Subcommittee Agenda 11/13/2017News Release Posting is forthcoming
For more information please contact Jeremy Frantz at (239) 252-2305 or jeremyfrantz@colliergov.net
Land Development Code
Amendments
- Public Meeting -
Development Services Advisory Committee
Land Development Review Subcommittee
Monday, November 13, 2017
3:00 p.m. – 5:00 p.m.
2800 N. Horseshoe Dr., Naples, FL – GMD Building
Conference Room 609/610
Meeting Purpose:
To obtain a
recommendation
from the
Subcommittee
regarding proposed
LDC Amendments
Agenda:
1. Call to order
2. Approve Agenda
3. Old Business: Approval of June 21, 2017 meeting minutes
4. Review of Amendments to LDC Sections:
a. 4.02.06: Privately Initiated Amendment to Standards for
Development in Airport Zones
b. 2.03.08: Modifications to the RFMUD and Rural Fringe Areas Map
c. 2.03.08 & 3.05.07: Modifications to the provisions of the NBMO
d. 4.02.14: Modifications to the Big Cypress ACSC and 5 zoning maps
e. 1.08.02 & 9.03.03: Re-codifying definition for “nonconforming lot
of record”
f. 4.03.04: Clarifying Procedures for Lot Line Adj. and Lot Splits
g. 10.01.02: Clarifying criteria for EWAs
h. 10.02.13 & 10.03.06: Clarifying PDI approval process
i. 2.03.07, 4.02.01, 4.02.03, 4.02.04 & 4.02.06: Clarifying
dimensional standards for accessory buildings and structures
j. 10.02.09: Removing limits on texts amendments to the LDC
k. 2.03.03 & 2.03.04: Establishing martial arts, gymnastics, and dance
as permitted uses in C-3 zoning district
l. 6.01.05: Requiring soil erosion and sediment control Best
Management Practices for 1&2-family, townhouses, and
underground utility construction
m. 9.04.04: Establishing an exception from an Administrative
Variance for Minor After-the-Fact Encroachments
5. Public comments
6. Adjourn
June 21, 2017
1
MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
Naples, Florida, June 21, 2017
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee – Land Development Review Subcommittee in and for the County of Collier,
having conducted business herein, met on this date at 3:00 PM in a REGULAR
SESSION at the Growth Management Department Building, Room 609/610 2800 N.
Horseshoe Drive, Naples, FL with the following persons present:
Chairman: Clay Brooker
Blair Foley
Robert Mulhere
Brad Schiffer
ALSO PRESENT: Jeremy Frantz, Senior Planner
Richard Henderlong, Principal Planner
Mike Bosi, Zoning Division Director
June 21, 2017
2
Any persons in need of the verbatim record of the meeting may request a copy of the audio recording
from the Collier County Growth Management Division – Planning and Regulation building –Contact
Mr. Evy Ybaceta at 239-252-2400.
1. Call to order
The meeting was called to order at 3:00pm
2. Election of Subcommittee Chairperson
Mr. Foley moved to appoint Clay Brooker as Chairman of the Development Services Advisory
Committee Land Development Review Subcommittee. Second by Mr. Mulhere. Carried
unanimously 4 – 0.
Mr. Brooker chaired the meeting.
3. Approve agenda
Mr. Foley moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 4 – 0.
4. Old Business
None
LDC Amendment 5.05.16
Medical Marijuana Dispensaries
5. New Business
a. Staff presentation to Medical Marijuana Dispensaries LDC Amendment
i. Overview of Public Meeting Schedule
Mr. Henderlong provided an overview of the meeting schedule as follows:
• DSAC-LDR subcommittee: June 21, 2017- 3:00 PM
• DSAC: August 2nd, 2017- Daytime Public Meeting -3:00 PM
• BCC: July 11, 2017- Meeting for additional Board direction
• CCPC: July 31st, 2017- Night Time Public Hearing-5:05 PM
• BCC: September 12th and 26th, 2017 - Time To Be Determined
• Board Moratorium Ends-October 10, 2017
ii. Review of June 9, 2017, statutory revisions
Staff provided the PowerPoint “LDC Amendment 5.05.16 Medical Marijuana Dispensaries”
for information purposes. They provided an overview of the most recent version of the Statute
including:
• Each Medical Marijuana Treatment Center is limited to operating 25 dispensing
facilities statewide until the registered qualified patients exceed 100,000 patients.
Thereafter, an increase can occur at the rate of 5 per 100,000 additional registered
qualified patients.
• Regulation of cultivation, processing, and delivery of marijuana by Medical Marijuana
Treatment Centers is preempted to the state except that;
• A MMTC cultivation or processing facility may not be located within 500 feet of public
or private elementary, middle, or secondary school.
June 21, 2017
3
• A MMTC dispensing facility may not be located within 500 feet of a school except for
when there is held an open public formal proceeding upon which the county determines
the location promotes the public health, safety, and welfare of the community.
• A county or municipality can ban MMTC dispensing facilities from being located
within the county or municipality.
• A county or municipality that does not ban dispensing facilities may not;
▪ Limit the number of dispensing facilities,
▪ Enact an ordinance more restrictive than ordinances permitting or determining
locations for pharmacies, or
▪ Charge a license or permit fee in an amount greater than for pharmacies.
• A county or municipality may determine the location criteria and other permitting
requirements that do not conflict with state law or DOH rule.
• The Statute does regulate the floor plan and interior requirements of a facility, along
with handicap accessibility, signage, hours of operation, security measures, age
restrictions for sales, the type of products allowed to be dispensed and inspection
requirements.
iii. Review of LDC Text Recommendations
Staff reported the County has enacted a ban on the dispensing facilities through October of
2017and is determining if the ban should be extended. A Land Development Code amendment
has been developed for consideration should the ban be lifted. They noted:
• The County is only dealing with Medical Marijuana Dispensary facilities, an arm of a
treatment facility which would not be located in the County.
• The dispensary would be an allowed use in districts with the same permitting and
location criteria as a pharmacy including C-2 – 5 districts and certain zoning overlay
districts.
• Commingling of business uses would not be permitted.
• The facility may not be located within 500 feet of a private or public elementary,
middle, or secondary school (consistent with State Statute).
• Construction of a school after the issuance of a permit for a dispensary would not cause
a non-conformity in the use.
• A waiver of distance separation can be granted by petition upon approval by the BZA at
a public hearing.
• Provisions for a MMD separation distance waiver are added to establish consistency
with the County’s alcoholic beverage distance waiver process and comply with state
Statue.
b. Committee Questions and Initial Feedback
The Subcommittee reviewed the proposed amendment and suggested the following changes be
considered by Staff.
Section 1.08.02 – Definitions – Consider eliminating the definitions and simply cite the Statute for
given the ones listed are taken verbatim from the State’s language.
Section 1.08.02 – Definitions – Medical Marijuana Dispensary – consider changing the language
from “…which is licensed in accordance…” to “…which is licensed and
operated in accordance…”
The Committee recommended the following changes to the text:
June 21, 2017
4
1. Section 5.05.16.A. Medical Marijuana Dispensaries - to read “Medical Marijuana
Dispensaries shall be allowed in any zoning district where pharmacies are a permitted use,
subject to the following standards.”
2. Section 5.05.16.A.1 Medical Marijuana Dispensaries – sentence in line 3 to be revised from
“The distance of 500 feet may be measured as the shortest…” to “The distance of 500 feet
shall be measured as the shortest…”
Speaker
Bill Barton noted the State heavily regulates and approves the uses and the County language mirrors
the State and noted the regulations by the County may not be needed.
It was noted although the amendment may mirror the State Statute, the County would need to provide
the State with a record of approval for the use before the facility is approved by the State.
Additionally, a waiver may need to be approved by the County and having some type of requirements
in place would facilitate the process. The County may also choose to adopt less restrictive standards
than those required for pharmacies in the County.
Mr. Mulhere moved to recommend the Board of County Commissioners, if electing not to ban the
dispensaries in the County, approve the proposed Land Development Code amendment subject to
the 2 recommended text changes shown above. Second by Mr. Foley.
Mr. Schiffer expressed concern on including the language on the BCC “banning” the dispensaries and
recommended the motion be limited to the recommended text changes should the amendment be
considered by the BCC.
Mr. Mulhere amended the motion to, if the Board of County Commissioners wishes to support
medical marijuana dispensary facilities, the proposed amendment to the Land Development Code be
approved subject to the 2 recommended text changes shown above. Second by Mr. Foley. Motion
carried 3 “yes” – 1 “no.”
6. Public comments
None
There being no further business for the good of the County, the meeting was adjourned by the order
of the Chair at 4:07PM.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE - LAND DEVELOPMENT
REVIEW SUBCOMMITTEE
______________________________________
Chairman, Clay Brooker
These Minutes were approved by the Committee on ________________, as presented _______, or as
amended ________.
Page 1 of 2
LDC AMENDMENT REQUEST 1
2
LDC Section(s): 4.02.06.L. Standards for Development in Airport Zones 3
4
Author: Robert J. Mulhere, FAICP, VP Planning Services 5
6
Change: To expressly indentify an exemption (applicable to the Mini Triangle project) to the 7
LDC Airport Zone height limitations, generally utilizing the same format as was previously used 8
to identify an exemption for the Marco Shores Golf Course Community, and to 9
renumber/reformat the related paragraphs. 10
11
Reason: Assuming the GMPA and MPUD are approved by the BCC, the proposed 12
amendments are necessary to: 13
14
Reflect the height exemption (from the applicable Airport Zone building height limitations), 15
so that anyone utilizing the LDC to determine limitations for properties with the designated 16
“Airport Zones” would see that the Mini Triangle has a limited exemption (from the height 17
limitations) and would then understand the need to review the referenced ordinance number 18
for the Mini Triangle MPUD to determine the exact nature of that exemption, 19
20
These proposed LDC Amendment would receive final consideration and approval only after the 21
proposed SSGMPA and MPUD are approved. 22
23
Fiscal & Operational Impacts: There are no specific fiscal impacts or costs associated with 24
the proposed LDC Amendments. However, if the property is developed as permitted under the 25
Mini Triangle Subdistrict there will be a significant return on the taxpayers investment in the 26
CRA via increased tax receipts to the CRA .This is exactly the outcome desired as the end 27
result of creating a CRA and investing an increment of property tax revenues to promote 28
redevelopment and improvement in the CRA. Additionally, as was intended, development within 29
the Mini Triangle will act as a catalyst for further investment and redevelopment in the lager 30
Bayshore Gateway Triangle Redevelopment Area. 31
32
Related Codes or Regulations: This LDC is submitted with companion petitions SSGMPA 33
(PL-20160003084/CPSS) and MPUD (Pl-20160003054) 34
35
Growth Management Plan Impact: The proposed LDC Amendment is necessitated in the 36
event the Mini Triangle Subdistrict and companion MPUD are approved). The proposed change 37
is consistent with that subdistrict and with the overall GMP. 38
39
Amend the LDC as follows: 40
41
4.02.06 - Standards for Development in Airport Zones 42
L. Exemptions. 43
44
1. Development of the Marco Shores Golf Course Community that comports with the 45
location and height requirements of Ordinance No. 81-6, as amended by Ordinance No. 46
85-56 and Ordinance No. 94-41, is exempted from the provisions of section 4.02.06 47
only to the following extent: 48
Page 2 of 2
a. 1. The agreement between Johnson Bay Development Corporation Collier 49
County Airport Authority and the BCC, dated August 8, 1995. 50
b. 2. Prior issuance of a Federal Aviation Administration "Determination Of No 51
Hazard To Air Navigation." 52
2. Development of the Mini-Triangle Subdistrict of the Urban Designation, Urban Mixed 53
Use District of the Growth Management Plan that comports with height requirements of 54
Ordinance 2017- _____, is exempted from the provisions of section 4.02.06 only to the 55
following extent: 56
a. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To 57
Air Navigation", including such letters dated January 1, 2017, or subsequent letters 58
addressing structures within the Mini-Triangle Subdistrict of the Urban Designation, 59
Urban Mixed Use District of the Growth Management Plan. 60
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L:\LDC Amendments\Current Work\Jeremy\GMP Changes\RFMUD\2.03.08 Rural Fringe Zoning Districts 10-9-17.docx
LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division,
Comprehensive Planning Section
LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts
SUMMARY: This amendment modifies provisions related to the Rural Fringe Mixed Use District
and the Rural Fringe Areas map for clarity and compatibility with the Growth Management Plan
(GMP).
DESCRIPTION:
This amendment makes the following four changes to LDC section 2.03.08 A.1.a:
(1) The complete acronym is provided for the Rural Fringe Mixed Use District in the Future
Land Use Element (FLUE) of the Collier County GMP, and notes that it is the designation
in the FLUE. This change provides a distinction between the RFMUD acronym used in the
FLUE and the RFMU District acronym used in the LDC; without such a distinction, the
reader may not know which regulation (FLUE or LDC) is being referenced.
(2) A statement is added that the RFMU District supersedes the underlying “A” zoning district
– which reflects how the County has applied the RFMU District since its adoption in 2004.
(3) An outdated building name is updated with the Growth Management Department in LDC
section 2.03.08 A.1.a.
(4) The Rural Fringe Areas map is modified in LDC section 2.03.08 A.1.a to remove the site
of the Corkscrew Island Neighborhood Center Subdistrict (indicated by the arrow in the
image below) which is the same as the Corkscrew Commercial Center PUD. This change
makes the Rural Fringe Areas map consistent with a past amendment to the FLUE and
Future Land Use Map (Ord. No. 07-78).
Excerpt from proposed Rural Fringe Areas map with location of change indicated:
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This amendment makes the following change to LDC section 2.03.08 A.1.b:
LDC section 2.03.08 A.1.b. is modified to clearly state that the RFMU District is not applicable to
lands not zoned A, Rural Agricultural, and that “expansions” of existing uses refers to on-site
expansions of the use not property expansion to reflect and be consistent with Ordinance 2013-14,
which amended the same language in the FLUE.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts as a result of this
amendment.
GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC section
consistent with the FLUE.
RELATED CODES OR REGULATIONS: Collier County Growth Management Plan, Future
Land Use Element, II. Agricultural/Rural Designation, B. Rural Fringe Mixed Use District, 4.
Exemptions from the Rural Fringe Mixed Use District Development Standards; and, the
countywide Future Land Use Map in the GMP.
Amend the LDC as follows:
1 2.03.08 - Rural Fringe Zoning Districts
2 A. Rural Fringe Mixed-Use District (RFMU District).
3 1.Purpose and scope. The purpose and intent of the RFMU Ddistrict is to
4 provide a transition between the Urban and Estates Designated lands and
5 between the Urban and Agricultural/Rural and Conservation designated lands
6 farther to the east. The RFMU Ddistrict employs a balanced approach, including
7 both regulations and incentives, to protect natural resources and private property
8 rights, providing for large areas of open space, and allowing, in designated
9 areas, appropriate types, density and intensity of development. The RFMU
10 Ddistrict allows for a mixture of urban and rural levels of service, including
11 limited extension of central water and sewer, schools, recreational facilities,
12 commercial uses, and essential services deemed necessary to serve the
13 residents of the RFMU Ddistrict. The innovative planning and development
14 techniques which are required and/or encouraged within the RFMU Ddistrict
15 were developed to preserve existing natural resources, including habitat for listed
16 species, to retain a rural, pastoral, or park-like appearance from the major public
17 rights-of-way, and to protect private property rights.
18 a. Establishment of RFMU Zoning Overlay District. In order to implement the
19 Rural Fringe Mixed Use District (RFMUD) designation in the Future Land
20 Use Element (FLUE) of the GMP, the RFMU District shall be designated
21 as "RFMUO" on the Official Zoning Atlas and is hereby established. The
22 RFMU District supersedes the underlying zoning district where that
23 underlying zoning district is A, Rural Agricultural. The County-wide
24 Future Land Use Map is located in the Future Land Use Element of the
25 GMP or can be obtained at the Community Development Building from
26 the Growth Management Department, located at 2800 N. Horseshoe
27 Drive, Naples, FL 34104. The lands included in the RFMU District and to
28 which this LDC section 2.03.08 apply are depicted by the following map:
29
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L:\LDC Amendments\Current Work\Jeremy\GMP Changes\RFMUD\2.03.08 Rural Fringe Zoning Districts 10-9-17.docx
1 Map to be replaced:
2
3
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1 Map to be added:
2
3 b. Exemptions. The requirements, limitations and allowances of this section
4 shall not apply to, affect or limit the continuation of existing uses. Existing
5 uses shall include: those uses for which all required permits were issued
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L:\LDC Amendments\Current Work\Jeremy\GMP Changes\RFMUD\2.03.08 Rural Fringe Zoning Districts 10-9-17.docx
1 prior to June 19, 2002; , and or, projects for which a Conditional use or
2 Rezone petition has been approved by the County prior to June 19, 2002;
3 , or, projects for which a Rezone petition has been approved by the
4 County prior to June 19, 2002 – inclusive of all lands not zoned A, Rural
5 Agricultural; or, land use petitions for which a completed application has
6 been submitted prior to June 19, 2002. The continuation of existing uses
7 shall include on-site expansions of those uses if such expansions are
8 consistent with or clearly ancillary to the existing uses. Hereafter, such
9 previously approved developments shall be deemed to be consistent
10 with the Plan's Goals, Objectives and Policies and for the RFMUD
11 district, and they may be built out in accordance with their previously
12 approved plans. Changes to these previous approvals shall also be
13 deemed consistent with the Plan's Goals, Policies and Objectives for the
14 RFMUD district as long as they do not result in an increase in
15 development density or intensity.
16 # # # # # # # # # # # # #
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L:\LDC Amendments\Current Work\Jeremy\GMP Changes\NBMO\LDCA 2.03.08C & 3.05.07C NBMO Sec. 24 8-25-17.docx
LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division,
Comprehensive Planning Section
LDC SECTIONS:2.03.08 Rural Fringe Zoning Districts
3.05.07 Preservation Standards
SUMMARY: This amendment modifies provisions related to the North Belle Meade Overlay
specific only to Section 24, Township 49 South, Range 26 East, for compatibility with the Collier
County Growth Management Plan (GMP).
DESCRIPTION:
This amendment makes the following two changes to LDC section 2.03.08 C.:
(1) Adds reference to a Future Land Use Element (FLUE) provision that resulted from a partial
stipulated settlement agreement in 2010; recognizes that FLUE provision, which is specific
to one Section within the North Belle Meade Overlay, as the controlling regulation for that
Section; and, provides that the native vegetation preservation requirement for that Section
is as contained in the FLUE, based upon the settlement agreement.
(2) Corrects numbering and lettering format in LDC section citations.
This amendment makes the following change to LDC section 3.05.07 C.2.:
(1) Corrects a cross-reference to LDC section 2.03.08.
All of these changes make the LDC consistent with a prior amendment to the FLUE and Future
Land Use Map series (Ord. No. 10-49).
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts as a result of this
amendment.
GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC sections
consistent with the FLUE and Future Lands Use Map series.
RELATED CODES OR REGULATIONS: Collier County GMP, Future Land Use Element, V.
Overlays and Special Features, B. North Belle Meade Overlay; North Belle Meade Overlay
Section 24 Map, part of the Future Land Use Map series; and, Conservation and Coastal
Management Element, Policy 6.1.2.
Amend the LDC as follows:
1 2.03.08 - Rural Fringe Zoning Districts
2 C. North Belle Meade Overlay District (NBMO).
3 * * * * * * * * * * * * *
4 5. Additional specific area provisions.
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1 a. Receiving lands.
2 * * * * * * * * * * * * *
3 (4) NBMO rural village. A NBMO rural village shall adhere to the
4 provisions for rural village set forth in section 2.03.08 A.2.b.
5 (A)(2)(b), except as follows:
6 (a)Density. An NBMO rural village shall have a minimum
7 gross density of 1.5 dwelling units per acre and a
8 maximum gross density of three (3) dwelling units per
9 acre.
10 i. The minimum required density shall be achieved
11 through TDR credits, TDR Bonus Credits, and
12 Rural Village Bonus credits , as provided in
13 section 2.03.08 A.2.b.(3)(c) (C).
14 * * * * * * * * * * * * *
15 b. Neutral lands. Neutral lands shall be governed by the standards set
16 forth in LDC section 2.03.08 A.3. (A)(3), with the exception that, in those
17 In addition to standards in section 2.03.08 A.3., neutral lands located in
18 Section 24, Township 49 South, Range 26 East, shall be governed by the
19 North Belle Meade Overlay in the Future Land Use Element of the GMP.
20 Where there is a conflict between provisions, the GMP overlay provisions
21 shall apply. a minimum of 70% of the native vegetation present shall be
22 preserved.
23 # # # # # # # # # # # # #
24
25 3.05.07 Preservation Standards
26 * * * * * * * * * * * * *
27 C. Specific standards for the RFMU district. For Lands within the RFMU district, native
28 vegetation shall be preserved through the application of the following preservation
29 and vegetation retention standards and criteria, in addition to the generally applicable
30 standards and criteria set forth in LDC section 3.05.07 A (above). Further, for the
31 portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee
32 Urban Designated Area, native vegetation shall be preserved on site through the
33 application of the Neutral Lands standards established in LDC section 3.05.07 C.2
34 (below).
35 * * * * * * * * * * * * *
36 2. Neutral lands.
37 a. In neutral lands, a minimum of 60% of the native vegetation present,
38 not to exceed 45% of the total site area shall be preserved.
39 b. Exceptions.
40 i. In those neutral lands located in Section 24, Township 49
41 South, Range 26 East, in the NBMO, native vegetation shall be
42 preserved as set forth in LDC section 2.03.08 DC.5.b.
43 # # # # # # # # # # # # #
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L:\LDC Amendments\Current Work\Jeremy\GMP Changes\ACSC-ST\LDCA 4.02.14 Design Standards ACSC-ST 10-26-17 (For
DSAC-LDR 11-13-17).docx
LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division,
Comprehensive Planning Section
LDC SECTION: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts
ZONING MAPS: 522930, 2033N, 2033S, 2034N, 2034S
SUMMARY: This amendment modifies provisions related to the Big Cypress Area of Critical
State Concern (ACSC) and five zoning maps within Township 52 South, Range 30 East, in order
to ensure consistency with the Growth Management Plan (GMP).
DESCRIPTION:
This amendment makes the following change to LDC section 4.02.14 A.:
(1)Adds an acknowledgement that an agreement may be entered regarding the ACSC
regulations, pursuant to State law.
This amendment makes the following two changes to LDC section 4.02.14 C.:
(1) Adds a list of exotic plant species prohibited specifically within the ACSC that are not
listed in LDC section 3.05.08.
(2) Adds a list of wetland plant species that cannot be destroyed and removes the reference to
all wetland plants as listed by the Florida Department of Environmental Protection.
This amendment makes the following change to zoning atlas maps 522930, 2033N, 2033S, 2034N,
2034S:
(1) Removes the ACSC overlay acronym (“ACSC/”) for all of Sections 27, 28, 33 and 34,
Township 52 South, Range 30 East (See Exhibit A).
All of these changes make the LDC text and zoning maps consistent with a recent amendment to
the FLUE and Future Land Use Map (Ord. No. 17-22).
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts as a result of this
amendment.
GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC section
and zoning maps consistent with the FLUE.
RELATED CODES OR REGULATIONS: Collier County Growth Management Plan, Future
Land Use Element, V. Overlays and Special Features, A. Area of Critical State Concern Overlay;
and, the countywide Future Land Use Map in the GMP.
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DSAC-LDR 11-13-17).docx
Amend the LDC as follows:
1 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts
2 A. All development orders issued within the Big Cypress Area of Critical State Concern
3 Special Treatment Overlay (ACSC-ST) shall comply with the Florida Administrative
4 Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical
5 State Concern, except as provided by Agreement pursuant to Chapter 380.032(3), F.S.
6 * * * * * * * * * * * * *
7 C. Site alteration within the ACSC-ST.
8 * * * * * * * * * * * * *
9 3. Soils exposed during site alteration shall be stabilized and retention ponds or
10 performance equivalent structures or system maintained in order to retain
11 runoff and siltation on the construction site. Restoration of vegetation to site
12 alteration areas shall be substantially completed within 180 days following
13 completion of a development. Revegetation shall be accomplished with
14 preexisting species except that undesirable exotic species shall not be
15 replanted or propagated. Undesirable Eexotic species included are those
16 enumerated in LDC section 3.05.08 of this code and the following:.
17 a) Bishopwood (Bischofia javanica);
18 b) Castor bean (Ricinus communis);
19 c) Common papaya (Carica papaya)
20 d) Common snakeplant (Sanseviera trifasciata);
21 e) Day jessamine (Cestrum diurnum);
22 f) Hunters robe (Raphidophora aurea);
23 g) Queensland umbrella tree (Schefflera actinophylla);
24 h) Trailing wedelia (Wedelia trilobata).
25 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise
26 altered. Plants specifically protected by this regulation include: all wetland
27 plants listed by the Florida DEP in the Florida Administrative Code.
28 a) Red mangrove (Rhizophora mangle);
29 b) Black mangrove (Avicennia nitida);
30 c) White mangrove (Laguncularia racemosa);
31 d) Needlerush (Juncus roemerianus);
32 e) Salt cordgrasses (Spartina alterniflora, S. patens, S. cynosuroides, S.
33 spartinae);
34 f) Seashore saltgrass (Distichlis spicata).
35 # # # # # # # # # # # # #
SR 29BIG CYPRESS NATIONAL PRESERVET52S
T53SR30E36R29E25
31
30
24 19
18
12 7
20
CR837
17
8
US 41
28 27 26CR84121
22
16
9
15
10
23
14
11
R30ER31E25
T53ST52S CR83924
13
12R30E1R29E654CR837321 R30ET52ST51S
R31EFAKAHATCHEE STRAND987
U.S. ROUTE 41 (TAMIAMI TRAIL)
18
21
20
17 16
6 5 4
1110
26
15
22
14
23
3 2
T52S
T51S
R28ER29ECON-ACSC/ST 2
2913S
2033N
2912S
2913N
2033S
2034N
2034S
2032
2029
2022S
2026S
203536
Pu"b"1
A-ACSC/ST
CON-ACSC/ST
NUC 4
CU"23"3,5
CU"22"6
CON-ACSC/STFAKAHATCHEE STATE PARKBIG CYPRESS NATIONAL PRESERVESV 7
V 8
9ST/W-2
9ST/W-1
ST/W-3 9
ST/W-4 9
CU10
SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 52S RNG 29E & 30E
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$522930
5329305228 523132512930
NO. NAME P.B. Pg.
12345678910
ZONING NOTES1 10-23-90 PU-90-19 90-5162 LDC-913 3-24-98 CU-92-16(1) 98-864 4-13-93 NUC-93-1 93-1615 3-23-93 CU-92-16 93-1296 3-8-94 CU-93-18 94-1597 1-24-95 SV-94-4 95-748 12-12-00 V-00-29 00-4609 9-25-12 LDC ORD. 12-3810 1-10-06 CU-03-AR-4647 06-10THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
INDICATES SPECIAL TREATMENT OVERLAY
INDICATES PARK BOUNDARY
R 29 E R 30 E
T 52 S0 4,800
SCALE
8-14-17
SR 29BIG CYPRESS NATIONAL PRESERVET52S
T53SR30E36R29E25
31
30
24 19
18
12 7
20
CR837
17
8
US 41
28 27 26CR84121
22
16
9
15
10
23
14
11
R30ER31E25
T53ST52S CR83924
13
12R30E1R29E654CR837321 R30ET52ST51S
R31EFAKAHATCHEE STRAND987
U.S. ROUTE 41 (TAMIAMI TRAIL)
18
21
20
17 16
6 5 4
1110
26
15
22
14
23
3 2
T52S
T51S
R28ER29ECON-ACSC/ST 2
2913S
2033N
2912S
2913N
2033S
2034N
2034S
2032
2029
2022S
2026S
203536
Pu"b"1
A-ACSC/ST
CON-ACSC/ST
NUC 4
CU"23"3,5
CU"22"6
CON-ACSC/STFAKAHATCHEE STATE PARKBIG CYPRESS NATIONAL PRESERVESV 7
V 8
9ST/W-2
9ST/W-1
ST/W-3 9
ST/W-4 9
CU10
CON - ST
SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 52S RNG 29E & 30E
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$522930
5329305228 523132512930
NO. NAME P.B. Pg.
12345678910
ZONING NOTES1 10-23-90 PU-90-19 90-5162 LDC-913 3-24-98 CU-92-16(1) 98-864 4-13-93 NUC-93-1 93-1615 3-23-93 CU-92-16 93-1296 3-8-94 CU-93-18 94-1597 1-24-95 SV-94-4 95-748 12-12-00 V-00-29 00-4609 9-25-12 LDC ORD. 12-3810 1-10-06 CU-03-AR-4647 06-10THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
INDICATES SPECIAL TREATMENT OVERLAY
INDICATES PARK BOUNDARY
R 29 E R 30 E
T 52 S0 4,800
SCALE
10-3-17
LDCA EXHIBIT "A"DRAFT
3
4
5
6
7
8
1
2
DONA DRIVEEGRET CANALM-29
M-30
C-4
C-5
C-6
C-7
C-8
C-9
C-10
C-11C-12C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-26C-27C-28C-29C-25M-31M-32M-33M-34M-35M -3 6
M -3 7
M -3 8
M -3 9
M -4 0
M -4 1
M -4 2
M 0 4 3 68
M-69
M-70
M-71
M-72
73
98
99
100
101 102 103
104
105
106MAHOGANY DR.CANALSNOOKMAGNOLIA LN.ROYAL PALMTAMIAMI TRAIL (U.S. 41)CANALSATINWOODDRIVE33
33
DRIVE11
1
1
2
2 S.R. 837CON-ST
C4-ST
RSF-4-ST
2
CON-ST
CON-ST
2
2
2
2
2
2
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 52S RNG 30E SEC(S) 33 NO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2033N
2033S2032 2034N522930
NO. NAME P.B. Pg.
1 EVERGLADE SHORES UNIT 1 6 12 KENTUCKYANA ESTATES UNIT 1 9 98345678910
ZONING NOTES1 2 LDC-913 4 5 6 7 8 9 10 SCALE
0 400
THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
LDCA EXHIBIT "A"DRAFT
2
2
2
1
1
1
1
RSF-4-ST
V
CON-ST
33
33
1 DONA DRIVEEGRET CANALCANALARROW HEADMAHOGANY DRIVESATINWOOK DRIVECANALCANALLANEPINE
CANALTARPONSEA GRAPE DRIVESNOOKTORCHWOOD DRIVECANALROYAL PALM DRIVEBUTTONWOOD DRIVECANALC-3
C-2
C-1
192191
190
189
188
187
186
185
184
183
182
181
180179178
177
176
175
174
173
172
171
170
169
168
167166
165
164
163
162
161
160
159
158
157
156
155154153
152
151
150
149
148
147
146
145
144
143
142141
140
139
138
137
136
135
134
133
132
131
130
129 128 127 126 125 124 123 122 121 120
119
118
117
116
115
114
113
112
111
110
109
108
107
97
96
95
94
93
92
91
90
89
88
87
8685
84
83
82
81
80
79
78
77
76
75
7467
66
65
64
63
62
61
60
59
58
57
5655
54
53
52
51
50
49
48
47
46
45
44
28
27
26
25
24
23
22
21
20
19
18
17
16
15
14
13
12
11
10
9
8
7
6
5
4
3
2
1
12
11
10
9
2
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 52S RNG 30E SEC(S) 33 SO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2033S
5329302032 2034S2033N
NO. NAME P.B. Pg.
1 EVERGLADE SHORES UNIT 1 6 12 KENTUCKYANA ESTATES UNIT 1 9 98345678910
ZONING NOTES1 8-6-85 V-84-28C 85-167 (MIN LOT REQ.)2 LDC-913 4 5 6 7 8 9 10 SCALE
0 400
THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
LDCA EXHIBIT "A"DRAFT
POST OFFICEOCHOPEE
HD 2
1
1
1 1
1 1 TAMIAMI TRAIL (U.S. 41)
34
34
CON-STS.R. 83726
25
24
23
22
21
20
19
18
17
1610
9
8
7
6
5
4
3
2
1
32313029282726252423
22 21 20 19 18 17 16 15 14 13 12
1110987654321
ALLEY
OSPREY CANALDONA DRIVE1
2
3
9
8
7
6
5
4
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 52S RNG 30E SEC(S) 34 NO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2034N
2034S2033N 203536522930
NO. NAME P.B. Pg.
1 KENTUCKYANA ESTATES UNIT 1 9 982345678910
ZONING NOTES1 LDC-912 9-27-94 HD-94-1 94-7063 4 5 6 7 8 9 10 SCALE
0 400
THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
LDCA EXHIBIT "A"DRAFT
1
11
3434
CON-ST
15
14
1312
11
OSPREY CANALDONA DRIVE18
17
16
15
14
13
12
11
10
35
34
33
32
31
30
29
28
27
26
25
24
23
22
21
20
19
11
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 52S RNG 30E SEC(S) 34 SO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2034S
5329302033S 3035362034N
NO. NAME P.B. Pg.
1 KENTUCKYANA ESTATES UNIT 1 9 982345678910
ZONING NOTES1 LDC-912 3 4 5 6 7 8 9 10 SCALE
0 400
THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
LDCA EXHIBIT "A"DRAFT
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1
L:\LDC Amendments\Current Work\Rich\Nonconforming lot of record\1.08.02 Definitions 10-23-17.docx
Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Planning and Zoning Division Staff
LDC SECTION: 1.08.02 Definitions
9.03.03 Types of Nonconformities
SUMMARY: This amendment reinstates the definition for a “nonconforming lot of record” as
previously codified by Ordinance 91-102 and amended by Ordinance 99-6.
DESCRIPTION: During recodification of the LDC in 2004, the definition of a “nonconforming
lot of record” as defined by Ordinance 91-102 and later by Ordinance 99-6, was replaced with
regulatory actions that are duplicated in LDC section 9.03.03 A.4.
In review of LDC section 9.03.03 A.4, staff has determined it is not necessary for an additional
requirement that a separate legally binding document be recorded prior to the combing of two or
more adjacent non-conforming lots for development. The permit is a legally binding document
and cannot be approved unless there is a legal description of a unified parcel, approved by the
County, prior to the issuance of a building permit.
Lastly, the amendment shall clarify once the nonconforming lots are combined and approved by
the County as a unified parcel, the property cannot be subsequently split or subdivided to create
another nonconforming parcel.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts anticipated
with this amendment.
GROWTH MANAGEMENT PLAN IMPACTS: There are no growth management plan
impacts associated with this amendment.
Amend the LDC as follows:
1.08.02 Definitions 1
* * * * * * * * * * * * * 2
Nonconforming lot of record: When two or more adjacent legal nonconforming lots of 3
record are either combined under a single folio or parcel number for taxing purposes by the 4
property appraiser's office or combined as a single parcel by recording the previously separate 5
non-conforming lots into one legal description, neither or both of these actions will prohibit the 6
owner or future owners from subsequently splitting the parcel into two or more folio or parcel 7
numbers for tax purposes, or severing the parcels into their former legal descriptions as legal 8
non-conforming lots of record according to the original legal description(s) at the time the 9
property was recognized as legal nonconforming. Prior to any two or more adjacent, legal 10
non-conforming lots being combined for development a legally binding document must be 11
recorded to reflect a single parcel with a unified legal description. Once such a document has 12
been recorded to amend the legal description and a development permit has been approved by 13
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2
L:\LDC Amendments\Current Work\Rich\Nonconforming lot of record\1.08.02 Definitions 10-23-17.docx
the County for development as that unified parcel, the property cannot be split or subdivided 1
except as may then be allowed by this Code. Any lawful lot or parcel which was recorded, or 2
for which an agreement for deed was executed, prior to the effective date of this Code, and 3
which lot or parcel does not meet the minimum width or lot area requirements as a result of the 4
passage of this Code shall be considered as a legal nonconforming lot and shall be eligible for 5
the issuance of a building permit provided all the other requirements of this Code and the 6
Florida Statues are met. This definition also includes any lot or parcel made nonconforming 7
by a rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance 8
Number 90-23 (1990). 9
# # # # # # # # # # # # # 10
11
9.03.03 Types of Nonconformities 12
A. Nonconforming lots of record. In any district, any permitted or permissible structure 13
may be erected, expanded, or altered on any lot of record at the effective date of 14
adoption or relevant amendment to the LDC. 15
* * * * * * * * * * * * * 16
4. When two or more adjacent legal nonconforming lots of record are either 17
combined under a single folio or parcel number for taxing purposes by the 18
property appraiser's office, or combined as a single parcel by recording the 19
previously separate non-conforming lots into one legal description, neither or 20
both of these actions will prohibit the owner or future owners from subsequently 21
splitting the parcel into two or more folio or parcel numbers for tax purposes, or 22
severing the parcels into their former legal descriptions as legal nonconforming 23
lots of record according to the original legal description(s) at the time the 24
property was recognized as legal nonconforming . Prior to any two or more 25
adjacent legal non-conforming lots being combined for development, a legally 26
binding document must be recorded to reflect a single parcel with a unified legal 27
description. Once such a document has been recorded to amend the legal 28
description and a development permit has been approved by the County for 29
development as that a unified parcel that combined the nonconforming lots, 30
the property cannot be split or subdivided except as may then be allowed by this 31
Code. 32
5. Nonconforming Corner Lots. Corner lots of record which existed prior to the 33
date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and 34
which do not meet minimum lot width or area requirements established in the 35
LDC, shall be required to provide only one full depth front yard. The full depth 36
front yard requirement shall apply to the front yard which has the shorter or 37
shortest street frontage. The setback requirement for the remaining front 38
yard(s) may be reduced to 50 percent of the full front yard setback requirement 39
for that district, exclusive of any road right-of-way or road right-of-way 40
easement. For setbacks for Estates (E) zoning district, see LDC Ssection 41
2.03.01. 42
# # # # # # # # # # # # # 43
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L:\LDC Amendments\Current Work\Rich\Lot Line Adjustment and Lot Split\4 03 04 Lot Line Adjustment and Lot Split 10-23-17.docx
Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Planning and Zoning Division Staff
LDC SECTION: 4.03.04 Lot Line Adjustment and Lot Split
SUMMARY: This amendment shall clarify the review and timely recording procedure for both
lot line adjustments and lot splits, and to expand lot split approvals to occur in all zoning districts.
DESCRIPTION: LDC section 4.03.04 sets forth the procedures and conditions to obtain a lot line
adjustment and lot split. Currently, lot splits are limited to the Rural Agricultural (A) and Estates
(E) zoning districts. This has resulted in staff being unable to process an application for a lot split
that would otherwise meet the minimum dimensional, area, and access requirements to the lot in
other zoning districts. Because the division of property into two lots does not meet the definitional
requirement of a “subdivision” that creates three or more lots, a property owner under any zoning
district should be able to split the property one time, without incurring an added expense of platting
the lot when all other code requirements have been satisfied. However, for a lot split approval of
a platted lot that meets all code requirements, a Plans and Plat (PPL) amendment is required.
Furthermore, the amendment resolves a problem related to the timely filing of the lot split change
with the proper offices of the County. After staff has given an approval for a lot split change, some
applicants have subsequently sold property without filing the lot split change with the Property
Appraiser Office, Clerk of Courts and the County. The failure to file within a timely manner has
caused incorrect property identification, addressing, and taxation notices. By requiring the timely
filing of the approval within 12 months, the amendment establishes an effective date and the
Growth Management Department and Property Appraiser will be able to assign a new property
address and/or parcel identification number.
This amendment also includes a cross reference to LDC section 4.03.06 access easement standards
for Golden Gate Estates lot divisions.
Lastly, the amendment relocates duplicative procedures to a new LDC section 4.03.04 A.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts
anticipated with this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
4.03.04 Lot Line Adjustment and Lot Split 1
A. Generally. Only lot line adjustments or lot split requests meeting the applicable land 2
development regulations, specifically including the minimum lot area and lot 3
dimensions for the existing zoning district, may be approved, but approval does not 4
become effective until evidence of the County approved lot split or lot line adjustment is 5
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2
L:\LDC Amendments\Current Work\Rich\Lot Line Adjustment and Lot Split\4 03 04 Lot Line Adjustment and Lot Split 10-23-17.docx
also provided to the Property Appraiser or Clerk of Courts. The lot line adjustment or lot 1
split shall be recorded with the Clerk of Courts within 12 months of approval by the 2
County Manager or designee, and a copy of the recorded document shall be provided to 3
the Growth Management Department. 4
AB. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels 5
which may be platted or unplatted and which are under separate ownership or the same 6
ownership shall be exempt from this section if all of the following conditions are met. The 7
Administrative Code shall establish the procedures and submittal requirements for 8
obtaining a lot line adjustment. The lot line adjustment shall be recorded with the Clerk 9
of Courts within 12 months of approval by the County Manager or designee. 10
1. It is demonstrated that the request is to correct an engineering or surveying error 11
in a recorded plat or is to permit an insubstantial boundary change between 12
adjacent parcels; and 13
2. Both landowners whose lot lines are being adjusted provide written consent to 14
the lot line adjustment; and 15
3. Instrument(s) evidencing the lot line adjustment shall be filed in the official 16
records of Collier County, Florida, upon approval, and shall indicate that the 17
result of the lot line adjustment will meet the standards of, and conforms to, the 18
requirements of this LDC, including the dimensional requirements of the zoning 19
district and the subdivision in which the lots are located. However, in cases of 20
an existing nonconforming lot of record, the adjustment shall not increase the 21
nonconformity of the lot; and 22
4. It is demonstrated that the lot line adjustment will not affect the development 23
rights or permitted density or intensity of use of the affected lots by providing the 24
opportunity to create a new lot(s) for resale or development. 25
BC. Lot Split. All lots must have frontage on a public or private right-of-way, with the 26
exception of 1 one division of a single platted lot or otherwise established lot of record 27
in the Rural Agricultural or Estates zoning district into 2 two lots. Any such lot split may 28
utilize an access easement to satisfy access, and frontage requirements for the lot 29
which would not otherwise have street frontage. 30
1. The width of such access easement may not be less than 12 feet and may be 31
required to be wider at the discretion of Collier County staff, to accommodate 32
safe access and turning movements, stormwater drainage pipes and the like. 33
Access easement standards for Golden Gate Estates lot divisions shall be per 34
LDC section 4.03.06. 35
2. The number of access points to a public right-of-way shall not be increased as 36
a result of the lot split if, in the opinion of the county staff, safe and sufficient 37
access may be accomplished with fewer access points than existed prior to the 38
proposed lot split. 39
3. The access easement will create a front yard for setback purposes for all lots 40
abutting the access easement. In cases where access is presently provided by 41
an access easement to existing lots of record in any zoning district which are 42
not part of a recorded or unrecorded subdivision, this easement will serve to 43
satisfy access and frontage requirements for those lots, and yards abutting 44
the easement will be considered front yards for setback purposes. 45
4. Application. The further split or division of a lot, parcel, or any lot of record into 46
2 two proposed parcels must be reviewed and approved by the County prior to 47
any subsequent development orders or development permits issued or 48
approved. 49
a. The Administrative Code shall establish the procedures and submittal 50
requirements for obtaining a lot split. 51
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L:\LDC Amendments\Current Work\Rich\Lot Line Adjustment and Lot Split\4 03 04 Lot Line Adjustment and Lot Split 10-23-17.docx
b. Appropriate access to the resulting parcels from the public road network 1
shall be demonstrated, and where necessary, may require appropriate 2
easements for joint or cross access to be recorded before an approved 3
lot split becomes effective. 4
c. Only lot split requests meeting the applicable land development 5
regulations, specifically including the minimum lot area and lot 6
dimensions for the existing zoning district, may be approved, but do not 7
become effective until evidence of the County approved lot split is also 8
provided to the Property Appraiser or Clerk of Courts for their 9
consideration and record-keeping, as may be applicable. 10
D. The Administrative Code shall establish the process and application submittal 11
requirements to obtain a lot line adjustment or lot split. 12
# # # # # # # # # # # # # 13
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1
L:\LDC Amendments\Current Work\Rich\Legal sufficiency of EWA permit\10.01.02 Development Orders Required- delete B.2.g - 7-
27-17.docx 10/23/2017
Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Development Review Division Staff
LDC SECTION: 10.01.02 Development Orders Required
SUMMARY: This amendment proposes to remove the requirement for a determination of legal
sufficiency for an Early Work Authorization permit (EWA) agreement.
DESCRIPTION: Prior to 2005, in order to commence development prior to the final approval of
a development order, a preliminary work authorization in the form established by the County
Attorney as a binding agreement that was executed by the Board. Ordinance 2005-12 created an
EWA permit that was required to be deemed legally sufficient by the County Attorney’s Office
and approved administratively by the County Manager or his designee.
Since 2005, EWA permits have been routinely administered by the County Manager or his
designee without requiring the Board to execute an agreement. Because Board approval is no
longer required, legal review of the permit is not necessary.
Instead, as set forth in the Administrative Code, Chapter 4.D, an applicant submits an application
to obtain a EWA permit. If the petition is deemed complete and meets the criteria identified in
LDC section 10.01.02 B, the County Manager or designee (Engineering Services Division) issues
a letter of approval and holds a pre-construction meeting prior to commencement of work.
Since 2005, EWA permits have been routinely administered by the County Manager or his
designee without requiring the Board to execute an agreement. Because Board approval is no
longer required, legal review of the permit is not necessary.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts anticipated
with this amendment.
GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
10.01.02 - Development Orders Required
1 * * * * * * * * * * * * *
2
3 B. Early Work Authorization (EWA). An EWA permit allows for limited development
4 activities before a development order is issued provided all underlying zoning approvals
5 are in place. The Administrative Code shall establish the submittal requirements to
6 obtain an EWA permit.
7 * * * * * * * * * * * *
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1 2. The County may issue an EWA permit for the allowed activities, subject to
2 demonstrated compliance with the following criteria, as applicable:
3 a. The proposed vegetation removal complies with LDC section 3.05.05 O;
4 b. County right-of-way permit has been approved;
5 c. A determination of native vegetation to be retained for landscaping which
6 would comply with LDC section 4.06.00;
7 d. An excavation permit has been approved;
8 e. A Soil Erosion and Sediment Control Plan demonstrating compliance with
9 the provisions of LDC section 6.01.05;
10 f. Copies of all approved Agency permits being submitted, including, but not
11 limited to: SFWMD, ACOE, USFWS, and FFWCC;
12 g. Determination of legal sufficiency of the EWA permit by the County
13 Attorney's Office;
14 h g. A vegetation bond in the form of a performance bond, letter of credit, or
15 cash bond and in the amount of $2,000.00 per acre is posted for
16 stabilization with vegetation in accordance with LDC section 4.06.04 A.3;
17 i h. Assurance that all underlying zoning approvals are in place (e.g. PUD,
18 C.U., etc.);
19 j i. The EWA permit is valid for 60 days with the possibility of two 60-day
20 extensions dependent on the reason for the inability to gain proper
21 approvals. After that time, cleared areas must be graded off and hydro-
22 seeded. Where more time is needed, a new EWA may be requested;
23 k j. All preliminary construction activities are at the risk of the developer.
24 # # # # # # # # # # # # #
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures
10.03.06 Public Notice and Required Hearings for Land Use Petitions
SUMMARY: This amendment adds a requirement for PUD insubstantial changes (PDIs) and
PUD minor changes (PMCs) to be heard by the Board of County Commissioners (Board) to
approve the ordinance amendment.
DESCRIPTION: Currently, PMCs may be approved by the County Manager or designee or the
Hearing Examiner (HEX), and PDIs require a hearing by the Collier County Planning Commission
(CCPC). However, the Office of the Collier County Clerk of Courts recently questioned this
process, suggesting the approval of an insubstantial change constitutes an amendment to an
ordinance. It was noted that only the Board can modify an ordinance.
As a result, at the June 13, 2017, Board meeting (Agenda Item 16.A.14), staff was directed to
develop amendments to the LDC and Administrative Code for Land Development to require
insubstantial changes to PUDs be brought to the Board for affirmation of the approval and
ordinance amendment. Staff was also directed to begin implementing this policy prior to the
adoption of the LDC amendment.
This amendment modifies the procedures for PDIs and PMCs in LDC section 10.02.13 E to require
PDIs and PMCs to be heard by the Board for ordinance amendment. This requires one hearing on
the Board’s summary agenda and required advertising. However, if there is an objector, these items
will be placed on the regular agenda as an advertised public hearing. LDC section 10.03.06 H
requires the following advertising for a PDI: one Neighborhood Information Meeting, mailed
notice, newspaper advertisement, and posting of a sign. Procedures for a Boat Dock Facility
Extension, Boathouse Establishment, or Boat Dock Canopy Deviation, which are currently
combined with procedures for PDIs, are relocated to new LDC section 10.03.06 Z for clarity. For
a PMC, LDC section 10.03.06 T requires a newspaper advertisement (or a mailed notice for PMCs
to remove affordable housing commitments).
Additionally, with the adoption of the Administrative Code in 2013, public hearings for PDIs were
assigned to the HEX. However, this assignment has not been codified in LDC section 10.02.13
E.2. This amendment clarifies that PDIs may be heard by the HEX, to reflect the current policy.
Finally, since the Board will review all PMCs, it is unnecessary to add an additional hearing before
the HEX when an objection to the removal of affordable housing commitments is received.
However, the mailed notice requirement for PMCs removing affordable housing commitments is
not changed.
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FISCAL & OPERATIONAL IMPACTS: Fiscal impacts to applicants include increased costs
associated with an additional Board hearing and required advertisements for PDIs and PMCs.
Operational impacts to the County include increased staff time required to bring PDIs and PMCs
to an additional hearing before the Board. As an illustration of the frequency of these requests,
between 2015 and 2016, the County received 30 PDI and 7 PMC applications.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
1
10.02.13 Planned Unit Development (PUD) Procedures 2
* * * * * * * * * * * * * 3
E. Changes and amendments. There are three types of changes to a PUD Ordinance: 4
Substantial, Insubstantial, and Minor. 5
* * * * * * * * * * * * * 6
2. Insubstantial change determination. An insubstantial change includes any 7
change that is not considered a substantial or minor change. An insubstantial 8
change to an approved PUD Ordinance shall be based upon an evaluation of 9
LDC subsection 10.02.13 E.1 and shall require the review and approval of the 10
Hearing Examiner or Planning Commission, and ordinance amendment by the 11
Board of County Commissioners. The Hearing Examiner decision, Planning 12
Commission approval, and ordinance amendment by the Board of County 13
Commissioners, as applicable, shall be based on the findings and criteria used 14
for the original application and be an action taken at a regularly scheduled 15
meeting. 16
a. The applicant shall provide the Planning and Zoning Department Director 17
documentation which adequately describes the proposed changes as 18
described in the Administrative Code. 19
3. Minor changes. The following are considered minor changes, and may be 20
approved by the County Manager or designee under the procedures established 21
in the Administrative Code. Minor changes shall also require review and approval 22
of the Board of County Commissioners by ordinance amendment. 23
a. Educational and ancillary plants exception. When a PUD is amended 24
for the sole purpose of adding an Educational and/or ancillary plant, 25
that PUD will not be subject to the review process outlined in LDC section 26
10.02.13 E.1. The review conducted will be limited to the impacts that the 27
Educational or ancillary plant will have on the surrounding uses. 28
b. The County Manager or designee shall also be authorized to allow minor 29
changes to the PUD master plan during its subdivision improvements 30
plan or site development plan process to accommodate topography, 31
vegetation and other site conditions not identified or accounted for during 32
its original submittal and review and when said changes have been 33
determined to be compatible with adjacent land uses, have no impacts 34
external to the site, existing or proposed, and is otherwise consistent with 35
the provisions of this code and the growth management plan. Such 36
changes shall include: 37
i. Internal realignment of rights-of-way, including a relocation of 38
access points to the PUD itself, where no water management 39
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facility, conservation/preservation areas, or required easements 1
are affected or otherwise provided for. 2
ii. Relocation of building envelopes when there is no encroachment 3
upon required conservation or preservation areas. 4
iii. Relocation of swimming pools, clubhouses, or other recreation 5
facilities when such relocation will not affect adjacent properties 6
or land uses. 7
iv. Relocation or reconfiguration of lakes, ponds, or other water 8
facilities subject to the submittal of revised water management 9
plans, or approval of the EAC where applicable. 10
c. Minor changes of the type described above shall nevertheless be 11
reviewed by appropriate staff to ensure that said changes are otherwise 12
in compliance with all county ordinances and regulations prior to the 13
Planning and Zoning Department Director's County Manager or 14
designee’s consideration for approval. 15
cd. Affordable housing commitments. Beginning October 3, 2012, the County 16
Manager or designee shall be authorized to make minor text changes to 17
remove affordable housing commitments to pay an affordable housing 18
contribution in PUDs, Development Agreements, and Settlement 19
Agreements. if the following conditions are met: 20
i. The applicant notices property owners in writing in accordance 21
with LDC section 10.03.06 T. 22
ii. If no written objection is received, the request to remove 23
commitments is deemed approved. 24
iii. If a property owner who receives notice submits a written 25
objection within 30 days of mailing of the notice, the matter shall 26
be scheduled for public hearing before the Board of County 27
Commissioners. Public notice shall comply with LDC sections 28
10.03.05 and 10.03.06. 29
# # # # # # # # # # # # # 30
31
10.03.06 Public Notice and Required Hearings for Land Use Petitions 32
* * * * * * * * * * * * * 33
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse 34
Establishment, or Boat Dock Canopy Deviation: 35
1. The following advertised public hearings are required: 36
a. One Planning Commission or Hearing Examiner hearing. 37
b. One BCC hearing for ordinance amendment. 38
2. The following notice procedures are required: 39
a. For a PDI, aA NIM. See LDC section 10.03.05 A. However, upon written 40
request by the applicant, the Hearing Examiner has the discretion to 41
waive the NIM after the first set of staff review comments have been 42
issued. 43
b. Mailed Notice prior to the advertised public Planning Commission or 44
Hearing Examiner hearing. 45
c. Newspaper Advertisement prior to the advertised public hearing. 46
d. Posting of a sign prior to the advertised public Planning Commission or 47
Hearing Examiner hearing. 48
* * * * * * * * * * * * * 49
T. Minor Change to a PUD. to remove affordable housing contributions, pursuant to LDC 50
section 10.02.13 E.3.c. 51
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1. The following notice procedures are required: 1
a. For minor changes to remove affordable housing contributions: 2
i. Mailed Notice, sent by the applicant. 3
ii. Newspaper advertisement prior to the advertised public hearing. 4
b. For other minor changes: 5
i. Newspaper advertisement prior to the advertised public hearing. 6
2. The following advertised public hearings may be is required: 7
a. If a written objection is received, one One BCC or Hearing Examiner 8
hearing for ordinance amendment. 9
* * * * * * * * * * * * * 10
Z. Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy 11
Deviation: 12
1. The following advertised public hearing is required: 13
a. One Hearing Examiner or Planning Commission hearing. 14
2. The following notice procedures are required: 15
a. Mailed Notice prior to the advertised public hearing. 16
b. Newspaper Advertisement prior to the advertised public hearing. 17
c. Posting of a sign prior to the advertised public hearing. 18
# # # # # # # # # # # # # 19
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Exhibit A
G.3 . PUD Insubstantial Change
Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 H.
Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the
thresholds in LDC section 10.02.13 E.
Pre-application A pre-application meeting is required.
Initiation The applicant files an application for an “Insubstantial Change Tto a PUD Master Plan
(PDI)” with the Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. PUD Ordinance and Development Commitment information .
4. A legal or graphic description of the area of amendment. This may be graphically
illustrated on the Amended PUD Master Plan. If the amendment involves only part
of the PUD, provide a legal description for the subject portion.
5. A narrative and detailed description of the amendment and why it is necessary, with
responses to the criteria listed under LDC section 10.02.13 E.1.
6. An analysis of whether the amendment complies with the Growth Management
Plan.
7. Whether a public hearing was held for the property within the year preceding the
application. If this has occurred, include the applicant’s name.
8. Whether any part of the has been sold or developed, and whether the proposed
changes involve those areas.
9. Current and revised Master Plans, along with a reduced copy of each, describing the
proposed changes of the following:
• Land use;
• Densities;
• Infrastructure;
• Open space, preservation or conservation areas;
• Area of building square footage proposed for nonresidential development;
• Change in potential intensity of land use and related automobile trip
movements; and
• Relationships to abutting land uses.
10. Addressing checklist.
11. An 8½ in. x 11 in. graphic location map of the site.
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Exhibit A
12. Pre-application meeting notes.
13. Owner/agent affidavit as to the correctness of the application. Affidavit of
Authorization.
14. Electronic copies of all documents.
Completeness and
Processing
The Planning & Zoning Division will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before each advertised public
hearing. The NIM shall be advertised and a mailed written notice shall be given to
property owners in the notification area at least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised public hearing Hearing Examiner hearing in a newspaper
of general circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
4. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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Exhibit A
Public Hearing 1. The Hearing Examiner or CCPC shall hold at least 1 one advertised public hearing.
See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
2. The BCC shall hold at least one advertised public hearing for ordinance amendment.
Decision maker The Hearing Examiner. The BCC.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will
prepare a Staff Report utilizing the criteria identified in LDC subsection 10.02.13 E, to
present to the Office of the Hearing Examiner for a decision.
The Hearing Examiner or CCPC will approve, approve with conditions, or deny the
application utilizing the criteria in LDC subsection 10.02.13 E.
The BCC will approve, approve with conditions, or deny the application utilizing the
criteria in LDC subsection 10.02.13 E.
Updated [Resolution No. 2018-XX]
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Exhibit A
G.4. PUD Minor Change
Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 T.
Applicability The following are considered minor changes:
1. Educational and ancillary plants. These include PUD master plans that are amended
for the sole purpose of adding an educational and/or ancillary plant.
2. Removal of Affordable Housing Contributions. The County Manager or designee may
allow minor text changes to remove affordable housing commitments to pay an
affordable housing contribution in PUDs, Development Agreements, and Settlement
Agreements. Conditions are identified in LDC subsection 10.02.13 E.
3. Minor Changes during Construction. The County Manager or designee may allow
minor changes to the PUD Master Plan during its subdivision improvements plan or
site development plan process to accommodate topography, vegetation and other
site conditions not identified or accounted for during its original submittal and review
and when said changes have been determined to be compatible with adjacent land
uses, have no impacts external to the site, existing or proposed, and is otherwise
consistent with the provisions of this code and the growth management plan. These
changes include the following:
• Internal realignment of rights-of-way, including a relocation of access points
to the PUD itself, where no water management facility,
conservation/preservation areas, or required easements are affected or
otherwise provided for;
• Relocation of building envelopes when there is no encroachment upon
required conservation or preservation areas;
• Relocation of swimming pools, clubhouses, or other recreation facilities that
do not affect adjacent properties or land uses; and
• Relocation or reconfiguration of lakes, ponds, or other water facilities
subject to the submittal of revised water management plans or approval of
the EAC where applicable.
Pre-application A pre-application meeting is not required.
Initiation The applicant files a “Minor Change to a PUD Master Plan or Text (PMC)” application with
the Planning & Zoning Department Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. PUD Ordinance and Development Commitment information .
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Exhibit A
4. A legal or graphic description of the area of amendment. This may be graphically
illustrated on the Aamended PUD Master Plan. If the amendment involves only part
of the PUD, provide a legal description for the subject portion.
5. The current PUD Master Plan, See Chapter 3 G.1 of the Administrative Code for
requirements and the changes in potential intensity of land use, cha nges in trips and
relationships to abutting land uses.
6. Include any previously revised Master Plans.
7. A narrative and detailed description of the map change and reason for request.
8. An analysis of whether the amendment complies with the Growth Management Plan .
9. Whether a public hearing was held for the property within the year preceding the
application. If this has occurred, include the applicant’s name and number.
10. Whether any part of the PUD has been sold or developed, and whether the proposed
changes involve those areas.
11. For removal of affordable housing commitments, a completed Letter to Property
owners as identified in the application.
12. Addressing checklist.
13. An 8½ in. x 11 in. graphic location map of the site.
14. Owner/agent affidavit as to the correctness of the application. Affidavit of
Authorization.
15. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Department Division will review the application for completeness.
After submission of the completed application packet accompanied with the required fee,
the applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows for Removal of Affordable Housing Contributions:
See Chapter 8 of the Administrative Code for additional notice information.
For removal of affordable housing contributions:
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner public hearing.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
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Exhibit A
For other minor changes:
1. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or
minor changes to a PUD Master Plan during construction. A hearing before the BCC
for ordinance amendment, pursuant to LDC subsection 10.02.13 E.
2. A hearing before the Hearing Examiner may be required to remove affordable
housing contributions, pursuant to LDC subsection 10.02.13. E.
Decision maker The County Manager or designee or the Hearing Examiner. The BCC.
Review Process Minor changes are reviewed by the Planning & Zoning Department Division staff and may
be approved by the County Manager or designee.
If a public hearing is required to remove Affordable Housing Contributions, Staff will
prepare a Staff Report and Staff will schedule a hearing date before the Hearing Examiner
to present the petition for review.
The BCC will approve, approve with conditions, or deny the application utilizing the
criteria in LDC subsection 10.02.13 E.
Appeals Administrative appeals shall be in accordance with the Code of Laws section 250-58.
Updated [Resolution No. 2018-XX]
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Land Development Code Amendment Request
ORIGIN: Board of Zoning Appeals and Growth Management Department Staff
AUTHOR: Growth Management Department Staff
LDC SECTIONS: 2.03.07 Overlay Zoning Districts
4.02.01 Dimensional Standards for Principal Uses in Base Zoning
Districts
4.02.03 Specific Standards for Location of Accessory Buildings and
Structures
4.02.04 Standards for Cluster Residential Design
4.02.06 Standards for Development in Airport Zones
SUMMARY: This amendment reorganizes the dimensional standards tables for accessory
structures to clarify several provisions and highlight swimming pool and screen enclosure
setbacks.
DESCRIPTION:
Changes to LDC section 2.03.07
This amendment removes references to tables that are removed by this amendment’s changes to
LDC section 4.02.04.
Changes to LDC section 4.02.01
This amendment expands the allowance for setback encroachments for permanent emergency
generators from single-family residences only, to include multi-family and non-residential
buildings. This change represents staff’s current application of setbacks to permanent emergency
generators for multi-family and non-residential buildings.
Changes to LDC section 4.02.04
Currently, setbacks for accessory buildings and structures are located within two tables that are
difficult to use and contain inconsistencies and missing information. This amendment merges the
tables into one for clarity and usability and includes the following changes:
1. Carports: Currently the tables identify the same setbacks for carports and parking garages.
However, LDC section 4.02.01 D.12 allows setback encroachments for carports which are
open on all sides in commercial, industrial, and multi-family residential developments.
This amendment separates carports from parking garages in the table, includes a cross-
reference to LDC section 4.02.01 D.12., and identifies the same standards apply to two-
family units for clarity. Additionally, the rear setback for commercial, industrial, and multi-
family carports is changed from “35 feet” to “SPS” for consistency with the rear setback
for one-story and multi-story parking structures, as described in the next section.
2. One-story and multi-story parking structures: The following two changes to the
required setbacks for one-story and multi-story parking structures are included:
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a) One-story and multi-story parking structures are currently listed separately, but have
the same required setbacks, except for the structure to structure setbacks which are
as follows:
• One-story parking structures: 10 feet
• Multi-story parking structures: 1 foot of accessory height = 1 foot of
building separation (1/1)
Since one-story parking structures are typically 10 feet in height or less, these two
standards are effectively the same. Additionally, any one-story parking structure that
is more than 10 feet in height should have the same structure to structure setback as
any other parking structure that is more than 10 feet in height. Therefore, this
amendment combines these two items in the table and modifies the structure to
structure setback to “1/1 with a minimum of 10 feet.”
b) Currently the rear setback for one- or multi-story parking structures on non-
waterfront and non-golf course lots is 35 feet. However, the rear setback on
waterfront or golf course lots are the same as the principal structure (SPS).
Additionally, a 35-foot rear setback is greater than the rear setback for the principal
structure in several zoning districts. Therefore, the rear setbacks for one- and multi-
family parking structures on non-waterfront and non-golf course lots are changed
from “35 feet” to “SPS.”
3. Parking garage (one- and two-family): Currently, only setbacks for detached parking
garages for single-family units are identified, while two-family units that include detached
parking garages are not listed. This amendment codifies the same setback for detached
parking garages whether the principal structure is a one-family or two-family use,
consistent with staff’s current application of this section.
4. Permanent emergency generators: Currently, the side setback for permanent emergency
generators includes a cross-reference to LDC section 4.02.01 D.13, which allows
encroachments of up to 36 inches into the side setback. However, the setback itself is not
identified. This amendment clarifies that the side setback for permanent emergency
generators is the same as the principal structure (SPS) and references LDC section 4.02.01
D.13.
5. Tennis courts (private) (one- and two-family): The “(private)” designation is removed
from tennis courts for one- and two-family. Public tennis courts are not an accessory use
to one- and two-family structures so the distinction is unnecessary.
6. Trellises, arbors, and similar structures: Trellises, arbors, and similar structures are not
currently listed in the tables. Instead, staff uses a 2007 memo when applying setbacks to
these structures (Exhibit A). Consistent with the 2007 memo, this amendment adds two
setback requirements for trellises, arbors, and similar structures which vary depending on
whether the structure exceeds the maximum fence height for the respective zoning district.
7. Attached screen porches, swimming pools and screen enclosures: Currently, setbacks
for attached screen porches and swimming pools and screen enclosures on waterfront lots
and golf course lots include a lengthy and confusing note. Additionally, setbacks for
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swimming pools and screen enclosures were the subject of a variance request heard by the
Board of Zoning Appeals (BZA) on February 28, 2017 (Agenda Item 8.A). At the meeting,
it was noted that the pool and screen enclosure standards are currently contained in multiple
tables and notes, making them easy to overlook. In response, the BZA directed staff to
proceed with an LDC amendment to clarify these tables. This amendment relocates the
notes for attached screen porches and pools and screen enclosures into the new table for
clarity.
The setbacks are also modified to remove the reference to Marco Island. Setbacks for
swimming pools and screen enclosures were modified by Ordinance No. 97-2. At the time
the ordinance was adopted, Marco Island had not yet incorporated so the provision in Table
4 - Note 3 included standards applicable to Marco Island. When Marco Island incorporated
later in 1997, the standards no longer applied to the City of Marco Island, therefore, the
reference to Marco Island is removed.
Additionally, the word “screen” is removed from attached screen porch because attached
porches should have the same setback whether they are screen or not.
8. Chickee, barbecue areas: Currently the structure to structure setback for “chickee,
barbecue areas” is “10 feet” on non-waterfront and non-golf course lots and “None” for
waterfront and golf course lots. The setback for waterfront and golf course lots is changed
to “10 feet” to be consistent with the same structures on non-waterfront and non-golf course
lots and for fire safety.
9. Davits, hoists, and lifts: On waterfront lots and golf course lots, the structure to structure
setback is changed from “SPS” to “None.” Davits, hoists, and lifts are often situated in
close proximity to, or work in conjunction with, other boathouses, docks, or other
shorefront facilities, therefore, it is not appropriate to apply the principal structure setback
to these accessory structures.
10. Dock facilities and boathouses: Currently, side setback requirements for dock facilities
and boathouses are listed as “7.5 feet or 15” feet. However, setback requirements for dock
facilities and boathouses are established in LDC sections 5.03.06 E and F. This amendment
replaces setbacks of “7.5 feet or 15” feet with a cross-reference to LDC sections 5.03.06 E
and F to clarify where the setbacks are established.
11. Notes:
a. Removed abbreviations: The abbreviations “N,” “N/A,” and
“NP” have been written out within the table to reduce the number of notes.
b. Accessory structures in Rural Agricultural (A) and Estates (E) zoning
districts: Currently, both tables include a note regarding accessory structures in A
and E zoning districts. This note has been relocated to the new LDC section 4.02.03
C and a new cross-reference has been added to LDC section 4.02.07 for standards
for accessory structures related to keeping animals and livestock. This makes the
standard easier to recognize and eliminates duplicative notes.
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c. “NP” designation: Currently, the front setback for permanent emergency
generators and satellite dish antennas in both tables are listed as “NP.” The notes
for each table indicate that “NP” means “Structure allowed in rear of building
only,” however, these structures are also allowed on the sides of buildings. This
amendment clarifies the structure or use is “not permitted in front of building”
within the table, rather than as a note.
d. All notes changed to numbers: Currently, several footnotes are indicated using
“*” or “**.” This amendment replaces all symbols with numbers for clarity.
Changes to LDC sections 4.02.04 and 4.02.06
Since this amendment removes Tables 2 and 3 from LDC Chapter 4, the remaining tables in LDC
sections 4.02.04 and 4.02.06 must be renumbered. No other changes are made to these sections.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational
impacts associated with this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
1
2.03.07 Overlay Zoning Districts 2
* * * * * * * * * * * * * 3
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 4
distinct subdistricts for the purpose of establishing development criteria suitable for the 5
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 6
Urban Overlay District are delineated on the maps below. 7
* * * * * * * * * * * * * 8
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District 9
may request deviations from specific dimensional requirements as described in 10
this section. A deviation request may be reviewed administratively or by the 11
Planning Commission depending upon its scope. This section addresses the 12
permissible deviations, limitations thereon, and the review process. 13
* * * * * * * * * * * * * 14
e. Applicability - List of Development Standards Eligible for Deviation 15
Requests. Property owners shall be eligible to seek a deviation from the 16
dimensional requirements of the following Code provisions, unless 17
otherwise noted. 18
* * * * * * * * * * * * * 19
vii. 4.02.03 A Specific Standards for Location of Accessory 20
Buildings and Structures, Dimensional Standards (Tables 3 and 21
4), except that in the case of new development on commercial 22
parcels, no deviation shall be granted from the required 50-foot 23
building setback when abutting residentially zoned properties, 24
or from the minimum 10-foot wide landscaped strip between the 25
abutting road right-of-way and the off-street parking area. 26
Deviations from these requirements may be considered in the 27
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case of redevelopment where existing structures and/or 1
encroachments are proposed to remain. 2
# # # # # # # # # # # # # 3
4
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 5
* * * * * * * * * * * * * 6
D. Exemptions and exclusions from design standards. 7
* * * * * * * * * * * * * 8
13. Permanent emergency generators may be placed within the rear yard of any 9
property supporting a permitted single-family residence, subject to a 10-foot rear 10
yard setback, and within side yards subject to a maximum encroachment into 11
the setback of 36 inches. Generators are not permitted to encroach into required 12
front yards. Above-ground fuel tanks for the generators are subject to the same 13
setbacks; however, underground tanks are not subject to setback requirements. 14
In order to reduce noise during required routine exercising of the generators, this 15
exercising is restricted to operating the generator for no more than 30 minutes 16
weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound 17
level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, 18
the Noise Ordinance, as amended. All permanent emergency generators must 19
be equipped with sound attenuating housing to reduce noise. 20
# # # # # # # # # # # # # 21
22
4.02.03 Specific Standards for Location of Accessory Buildings and Structures 23
A. For the purposes of this section, in order to determine yard requirements, the term 24
"accessory structure" shall include detached and attached accessory use 25
structures or buildings notwithstanding the attachment of such structure or building 26
containing the accessory use to the principal use structure or building. Accessory 27
buildings and structures must be constructed simultaneously with or following the 28
construction of the principal structure and shall conform with the following setbacks 29
and building separations. 30
Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-31
Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural 32
Agricultural (A) and Estates (E)**. 33
Front Rear Side
Structure to
Structure
(If Detached)
1. Parking garage or carport, single-family SPS 10 feet SPS 10 feet
2. One-story parking structures and/or carports SPS 35 feet SPS 10 feet
3. Multistory parking structures SPS 35 feet SPS 1/1*
4. Swimming pool and/or screen enclosure
(one- and two-family) SPS 10 feet SPS N
5. Swimming pool (multi-family and
commercial) SPS 20 feet 15 feet N
6. Tennis courts (private) (one- and two-family) SPS 15 feet SPS 10 feet
7. Tennis courts (multi-family, and commercial) SPS 20 feet 15 feet 20 feet
8. Utility buildings SPS 10 feet SPS 10 feet
9. Chickee, barbecue areas SPS 10 feet SPS 10 feet
10. Attached screen porch SPS 10 feet SPS N/A
11. Unlisted accessory SPS SPS SPS 10 feet
12. Satellite dish antenna NP 15 feet SPS 10 feet
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13. Permanent emergency generators NP 10 feet See Sec.
4.02.01 D.13 N/A
1
N = None. 2
N/A = Not applicable. 3
NP = Structure allowed in rear of building only. 4
SPS = Calculated same as principal structure. 5
* = 1 foot of accessory height = 1 foot building separation. 6
** = All accessory structures in Rural Agricultural and Estates zoning districts must meet 7
principal structure setbacks. 8
9
Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront 10
Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and 11
Estates (E)** 2 12 Setbacks
Front Rear Side
Structure to
structure
(If Detached)
1. Parking garage or carport, single-family SPS SPS SPS 10 feet
2. One-story parking structures SPS SPS SPS 10 feet
3. Multistory parking structures SPS SPS SPS 1/1 1
4. Swimming pool and/or screen enclosure
(one- and two-family) SPS 10 feet 3 SPS N
5. Swimming pool (multi-family and
commercial) SPS 20 feet 15 feet N
6. Tennis courts (private) (one- and two-
family) SPS 15 feet SPS 10 feet
7. Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet
8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15
feet 10 feet
See subsection 5.03.06F.
9. Utility buildings SPS SPS 10 feet 10 feet
10. Chickee, barbecue areas SPS 10 feet SPS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15
feet SPS
12. Attached screen porch SPS 10 feet 4 SPS SPS
13. Unlisted accessory SPS SPS SPS 10 feet
14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15
feet N/A
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 feet SPS 10 feet
17. Permanent emergency generators NP 10 feet See Sec.
4.02.01 D.13 N/A
18. Golf clubhouse and maintenance buildings 5 50
feet 50 feet 50 feet N/A
13
N = None. 14
N/A = Not applicable. 15
NP = Structure allowed in rear of building only. 16
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SPS = Calculated same as principal structure. 1
** = All accessory structures in Rural Agricultural and Estates zoning districts must meet 2
principal structure setbacks. 3
1 1 foot of accessory height = 1 foot of building separation. 4
2 In those cases where the coastal construction control line is involved, the co astal 5
construction control line will apply. 6
3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of 7
bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet 8
above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of 9
ten feet. 10
4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of 11
bank, except Marco Island and Isles of Capri which may construct to a maximum of sev en feet 12
above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of 13
ten feet. 14
5 The setback shall apply to external boundaries of the golf course district, and shall be 15
inclusive of separately platted buffer tracts. 16
17
B. Accessory buildings shall not occupy an area greater than five (5) percent of the total 18
lot area in all residential zoning districts, or occupy an area greater than forty (40) 19
percent of any building envelope (i.e., area of lot remaining for building purposes 20
after accounting for required setbacks), whichever is the lesser, provided the total 21
maximum coverage provision of this ordinance for all principal and accessory 22
buildings is not exceeded. Nothing herein contained shall serve to prevent the 23
construction of an accessory building containing an area of less than 500 square feet 24
provided all yard and building spacing requirements can be met. 25
C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts 26
must meet principal structure setbacks. For accessory structures related to the 27
keeping of animals and livestock in these districts, see LDC section 4.02.07. 28
D. Table of dimensional standards for accessory buildings and structures in zoning 29
districts other than Rural Agricultural (A) and Estates (E): 30
31
Location Accessory
Building/Structure
Setbacks
Front Rear Side
Structure
to
Structure
(If
Detached)
Non-
Waterfront
Lots and
Non-Golf
Course
Lots
Attached porch SPS 10 feet SPS N/A
Carports (commercial,
industrial, and multi-family)1 SPS SPS SPS 10 feet
Carports (one- and two-family) SPS 10 feet SPS 10 feet
Chickee, barbecue areas SPS 10 feet SPS 10 feet
One-story and multi-story
parking structures SPS SPS SPS
1/12 with a
minimum of
10 feet
Parking garage (one- and two-
family) SPS 10 feet SPS 10 feet
Permanent emergency
generators
Not
permitted 10 feet SPS
(See N/A
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in front
yard
LDC
section
4.02.01
D.13)
Satellite dish antennas
Not
permitted
in front
yard
15 feet SPS 10 feet
Swimming pool and/or screen
enclosure (one- and two-
family)
SPS 10 feet SPS None
Swimming pool (multi-family
and commercial) SPS 20 feet 15 feet None
Tennis courts (one- and two-
family) SPS 15 feet SPS 10 feet
Tennis courts (multi-family,
and commercial) SPS 20 feet 15 feet 20 feet
Trellises, arbors, and similar
structures that do not exceed
the maximum fence height in
LDC section 5.03.02
None None None None
Trellises, arbors, and similar
structures that exceed the
maximum fence height in LDC
section 5.03.02
SPS 10 feet SPS None
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS 10 feet SPS 10 feet
Waterfront
Lots and
Golf
Course
Lots3
Attached porch where floor or
deck of porch are:
• In Isles of Capri: Seven
feet in height or less
above the top of seawall
with a maximum of four
feet of stem wall exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
SPS 10 feet SPS SPS
Attached porch where floor or
deck of porch are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall or
with more than four feet of
stem wall exposure
• In all other areas: More
than four feet in height
above top of seawall or top
of bank
SPS 20 feet SPS SPS
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Boat slips and ramps (private) N/A N/A 7.5 feet N/A
Boathouses and boat
shelters (private) SPS N/A
See
LDC
sections
5.03.06
E and F
10 feet
Carports (commercial,
industrial, and multi-family)1 SPS SPS SPS 10 feet
Carports (one- and two-
family) SPS SPS SPS 10 feet
Chickee, barbecue areas SPS 10 feet SPS 10 feet
Davits, hoists, and lifts N/A N/A
See
LDC
sections
5.03.06
E and F
SPS
Docks, decks, and mooring
pilings N/A N/A
See
LDC
sections
5.03.06
E and F
N/A
Golf clubhouse and
maintenance buildings4 50 feet 50 feet 50 feet N/A
One-story and multi-story
parking structures SPS SPS SPS
1/12 with a
minimum of
10 feet
Parking garage (one- and two-
family) SPS SPS SPS 10 feet
Permanent emergency
generators
Not
permitted
in front
yard
10 feet
SPS
(See
LDC
section
4.02.01
D.13)
N/A
Satellite dish antennas
Not
permitted
in front
yard
15 feet SPS 10 feet
Swimming pool and/or screen
enclosure (one- and two-
family) where swimming pool
decks are:
• In Isles of Capri: Seven
feet in height or less above
the top of seawall with a
maximum of four feet of
stem wall exposure
• In all other areas: Four
feet in height or less above
SPS 10 feet SPS None
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top of seawall or top of
bank
Swimming pool and/or screen
enclosure (one- and two-
family) where swimming pool
decks are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall or
with more than four feet of
stem wall exposure
• In all other areas: More
than four feet in height
above top of seawall or top
of bank
SPS 20 feet SPS None
Swimming pool (multi-family
and commercial) SPS 20 feet 15 feet None
Tennis courts (private) (one-
and two-family) SPS 15 feet SPS 10 feet
Tennis courts (multi-family
and commercial) SPS 35 feet SPS 20 feet
Trellises, arbors, and similar
structures that do not exceed
the maximum fence height in
LDC section 5.03.02
None None None None
Trellises, arbors, and similar
structures that exceed the
maximum fence height in LDC
section 5.03.02
SPS 10 feet SPS None
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS SPS 10 feet 10 feet
1
Notes: 2
SPS = Calculated same as principal structure. 3
1 See LDC section 4.02.01 D.12 4
2 1 foot of accessory height = 1 foot of building separation. 5
3 In those cases where the coastal construction control line is involved, the coastal 6
construction control line will apply. 7
4 The setback shall apply to external boundaries of the golf course district, and shall be 8
inclusive of separately platted buffer tracts. 9
# # # # # # # # # # # # # 10
11
4.02.04 Standards for Cluster Residential Design 12
* * * * * * * * * * * * * 13
C. Conditional uses approved for cluster development may reduce the lot area, lot 14
width, and yard requirements within a zoning district, subject to the criteria enumerated 15
in this section. The lot area, lot width, coverage, and yard regulations of the residential 16
zoning district in which the cluster development is located shall be used as the basis 17
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for all computations of allowed reductions. The following reductions in lot area, lot width, 1
coverage and yard regulations of the underlying zoning district shall be permissible 2
pursuant to the grant of a conditional use for cluster development. 3
* * * * * * * * * * * * * 4
2. The following site design and dimensional standards shall apply to cluster 5
development: 6
Table 53. Table of Design Standards for Cluster Development. 7
# # # # # # # # # # # # # 8
9
4.02.06 Standards for Development in Airport Zones 10
* * * * * * * * * * * * * 11
D. The width of each primary surface is as follows: 12
Table 64. Primary Surface Width 13
* * * * * * * * * * * * * 14
E. Horizontal zone. A horizontal plane 150 feet above the established airport elevation, 15
the perimeter of which is constructed by swinging arcs for specified radii from the 16
center of each end of the primary surface of each runway of each airport and 17
connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 18
as follows: 19
Table 75. Horizontal Zone Radius 20
* * * * * * * * * * * * * 21
H. Approach zone. The approach zone is an area longitudinally centered on the extended 22
runway centerline and extending outward and upward from each end of the primary 23
surface. An approach zone is designated for the end of each runway based upon the 24
type of approach available or planned for that runway end. 25
1. Approach zone width. The inner edge of the approach zone is the same width 26
as the primary surface. The outer width of the approach zone is prescribed for 27
the most precise approach existing or planned fo r that runway end expanding 28
uniformly to the following widths: 29
Table 86. Approach Zone Width (feet) 30
* * * * * * * * * * * * * 31
2. Approach zone lengths. The approach zone extends for the applicable 32
horizontal distance as follows: 33
Table 97. Approach Zone Length (feet). 34
* * * * * * * * * * * * * 35
3. Approach zone height. Permitted height limitation within the approach zone 36
shall not exceed the runway end height at the inner edge and increases 37
uniformly with horizontal distance outward from the inner edge as follows: 38
Table 108. Approach Zone Height. 39
# # # # # # # # # # # # # 40
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Land Development Code Amendment Request
ORIGIN: Growth Management Department Staff
AUTHOR: Growth Management Department Staff
LDC SECTION: 10.02.09 Requirements for Text Amendments to the LDC
SUMMARY: This amendment proposes to modify the number of times amendments to the Land
Development Code (LDC) may be made.
DESCRIPTION: Currently, LDC section 10.02.09 states that amendments to the LDC may be
made no more than twice a year, unless the Board of County Commissioners (Board) directs
additional amendments by super-majority vote. LDC amendments are initiated in several ways:
• The Board directs amendments,
• State legislation mandates changes to local government regulations,
• Private entities request amendments,
• Growth Management Plan (GMP) amendments require LDC amendments, or
• Collier County staff propose LDC amendments.
Each of the above sources of LDC amendments may include different timeframes for completion
of LDC amendments, for example:
• Local moratoria sometimes require LDC amendments at a faster pace than, or out of cycle
with, other planned amendments;
• State legislation may become effective at various times of the year;
• Privately initiated amendments may be requested at any time; or
• GMP changes may require concurrent LDC amendments.
Due to the variety of sources and timeframes of LDC amendments, the current maximum of two
LDC amendments per year places an unnecessary limitation on staff time and resources. Given the
limitation is not statutorily required, this amendment proposes to remove the limitation in order to
better reflect the origination, frequency, and time constraints historically associated with LDC
amendments.
Regardless of the source or timing, LDC amendments are reviewed at several public meetings ,
including, at a minimum:
• Development Services Advisory Committee - Land Development Review Subcommittee
(DSAC-LDR) (1 meeting)
• DSAC (1 meeting)
• Environmental Advisory Council (EAC) (1 advertised hearing, if necessary)
• Collier County Planning Commission (CCPC) (1 or 2 advertised hearings)
• Board of County Commissioners (1 or 2 advertised hearings)
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
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GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
10.02.09 Requirements for Text Amendments to the LDC 1
A. Text Amendments to the LDC. 2
1. Amendments to the LDC may be made no more than twice during the calendar 3
year as scheduled by the County Manager, except if the Collier County Board of 4
County Commissioners, by at least a super-majority vote, directs that additional 5
amendments be made for specific purposes. 6
21. The LDC may only be amended in such a way as to preserve the consistency of 7
the LDC with the Growth Management Plan. 8
32. The Administrative Code shall establish the submittal requirements for LDC 9
amendments. 10
# # # # # # # # # # # # # 11
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 2 | Legislative Procedures
1
Exhibit A
B. Privately Initiated Land Development Code Amendments – Privately
Initiated Text Amendments
Reference LDC section 10.02.09, LDC Public Notice subsection 10.03.06 A and K, F.S. § 163.3202,
and F.S. § 125.66.
See LDC section 10.03.06 for County Initiated Text LDC Amendments.
Applicability Privately initiated Aamendments that supplement, change, or repeal the text of the LDC.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files an “Application for Amendment to the Land Development Code.” with
the Planning & Zoning Division.
Application
Contents
The application must include the following information:
1. Applicant Contact Information.
2. Completed LDC Amendment Request form.
3. Pre-application meeting notes.
4. LDC amendment request document, including the following.
• The applicant’s name;
• The name of the author of the LDC text amendment;
• All LDC sections to be modified by the amendment;
• A written statement briefly describing the change requested;
• A written statement describing the justification for the amendment and any
other relevant information about the change requested;
• A written statement describing any potential fiscal or operational impacts
associated with the amendment;
• A written statement addressing the amendment’s consistency with the
Growth Management Plan;
• Changes to the LDC shall be identified in a strikethrough/underline format.
Strikethrough language represents removal and underlined language
represents new language.; and
• All cross references to the section in the LDC shall be checked and amended
if necessary.
5. Electronic copies of all documents.
Completeness and
Processing of
Application
The Growth Management Division Department will review the application for
completeness. After submission of the completed application packet accompanied with
the required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 2 | Legislative Procedures
2
Exhibit A
petition. This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice
Requirements for
Amendments which
affect 10 acres or
less of land and do
not change the list
of permitted,
conditional or
prohibited uses
within a zoning
category
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
• The title of the proposed ordinance or resolution;
• Date, time, and location of the hearing; and
• Places(s) within the county where the proposed ordinance may be
inspected by the public.; and
• LDC amendments that change the zoning map designation of 10 acres or
more of land or change the permitted, conditional, or prohibited uses
within a zoning category shall include a 2 in. x 3 in. map of the project
location.
Notice for
Amendments which
affect 10 acres or
more of land and
do change the list
of permitted,
conditional or
prohibited uses
within a zoning
category
Notification requirements are as above, with the addition of:
• 2 in. x 3 in. map of the project location of which amends the Zoning Atlas
and/or changes the permitted, conditional, and prohibited uses within a
zoning category in the County.
Public Hearings for
Amendments which
affect 10 acres or
less of land and do
not change the list
of permitted,
conditional or
prohibited uses
within a zoning
category
For LDC amendments that change the zoning map designation of less than 10 acres of
land or do not change the list of permitted, conditional, or prohibited uses within a
zoning district:
1. The EAC shall hold at least 1 one advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 one advertised public hearing.
3. The BZA BCC shall hold at least 1 one advertised public hearing.
For LDC amendments that change the zoning map designation of 10 acres or more of
land, or change the list of permitted, conditional, or prohibited uses within a zoning
district:
1. The EAC shall hold at least one advertised public hearing, if required.
2. The Planning Commission shall hold at least one advertised public hearing.
• The Planning Commission may elect by a majority decision to hear the
ordinance or resolution at two advertised public hearings. If there is only
one advertised public hearing, the hearing shall be held after 5:00 p.m. on a
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 2 | Legislative Procedures
3
Exhibit A
weekday, and if there are two advertised hearings, then at least one of the
advertised public hearings shall be held after 5:00 p.m. on a weekday.
3. The BCC shall hold at least two advertised public hearings.
• At least one advertised public hearing shall be held after 5:00 p.m. on a
weekday, unless the BCC by a majority vote plus one vote elects to conduct
that hearing at another time of day.
Notice for
Amendments which
affect 10 acres or
more of land and
do change the list
of permitted,
conditional or
prohibited uses
within a zoning
category
1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall have at least 1 advertised public hearing. The
Planning Commission may elect by a majority decision to hear such ordinance or
resolution at 2 advertised public hearings. If there is only 1 advertised public
hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are 2
advertised hearings, then at least 1 of the advertised public hearings shall be held
after 5:00 p.m. on a weekday.
3. The BBC shall have at least 2 advertised public hearings. At least 1 advertised public
hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority
vote plus 1 vote elects to conduct that hearing at another time of day.
Decision maker The BCC, following the recommendations from both the EAC, if required, and the
Planning Commission.
Review Process Staff reviews the amendment application and provides a recommendation. The Planning
& Zoning Division will review the application and identify whether additional materials
are needed. Staff will prepare a Staff Report and provide a recommendation to the
following advisory boards and the BCC:
• The DSAC reviews the amendment application in a public meeting and
makes a recommendation to the BCC.
• The EAC reviews the amendment application if the proposed change
includes an environmental component in accordance with Collier County
Code of Laws section 2-1193. The EAC makes a recommendation to the
BCC.
• The Planning Commission reviews the application for consistency with the
GMP and makes a recommendation to the BCC.
The BCC shall review the application and the recommendations by the advisory boards.
The BCC may approve, approve with revisions, or deny the proposed ordinance or
resolution.
Effective Date Per F.S. § 125.66, the ordinance must be filed with the Florida Department of State,
Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective
date is the date it is filed with the State, unless a date is specified in the ordinance.
Updated [Resolution 2018-XX]
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Instructions 11-1-17.docx
Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Planning and Zoning Division Staff
LDC SECTION: 2.03.03 Commercial Zoning Districts
2.03.04 Industrial Zoning Districts
SUMMARY: This amendment proposes to clarify “martial arts” and “ dance, gymnastics, judo, and karate
instructions,” as permitted uses in the C-3 and Industrial zoning districts where physical fitness facilities
are also permitted uses. It shall clarify “outdoor” amusement and recreation services are conditional uses
in the C-3 zoning district and reinstate an omitted Standard Industrial Classification Code in the C-4
zoning district.
DESCRIPTION: Since 2006, staff has relied on an administrative memorandum that was issued to allow
certain forms of physical fitness uses, including martial arts, dance, gymnastics, judo, and karate
instruction in the C-3 zoning district (Exhibit A). However, they have not been officially codified as
permitted uses in the LDC. The administrative memoranda are not well known to the public which results
in frequent questions to staff regarding the availability of these uses in C-3 zoning districts. The
amendment proposes to codify the staff policy of considering these physical fitness uses as permitted uses
in the C-3 zoning district.
Additionally, this amendment clarifies in LDC section 2.03.03 C.1.c.that the conditional use “Amusement
and Recreation Services,” in the C-3 zoning district is for outdoor uses only. Also, the amendment
reinstates Standard Industrial Code number 7999 in the C-4 zoning district which was inadvertently
omitted when Ordinance 08-11 was adopted. Lastly, in the Industrial district the amendment shall clarify
indoor recreation uses involving physical fitness are permitted uses.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts that are anticipated
with this amendment.
GROWTH MANAGEMENT PLAN IMPACTS: There are no Growth Management Plan impacts
associated with this amendment.
Amend the LDC as follows:
2.03.03 - Commercial Zoning Districts 1
* * * * * * * * * * * * * 2
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate 3
district (C-3) is to provide for a wider variety of goods and services intended for areas expected 4
to receive a higher degree of automobile traffic. The type and variety of goods and services are 5
those that provide an opportunity for comparison shopping, have a trade area consisting of 6
several neighborhoods, and are preferably located at the intersection of two-arterial level streets. 7
Most activity centers meet this standard. This district is also intended to allow all of the uses 8
permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. 9
This district is not intended to permit wholesaling type of uses, or land uses that have associated 10
with them the need for outdoor storage of equipment and merchandise. A mixed-use project 11
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containing a residential component is permitted in this district subject to the criteria established 1
herein. The C-3 district is permitted in accordance with the locational criteria for commercial and 2
the goals, objectives, and policies as identified in the future land use element of the Collier County 3
GMP. The maximum density permissible in the C-3 district and the urban mixed use land use 4
designation shall be guided, in part, by the density rating system contained in the future land use 5
element of the Collier County GMP. The maximum density permissible or permitted in the C-3 6
district shall not exceed the density permissible under the density rating system. 7
1. The following uses, as identified with a number from the Standard Industrial Classification 8
Manual (1987), or as otherwise provided for within this section are permissible by right, or 9
as accessory or conditional uses within the commercial intermediate district (C-3). 10
a. Permitted uses. 11
1. Accounting (8721). 12
2. Adjustment and collection services (7322). 13
3. Advertising agencies (7311). 14
4. Amusement and recreation services, indoor (7999- martial arts, yoga and 15
gymnastics instruction, gymnastic schools, and recreation involving 16
physical fitness exercise only). 17
4. 5. Animal specialty services, except veterinary (0752, excluding outside 18
kenneling). 19
5. 6. Apparel and accessory stores (5611—5699) with 5,000 square feet or less 20
of gross floor area in the principal structure. 21
Note: ALL REMAINING SUBSECTIONS TO BE RENUMBERED ACCORDINGLY 22
* * * * * * * * * * * * * 23
c. Conditional uses. The following uses are permissible as conditional uses in the 24
commercial intermediate district (C-3), subject to the standards and procedures 25
established in sections 4.02.02 and 10.08.00. 26
1. Amusements and recreation services, outdoor (7999 - boat rental, 27
miniature golf course, bicycle, and moped rental, rental of beach chairs 28
and accessories only). 29
* * * * * * * * * * * * * 30
D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide 31
for those types of land uses that attract large segments of the population at the same time by 32
virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to 33
provide the opportunity for the most diverse types of commercial activities delivering goods and 34
services, including entertainment and recreational attractions, at a larger scale than the C-1 35
through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also 36
permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, 37
except to the extent that it is associated with the commercial activity conducted on-site such as, 38
but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. 39
Activity centers are suitable locations for the uses permitted by the C-4 district because most 40
activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 41
district can most be sustained by the transportation network of major roads. The C-4 district is 42
permitted in accordance with the locational criteria for uses and the goals, objectives, and policies 43
as identified in the future land use element of the Collier County GMP. The maximum density 44
permissible or permitted in a district shall not exceed the density permissible under the density 45
rating system. 46
1. The following uses, as defined with a number from the Standard Industrial Classification 47
Manual (1987), or as otherwise provided for within this section are permissible by right, or 48
as accessory or conditional uses within the general commercial district (C-4). 49
a. Permitted uses. 50
1. Accounting (8721). 51
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2. Adjustment and collection services (7322). 1
3. Advertising agencies (7311). 2
4. Advertising — miscellaneous (7319). 3
5. Agricultural services (0783). 4
6. Amusement and recreation services, indoor (7999). 5
# # # # # # # # # # # # # 6
7
2.03.04 – Industrial Zoning Districts 8
A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for 9
manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and 10
commercial activities that are related to manufacturing, processing, storage and warehousing, 11
wholesaling, and distribution activities, as well as commercial uses relating to automotive repair 12
and heavy equipment sales and repair are also permissible in the I district. The I district 13
corresponds to and implements the industrial land use designation on the future land use map 14
of the Collier County GMP. 15
1. The following uses, as identified within the Standard Industrial Classification Manual 16
(1987), or as otherwise provided for within this section, are permitted as a right, or as 17
accessory or conditional uses within the industrial district (I). 18
a. Permitted uses. 19
* * * * * * * * * * * * * * 20
39. Physical fitness facilities, indoor (7911 except Discotheques, 7991, 7999 - 21
limited to baseball instruction, basketball instruction, gymnastics 22
instruction, judo instruction, karate instruction, and martial arts 23
instruction, yoga instruction, gymnastic schools, and recreation involving 24
physical fitness exercise only). 25
# # # # # # # # # # # # # 26
27
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Planning and Zoning Division
LDC SECTION: 6.01.05 Soil Erosion and Sediment Control Plan
SUMMARY: This amendment proposes to include Best Management Practices (BMPs) for soil
erosion and sediment control to developments such as single-family, two-family, townhouse
structures and underground construction type activities.
DESCRIPTION: Both the State of Florida and County have established performance standards
for soil erosion and sediment control during grading and land alternations to retain sediment on-
site. Florida’s stormwater regulatory program requires the use of BMPs during and after
construction to minimize soil erosion, sedimentation, and manage runoff. The Florida Stormwater,
Erosion and Sedimentation Control Inspector’s Manual (July 2008) cites the following; “The goals
of Florida’s stormwater regulatory program and the Florida Department of Environmental
Protection (FDEP) are to protect water quality and to minimize erosion and sedimentation by
requiring the use of effective Best Management Practices (BMPs) during and after grading.”
At the county level, Objective 5.4 in the Conservation and Coastal Management Element (CCME)
of the GMP requires the County to “maintain…regulations identifying criteria to control and
reduce soil erosion and sediment transport from construction and other nonagricultural land
disturbing activities.” Additionally, Collier County’s National Pollutant Discharge Elimination
System, Phase 2 Stormwater Permit requires the County to control pollution from construction
sites, and it includes procedures for site inspection and enforcement.
Currently, these requirements are met through the submittal of a Soil Erosion and Sediment
Control Plan, as required in LDC section 6.05.01, for developments to obtain construction approval
by an Early Work Authorization (EWA) permit, Site Development Plan (SDP), or Site
Improvement Plan (SIP). However, LDC section 10.02.03 A.3 inadvertently exempts a number of
construction activities from using BMPs because they are not required to obtain an EWA permit,
SDP, or SIP approval.
As a result, staff frequently receives complaints regarding soil erosion and sedimentation issues at
construction sites for single family homes, duplexes, or townhomes such as the example shown in
Figures 1 and 2. These issues not only disturb surrounding properties, stormwater systems, and
other waterways, but also cause construction delays, fines, and additional expenses to reverse the
damage caused by missing or inadequate soil erosion and sedimentation control measures.
This amendment requires those projects not required to submit a Soil Erosion and Sediment
Control Plan to implement BMPs for sediment and erosion control. Typically, BMPs are described
in Chapter 4 of the FDEP’s “Florida Stormwater, Erosion and Sedimentation Control Inspector’s
Manual.” These standards include: 1) perimeter controls such as silt-fence, floating turbidity
barriers when adjacent to waterways, or straw bale to stabilize soil and 2) storm drain inlet
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protection such as a fabric drop, sod drop, or gravel and wire mesh inlet sediment filter. However,
the specific control measures required will depend on the characteristics of each construction site
and adjoining property. Per LDC section 10.02.06 B.1.e., it is further noted that any of the
following property improvements, lot clearing, grading, stockpiling of soil, demolition, building
construction or reconstruction, building alteration or addition cannot commence without a building
permit or vegetation removal permit. Therefore, the building department shall, at the time of the
first building inspection, determine if the appropriate BMP for erosion and soil control is effective.
Figure 1. Absence of silt fence and soil
stabilization adjacent to waterway.
Figure 2. Off-site sedimentation.
FISCAL & OPERATIONAL IMPACTS: No operational impacts are anticipated as the building
department will observe compliance at the time of the first building inspection. Depending on the
site characteristics and BMP, additional costs can be incurred once development commences.
GROWTH MANAGEMENT PLAN IMPACTS: There are no Growth Management Plan
impacts associated with this amendment.
Amend the LDC as follows:
1 6.01.05 - Soil Erosion and Sediment Control Plan
2 A.Soil Erosion and Sediment Control Plan. For new and existing development and
3 construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04
4 and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted
5 for approval with the required construction documents for each proposed project as
6 prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal
7 Management Element of the Collier County Growth Management Plan.
8 1.Application. The Administrative Code shall establish the procedure and submittal
9 requirements for a Soil Erosion and Sediment Control Plan.
10 B. Developments not requiring a Soil Erosion and Sediment Control Plan shall implement
11 and maintain best management practices in accordance with the Florida Stormwater
12 Erosion and Sedimentation Control Manual for sediment and soil erosion control, to
13 prevent the transport of sediment and pollutants off site.
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1 1. All sediment and soil erosion control devices shall be installed prior to the first
2 building permit inspection for demolition, renovation, alteration, construction,
3 stockpiling of fill, lot clearing or grading.
4 2. During construction activities, the applicant shall remove any pollutant, silt,
5 debris, or dirt resulting from the construction activities that accumulates off site or
6 within any stormwater management system, including but not limited to swales,
7 lakes, ponds, canals, and waterways.
8 3. Debris generated on site, including but not limited to discarded building materials,
9 concrete truck wash-out, litter, and sanitary waste shall be stored, secured, or
10 otherwise controlled on site.
11 # # # # # # # # # # # # #
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Land Development Code Amendment Request
ORIGIN: Growth Management Department Staff
AUTHOR: Growth Management Department Staff
LDC SECTION: 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
SUMMARY: This amendment creates an exception from the requirement to pursue an
Administrative Variance for residential structures with setback encroachments of three inches or
less that result from the application of exterior wall treatments.
DESCRIPTION: For many years, the Growth Management Department has received daily
requests seeking to determine if a residential structure complies with zoning regulations. These
inquiries often occur during the due-diligence stage of the sale of a property and include a recent
survey of the structure. If the new survey shows a structural encroachment into the required
setbacks, the owner would need a variance in order to clear the encumbrance from their title,
placing an unexpected financial burden on those seeking to purchase or sell a property.
Many of these requests demonstrate that although a new survey may show a structure with setback
encroachments, the structures were approved with the correct required setbacks, received a
building permit and Certificate of Occupancy (CO), and satisfied the required structure to structure
separation. Currently, LDC section 9.04.04 B establishes that requests where building permits and
CO’s were granted qualify for administrative variance approval if the encroachment does not
exceed ten percent of the required yard with a maximum of two feet.
Since 2014, approximately 37 percent of Administrative Variances approved in accordance with
LDC Section 9.04.04 B were for encroachments of less than three inches. These types of
encroachments may occur when the exterior frame walls are flush with the outer most edge of the
slab, and the added exterior wall treatments extend into the required yard.
The County would not require the homeowner to pursue a variance for these types of
encroachments, as the amendment proposes to deem legal those residential structures in which:
• A building permit has been granted;
• The building permit was approved utilizing the required setbacks in effect at that time;
• A certificate of occupancy has been granted;
• The encroachment does not exceed three inches into the required yard;
• The only portion of the structure encroaching into the required yard is the exterior wall
treatment; and
• The required structure to structure separation, as identified in LDC section 4.02.02, is
satisfied.
However, the exception will not apply when the foundation or other architectural design features
encroach into required yards.
FISCAL & OPERATIONAL IMPACTS: This amendment will result in fewer Administrative
Variances, but if homeowners still require verification the property meets setbacks , this may
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increase the number of Zoning Verification Letters requested. This could decrease fees collected
by the Growth Management Department. However, by eliminating the need for administrative
variances, homeowners with encroachments of three inches or less may save the cost of the
application fee and any other consultant fees associated with obtaining the administrative variance.
GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
9.04.04 – Specific Requirements for Minor After-the-Fact Encroachment 1
Minor after-the-fact yard encroachments for structures, including principal and accessory 2
structures, may be approved administratively by the County Manager or designee. Exceptions 3
to required yards as provided for within LDC section 4.02.01. D shall not be used in the 4
calculations of existing yard encroachments. 5
* * * * * * * * * * * * * 6
B. For both residential and non-residential structures, the County Manager or designee 7
may administratively approve minor after-the-fact yard encroachments of up to ten (10) 8
percent of the required yard with a maximum of two (2) feet when a building permit and 9
certificate of occupancy has been granted. The encroachment applies to the yard 10
requirement in effect as of the date the building permit was issued. 11
1. Exception. Residential structures shall be deemed legal and no variance shall be 12
required when the following additional conditions apply: 13
a. The building permit and certificate of occupancy were approved in 14
compliance with the required setbacks in effect at that time; 15
b. The encroachment does not exceed three inches into the required yard; 16
c. The only portion of the structure encroaching into the required yard is the 17
exterior wall treatment; and 18
d. The required structure to structure separation, as identified in LDC 19
section 4.02.02, is satisfied. 20
* * * * * * * * * * * * * 21
22
# # # # # # # # # # # # # 23
24