include the
use of temporary signs located on the property where the sale is being
held, l~mited to a m~-ir~um of two signs, no greater than four square feet
each. No signs shall be placed in any public rights-of-way. If the
temporary use is not discontinued upon expiration of the permit, it shall
be considered a violation of the Land Development Code and shall be
subject to the penalties herein.
Temporary seasonal sales. A nonrenewable five-week permit may be issued for
seasonal and holiday related temporary sales subject to the following restric-
tions.
1. Temporary use permits for seasonal sales may be issued for the following
season/holiday related items:
(a) Christmas trees.
(b) Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
(c) Pumping.
2. Temporary use permits for seasonal sales may be issued on improved or
uoimproved properties provided the applicant submits a conceptual site
plan which demonstrates that provisions will be made to adequately
address the following.
(a) Vehicular and pedestrian traffic safety measures.
(b) Adequate on-site, or additional off-site parking areas for
proved properties. A m~i,num of ten percent of the parking re-
quired by division 2.3 of this Code may be occupied or otherwise
rendered unusable by the placement of temporary structures, equip-
ment, signs and merchandise. The minimum required number of
handicapped parking spaces pursuant to division 2.3 shall remain
available for usage.
(c) T,i,-ited activity hours.
(d) Watchmen, fencing, light, lng.
(e) Fire protection measures.
(f) S~nltary facilities.
3. The applicant sho)l provide a notarized letter from the property owner or
the property manager granting permission to utilize the subject property
for the temporary seasonal sale.
4. Temporary use permits for seasonal/holiday sales may, in support of the
use being permitted, include the placement of one sign, a mo~m~,m of 32
Supp. No. 11 LDC2:213
2.6.33.7 COLLIER COUNTY LAND DEVELOPMENT CODE
2.6.33.8.
2.6.33.8.1.
2.6.33.8.2.
square feet, or two such signs for properties cont~inln~ more than one
street frontage, as well as merchandise, temporary structures and
equipment. If the temporary use is not discontinued upon expiration of
the permit, it shall be deemed a violation of the Land Development Code
and shall be subject to the penalties therein.
Permit required. A permit shall be required for the following activities t~i~ng
place, in conjunction with commercial motion picture, ~lm~ television, video or
still photography production: the use of set scenery, temporary structures or
other apparatus, special effects, or closure of public streets or accessways. This
Code shall not apply to bona fide newspaper, press aasodation, newsreel or
television news media personnel, nor to properties that have been zoned to
allow motion picture/television filming as a permitted use.
Application for permit; contents. Any person, firm, corporation, association or
governmental entity desiring to obtain a permit shall apply to the planning
services director; and said application shall include but not be limited to the
following.
1. Name, address (including local address) and telephone n,,mber of appli-
cant.
2. Proof of comprehensive general liability insurance coverage in the Amount
of at least $1,000,000.00 combined single limit, with Collier County
named as an additional insured. The applicant shall provide to the
planning services director a certificate of insurance evidendug that said
insurance is in effect and certifying that Collier County be given 30 days'
notice prior to the expiration or cancellation of the policy.
3. Special effects to be utilized, especially incendiary or explosive devices,
with proof of not less than $5,000,000.00 comprehensive general liability
insurance combined single limit with Collier County listed as additional
insured. In addition, the application shall list the person in charge
(pyrotechnician) of such spedal effects, together with his qoolifications
and license from the applicable federal and/or state agencies, and
authorization from the local fire district permitting the event.
Locations, dates and hours of filming.
The following information is required by the pl~,~nlng services director,
nnless waived:
a. A conceptual plan indicating the location of t~ilm events and parking
facilities provided.
b. Plans for construction or utilization of structures on subject site(s).
Supp. No. 11
LDC2:214
2.6.33.8.3.
2.6.33.8.4.
ZONING 2.6.33.8.4
c. Number, type and location of sanitation fadlities to be provided.
Plans for disposal of refuse and debris, and restoration of the site(s)
to its original condition.
d. A description of any lighting facilities that would be. necessary
and/or the need to disconnect any public lighting.
e. A description of any use which may encroach into environmentany
sensitive areas.
f. Approxdmate number and type of vehicles and/or equipment to be
used and any special parking requirements. The n~mber of person-
nel to be on location with the product/on.
g. Necessity for closures of public streets or sidewRllrs and for what
duration and location. "
h. An indication of any utilization of aircraflfnxed-wing,' helicopter, or
balloons at the subject sits(s).
i. List of county personnel or equipment requested, and an agreement
to pay for extraordinary services provided by Collier County.
j. Provisions for trRffic control, fire safety and security precautions.
k. If located on private property, not under the connty's ownership or
control, a written notarized agreement from the property owner to
allow the fl]mlng to OCCur on his property.
1. Additional information requested to assist Collier County in obtain-
ing future fire production.
Insurance requirements. The applicant shall main_~in in force at all times
during the permit period, a comprehensive general liability policy with I/mlts
other than those described in section 2.6.33.8.2.2 and 2.6.33.8.2.3 of this Code
as determined by the risk management director upon a review of the particular
airc~mstances involved. Said applicant shall provide to the plnnnln..~ services
director a certificate of insurance as evidenced that said insurance is in
existence and certifying that Collier County is a Dsmed insured, and that
Collier County be given 30 days' notice prior to the expiration or cancellation
of the policy. Any additional insurance requirements for 6lmlng on private
property will be at the discretion of the affected property owner.
Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, agents and employees from and against
all ClAims, Suits, actions, damages, liabilities, expenditures or causes of action
arising out of or occurring during the activities of applicant under a permit
issued hereupon in the form and manner provided by the planning services
director.
Supp. No. 11 LDC2:215
COLLIER COUNTY LAND DEVELOPMENT CODE
2.6.33.8.5
2.6.33.8.5.
2.6.33.8.6.
2.6.33.8.7.
2.6.33.8.8.
2.6.~.8.9.
2.6.33.9.
2.6.33.9.1.
Permit fee. No permit fee shall be required. Any additiOnal license or user fees
which have been estabUshed for county-owned land or facilities shall be in
effect.
Issuance of permit. Upon presentation of the completed application, proof of
insurance, payment of permit fee, surety bond or cash payment in lieu of the
bond and review by the plannk~ services director, the permit may be issued.
If the planning services director determl-es that the use of public or private
property could affect the public's use of the property, or have potential adverse
impacts on surrounding properties, then he may require that the permit
application be scheduled for a public hearin~ before the board of county
commissioners. The special ciro,mstances could include, but are not limited to,
closure of a public street or accessway; use of special effects, inclu&ir~
incendiary or explosive devices; a large production crew or crowd control; and
increased liability insurance required. The notice for the public hearing shall
be advertised in a newspaper of general circulation in the county at least one
time 15 days prior to the hearing.
Suspension ofpermit. Failure to comply with the terms and conditions of the
temporary use permit once issued shall be grounds for immediate suspension
of the perafitt~l activity until such time as the noncompliance is remedied. The
suspension shall be initially comml~iicated verbally, followed by a written
suspension order; and continued failure to comply with the terms and
conditions of the permit may result in revocation of the pernfit.
Costs for extraordinary services. The county shall recover direct costs for
ext~aordinury services rendered in connection with a production. Such costs
shall include, but not ]imlted to, charges for personnel and/or equipment
committed in support of the production which are outside the nOrmal scope of
government services. Based on the information contained in the permit
application, an estimate of these costs will be provided to the applicant prior to
issuance of this permit. The county may require prepayment of all or a portion
of these estimated costs prior to issuance of the permit. At the conclusion of the
production, actual costs below or in excess of the estimates will be refunded by
the county or paid by the applicant, respectively.
Surety bond. A surety bond in an amount to be determined by Collier County
and issued by a company authorized to issue bends in Florida or cash payment
in lieu of the bond may be required by the planning services director to provide
for cleanup and/or resWration of the subject site(s).
Temporary sports events, religious events, and community events.
In the case of sports events, religious events, community events, or other
similar events sponsored by profit, nonprofit, charitable, c/vii, or membership
organizations the p]~nnirlg services director nlsy grant nonrenewable permits
Supp. No. 11 LDC2:216
ZONING
2.6.34.3.2
2.6.33.9.2.
2.6.33.9.3.
2.6.33.9.4.
of up to two weeks' duration, such that during any calendar year the s,m total
of all permits for such events does not exceed 28 days.~~~
board ef;'~ty' com~l~; Such speaal approval snail oe suojec~ ~o
stipulations or additional constrA_ ints deemed neCessary and appropriate to the
request. Such stipulations or constraints deemed neCessary by the board of
county commissioners shall be noted as conditions to the issuance of said
permits; and the permittee shall be required to sign a notarized agreement to
said stipulations or constrRints.
Temporary permits may, in support of the use being permitted, include' the
placement of si~s, merchandise, structures and equipment, and a mobile
home as an office, but not for residency. If the temporary use is not discontin-
ued upon expiration of the permit, it shall be deemed a violation of the Land
Development Code and shall be subject to the penalties therein. ..
Temporary permits in this category shall be restricted to those zoning districts
in which the use would normally be permitted, t~-n~i~ .appeoved*~:
the ~'of county-commi~m~rs via ,a public ~ ~~
The plonning services director shall accept without fee, temporary use permit
applications for sports events, religious events, community events, or other
similar events, upon presentation of doc~_~mentation that the sponsor of the
event is a bona fide nonprofit organization and the event is intended to benefit
the community at large, a specific group of individuals, or the bona fide
nonprofit organization. Two such events per calendar year per organization are
eligible for this exemption.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3; Ord. No. 94-58, § 3; Ord. No. 95-58,
§ 3; Ord. No. 96-21, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-8, § 3.F.; Ord. No. 00-43, § 3.F.; Ord.
No. 00-92, § 3.D.; Ord. No. 02-3, § 3.E.)
Sec. 2.624. Ann-si beach events permit.
2.6.34.3.1. The owner of beach-front cowmercial hotel-resort property shall apply for an
onnual beach events permit. The planning services director, or his designee,
may grant the permit following review of an application for such permit. The
application shall be submitted on the form prescribed by Collier County
together with the applicable fee for the number of planned annual beach
events as indicated on the permit form and exhibits thereto. Permits issued
pursuant to this section are not intended to authorize any violation of F.S.
§ 370.12, or any of the provisions of the Endangered Species Act of 1973, as it
may be omended.
2.6.34.3.2. For purposes of this section, a '~each event" shall mean and refer to any social,
recreational or entertainment event (whether public or private), conducted on
the beach and satisfying one or more of the following criteria:
1. The event involves the use of alning/picnic tables and chairs, servin~
tables, or other andllary equipment typically used to serve an on-site
mP~ or
Supp. No. 13 LDC2:217