Ordinance 2003-55ORDINANCE NO. 03- 55
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICtt INCLUDES THE-
COMPREHENSIVE REGUI,ATIONS FOR '1'i I I~.i ~
UNINCORPORATED AREA OF COi,i,IER COUNTY}
FI,ORIDA, BY PROVIDING FOR: SECTION ONE}-
RECITALS; SECTION TWO, FINDINGS OF FACT[~
SECTION THREE, ADOPTION OF AMENDMENTS TO~i
THE LAND DEVELOPMENT CODE, MORI~-~5
SPECIFICALLY AMENDING THE FOLLOWING,~'~'~'
ARTICLE 1, DIVISION 1.6, INTERPRETATIONS~
DIVISION 1.8, NONCONFORMITIES; ARTICLE 2,
DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, INCI~UDING REVISIONS TO TilE
INDUSTRIAl, ZONING DISTRICT, INCLUDING REVIS-
IONS TO TilE BAYSItORE DRIVE MIXED USE
OVERLAY DISTRICT, INCLUDING THE GOODLAND
ZONING OVERLAY DISTRICT; DIVISION 2.4,
LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS;
DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULA-
TIONS; DIVISION 2.7, ZONING ADMINISTRATION AND
PROCEDURES; DIVISION 2.8, ARCHITECTURAL AND
SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE
3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1,
RULES OF CONSTRUCTION; DIVISION 6.3,
DEFINITIONS; APPENDIX B, TYPICAL STREET
SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land
Development Code (hereinafter LDC), which has been subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each
calendar year unless additional amendment cycles are approved by the Collier
County Board of County Commissioners pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the second amendment to the LDC, Ordinance 91-102,
for the calendar year 2003; and
WHEREAS, on March 18, 1997, the Board of County Commissioners
adopted Resolution 97-177 establishing local requirements and procedures for
amending the LDC; and
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WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed
by law, did hold advertised public hearings on September 10, 2003, and October 8,
20()3~ and did take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined
by this Board to be consistent with and to implement the Collier County Growth
Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1),
Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of
the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference
herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby
makes the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the
Florida Local Government Comprehensive Planning and Land Development
Regulations Act (hereinafter the "Act"), is required to prepare and adopt a
Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and imPlement the adopted comprehensive
plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations
for the total unincorporated area shall be based on; be related to, and be a means of
implementation for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the
adopted Comprehensive Plan, or element or portion thereof, shall be amended so
as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County
Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP")
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as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq.
Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1 )(a), Fla. Stat., mandates that after a Comprehensive
Plan, or element or portion thereof, has been adopted in conformity with the Act,
all development undertaken by, and all actions taken in regard to development
orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such
Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or
land development regulation shall be consistent with the Comprehensive Plan if
the land uses, densities or intensities, in the Comprehensive Plan and if it meets all
other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development
approved or undertaken by a local government shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities, capacity or size,
timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan
and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County
Land Development Code, which became effective on November 13, 1991 and may
be amended at least twice annually.
11. Collier County finds that the Land Development Code is intended
and necessary to preserve and enhance the present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of
land within the total unincorporated are of Collier County and it is intended that
this Land Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare
of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural
resources within the jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and maintain through orderly
growth and development, the character and stability of present and future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier
County to implement the Land Development Code in accordance with the
provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and
Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE
SUBSECTION 3.A.
AMENDMENTS TO
INTERPRETATIONS
DIVISION 1.6.
Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 1.6 INTERPRETATIONS
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Sec. 1.6.3. Procedures.
1.6.3.1. Submission./bt requestfl;r interpretation. Before an interpretation shall be previded
~,, ,~,~ ~--4 ........... ; .... ~; ...... · .... . ,-h:.~c k,,~n; ...... m,.~M ~,:,.~ ......... is ......... a ~equesl~
for interpretation shal! must be submitted lo the planning services director or chief building official
("officials"), ,,.4,:,~.._.,..~ ......, ~, is ~vv,,~,~,~nook~ in a form established by him. Each request must idemil~ the
specific land development code or building code citation to be interpreted. Each request for
interpretation must be accompanied by the appropriate fee as set fo~h in the fee resolution adopted
by the board oF county commissioners. A Pee Kin' lhe request and p:'~cessh:g of the request shah
· ,,-,o~''h''' ..... ~ ,,~ ..... ,,~n t-~,~:n ~:k" ,~,,.~ ....... ~m,..~..,.1: ..... , [lnder no circumstances nla~ the request tk)r interpretation
contain more than three issues/questions. It must not contain a single question with more than
three sub-issues or questions. If it is detemined by the appropriate official that the request for
inteipretation contains more than three issues, the applicant will be required to submit a separate
request accompanied by the applicable fkes.
1.6.3.2. Determination of completeness. After receipt of a request for interpretation has been
appropriate official must shall detemfiue whether the request is complete. If the planning services
......................... ~ ......... .,~;-~l,~ appropriate official detemfines that the
request is not complete, he must 'shall serve a written notice on the applicant specifying the
deficiencies. The appropriate official planning services director or chief building official,
whichever is applicable, will shall take no fimher actiou on the request for inte~retation until the
deficiencies are relnedied.
SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.8
Division 1.8, Nonconforming Lots of Record, o£ Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to
read as follows:
DIVISION 1.8. NONCONFORMING LOTS OF RECORD
Sec. 1.8.10. Nonconforming structures.
1.8.10.2.1. Docks and boathouses are not subject to the provisions of Section 1.8.10.2. Dock~
and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock
or boathouse will expand or alter the original nonconforming facility with regard to deck area~
protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of
destruction or repairs performed. The determination of legal nonconforming status will be
established bY presentation of a signed, sealed survey, a cor~y of the Property Appraiser's record, or
other dated photography or documentation showing that the facility existed in its present location
and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will
void legal nonconforming status and require strict compliance to the Code.
SUBSECTION 3.C.
AMENDMENTS TO DIVISION 2.2., ZONING
DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL
STANDARDS
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DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses,
Dimensional Standards, of Ordinance 91-102, as amended, of the Collier
Cotmty Land Development Code, is hereby amended to read as follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES,CONDITIONAl, USES, DIMENSIONAI~ STANDARDS
Sec. 2.2.16. Industrial District
2.2.16.2.1. Pcrmittcd
20. Gunsmith shops (groups 7699) _,at.
21. Heavy construction (groups 1611--1629}.
22. Health services (8011 accessory to indust,'ial activities conducted on-site only).
23. Industrial and commercial machinery and computer equipment (3511--3599).
24. Insurance agents, brokers, and service, including Title insurance (group 6361 and 6411).
~ 25__:. Leather and leather products (groups 3131--3199).
~.. 26_._:. Local and suburban transit (groups 41 i 1--4173).
gg. 27~. Lumber and wood products (groups 2426, 2431--2499).
27. 28_._~. Measuring, analyzing, and controlling instruments; photographic, medical and optical
goods; watches and clocks (groups 3812--3873).
28.29___:. Membership organizations (groups 8611,8631 ).
29.30._~. Miscellaneous manufacturing industries (groups 3911--3999).
~9. 31__~. Miscellaneous repair services (groups 7622--7699) with no associated retail sales.
31.32__~. Motor freight transportation and warehousing (groups 4212, 4213 4225, 4226 except oil
and gas storage, and petroleum and chemical bulk stations).
32.33__:. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6.
33.34__:. Paper and allied products (2621--2679).
34.35__:. Personal services (groups 7211--7219).
35.36__:. Physical fitness facilities (group 7991 ).
3~. 37_~. Printing, publishing and allied industries (groups 2711--2796).
37.38.__~. Railroad transportation (4011, 4013).
2g. 39__,. Real estate brokers and appraisers (6531).
egt~40.__,. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
41. Shooting range, indoor (group 7999).
40=. 42. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275,
3281).
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~ 43. Textile mill products (groups 2211 --2221, 2241---2259, 2273--2289, 2297, 2298).
44. Title abstract offices (group 6541 ).
~ 45. 'l'ransporlalion equipmcnl (groups 3714, 3716.. 3731, 3732, 3751, 3761, 3764, 3769, 3792,
3799).
4&. 46. Transportation by air (groups 4512--4581 ).
44:. 47. Transportation services (groups 4724---4783, 4789 except stockyards).
4&. 48. United States Postal services (4311 ).
46:. 49. Welding repair (7692).
45. 50:..Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094 -
5099).
51. Wholesale trade -nondurable goods (groups 5111---5159, 5181, 5182, 5191 except Ihat
wholesale distribution of chenficals, fertilizers, insecticides, and pesticides must be a
minimum of 500 feet from a residential zoning district (5192--5199).
Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District
2.2.33.22.13.
Garages and Drivew~o,s.
1. The rear setback may be reduced to ten feet if a front-access garage is constructed on the
rear of the residence.
2. r-. ...... ,~ ..... ~'~" ~' .... a .... : ....... ~,~,~ ^c ~r~ r~, The maximum width of garage doors
is 16 feet.
Only one driveway is allowed per 50 linear feet of front property line. T~e driveway ska!!
....................................... ~,,~ area. The maximum width of the
driveway at the right-of-way line is 18 feet.
4. Other than the permitted driveway, the front yard may not be paved or otherwise used to
accommodate parking.
5. Garages ssa!! must be recessed a minimum of three feet behind the front Ihcade of the
primary residence.
6. No carports are permitted.
The distance from the back of the sidewalk to the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without parking over the sidewalk. Should
the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular
plane to the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic.
Sec. 2.2.34. Goodland Overlay
2.2.34.4. Development criteria. The development criteria and standards for each zoning
district in Goodland as provided for in this Code shall apply for all uses and structures in this
overlay district unless specifically superseded below.
2.2.34.4.1.
subdistrict:
Reserved.
Permitted uses. The following uses are permitted as of right in this
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2.2.34.4.2. Conditional uses. The following uses are permitted as conditional uses in this
subdistrict:
a. Clam nursery, subject to the following restrictions:
1)
A "clam nursery" is defined as the growing of clams on a "racexvav" or "flow-
through saltwater system" on the shore of a lot until the clam reaches a size of
approximately one-half inch.
2)
For the purposes of this section, a "raceway" or "flow-through salt water system"
is defined as a piece of plywood or similar material fashioned as a table-like flow
through system designed to facilitate the growth of clams.
3) At no time may a nursery owner operate a raceway or raceways that exceed a total
of 800 square feet of surface area.
4) The nursery must meet the requirements of a "minimal impact aquaculture
facility" as defined by the Department of Agriculture.
5) Thc nursery must not be operated on a vacant lot, unless both of the following
requirements are met:
i. The vacant lot is owned by the same individual who owns a lot with a
residence or habitable structure immediately adjacent to the vacant lot; and
ii. The vacant lot must not be leased to another individual for purposes of
operating a clam farm within the RSF-4 and VR zoning districts.
6) At uo time will a nursery owner be allowed to feed the clams, as the clams will be
sustained from nutrients occurring naturally in the water.
7)
Only the property owner or individual in control of the property will be allowed
to operate a raceway on the shore off his property within the VR and RSF-4
zoning districts. In other words, a landowner must not lease his properly to
another individual to use for purposes of operating a clam nursery.
8)
Any pump or filtration system used in conjunction with the nursery must meet all
applicable County noise ordinances and must not be more obtrusive than the
average system used for a non-commercial pool or shrimp tank.
2.2.24.4.!. 2.2.34.4.3. Maximum building height. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use provided that no residential
building may contain more than two levels of habitable space.
2.2.24.4.2.2.2.34.4.4. Minimum lot requirements. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use except for the following:
a. Single family/mobile home:
Minimum lot area: 4,275 square feet.
Minimum lot width: 45 feet.
2.2.24.4.2.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
2.2.24.4.4.2.2.34.4.6. Minimum yard requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Side yard: Five feet.
2.2.34.5. Parking/storage of major recreational equipment and, personal vehicles, and certain
commercial vehicles.
2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically designated travel
trailer subdivisions, boats, trailers, recreational vehicles and other recreational equipment may be
stored in any yard subject to the following conditions.
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N-c, rRecreationai equipment ,~a!! must not be used for living, slceping,
purposes when parked or stored.
or housekeeping
b. Na rRecreational vehicles or equipment s!m!! nmst not exceed 35 feet in length.
Na rRecreational vehicle_s or equipment gka!! must not be parked, stored ~or encroach in any
county right-of-way easement.
d. Recreational vehicles or equipment that exceed 35 feet in length s?.a!! will be subject to the
provisions of subsection 2.6.7.2 of this Code.
2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning
districts subject to the following conditions.
a. No vehicle shall block or impede traffic.
2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at the owq~er's
home and in the drainage swale subject to the following conditions:
a. No vehicle shall block or impede traffic;
b. Drainage must not be blocked or impeded in any way as a result of the parking in the swales;
c. Parking will only be permitted in driveways and not in yard areas; and
No more than two commercial vehicles may be parked at one residence/site, unless one or more
of the vehicles is engaged in a construction or service operation on the residence/site xvhere it is
parked. The vehicle engaged in this service must be removed as soon as the construction or
sen, ice is completed.
For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or
passenger car used for commercial purposes and licensed by the Department of Transportation. A
vehicle is not considered a commercial vehicle merely by the display of a business name or other
insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other
equipment used m the construction industry will be allowed to park at a residence or site overnight
unless specifically approved by the planning services director.
2.2.34.6.2. Parcels located off of Bayshore Drive are allowed to retain any sheds that were
constructed prior to [the effective date of this ordinance]. Storage sheds for fishing and boat
equipment on the boat dock parcels off of Bayshore Drive constructed after [the effective date of
this ordinance] are permissible if they comply with the following requirements:
1. The appropriate building permit must be obtained.
2. Bayshore Drive setback: ten feet.
3. Waterfront setback: ten feet.
4. Side yard setback: 0 feet.
5. Maximum size of shed: 144 square feet.
2.2.34.7. Sign requirements. All signs existing as of [the effective date of this ordinance] in
Goodland are exempt from the requirements of the Collier County sign ordinance (Division
2.5) for five years from [the effective date of this ordinance] or until the sign is destroyed,
whichever comes first, Alay siglls ~:onstru~tcd after [~h¢ effective date of the ordinance] must
strictly comply with Division 2.5. Sign maintenance is limited to painting existing signs. All
other maintenance or repairs will' void the exemption and require the owner to construct a sign
that strictly adheres to Division 2.5. in the event that the owner wishes to have a sign.
SUBSECTION 3.D.
AMENDMENTS TO DIVISION
LANDSCAPING AND BUFFERING
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DIVISION 2.4., Landscaping and Buffering, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 2.4. I~ANDSCAPING AND BUFFERING
Sec. 2.4.3. Procedures.
2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat,
final site development plan, or building permit, an applicant whose development is covered ay the
requirements of this section sba!! must submit a landscape plan to the planning services director.
The landscape plan sba!! must beat' the seal of a Landscape Architect registered in the State of
Florida. The landscaping required for single-family, two family, and mobile home dwelling units
s!m!! must be sho,an on the building pemlit plot plan. This plan is not required to beat' the seal ora
landscape architect.
The landscape plan sba!! must be drawn to a suitable scale, include dimensions, north arrow, date,
title, project owner's name, delineate the existing and proposed parking, vehicular use areas,
buildings, access points, and roadways, show all utility lines or easements, and show the location
of existing and proposed planting areas and vegetation commmfities and designate them by species
name. Tile code-required landscaping si:all must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that required by this
Code. Design creativity is encouraged so long as it meets the intent of this Code. The plan shall
must show tile location of permanent vegetation protection devices, such as barricades, curbing,
and tree wells. The plan shall must also include a chart plant legend indicating graphic plant
symbol, botanical and common name, quantity, height, spread, spacing, native status, drought
tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water
Management District, West Palm Beach, FL) and type of mulch. The plan shall must show tree and
palm staking details per accepted industry practices and standards. In addition, a tabulation of tile
code-required landscaping indicating the calculations necessary to insure compliance with this
Code si:a!! must also appear. A certificate of occnpancy shah must not be issned until approval of
the landscaping plan and installation of plants and materials consistent with that approved plan has
been completed and inspected by the County.
2.4.3.1.1. Public Educational Facilities and Plant, Ancillao' Plant, anti Auxiliar[, FacilitF.
Essential services including Collier County Public Schools (CCPS) / public Educational and
Ancillary Plants, and other public facility projects developed jointly with CCPS may demonstrate
that the intent of this division can be effectively accomplished without meeting specific
development standards. The applicant must request an administrative review of the alternative
design, as outlined in Section 2.4.3.1.1.1. of the Code. The deviations are limited to quantity of
plant material and the School district must demonstrate that the deviation is necessary as a result of
an educational program or ioint use of the school site with another public facility or use.
2.4.3.1.1.1. Procedure.
In addition to the base submittal requirements, applicants shall clearly label the plan submitted as
an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An
applicant must submit a narrative description identifying the code development standards required
by this section which will be addressed through the alternative approach. The planning services
director will administratively review submittal documents for consistency with the intent of this
division. If the plan is approved through this provision, the approved deviations must be
specifically noted and the basis of the approval must be stated within the site development plan
approval letter. Deviations approved will be applicable only to the specific design and plan
reviewed. Modifications of an approved design will void the deviation request and require
resubmittal to planning services staff for re-evaluation of the request in the context of the amended
design and plan.
2.4.3.1.1.2. Exemption.
An administrative deviation is not required for specific standards relating to placement of plant
materials if the intent of the division can nonetheless be carried out without meeting these
standards. The intent of the division can be demonstrated by detailing a specific health, safety, or
welfare concern as defined by SREF or as may be unique to a specific site or educational program
that would override the need to provide plant materials. A copy of SREF, as may be amended, is
Page 9 of 30
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available in the records room in the Community Development and Environmental Services
Division Building.
2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy tbr a use required to
provide landscaping and irrigation in accordance with this section, ail required landscaping and
irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1
and 2.4.3.2. All plant materials mnst be installed in accordance with accepted landscape practices
in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall
be installed in soil conditions that are conducive to the proper growth of the planl material.
Limerock located within planting areas shall be removed and replaced with native or growing
quality soil betbre planting. A plant's growth habit shall be considered in advance of coullicls
which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.), Trees shall
not be placed where they interfere with site drainage, subsurface utilities, or overhead utility'lines,
or where they shall require frequent pruning in order to avoid interferences with overhead power
lines. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one
another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be
located a minimum of 12.5 feet from the trunk ora tree. (See Figure [X] below).
COMPA'T"J:BLE TREE ANb LI:. H'T"J:N6, bE$'r6N
Figure[X] Compatible Tree and Lighting Design
Trees shall not be planted in areas that retain excessive quantities of water or will require excessive
amounts of fill placed over the root system that will affect the health of the tree species. Required
landscaping shall not be placed within easements without written approval from all entities
claiming an interest under said easement.
All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure
establishment of the tree or trees and erect growth. Nail staking or other methods that cause
cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours
in the event of blow-over or other failure of the staking and guying. Staking shall be removed
between six and 12 months after installation.
All required landscaping shall be installed in accordance with plans approved under section[s]
2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a
subdivision completion bond in accordance with division 3.2 governing the final platting of
subdivision.
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All required landscaping shall be maintained in a healthy condition in perpetuity as per tile
approved building and site plans. Code Enforcement may investigate deficiencies in approved
landscaping and institute corrective action to insure compliance with this Code.
In instances where an act of God or conditions outside the control o f the applicant have presented
immediate installation, the planning services director, if fin'nishcd with a statemcnt which includes
good and sufficient evidence that states that tile required plantings will bc installed when
conditions permit, may issue a temporary certificate of occupancy, if thc required plantings arc
not installed when conditions permit, then the county may revoke thc certificate of occupancy.
2.4.4.2. Trees and pahns. All required new individual trees, shall be species having an average
mature spread or crown of greater than 20 feet itl the Collier County area and having trunk(s)
which can be maintained ill a clean condition over five feet of cleat' wood. Trees adjacent to
walkways, bike paths and rights-of-way shall bc maintained itl a clean condition over eight feet of
clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted
by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required
trees, at least 50 percent of the trees at the time of installation shall be a minimum of ten feet in
height, have a I 3/4-tach caliper (at 12 inches above the ground) and a lbur-foot spread. The
remaining code-required canopy trees, at the time of installation, shall be at least eight feet in
height, have a I 1/2-inch caliper (at 12 inches above the ground) and a three-foot spread.
A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made
for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one
canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the
following exceptions. No more than 30% of canopy trees may be substituted by pahns (or palm
equivalents} within the interior of a vehicular use area and within each individual Type D road
right-of way landscape buffer. Palms must have a minimum often feet of clear trunk at planting.
All new trees, including palms, shall be of a species having an average mature height of 15 feet or
greater.
2.4.5.4. Green space required in shopping cente~:s' and.fi'eestanding retail establishtnents with
afloor area greater than 40,000 square feet. An area that is at least seven percent of the size of
the vehicular use areas s!m!! must be developed as green space within the front yard(s) or
courtyards of shopping centers and retail establishments and shall be in addition to the building
perimeter planting area requirements. The courtyards shall must only be located in areas that are
likely to be used by pedestrians visiting the shopping center and retail establishment. The seven
percent green space area shall must be in addition to other landscaping requirements of this
.... o'l-,~ 11
division, o~,~ may be used to meet the open space requirements (section 2.6.3.2), and ...... must be
labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of
these projects shall be reduced to an amount equal to five percent of the vehicular use area on site.
Green space s~a!! must be considered areas designed for environmental, scenic or nonconm~ercial
recreation purposes and shall be pedestrian-friendly and aesthetically appealing. Green space may
only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees,
walkways within the interior of the green space area not used for shopping, fountains, manmade
watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures,
gazebos, and any other similar items that the planning services director deems appropriate. Green
space shall must include: walkways within the interior of the green space area not used for
shopping, a minimum of one foot of park bench per 1,000 square feet of building area, and a
minimum of one tree or palm for each 250 square feet of green space area. The green space area
shall must use existing trees where possible and landscaping credits will be allowed as governed by
table 2.4.4. The green space areas s~a!! must be located in areas that are in close proximity to the
retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of
benches may be located adjacent to the building envelope along paths, walkways and within
arcades or malls.
2.4.5.5. Landscaping required for Division 2.8 buildings over 20, 000 square feet.
The following requirements will be counted toward the required greenspace and open space
requirements of Division 2.4. of this Code.
t. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six-foot to
eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of
six feet.
2. The first row of landscape islands located closest to the building front and sides must be
landscaped with trees, palms, shrubs and groundcovers and must have a clear trunk area to a height
of seven feet.
Page 11 of 30
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2.4.6.6. Buihting/;e:'imcte;' fimndation phmtin.g areas.Fh:;:ti::g.v. All shopping center, retail,
office, apamncuts, condominiums, clubhouses and similar rises s~a!! musl provide building
v-'""-'-'; ....... foundation.plantings iu the amount of ,~aa square c,~,, ....... v-, ~,aaa, ~ o-t~-'- ....... ,,~,r~' ten. . percent
of proposed building ground level floor area. These planting areas shall must be located adjacent
to the primary public building entrance(s) and/or primary street elevation and shall nmst cortsist of
landscape areas, raised planters or planter boxes that are a minimum of five-feet wide. These areas
must be landscaped with trees and/or palms in the amount of one tree or pahn equivalent per 250
square feet; shrubs and ground covers other than grass. Water management areas shall must not be
a part of this i;,ve fa,et planting area. Parking lot islands will not count towards this requirement.
2.4.6.7. Building foundation planting requirements fi)r tall buiMings greater than 3 stories or 35
feet in height; and/or Division 2.8 buihlings with a footprint greater than 20,000 square
~'el and/or parking garage .sD'uctttrex. Note: buiMingx stth/cct to the requirementx of this
section are no! subject to the requirements of the previous section 2.4.6.6.
(a)
The minimum width of building foundation planting areas must be measured from the
base of the building and nmst relate to the adjacent building's wall height as herein
defined as follows:
Adjacent Building's Wall Height:
Building height wall less than 35 feet
Building wall height between 35 feet and 50
feet.
Building wall height greater than 50 feet.
Foundation Planting Width (contiguous around
perimeter of building):
!0 fee_____!~t
15 feet
20 feet.
(b) Trees required by this section must be of an installed size relating to
the adjacent building's wall height, as defined below:
Building's Wall Tree Height (feet) Tree Canopy Palm Height
Hei.ght (fi, et) SI,'ead (feet) ({'eeO
35 to 50 14 to 16 7 1__~6
greater than 50 16 to 18 8 2__Q
2.4.7.2.
Applicabilio,. The buffering and screening shown in table 2.4 shall be required under
this section and shall apply to all new development. Existing landscaping which does
not comply with the provisions of this section shall be brought into conformity to the
maximum extent possible when: the vehicular use area is altered or expanded except
for restriping of lots/drives, the building square footage is changed, or there has been a
discontinuance of use for a period ofgO 6__Q_0 consecutive days or more and a request for
an occupational license to resume business is made.
2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 aha!l apply.
Trees and shrubs shall must be installed at the height specified in section 2.4.4.2.
Water management systems, which shall must include retention and detention areas, swales, and
subsurface installations, ahal! hz are permitted within a required buffer provided they are
consistent with accepted engineering and landscaping practice and the following criteria:
1. Water management systems shall must not exceed 50 percent of the square footage of any
required side, rear, or front yard landscape buffer.
2. Water management systems shall must not exceed, at any location within the required side,
rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five-foot
wide 10:1 level planting area shall be maintained where trees and hedges are required.
3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the
following criteria:
Water management systems, in the form of dry retention, may utilize an area greater than.
50 percent of the buffer when existing native vegetation is retained at natural grade.
Page 12 of 30
Words s~ack through are deleted, words underlined are added
For lots of record 10,000 square feet or less in size, water management areas may utilize an
area greater than 50 percent of the required side and rear yard buffers. A level planting
area of at least three feet in width s!m!! must be provided in these buffers.
4. Sidewalks and other impervious areas ,q:a!! nmst not occupy any part of a required Alternative
A, B, C, or D type buffer, except when:
a. Driveways and sidewalks are constructed perpendicular to the buffer and provide
direct access to the parcel.
b. Parallel meandering sidewalks occupy the butfer and its width is increased by the
equivalent sidewalk width.
c. A required 15-20 foot wide buffer is reduced to a minimum of ten feet wide and is
increased by the five to ten foot equivalent width elsewhere along that buffer.
2.4.7.3.1. Natural ami manmade bodies of water including retentioa areas fi,' all devebqmwntx
.s'uhjcct to Divixion 2.8.
1. Configuration of water management areas. The shape of a manmade body of water,
including retention and detention areas, must be designed to appear natural with curvilinear
edges. See "Body of Water Shapes" figure below. An alternative design may be approved as a
part of the design of the building, if the design of the water management area is related to the
architectural design of the building.
Page 13 of 30
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0
100
10'
offsct~
DO TH]:S -j
0
ti:X]-- ~--
§0
I I I I I
i I
DON'T DO THT$ -~''
100
BODY OF
WATER
,.SHAPE5
Figure [Y1- Body of Water Shapes
2. Water management areas within the front yards. Narrow and steep water management areas
are prohibited within the front yards that lie between the primary_ facades of a building and a
public and private street. These narrow and steep water management areas are defined as 12
feet or less in width with maximum slope of 4 to 1.
3. Required amenities. The following standards apply to deten[ion and retention areas
exceeding twelve feet in width. All bodies of water, including retention areas exceeding 20,000
square feet, and which are located adjacent to a public right-of-way, must incorporate into
overall design of the project at least two of the following items:
a. A walkway 5 feet wide and a minimum of 200 feet long, with trees of an average of
50 feet on center and with shaded benches, a minimum of 6 feet in length or picnic
tables with one located every 150 feet.
b. Fountains.
c. Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with
benches and/or picnic tables adjacent to the water-body, or retention areas.
Page 14 of 30
..... ~ are deleted, words underlined are added
Words .......
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Pro?erties District
Subjec I 2 3 4 5 6 7 8 9 10 11 12 13 14
t
Proper
ty's
Distric
t/Use
1. B B B B B A A A A D A A
Agricu
lture
(AI)
2. A A B B B B B C B * D B ' C
Reside
ntial
(E,
RSF)
single-
family
3. A B A N A B B B B * D B C
Reside
ntial
(RMF-
6,
RMF-
12,
RMF-
16)
muitif
amily
4. A B A A B B A B B * D B - B
Reside
ntiai
tourist
(RT)
5. A A B B A B B B B * D B B
Villag
e
reside
ntiai
(VR)
6. A B B B B A B B B * D B B B
Mobil
e
home
(MH)
7. A B B B B B A A A * D B B B
Comm
ercialy'
1, C~
l/T,
C-2,
C-3,
C-4,
c-5);
Busine
ss
Park
(BP)
8. A C B B B B A A2 A * D~ B B B
Indust
rial2
(I)
Page 15 of 30
Words ztmck thrc, ugh are deleted, words underlined are added
9. A B B B B B A A A * D B C
Public
use
(P),
comm
unity
facility
(CF),
Golf
Gouts
e
Clubh
ouse,
Ameni
Center
10. * * * * * * * * * * D * * *
Plarme
d unit
develo
pment
(PUD}
11. D D D D D D D D D D B D
Vehic
ular
rights-
of-way
12. B B B B B B B B B B B A B C
Golf
course
mainte
nance
buildi
ng
13. - - B - C
Golf
course
14. A C C B B B B B C * D C C D
Autom
obile
servic
station
The letter listed under "Adjacent Properties District" 'shall be i_._s the landscape buffer and screening
alternative required. The "-" symbol shall represent that no buffer is required. Thc PUD district
buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and sba!! must be
based on the landscape buffer and screening of the district or use with the most similar types,
densities and intensities of use. Where a conflict exists between the buffering requirements and the
yard requirements of this Code, the yard requirements of the subject zoning district shall apply.
IBuffering in agriculture (A) districts shall be applicable at the time of site development plan
(SDP) submittal.
2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to
install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property
lines. This area shall not be used for water management. In addition, trees may be reduced to
50 feet on center along rear and side perimeter buffers only. This reduction in buffer width
shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
3Buffer areas between commercial outparcels located within a shopping center may have a
shared buffer 44~ 15 feet wide with each adiacent property contributing 7.5 feet. This does not
apply to right-of-way buffers.
Page 16 of 30
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~Refer to section 2.6.28 for automobile service station landscape requirements.
2.4.7.5. "Collier CounO, Streetscape Master Plan- and the "Golden Gate Communi_ty
Roadways Beautification Master Plan." Street corridors identified in the "Collier ~
County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master
Plan," including areas within the right-of-way and on required buffers adjacent to the right-of-way,
shall adhere to the requirements of the 2Collier Nap!e.~cape 90'~ County Streetscape Master Plan" and
the "Golden Gate Community Roadways Beautification Master Plan."
Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the
requirements of the '_'Collier County Nap!escape 90's Streetscape Master Plan" and the "Golden Gate
Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related
subsequent development order including construction plans attendant to the approval of a final plat
and or a final site development plan. Where the application of said £treetscape Master Plan standards
and requirements is questioned, an official interpretation of the planning services director pursuant to
section 1.6.1 of the Collier County Land Development Code may be requested. Further, the
interpretation of the planning services director may be appealed to the board of zoning appeals as
prescribed by section 1.6.6 of the Land Development Code.
SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.5. SIGNS
DIVISION 2.5., Signs, of Ordinance 91-102, as amended, of the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.2. Signs within non-residential districts:
2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following
uses, additional signs may be required to provide the desired level of service to the public. Special
purpose signs shall be permitted as follows:
2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-
residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign.
Such sign shall require a building permit.
2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height and not
more than 6 inches in diameter) and style barber poles which contain any illuminated moving or
rotating part may be permitted as a lawful sign if the following and all other applicable
requirements are met:
1. The barber pole sign is attached to the exterior wall of an establishment providing the services
of a licensed barber;
2_.: Each such establishment (barbershop, salon, etc.) is limited to only one barber pole sign;
Page 17 of 30
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3. No barber pole sign may move or rotate except when the establishment is open and providing
the services of a licensed barbeq and
4. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec.
2.5.5.2.5.13. for illuminated signs.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not
expressly authorized by, or exempted from this Code. The following signs are expressly
prohibited:
2.5.7.1.
County.
Signs which are in violation of the building code or electrical code adopted by Collier
2.5.7.2. Abandoned signs.
2.5.7.3. Animated or activated signs, except special purpose time and temperature signs, and
barber pole signs complying with sec. 2.5.5.2.5.9.1. & 2., respectively
2.5.7.4. Flashing signs or electronic reader boards.
2.5.7.5. Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9.2.
SUBSECTION 3.F.
AMENDMENTS TO DIVISION 2.6.,
SUPPLEMENTAl, DISTRICT REGULATIONS
DIVISION 2.6., Supplemental District Regulations, of Ordinance 91-102,
as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.11. Fences.
2.5.1 I.~..I.. Industrial Districts f/Non-residential development]. Fences or walls in carr~'v, ercia!
and industrial districts not subject to Division 2.8 shall be limited to eight feet in height.
2.5.!!A.2. 2.6.11.4.1. Walls and fences required contiguous or opposite residentially zoned
districts.
2.6.11.5. AH districts. Whenever a property owner elects to erect a chain link fence pursuant 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 minimum of 30 inches in height at
planting spaced at a distance that will achieve an opacity rating of 80 percent within 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 fence. This regulation shall not apply to single family
Page 18 of 30
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homes.
1. Structures subject to Division 2.8 Architectural & Site Design Standards shall comply with the
jbllon'in,q additional fimcing stamh~rds:
a. Chain link and wood fences are prohibited forward of the primary faqade and must be a
minimum of 100 feet from a public right-of-way. Chain link and wood fencing facing a public or
private street shall be screened with an irrigated hedge planted directly in fi'ont of the fence on the
street side. Plant material shall be a minimum of 3 gallon in size and planted no more than 3 feet
on center at time of installation. This plant material shall be maintained at no less than three-
quarters of the height of the adjacent fence (See Illustration 6.1).
b._.: Fences forward of the primary faqade, excluding chain link and wood are permitted under the
following conditions:
( 1 ) Fences shall not exceed 4 feet in height.
(2) The fence provides either an open view at a minimum of 25 percent of its length or
provides variation in its height for a minimum of 15 percent of its length with a deviation of at
least 12 inches.
{3) The fence style must complement building style through material, color and design.
SUBSECTION 3.G.
AMENDMENTS TO DIVISION 2.7., ZONING
ADMINISTRATION AND PROCEDURES
DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91-
102, as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.2. Amendment Procedures.
2.7.2.3.5. Public participation requirements for rezonings, PUD amendtnents, conditional uses',
variances or parking exemptions.
1. Applicants requesting a rezoning, PUD amendment, or conditional use approval shall must
conduct at least one Neighborhood_Informational _Meeting ("NIM"~ -';~;~,,,~.... ~^ ~a~ '~ ..... ~.c -~-v,:~' ~.~v
· ~ ........... c~,o ~:,~ review ~-'~ ........... ~' .... u~.:~ after initial staff review and
comment on the application and before the Public Hearing is scheduled with the Planning
Commission. The appropriate number of staff reviews of the application returned before the NIM
can be held, will be at the discretion of the current planning manager, only in cases where one or
two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the
public. Written notice of the meeting shall be sent to all property owners who are required to
receive legal notification from the county pursuant to section 2.7.2.3.2. Notification shall also be
sent to property owners, condominium and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the county to be notified. A list of
such organizations s~a!! must be provided and maintained by the county, but the applicant shall
must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties
noticed as required above, and the date, time, and location of the meeting, shall must be furnished
to the planning services department and the office of the board of county commissioners no less
than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant
.shall must make arrangements for the location of the meeting. The location :he'-'-!~ must be
reasonably convenient to those property owners who are required to receive notice and the
facilities :~a!! must be of sufficient size to accommodate expected attendance. The applicant :~a!!
must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and
z~a!! must not be placed in that portion of the newspaper where legal notices and classified
advertisements appear stating the purpose, location, and time of the meeting, and legible site
location map of the property for which the zoning change is being requested. The advertisement is
to be placed within a newspaper of general circulation in the county at least seven days prior to~
but not sooner than ten days before, the neighborhood informational meeting. The Collier County
Page 19 of 30
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staff planner assigned to attend the pre-application meeting, or designee, ssa!! must also attend the
neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the
applicant is expected to make a presentation of how it intends to develop the subject property. The
applicant is required to audio or video tape tile proceedings of tile meeting and to provide a copy
of same to the planning services department.
3. Any applicant requesting variance approval or parking exemption approval s!m!! must provide
documentation to the planning services department indicating that property owners within 150 feet
of the subject site have been advised of the extent and nature of the variance or parking exemption
requested within 30 days of receipt of a letter indicating that the application is sufficient.
4. Where it has been determined that there is a property owner, functioning condominium or civic
association who has made formal request of the county to be notified, then the applicant s!:a!! must
provide va'itten documentation to the planning services department indicating that such property
owner or organization has also been notified concerning the extent and nature of the variance or
parking exemption requested. The applicant gl:a!! must provide a written account of the result of
such noticing and shall submit any and all written communications to the planning services
department. A list of property owners, homeowner or condominium associations notified and any
other written communications s!:a!! must be submitted to the planning services department at least
two weeks prior to the scheduled date of the first advertised public hearing.
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.6. Monitoring requiretnents. In order to ensure and verify that approved project densities or
intensities of land will not be exceeded and that development commitments will be fulfilled, mmual
monitoring reports o~.~n must be submitted by the deve!cper/owner{s) er .... h~;-~'~ ..... of a
PUD to the pla:mingo~. .... ,.~,o;0~ ~v--'4 .......... ,..,..~ ~_,~,~,'~; ...... Community Development and Environmental
Services Division Administrator or his designee. The monitoring report ssa!! must be prepared in
a County approved format to include an affidavit executed by the property owner(s) attesting that
the information contained in the monitoring report is factually correct and complete, submitted
annually, on each anniversary of the date said PUD was approved by the board until the PUD is
completely constructed and all commitments in the PUD document/master plan are met (built out).
The monitoring report zka!! must.provide the following information:
1. Name of project.
2. Name of owner,
...2..
Number of units, by residential type; square footage and acreage of recreational facilities,
commercial and other permitted uses; infrastructure and/or other uses which are complete and
approved of or for which a valid permit has been issued, but which have not been completed:
and any on-site or off-site commitments completed and approved as of the date of the
monitoring report.
4_.:. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and
other pertinent information, including on-site or off-site commitments.
5~ Traffic counts for all access points to the adjacent roadway :v~jer k!gkway network.
Copies of all other required monitoring reports completed in the past year (i.e., traffic,
weilfield, etc.).
Up-to-date PUD document which includes all approved amendments as of the date of the
monitoring report.
Status of commitments in PUD document, including projected completion dates if then
established.
9. Other information as may be required by the -~--: ...... :~ ~F ..... '~: ...... Community
Development and Environmental Services Division Administrator or his designee.
10._.~. Affidavit form drafted and supplied by Collier County to be executed by the owner(s) of the
PUD.
Page 20 of 30
Words .~tr',:c!: tSrm:gS are deleted, words underlined are added
Sec. 2.7.7. Affordable housing density bonus.
2.7.7.2. 4[.]brdable housing densiO, bonus program.
2.7.7.2.1. Ove~a'iew. Within most of the coastal urban designated areas identified on the future
land use map of the growth management plan, a base density of four residential dwelling units per
gross acre is permitted. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development which would
allow the addition of density bonuses in order to increase the density over the base density is the
provision of affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the base density of four residential dwelling
units per gross acre, for a total of 12 residential dwelling units per gross acre, plus any. other
density bonuses available, and minus any density 'reduction for traffic congestion o:' c~asta!
management area required, pursuant to the growth management plato. The total eligible density
nmst not t-o exceed a total of 16 dwelling units per gross acre, except as allowed through use of
transfer of development rights, as provided for in the growth management plan.
Within most of the lmmokalee Urban area, as identified on the Immokalee area master plan future
land use map of the gro~h management plan, base densities are four or six or eight residential
dwelling units per gross acre. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development that would allow
the addition of density bonuses is the provision of affordable housing in the development. The
provision of aflbrdable housing units may add up to eight dwelling units per gross acre to the base
density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen
or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The
total eligible density must not exceed a total of 16 dwelling units per gross acre.
Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on
the future land use map of the growth management plan, towns, villages, hamlets and compact
rural developments are allowed at a density range of one-half to four dwelling units per gross acre.
The allowed density may be adiusted depending on the characteristics of the development. One
characteristic of a housing development that would allow the addition of density bonuses is the
provision of affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the allowed density of one-half to four
dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential
dwelling units per gross acre, plus any other density bonuses available.
2.7.7.2.3. Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the planning ah~v~flopmem services director. If
the proposed development is to include affordable housing, the housing and urban improvement
d'2rectc, r :ha!! department must participate in the preapplication conference. The preapplication
conference provides an opportunity to familiarize the applicant with the AHDB program and
provides an opportunity for the county staff to obtain a clear understanding of the proposed
development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria,
procedures, standard conditions, standard forms, and other information will be discussed and made
available to the applicant. Depending on the type of development proposed, the application may
+~.~.~..~ +~...~ .~....v^~ ~-,~r ~.~ be combined with, an application for a planned unit development (PUD), a
rezone, or a~ AHDE devek'.pment agreement a Stewardship Receiving Area.
2.7.7.2.4. Application. An application for AHDB for a development :ha!! must be submitted to
the development services director in the form established by the planning ~ services
director. One additional copy of the application as otherwise required :ha!! must be provided for
the housing and urban improvement director department. The application shall must, at a
minimum, include:
1. Zoning districts proposed by the applicant, if any, on the property and acreage of each;
6. Whether the AHDB is requested in conjunction with an application for a planned unit
development (PUD), an application for rezoning, or an application for a Stewardship Receiving
Area ~r
7. Any other information which would reasonably be needed to address the request for AHDB for
the development pursuant to the requirements set forth in this section.
Page 21 of 30
.... t. are deleted, words underlined are added
Words ....... t?,rc, ugh
2.7.7.2.6. Review and recommendation by the housing anti urban improvement director. After
receipt of a completed application for AHDB, the housing and urban improvement director shall
must review and evaluate the application in light of the AHDB rating system, the AHDB
monitoring program and the requirements of this division,~,,~,~-a .,:c ~t,v..~.~,_.~:~s'~ The housing and
urban improvement director shall must coordinate a rezone with the planuing development services
director, and to schedule the AttDB application with the companion application Ibr rezoning~
planned unit development, or stewardship receiving area, and gha!! must recommend to the
planning commission and the board of county commissioners to deny, grant, or grant with
conditions, the AHDB application. The recommendation of the housing and urban improvement
director shah must include a report in support of his recommendation.
2.7.7.2.7. Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written recommendation and report of
the housing and urban improvement director, the planning commission shall must schedule and
hold a properly advertised and duly noticed public heariug on the application. If the application
has been submitted in conjunction with an application for a PUD, then the hearing shall must be
consolidated and made a part of the public hearing on the application for the PUD before the
planning commission, and the planning commission shall must consider the application for AHDB
in conjunctkm with the application for the P[JD. If the application has been submitted in
conjunction with an application for a rezoning, then the hearing shall must. be consolidated and
made a part of the public hearing on the application for rezoning before the planning commission,
and the planning conmaission shall must consider the application for AHDB in conjunction with
the application for rezoning. If the application has been submitted in conjunction with an
application for a stewardship receiving area, then the hearing must be consolidated and made a part
of the public hearing on the application for stewardship receiving area before the planning
commission, and the planning commission must consider the application for AHDB in conjunction
with the application for stewardship receiving area.-h: the event that the app!icatien for AHD~ has
..... t-~ ..................................... ~ a property ~-~ shall
..... v.: ---t ............ a ..... as .... After the
close of the public hearing, the planning commission shall must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, PUD
rezoning, or stewardship receiving area, as applicable, and shall must recommend to the board of
county commissioners that the application be denied, granted or granted with conditions.
2.7.7.2.8. Review and determination by board of county commissioners. Upon receipt by the
board of county commissioners of the application for AHDB and the written recommendation and
report of the housing and urban improvement director and recommendation of the planning
commission, the board of county commissioners shall must schedule and hold a properly
advertised and duly noticed public hearing on the application. If the application has been
submitted in conjunction with an application for a planned unit development (PUD), then the
hearing gha!! must be consolidated and made a part of the public hearing on the application for the
planned unit development (PUD) before the board of county commissioners, and the board of
county commissioners s~a!! must consider the application for AHDB in conjunction with the
application for the planned unit development (PUD). If the application has been submitted in
conjunction with an application for a rezoning, then the hearing ska!l must be consolidated and
made a part of the public hearing on the application for rezoning before the board of county
commissioners, and the board of county commissioners s~a!! must consider the application for
AHDB in conjunction with the application for rezoning. If the application has been submitted in
conjunction with an application for a stewardship receiving area, then the hearing must be
consolidated and made a part of the public hearing on the application for stewardship receiving
area before the board of county commissioners, and the board of county commissioners must
consider the application for AHDB in conjunction with the application for stewardship receiving
..,:.~ .~ ...... ; ..... .. c ........ ; ...... . ~o ,~ ...... ; ..... +~ ~c,~: .... ,;~. After the close of
the public hearing, the board of county commissioners s~all must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, and
shall must deny, grant, or grant with conditions, the application in accordance with the AHDB
rating system and the AHDB monitoring program. He:;'ever, if*&e app!icatien for AHDB doe, g not
Page 22 of 30
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SUBSECTION 3.H.
AMENDMENTS TO DIVISION 2.8.,
ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS
DIVISION 2.8., Architectural and Site Design Standards and Guidelines for
Commercial Buildings and Projects, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS
AND GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS
deviation
~:b_'atrat!en ~.I
pedes~'.'an use areas of large cc.m.m, ercial buildings and projects. Such landacapfng is ;.ntended to
1
Page 23 of 30
+,-, I +1, ~
Words s..aca ..:re.u~,h are deleted, words underlined are added
Hh.-~tr.2tlcn !? L'-'-n~s::F~r.g F.:r:t P. ow of La~s:'-'-F:
~'~"~'~ a ~;"; ..... r~:. c~+ ;. ~-~+~ ";-";- +"~'~ ..... ;*~' ^"~ ~^~+~ e;'e~' 150
feet.
primaD, c.~4~ and wzast be a mAn!mum of leo feel fram a public ..~... of way ................
6.~).
Page 24 of 30
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SUBSECTION 3.1.
AMENDMENTS TO DIVISION 3.2.,
SUBDIVISIONS
DIVISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.8. Improvement Plans.
3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be coordinated with
the street systems of the surrounding areas. Adjacent properties shall be provided with local street
interconnections unless topography, other natural features or other ordinances/regulations do not
allow or require said connections. All arterial or collector streets shall be planned to conform to
the Collier County comprehensive plan. Collector and arterial streets within a development shall
not have individual residential driveway connections. Their location and right-of-way cross section
must be reviewed and approved by the county transportation services division during the
preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in
conformance with the comprehensive plan and the right-of-way cross section contained in
appendix B. Ail streets shall be designed and constructed to provide for optinmm vehicular and
pedestrian safety, long service life and Iow cost of maintenance.
A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be
accepted. Any deviations more than these tolerances will result in withholding preliminary
acceptance until such time that the pavement is brought up to county standards.
21. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at
least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk.
Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular
plane to the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic.
SUBSECTION 3.J.
AMENDMENTS TO DIVISION 3.3., SITE
DEVELOPMENT PLANS
DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Sec. 3.3.7. Site development plan review (SDP) procedures.
Page 25 of 30
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3.3.7.1.9. lnfi'astructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance with the design
staudards of division 3.2 and any current counly ordiuanccs, rcgulalions, policies and procedures
which consist ol, but are uot linfited to, the ibllowing items:
1. A cover sheet setting forth the development name, applicant name, name of engineering firm,
and vicinity map.
15. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at
least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk.
Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular
plane to the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic.
SUBSECTION 3.K.
AMENDMENTS TO DIVISION 6.3.,
DEFINITIONS
DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 6.3. DEFINITIONS
Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also
,4 butting proper(¥ or ad/acent properO,].
Ancillar~ plant: The building, site and site improvements necessary to provide such facilities as
vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program which may lawfully be used as authorized by the
Florida Statutes and approved by the Collier County School Board.
AuxiliarF facility: The spaces located at educational plants which are not designed for student
occupation stations.
Compatibility review: A review pursuant to the Architectural and Site Design Standards contained
within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of
Compliance are requested and that pertains to issues of compatibility with surrounding uses,
complimentary patterns of development and mitigation of negative impacts. The Compatibility
Review will be limited to compatibility issues, external sidewalks and pathway connections,
lighting, dumpster location and screening, and orientation of buildings and ancillary facilities.
Consistency Review: A review process whereby the County will determine prior to the School
Board's acquisition of property whether such property is consistent with the locational criteria of
the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master
Plan and Immokalee Area Master Plan, and whether the plant or facility is a permitted use,
conditional use or prohibited use in the zoning district on the site, pursuant to the 2003 lnterlocal
Agreement.
Educational Facilities: The buildings and equipment, structures, and special educational use areas
that are built, installed, or established to ~erve primarily the educational purposes and secondarily
the social and recreational purposes of the community and which may. lawfully be used as
authorized by the Florida Statutes and approved by the Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the educational program
of each plant.
Fire station: The building{s) and site of a government establishment primarily engaged in
firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and
apparatus, firefighters, and support/administrative staff.
Page 26 of 30
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Fire station services, ancillary: Fire protection activities imperative to carry_ out the purposes of a
government establishment primarily engaged in firefighting, such as fire training camps, but which
is not required to be located at a fire station for that fire station to serve its fimction. However,
services designed to repair any firefighting equipment is not an ancillary fire station service.
Locational Criteria: The land use categories established in the Growth Management Plan's Future
Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan.
School Board Review ("SBR"): The site development plan review process for School Board
projects as outlined in the 2003 Interlocal Agreement.
State Requirements for Educational Facilities ("SREF"): The Florida Department of Education
State Requirements for Educational Facilities, effective 1999, as amended.
1996 Interlocal Agreement: the Interiocal Agreement between the Collier County School Board
and Collier Cotinty as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an
effective date of June 25, 1996.
2003 lnterlocal Agreement: the Interlocal Agreement between the Collier County School Board
and Collier County as recorded in Official Record Book 3228, Page 2989 et seq., which bears an
effective date of February 28, 2003.
SUBSECTION 3.L.
AMENDMENTS TO APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY
DESIGN STANDARDS
APPENDIX B, Typical Street Sections and Right-of-Way Design
Standards, of Ordinance 91-102, as amended, of the Collier County Land
Development Code, is hereby amended to include the revisions to the
following cross-sections as follows:
Cul-de Sac:
COLLIER COUNTY LAND DEVELOPMENT CODE
-
2' Slope
h '°'
12 t AsphaRic
Lmne
/ m m ~ 12" ~zed %b~ode (LBR 40)
F
Men
Noles;
1) Asphaltic concrete shall be type S or equal as
approved by Ihe county development engineer
Cul-De-Sac
Supp, No. 5
Collier County Development Collier County Subdivision
Services Department Typical Roadway Section [ntz: LDCB4,D_
Page 27 of 30
Words smzclz t?~cugh are deleted, words underlined are added
Local Street:
APPENDIX B-TYPICAL STREET SECTIONS
R/W
Slope @
,/4" Per Ft. ~ I
I 10' 2' \ 2' 5' 1'
~'1 ~ 25 "~/' ~[.__1~ ..... te ~ Gutter
I/ Z ..........
Sanitary Sewer Location
Notes:
Asphaltic concrele shod be I~e 5 or equal us
opprn~ed by the county Oevelopment enoineer.
Local Street
Collier County Development Collier County Subdivision Notto=:o~,
Servlces Deportment Typical Roadway Section ~nLE: LCOBS..:
Commercial/Industrial:
COLLIER COUNTY LAND DEVELOPMENT CODE
3" Type S-1
I Asphaltic Concrete~ 1' 2' ~ ~ ~ 1,1
|r . (2 ....... ) X, I= ""-I k-.-- \
/ L~ne 4 hmerock
LBR 100 m_x 7.5' -t ~ (LBR ~oo)
I- % ~1 12" Stabilized Subgrode (LEE 40)
Force ~
Sanitary Sewer Location ~/ ~ ~ I
COMMERCIAL/INDUSTRIAL
Notes:
A~pflaltlc concrete shQII be type S o~ equol os opp¢oved by the county
development engineer.
Collier County Development
Services Deportment
I Collier County Subdivision
Typical Roadway Section
Minor Collector:
Page 28 of 30
Words o,~,~, a. ..... ~.
............. e.. are deleted, words underlined are added
APPENDIX B-TYPICAL STREET SECTIONS
R/W
6" white strlpe between bi~e lone
Grid travel lone Appropriate troffic~
signing and strlplng for bike lone.
~.- 4' 6' 1' I ~1~~ I Asphalti~ ConcreteI
4" limerock bose 7.5' 1
Main 2'
Valley
Sanitary Sewer Location ~ Gutter
Minor Collector
J Collier County Development
Ser vice,_~ Deportment
Collier County Subdivision
Typical Roadway Section
Major Collectors and Arterials:
COLLIER COUNTY LAND DEVELOPMENT CODE
AS REQUIRED
4' ~,~ 22' _,_ lS' MEDIAN
~"~ BIKE ----(TURN LANES
~ 4' ~ / / I jN/[1
~ 1' I I 30
J ~~ % ¢ LIMEROCK BASE CURB
/ ~ I ~ ~PRIMED (LBR 100)
4" LIMEROC'K BASE /I _.. I %~]._~BLu~ED
,~. ~oo / ~ suao~AO6 CBR 40) SLOPE
FORCE
MAIN
~-1/4" PER Fl
AS REQUIRED
15' MEDIAN ~ 22' -- ~ ~ ~ ,
= = = -- BIKE J 6
(TURN LANES 3", ES
WHEN REQUIRED) t--ASPHALTIC J ~2'~ ~ ~ J WALK
%WATER
LINE
Notes;
1) Asphaltic concrete shall be type s or equal aa approved by the county
bevelOpment enoinee¢.
Major Collector and Arterials
ICollier County Development J Collier County Subdivision
Services Department J Typical Roadway Section
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
Page 29 of 30
Words ..... ,u ..... ~.
.... ~,., are deleted, words underlined are added
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 8qJx day of ~, 2003.
ATTEST:
DWIGHT E. BRO(3K, CLERK
COMMISSIONEI~
By: ~'
Approved as tO fo~ and
~~~ sufficieEc~:
Patrick G. ~ite
Assist~t County Attorney
By:
BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA
TOM HENNIN~
10- '-65
This ordinance fii.~', w!th th~
Secret~ry of S~te's Oi:f-ice t.h~
and ockr, owiedoement of that
filing received this ~ day
Page 30 of 30
Words s~.:'ck t?~cugE are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-55
Which was adopted by the Board of County Commissioners
on the 8th day of October, 2003, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of October, 2003.
DWIGHT E. BROCK ~ ~ ~''
Clerk of Courts a~d Clerk
Ex-officio to Board of ~
County Commissioners
By: Patricia L. Morgan~
Deputy Clerk