Ordinance 2004-41
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I -- ~ -. j ta ORDINANCE NO. 04- 41
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~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
~~ ~ F COLLIER COUNTY, FLORIDA, RECODIFYING THE COlliER
~ ... COUNTY lAND DEVELOPMENT CODE, WHICH INCLUDES THE
l'Z'ilGZ COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING
ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, RECODIFICATION OF THE lAND
DEVELOPMENT CODE, MORE SPECIFICAllY BY CREATING
THE FOllOWING: CHAPTER 1 - GENERAL PROVISIONS,
INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC~n
1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.0~:: (..::~.J
_\:'-
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND~~. C.._ ~f'1
INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00~.::-:~ .
~-,.."'"
lAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; i.;;~:'~ :;; .."........
.
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. t,::. -'""...,~~
2.01.00 GENERAllY, SEC. 2.02.00 ESTABLISHMENT OF ZONING :::~.. 5: ; il ~
DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 r c; CS 0
f\, "'.
PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN :::6:;; U1
ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. ~r.:i \.0
2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00
TABLE OF SETBACKS FOR BASE ZONING DISTRICTS;
CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC.
3.01.00 GENERAllY, SEC. 3.02.00 FLOODPLAIN PROTECTION,
SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00
PROTECTION OF ENDANGERED, THREATENED, OR LISTED
SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION,
AND PRESERVATION, SEC. 3.06.00 WEllFIElD AND
GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00
GENERAll Y, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC.
4.03.00 SUBDIVISION DESIGN AND lAYOUT, SEC. 4.04.00
TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-
STREET PARKING AND lOADING, SEC. 4.06.00 lANDSCAPING,
BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00
DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS,
SEC. 4.08.00 RURAL lANDS STEWARDSHIP AREA ZONING
OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF
TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL
STANDARDS, INCLUDING SEC. 5.01.00 GENERAllY, SEC.
5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES
AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND
STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR
SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN
AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 _
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00
GENERAllY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND
IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER
SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00
WATER MANAGEMENT SYSTEMS AND DRAINAGE
IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8
- DECISION-MAKING AND ADMINISTRATIVE BODIES,
INCLUDING SEC. 8.01.00 GENERAllY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING
COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC.
8.05.00 BUilDING BOARD OF ADJUSTMENTS AND APPEALS,
SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCil, SEC.
8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD,
SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC.
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9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00
NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 _
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC.
10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE
REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC,
OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT
ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00
ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES
PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A
NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE
LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE,
CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SEVEN, EFFECTIVE DATES.
RECITALS
WHEREAS, on October 30, 1991 , the Collier County Board of County
Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land
Development Code (LOC), which became effective on November 13, 1991, and which
has been subsequently amended by numerous ordinances comprising eighteen (18)
supplements; and
WHEREAS, the Board has directed that the LOC be revised to update and simplify
its format, and use; and
WHEREAS, the Collier County Planning Commission, acting in part in its capacity
as the Local Planning Agency pursuant to ~ 163.3194 (2), F.S., in a manner prescribed by
law, did hold an advertised public hearing on May 6, 2004, which was continued for a
hearing on May 20, 2004, which was continued for a separately advertised final
consideration and vote on June 17, 2004, and did take affirmative action concerning
these revisions to the LOC, including finding that the provisions of the proposed
recodification of the LOC implement and are consistent with the adopted Growth
Management Plan of Collier County; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hofd an advertised public hearing on May 11, 2004, which was continued for a hearing
on May 25, 2004, which was continued for a separately advertised final adoption hearing
on June 22, 2004, and did take affirmative action concerning these revisions to the LOG;
and
WHEREAS, the revisions to, and recodification of, the LOG does not substantively
alter in any way the prior existing LOG text and the substantive provisions of this
Ordinance are hereby determined by this Board to be consistent with and to implement
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the Collier County Growth Management Plan as required by Subsections 163.3194 (1)
and 163.3202 (3), F.S.1; and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted
Resolution 97-177 establishing local requirements and procedures for amending the LOC;
and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, all other applicable substantive and procedural requirements of the
law have been met for the adoption of this ordinance and Land Development Code.
NOW, THEREFORE BE IT OROAINEO by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS.
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT.
The Board of County Commissioners of Collier County, Florida, hereby makes
the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., F.S., the Florida Local
Government Comprehensive Planning and Land Oevelopment Regulations Act
(hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also
referred to as a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163.3202(1), F.S., mandates that Collier County adopt land development regulations that
are consistent with, and implement, the adopted comprehensive plan.
3. Sec. 163.3201, F.S., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on, be related to, and be a means of implementation
for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1 )(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted Comprehensive
Plan, or element or portion thereof, and any land development regulations existing at the
time of adoption which are not consistent with the adopted Comprehensive Plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations, including transfer of development
rights, planned unit development, and impact fees.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its
Comprehensive Plan pursuant to the requirements of Sec. 163.3161, et seq., F.S., and
Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), F.S., mandates that after a Comprehensive Plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such Comprehensive Plan, or element or portion
thereof, shall be consistent with such Comprehensive Plan, or element or portion thereof,
as adopted.
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8. Pursuant to Sec. 163.3194(3)(a), F.S., a development order or land
development regulation shall be consistent with the Comprehensive Plan if the land uses,
densities or intensities, and other aspects of development permitted by such order or
regulation are compatible with and further the objectives, policies, land uses, and
densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
9. Pursuant to Section 163.3194(3)(b) F.S., a development approved or
undertaken by a local government shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses, densities
or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by
the local government.
10. On October 30, 1991, Collier County adopted the original Collier County
Land Development Code, which became effective on November 13, 1991.
11. The Board finds that the Land Oevelopment Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
encourage the most appropriate use of land, water and resources, consistent with the
public interest; overcome present handicaps; and deal effectively with future problems
that may result from the use and development of land within the total unincorporated are
of Collier County and it is intended that this Land Development Code preserve, promote,
protect, and improve the public health, safety, comfort, good order, appearance,
convenience, and general welfare of Collier County; prevent the overcrowding of land and
avoid the undue concentration of population; facilitate the adequate and efficient provision
of transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural resources
within the jurisdiction of Collier County; and protect human, environmental, social, and
economic resources; and maintain through orderly growth and development, the
character and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, F.S., and Chapter 163, F.S., and through
these revisions to, and recodification of, the LOC.
SECTION THREE: ADOPTION OF RECODIFICATION TO THE LAND DEVELOPMENT
CODE.
The attached Exhibit "A," being the revised and recodified text of the existing Land
Development Code and corresponding appendices, is hereby adopted by the Board of
County Commissioners as the Land Development Code of Collier County, Florida, as
required by ~ 163.3202 (1) & (3), F.S., and is incorporated by reference as if fully set forth
herein as a part of this adopting Ordinance.
SECTION FOUR: REPEALER.
The Land Development Code set out herein supercedes and repeals any and all
resolutions and ordinances in conflict herewith, specifically including Ordinance No. 91-102,
as amended, except that the legal effect of Section 1 .22.1 as specifically set forth in the
existing Land Development Code on the date this Ordinance becomes effective will remain
unchanged as to the ordinances referenced therein being repealed. Furthermore, all
ordinances pertaining to approved Planned Unit Developments (PUOs), and all changes to
the Official Zoning Atlas, lawfully approved prior to this Ordinance becoming effective, will
remain in effect and not be repealed by, or be affected by, the adoption of this Ordinance.
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SECTION FIVE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
of any other statute, code, local resolution, regulation or other applicable federal, state, or
local law, the more stringent standard, limitation, or requirement shall govern or prevail to
the extent of the conflict, except that in the event that any provisions of the adopted,
re-codified LDC should result in the unintended consequence of an unresolved
conflict with the provisions of the previously adopted LDC, as amended, the prior
provisions will be considered to apply. Determinations regarding such unresolved
cases will be made administratively within ten (10) business days of being
presented in writing to the Zoning & Land Development Review Director by a five
(5) member panel with extensive knowledge of, and significant experience working
with, the LDC, three (3) of whom will be County employees and two (2) of whom
will not, all to be appointed by the Administrator of the Community Development &
Environmental Services Division. If not thereby resolved, the case and all
supporting documentation, may be immediately appealed to, and finally decided
by, the Collier County Planning Commission, and if not thereby resolved, may
then be judicially determined in any manner consistent with the applicable law.
It is the legislative intent of the Board of County Commissioners in adopting this
Ordinance and LOC that all provisions hereof shall be liberally construed to protect and
preserve the peace, health, safety, and general welfare of the inhabitants of the
unincorporated portion of Collier County. Should any portion or provision of this
Ordinance or LOC be held to be unconstitutional or invalid by a court or tribunal of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent portion or provision and such holding shall not be construed as affecting the
validity of any of the remaining portions or provisions.
SECTION SIX: PUBLICATION AS THE COLLIER COUNTY LAND
DEVELOPMENT CODE.
The provisions of this Ordinance as set forth in Exhibit A, being adopted and
enacted as the Official Land Development Code of Collier County, Florida, shall be so
published. The provisions of Exhibit A of this Ordinance may be corrected as to any
misspellings, formatting, or numbering errors; and may be renumbered or relettered, and
the word "ordinance" may be changed tc "section," "chapter, II or any other appropriate
word, as part of the publishing process, so long as the substance and intent of the
adopted provisions is not altered in any way.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective, after filing with the Department of
State, at 12:01 AM on September 27th, 2004
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22nd day of June, 2004.
"""-
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
a.c. ri~~ ~~
By:
DON A FIALA, CHAIRMAN
This ordinance filed with the
Patrick G. hite ~rS~Q.t.
Assistant County Attorney and oeknow dgeme~~t that
flfll)g received this day
of
.C.
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COlliER COUNTY
UNIFIED lAND DEVELOPMENT CODE
TABLE OF CONTENTS
'..
1.01.00 TITLE
1.02.00 AUTHORITY
1.03.00 RULES OF CONSTRUCTION
1.03.01 Generally
1.03.02 Meaning of Text and Graphics
1.03.03 Determination of Time
1.03.04 Delegation of authority
1.04.00 APPLICABILITY
1.04.01 Generally
1.04.02 Applicability to Previously Established Time Limits
1.04.03 Exceptions
1.04.04 Reduction of Required Site Design Requirements
1.04.05 Relationship to Growth Management Plan :-_/
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1.05.00 FINDINGS, PURPOSE, AND INTENT :=r !f2
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1.05.01 Purpose and Intent _:;;~ :t;:: "
1.06.00 RULES OF INTERPRETATION !$f$ {;; ;:::
~_.. .
1.06.01 Responsibility for Interpretations ,~~. 5r fll
1.06.02 Rules for Interpretation of Boundaries ~5f! <2 0
1.06.03 Interpretations Not Covered by fi1.06.02 j;;:;::: ~
1.06.04 Continuity of Zoning
1.07.00 LAWS ADOPTED BY REFERENCE
1.08.00 DEFINITIONS
1.08.01 Abbreviations
1.08.02 Definitions
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CHAPTER 1- GENERAL PROVISIONS
1.01.00 TITLE
This Code shall be known as the lICollier County Land Development Codell and may be
cited and referred to herein as the "LDC." Citation to provisions contained in this LDC
shall be referenced as lISection II
, .
1.02.00 AUTHORITY
The Board of County Commissioners of Collier County has the authority to prepare,
adopt, and enforce this LDC pursuant to article VIII, ~ 1 (f), Fla. Const., ~ 125.01 et seq.
F.S., ~ 163.3161 et seq. F.S., , ~ 163.3201 F.S., ~ 163.3202 F.S., Chapter 9J-5, F.A.C.,
and such other authorities, and provisions established in statutory or common law.
1.03.00 RULES OF CONSTRUCTION
1.03.01 Generally
A. In construction and interpretation of the language of these regulations,
the rules established in this Chapter shall be observed unless such
construction would be inconsistent with the manifest intent of the BCC
as expressed in the Collier County GMP.
B. The rules of construction and definitions established herein shall not be
applied to any express provisions excluding such construction, or
where the subject matter or context of such section is repugnant
thereto. These rules of construction apply to this LDC and to any laws,
codes and rules adopted by reference that do not have specific rules of
construction. If any law, code or rule, now or hereafter, adopted herein
by reference has specific rules of construction, those rules of
construction shall supersede the rules of construction contained in this
Chapter to the extent of any inconsistency or conflict with this Chapter.
C. All provisions, terms, phrases and expressions contained in these
regulations shall be liberally construed in order that the true intent and
meaning of the BCC may be fully carried out. Terms used in these
regulations, unless otherwise specifically provided, shall have the
meanings prescribed by the statutes of this State for the same terms.
D. In the interpretation and application of any provision of these
regulations, it shall be held to be the minimum requirement adopted for
the promotion of the public health, safety, comfort, convenience, and
general welfare. Where any provision of these regulations, the GMP, or
any other law or regulation in effect in Collier County, Florida, imposes
greater restrictions upon the subject matter than any other provision of
these regulations, the GMP, or any other law or regulation in effect in
Collier County, Florida, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
E. In all circumstances, the provisions of these regulations shall be
interpreted and construed to be consistent with the GMP. Where any
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provision(s) of these regulations are determined to be in conflict with
the GMP, the GMP shall control.
1.03.02 Meaning of Text and Graphics
A. The term "written II or "in writingll shall be construed to include any
representation of words, letters, or figures whether by printing or other
form or method of writing.
B. In case of any difference of meaning or implication between the text of
this LDC and any figure, the text shall control.
C. The word "shallll is always mandatory and not discretionary; the word
"may" is permissive.
D. Words importing the masculine gender shall be construed to include
the feminine and neuter.
E. Words and phrases shall be construed according to the common and
approved usage of the language, but technical words and phrases and
such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
F. A word importing the singular number only may extend and be applied
to several persons and things as well as to one person and thing. The
use of the plural number shall be deemed to include any single person
or thing.
G. Words used in the past or present tense include the future as well as
the past or present.
H. Unless the context clearly indicates to the contrary, where a regulation
involves two or more items, conditions, provisions, or events
connected by a conjunction "and,1I "or,1I "either. . . or," the conjunction
shall be interpreted as follows:
1. IIAndll indicates that all the connected terms, conditions, provisions
or events shall apply.
2. 1I0rll indicates that the connected items, conditions, provisions or
events may apply singularly and in any combination.
3. "Either . . . or" indicates that the connected items, conditions,
provisions or events shall apply singularly, but not in combination.
1.03.03 Determination of Time
A. The time within which an act is to be done shall be computed by
excluding the first and including the last day;' if the last day is a
Saturday, Sunday or legal holiday, that day shall be excluded.
B. The word "dayll shall mean a calendar day.
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C. The word month shall mean thirty (30) calendar days, unless a
calendar month is indicated.
O. The word "weekll shall be construed to mean seven (7) calendar days.
E. The word lIyear" shall mean 365 calendar days, unless a fiscal year is
indicated, or unless a calendar year is indicated.
1.03.04 Delegation of Authority.
The authority and responsibility for implementation of the provisions of this
LOC are assigned to the County Manager or designee. Responsibility for
individual provisions, regulations, or sections of the LOC may be
designated, delegated, and assigned to other named individuals on an
annual basis by the County Manager.
1.04.00 APPLICABILITY
1.04.01 Generally
A. The provisions of this LOC shall apply to all land, property and
DEVELOPMENT in the total unincorporated area of Collier County
except as expressly and specifically provided otherwise in this LOC.
No DEVELOPMENT shall be undertaken without prior authorization
pursuant to this LOC. Specifically, no BUILDING, STRUCTURE, land
or water shall hereafter be developed, or occupied, and no BUILDING,
STRUCTURE, or part thereof shall be erected, reconstructed, moved,
located, or structurally ALTERED except in conformity with the
regulations set forth herein and for the zoning district in which it is
located.
B. The regulations established in this LOC and within each zoning district
shall be minimum or maximum limitations, as the case may be, and
shall apply uniformly to each class or kind of STRUCTURE, use, land
or water, except where specific provision is made in this LOC.
C. This LOC shall apply to all division of land and all SUBDIVISIONS in
the total unincorporated area of Collier County, except to the extent as
expressly provided herein. It shall be unlawful for any person to create
a SUBDIVISION of, or to subdivide, or to otherwise divide, any land in
the total unincorporated area of Collier County, except in strict
conformance with the provisions of this LOC and any applicable
provisions of the Collier County Growth Management Plan (GMP).
1.04.02 Applicability to Previously Established Time Limits
A. A. Any time limits on any DEVELOPMENT ORDERS approved prior
to the adoption of this LOC shall continue to run and shall not be
enlarged, expanded or stayed by the adoption of this LOC.
B. This subsection shall not apply to final subdivision plats approved prior
to February 17, 1976.
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C. Any time limits on any NONCONFORMING SIGNS shall continue to
run and shall not be enlarged, expanded or stayed by the adoption of
this LOC.
1.04.03 Exceptions
A. Previously issued building permits. The provisions of this LOC and any
amendments hereto shall not affect the validity of any lawfully issued
and effective building permit issued prior to the effective date of this
LOC if:
1. The DEVELOPMENT activity authorized by the permit has
commenced prior to the effective date of this LOC or any
amendment hereto, or will commence after the effective date of
this LOC but prior to the permit1s expiration or termination; and
2. The DEVELOPMENT activity continues without interruption in
good faith until development is complete. If the building permit
expires, any further development shall be in conformance with the
requirements of this LOC or any amendment hereto.
B. Certain previously approved DEVELOPMENT ORDERS. The
provisions of this LOC shall not affect the types, densities and
intensities of land uses or the YARD or landscape BUFFER width
requirements of any (1) final subdivision plat and final improvement
plan, (2) final site development plan, or (3) phased site development
plan that has been approved for at least one final site development
plan, provided each such DEVELOPMENT ORDER was lawfully
issued prior to the effective date of this LOC and remains effective
according to the time limits and provisions established by this LOC.
1.04.04 Reduction of Required Site Design Requirements
A. No part of a required YARD, required OPEN SPACE, required off-
street parking space, or required off-street LOADING SPACE,
provided in connection with one BUILDING, STRUCTURE, or use
shall be included as meeting the requirements for any other,
STRUCTURE, or use, except where specific provision is made in this
LOC.
B. No LOT, even though it may consist of one or more ADJACENT LOTS
of record, or YARD existing at the effective date of this LOC shall
thereafter be reduced in size, dimension, or area below the minimum
requirements set forth herein, except by reason of a portion being
acquired for public use in any manner, including dedication,
condemnation, purchase and the like. YARDS, LOT area, and LOT
dimensions reduced in this manner, may be reduced by the same
amount involved in the dedication, condemnation, purchase or similar
- method of acquisition, but shall not result in a front YARD less than ten
(10) feet in depth. LOTs or YARDS created after the effective date of
Page 4 of 36
this LOC shall meet at least the minimum requirements established
herein.
C. Required off-street parking according to the requirements of this LOC
shall not be reduced in area or changed to any other use unless the
permitted or permissible use that it serves is discontinued or modified,
or equivalent required off-street parking is provided meeting the
requirements of this LOC.
1.04.05 Relationship to Growth Management Plan
The adoption of this LOC is consistent with, compatible with and furthers
the goals, policies, objectives, land uses, and densities or intensities
contained and required in the GMP , and it implements and directly
advances the goals, policies and objectives of the GMP. The Board of
County Commissioners of Collier County hereby declares and affirmatively
states that in the event that any land development regulation, this LOC, or
any provision hereof or amendment hereto is not consistent with the
adopted Collier County GMP, as amended, the provisions of the Collier
County GMP, as amended, shall govern any action taken with regard to
an application for a DEVELOPMENT ORDER or other activity.
Furthermore, any land development regulation, this LOC, or any provision
hereof or amendment hereto shall be interpreted, construed and
implemented in such a manner which will make it most consistent with the
Collier County GMP, as amended.
1.05.00 FINDINGS, PURPOSE, AND INTENT
1.05.01 Purpose and Intent
A. It is the purpose of the Board of County Commissioners of Collier
County to establish the standards, regulations and procedures for
review and approval of all proposed OEVELOPMENT of property in
unincorporated Collier County, and to provide a development review
process that will be comprehensive, consistent, and efficient in the
implementation of the goals, objectives, and policies of the GMP.
B. In order to foster and preserve public health, safety, comfort and
welfare, and to aid in the harmonious, orderly, and progressive
DEVELOPMENT of the unincorporated areas of Collier County, it is
the intent of this LOC that the DEVELOPMENT process in Collier
County be efficient, in terms of time and expense, effective, in terms of
addressing the natural resource and public facility implications of
proposed DEVELOPMENT, and equitable, in terms of consistency with
established regulations and procedures, respect for the rights of
property owners, and consideration of the interests of the citizens of
Collier County.
C. The Board of County Commissioners deems it to be in the best public
interest for all property and development to be conceived, designed,
Page 5 of 36
.-----,---"-.,.'. ._--._,.~-_."_._-,-_.~ "_ ~M__',,_~._ -,,-,--_._..._~
built, and used in accordance with good planning and design practices
and the minimum standards set forth in this LOC.
O. It is the intent and purpose of this LOC to establish and adopt
comprehensive zoning regulations governing the use of land and water
in the unincorporated areas of Collier County, Florida. These
regulations are based on a comprehensive plan for futu re
DEVELOPMENT, and are enacted to protect, promote, and improve
the public health, safety, comfort, order, appearance, convenience,
morals and general welfare of. the residents of the County.
E. This LOC intends to accomplish and to provide for efficiency and
economy in the process of future DEVELOPMENT and
redevelopment; appropriate use of land; preservation, protection,
conservation, and DEVELOPMENT of the natural resources of land,
water and air; convenience in circulation of traffic for the transport of
people, goods, and commodities; protection of persons and property in
FLOODWAYS and FLOODPLAINS; healthful and convenient
distribution of population; adequate and continuously maintained public
facilities and utilities; promotion of amenities, both public and private,
to maintain and improve the quality of life for all residents; and
DEVELOPMENT consistent with the GMP.
F. In order to ensure that all DEVELOPMENT in unincorporated Collier
County is consistent with the Collier County GMP, it is necessary and
proper to establish a series of zoning districts to ensure that each
permitted, ACCESSORY and conditional use is compatible with
surrounding land uses, served by adequate public facilities, and
sensitive to natural and coastal resources. Each zoning district has its
own purpose and establishes permitted uses, uses ACCESSORY to
permitted uses, conditional uses, dimensional standards and other
land use, DENSITY and intensity regulations and references, SIGN
regulations, off-street parking and loading regulations, landscaping
regulations, and other regulations that control the use of land in each
zoning district. All DEVELOPMENT within each zoning district shall be
consistent with the purposes and regulations stated for that zoning
district in Chapter 2.
1.06.00 RULES OF INTERPRETATION
1.06.01 Responsibility for Interpretations
A. The County Manager or designee shall have th~ authority to make all
interpretations of the text of this LOC, the boundaries of zoning districts
on the official zoning atlas, and to make all interpretations of the text of
the GMP and the boundaries of land use districts on the future land
use map.
Page 6 of 36
B. The County Manager or designee shall have the authority to make all
interpretations of the text of this LDC on matters related to the Building
Code, building permit requirements, building construction
administrative code or building permits.
C. During the course of review of a DEVELOPMENT ORDER or permit,
as the case may be, should an APPLICANT and staff be unable to
concur on the application of a specific provision or provisions of this
LDC, the County Manager or designee shall be authorized to make a
final determination. The procedures for issuance of a determination are
provided in Chapter 10.
1.06.02 Rules for Interpretation of Boundaries
Interpretations regarding boundaries of land use districts on the future
land use map or boundaries of zoning districts on the official zoning atlas
shall be made in accordance with the provisions of this section.
A. District regulations extend to all portions of districts surrounded by
boundaries. Except as otherwise specifically provided, a district symbol
or name shown within district boundaries on the future land use map or
the official zoning atlas indicates that district regulations pertaining to
the district extend throughout the whole area surrounded by the
boundary line.
B. Where uncertainty exists as to the boundaries of land use districts as
shown on the future land use map or boundaries of zoning districts as
shown on the official zoning atlas, the following rules shall apply:
1. Boundaries indicated as approximately following the centerlines of
dedicated STREETS, highways, ALLEYS, or RIGHTS-OF-WAY
shall be construed as following such centerline as they exist on the
ground, except where variation of actual location from mapped
location would change the zoning status of a LOT or PARCEL, in
which case the boundary shall be interpreted in such a manner as
to avoid changing the zoning status of any LOT or PARCEL. In
case of a STREET vacation, the boundary shall be construed as
remaining in its location except where ownership of the vacated
STREET is divided other than at the center, in which case the
boundary shall be construed as moving with the ownership.
2. Boundaries indicated as approximately following LOT LINES,
public property lines, and the like shall be construed as following
such lines; provided, however, that where such boundaries are
ADJACENT to a dedicated STREET, ALLEY, highway, or RIGHT-
OF-WAY and the zoning status of the STREET, highway, ALLEY,
or RIGHT-OF-WAY and is not indicated, the, boundaries shall be
construed as running to the middle of the STREET, highway,
ALLEY, or RIGHT-OF-WAY. In the event of STREET vacation,
interpretation shall be as provided in section 1.06.02 (B)(1).
Page 7 of 36
--_.,..~--"._..,--
3. Boundaries indicated as approximately following city or county
limits shall be construed as following such city or county limits.
4. Boundaries indicated as following railroad tracks shall be
construed as being midway between the main tracks.
5. Boundaries indicated as following MEAN HIGH-WATER LINES or
centerlines of streams, canals, lakes, or other bodies of water shall
be construed as following such MEAN HIGH-WATER LINES or
centerlines. In case of a change in the MEAN HIGH~WATER LINE,
or of the course or extent of bodies of water, the boundaries shall
be construed as moving with the change, except where such
moving would change the zoning status of a LOT or PARCEL; and
in such case the boundary shall be interpreted in such a manner
as to avoid changing the zoning status of any LOT or PARCEL.
6. Boundaries indicated as entering any body of water but not
continuing to intersect with other zoning boundaries or with the
limits of jurisdiction of Collier County shall be construed as
extending in the direction in which they enter the body of water to
intersection with other zoning boundaries or with the limits of
County jurisdiction.
I
7. Boundaries indicated as following physical features other than
those listed above shall be construed as following such physical
features, except where variation of actual location from mapped
location would change the zoning status of a LOT or PARCEL,
and in such manner as to avoid changing the zoning status of any
LOT or PARCEL.
8. Boundaries indicated as parallel to or extensions of features
indicated in sections 1.06.02(B)(1) through 1.06.02(B)(7) shall be
construed as being parallel to or extensions of such feature.
9. Distances not specifically indicated on the official zoning atlas shall
be determined by the scale of the map on the page of the atlas
showing the property in question.
10. Where a district boundary divides a LOT OF RECORD at the time
the boundary was established, and where the division makes
impractical the reasonable use of the LOT, the extension of the
regulations for the front LOT may be permitted as a conditional use
for not to exceed 50 feet beyond the district line into the remaining
portion of the LOT.
1.06.03 Interpretations Not Covered by g1.06.02
In cases not covered by section 1.06.02, or where the property or
STREET layout existing on the ground is at variance with that shown on
the official zoning atlas, the interpretation of the future land use map or the
official zoning atlas shall be in accordance with the purpose and intent of
the GMP and this LDC.
Page 8 of 36
1.06.04 Continuity of Zoning
In the event any unincorporated territory within Collier County shall
hereafter become incorporated, any and all zoning regulations which may
be in effect in such territory and administered by the County shall remain
in full force and effect and shall continue to be administered and enforced
by the County under this LOC until such time as municipal zoning within
such territory shall be adopted and take effect.
1.07.00 LAWS ADOPTED BY REFERENCE
The following Collier County ordinances and laws, as amended or superseded, are
hereby incorporated into this LOC by reference as if fully set forth and recited herein.
Repeal or amendment of these ordinances, or adoption of successor ordinances, shall
not be subject to procedures otherwise required for adoption of amendments to this
LOC, except as otherwise required by general law.
Subject Ordinance Number
Building Construction Administrative Code 2002-01 [Code of Laws Ch. 22, Art. II]
Florida Building Code 2001, including the 2002-01 [Code of Laws ~~ 22-106, 22-
following technical codes: 107]
. Plumbing
. Mechanical
. Fuel Gas
Plumbing Code [Code ~~ 22-106, 22-108]
Mechanical Code [Code ~~ 22-106, 22-109]
Gas Code [Code ~~ 22-106, 22-11 0]
Swimming Pool Code [Code ch. 22, art. IV, div. 3]
The National Electrical Code NFPA 70 1999 [Code ch. 22, art. IV, div. 2]
Florida Fire Prevention Code
. Chapter 4A-60, F.A.C. 2002-49 [Code of Laws Ch. 58, Art. II]
. National Fire Protection Association
(NFPA) 1 with modification by Ch. 4A-
60.003 F.A.C.
. National Fire Protection Association
(NFPA) 101 with modification by Ch. 4A-
60.004 F.A.C.
. Publications added to NFPA 1 and NFPA
101 by 4A-60.005
. Local Amendments Ord. # 2002-49
Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX]
2002-1
Utility Standards 88-76 rCode ch. 134, art. 1111
Page 9 of 36
. --. .-----.-
89-23
89-32
2001-57
Public Right-of-Way Standards 82-91 [Code ch. 110, art. II]
89-2693-64
Seawall Construction 85-2 [Code ch. 22, art. IX]
85-26
86-5
Water Policy 74-50 [Code ch. 90, art. II]
90-1 0
2001-27
Collier County Streetscape Master Plan 97 -25
(CCSMP)
1.08.00 DEFINITIONS
1.08.01 Abbreviations
,
,
AASHTO American Association of State Highway and Transportation Officials
ACSC Big Cypress Area of Critical State Concern
ADT Average Daily Trips
AHDB Affordable Housing Density Bonus
ALF Assisted Living Facility
ASTM American Society for Testing and Materials
AUIR Annual Update and Inventory Report
BOA Collier County Building Board of Adjustments and Appeals
BCC Collier County Board of County Commissioners
BZA Collier County Board of Zoning Appeals
CFR Code of Federal Register
CSP Conceptual Site Plan
DBH Diameter at Breast Height
DEP Department of Environmental Protection
DO Development Order
DRI Development of Regional Impact
EAC Collier County Environmental Advisory Council
EIS Environmental Impact Statement
FAC Florida Administrative Code
FAR Floor Area Ratio
FBC Florida Building Code
FAR Floor Area Ratio
FDEP Florida Department of Environmental Protection
FOOT Florida Department of Transportation
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
Page 10 of 36
FIS Flood insurance study
FLDO Final Local Development Order
F.S./Fla. Stat.Florida Statues
FSP Final Subdivision Plat
GMP Collier County Growth Management Plan
HVAC Heating, Ventilation, & Air Conditioning
LOC Collier County Land Development Code
LOS Level of Service
NBMO North Belle Meade Overlay
NGVD National Geodetic Vertical Datum
NOAA National Oceanic and Atmospheric Administration
NRPA Natural Resource Protection Area
PC Planning Commission
PSP Preliminary Subdivision Plat
PUD Planned Unit Development
RFMU Rural Fringe Mixed-Use
RLSA Rural Lands Stewardship Area
ROW Right-of-way
SBR School Board Review
SDP Site Development Plan
SIP Site Improvement Plan
SFWMD South Florida Water Management District
SLOSH Sea, Lake, and Overland Surge from Hurricane
TDR Transfer of Development Rights
1.08.02 Definitions
Abut or abutting. To share a common property line or boundary at anyone point.
Accent lighting. Strands or tubes of lighting that outline a structure, or to maintain a
common architectural theme to attract attention to any business, service, or other
related functions.
Access: The means or place of ingress and egress, by pedestrian or vehicle, to a lot or
parcel.
Access waterways: A waterway which is developed or constructed in conjunction with
the division of real property for the purpose of providing access by water to lots within a
subdivision. (See Chapters 4 and 10).
Access01Y use or structure: A use or structure located on the same lot or parcel and
incidental and subordinate to the principal use or structure.
Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see
also Abutting property or adjacent property].
Page 11 of 36
-,--._-._. ~--_._-_.~
Adjacent To share a common property line or boundary, or to be separated by a public
right-of-way, easement, or water body.
Adult day care center. A facility that provides temporary care on a daily basis for adults,
whether for compensation or not, and without overnight accommodations.
Adverse Impacts: Impacts generated by land alteration or land use, whether permanent
or temporary, which, as a result of an environment or hydrological impact analyses, are
likely to or have been shown to have a negative impact on any of the following: listed
species and their habitat; natural reservations and other areas of protected native
vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and
historic or archeological resources identified by Collier County or the State of Florida.
Aeronautics: Means transportation by aircraft; the operation, construction, repair, or
maintenance of aircraft, aircraft power plants and accessories, including the repair,
packing, and maintenance of parachutes; the design, establishment, construction,
extension, operation, improvement, repair, or maintenance of airports, restricted landing
areas, or other air navigation facilities, and air instruction.
Agricultural products: Those goods primarily resulting from farming activities. Such
agricultural products require little or no processing after the production or harvest stage
in order to ready the product for sale, including, but not limited to, produce, fruits, trees,
shrubs, ornamental plants, honey, and nuts.
Agricultural uses: Activities within land areas which are predominantly used for the
cultivation of crops and livestock including: cropland, pastureland, orchards, vineyards,
nurseries, ornamental horticulture areas, groves, confined feeding operations, specialty
farms, and silviculture areas.
Airport: Any area of land or water designed and set aside for the landing and taking off
of aircraft. The term may include facilities for refueling, repair, handling, and storage of
aircraft or facilities for passengers and freight.
Airport hazard: Any structure or tree or use of land which would exceed the federal
obstruction standards as contained in 14 C.F.R. 9977.21, 77.23, 77.25, 77.28, and
77.29, and which obstructs the airspace required for the flight of aircraft in taking off,
maneuvering, or landing, or is otherwise hazardous to such taking off, maneuvering, or
landing of aircraft.
Alley. A public or approved private way which affords only a secondary means of
access to abutting properties and which is not intended for general traffic circulation.
See Figu re 1.
Alter. Any change to one or more external features or dimensions of a building or
structure; any change to supporting members or bearing walls of a building or structure;
any change to lot area or dimensions; and any moving of a building or structure. Any
Page 12 of 36
change to the shape, area, or dimensions of required landscaped areas, designated
open spaces, parking lots and vehicle use areas, or accessory uses or structures.
Anchor tenant The tenant of a multiple-occupancy commercial structure, which
generally occupies a larger square footage than the majority of commercial tenants.
Anchor tenants tend to be those tenants, within a multi-use structure, with whom the
center may be identified, or which may generate higher volumes of traffic. A multi-
occupancy structure may have one (1) or mor~ ,anchor tenants.
Ancillary plant: The building, site and site improvements necessary to provide such
facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings
necessary to provide support services to an educational program which may lawfully be
used as authorized by the Florida Statutes and approved by the Collier County School
Board.
Antenna structure: A base, stand, or other method of stabilizing an antenna, but the
primary purpose is other than raising the height of an antenna.
Applicant The owner of record of property, or his authorized agent, making an
application or other submission to Collier County for approval of development.
I
Aquaculture: The cultivation of marine or aquatic species (fresh or salt water) under
either natural or artificial conditions.
Aquifer. A geologic formation, group of formations, or part of a formation that contains
sufficient saturated permeable material to yield useful quantities of groundwater to wells
and springs.
Area of environmental sensitivity. An area where environmental quality may be highly
susceptible to degradation and where alteration may cause predictable losses of natural
resources.
Area of special flood hazard: The area/land in the flood plain within a community subject
to a one percent or greater chance of flooding in any given year. These areas are
designated on the Flood Insurance Rate Map.
Arterial road or street A roadway providing service which is relatively continuous and of
relatively high traffic volume, long trip length, and high operating speed. In addition,
every United States numbered highway is an arterial road. See Figure 1 .
Assisted living facility. Any building(s), section of a building, distinct part of a building,
residence, private home, boarding home, or other place, whether operated for profit or
not, which undertakes through its ownership or management to provide for a period
exceeding twenty-four (24) hours, housing, food service, and one (1) or more personal
services for four (4) or more adults, not related to the owner or administrator by blood or
marriage, who require such services and to provide limited nursing services, when
Page 13 of 36
-.-.
specifically licensed to do so pursuant to ~ 400.407, F.S. A facility offering personal
services or limited nursing services for fewer than four (4) adults is within the meaning
of this definition if it formally or informally advertises to or solicits the public for residents
or referrals and holds itself out to the public to be an establishment that regularly
provides such services.
Authorized agent Any person authorized in writing by the owner of record to act on the
behalf of the owner of record of a particular parcel of land.
Automobile service station: any commercial or industrial facility wherein the retail sale of
gasoline is conducted. Where the sale of gasoline is provided only as a "secondary
function," such as a retail establishment (i.e. - grocery store or warehouse) that provides
gasoline for its customers/members as an incidental service, the structures and site
related to the fuel facility will be considered an automobile service station.
Auxiliary facility: The spaces located at educational plants which are not designed for
student occupation stations.
Average daily trips: A weighted average of the number of vehicle trips or trip ends per
unit of independent variable (e.g. trip ends per occupied dwelling unit or employee)
using a site's driveway(s). The weighted average rate is calculated by summing all trips
or trip ends and all independent trip variable units where paired data are available, and
then dividing the sum of the trip ends by the sum of the independent variable units.
Base flood elevation: A flood elevation having a one percent chance of being equaled or
exceeded in any given year.
Beach: The zone of unconsolidated material that extends landward from the mean low
water line to the place where there is marked change in material or physiographic form,
or to the line of permanent vegetation, usually the effective limit of storm waves.
Berm: A mound of earth to provide screening or buffering between uses.
Bike lane: A portion of a roadway which has been designed, constructed, and
designated by signing and pavement markings in accordance with the most current
"Florida Bicycle Facilities Design Standards and Guidelines" requirements.
Block A parcel or parcels of land bounded by public streets (other than alleys), public
land, a water body, or physical barrier. Also, the land fronting a street between
intersecting streets. See Figure 2.
Boate/: A facility offering transient lodging accommodations normally on a daily rate for
boat travelers. These accommodations include wet boat slips, where guests mayor
may not sleep on their boat.
Page 14 of 36
Boathouse: A building or structure used for the storage of boats, watercraft, or
equipment that is accessory to boats or watercraft.
Bonus Credit: A unit representing the right to increase the density or intensity of
development within a Rural Village to an extent equal to that achieved through TOR
Credits, up to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)]
Breakaway walt. A wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the building or the supporting
foundations system.
Buffer (also, landscape buffer): Land or a combination of land and vegetation for the
separation of one (1) use from another and the alleviation of adverse effects of one (1)
use to another.
Building. Any structure having a roof supported by columns or walls designed or built for
the support, enclosure, shelter, or protection of persons, animal, chattel, or property of
any kind.
Building, Actual height of: The vertical distance from the average centerline elevatiQn of
the adjacent roadways to the highest structure or appurtenances without the exclusions
of section 4.02.01.
Building, Zoned height of: The vertical distance from the first finished floor to the highest
point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and
to the mean height level between eaves and ridge of gable, hip, and gambrel roofs.
Existing grade shall not be altered to gain building height. Where minimum floor
elevations have been established by law or permit requirements, the building height
shall be measured from such required minimum floor elevations. (See section 4.02.01,
Exclusions from height limits, and off-street parking within a building.) Required
minimum floor elevations shall be in conformance with the Collier County Administrative
Construction Code (see County adopted FBC Section 104.2.1.2. Additional
Requirements, 8., as set forth in Code of Laws ~ 22-26) and, if necessary, FDEP
requirements for minimum habitable first-floor structural support. Rooftop recreational
space and accessory facilities are also exempted from the limitations established for
measuring the height of buildings. See Figure 3.
Bulkhead: A retainer wall or structure designed to prevent erosion of land by water
action.
Bulkhead line: A fixed line established in or along the Gulf of Mexico, a river,
watercourse, or other body of water, in order to fix and establish the distance from the
shoreline within which filling may be permitted and bulkheads constructed.
Page 15 of 36
~._--- -_..
Cabana: An accessory structure providing shelter for recreational use with or without
toilet facilities, not to be used for living quarters.
Camping cabin: A wooden structure designed as a detached, temporary living unit for
recreation or vacation purposes.
Care unit A residential treatment facility, whether or not for compensation, where
persons under care receive food, lodging and some form of on-site therapeutic care on
a daily basis. Care may involve psychiatric, psychological, medical, and physiological
therapies, behavior modification, and other such services. This type of facility shall
contain fifteen (15) or more persons under care, plus resident supervisors as required
by the FAC, and shall permit all of the list of uses as permitted by group care facilities
(category I and category II), (Le., assisted living facilities; foster care facilities; facilities
for: aged persons, developmentally disabled persons (as defined in the FAC), physically
disabled or handicapped persons (as defined in the FAC); crisis and attention care;
displaced adult care; homeless shelters; mental and emotional health care; offender
halfway houses; spouse abuse care; substance abuse care; and youth shelters).
Child care center. An establishment which provides, whether for compensation or not,
temporary care, protection, guidance, and supervision of a child, on a daily or other
regular basis, excluding overnight accommodations. This definition includes such terms
as day nurseries, day care service, day care agency, nursery school, or play school.
The term does not include summer camps or family day care homes.
Church: A building or group of buildings and/or structures providing a place of
assembly for worship, ceremonies, or rituals pertaining to a particular system of beliefs.
Civic and institutional buildings: Structures developed for and/or used by established
organizations or foundations dedicated to public service or cultural activities including,
but not limited to, the arts, education, government and religion.
Cluster. Concentrating or grouping buildings more closely than in conventional
arrangements, locating such buildings on a limited portion of a development site, in
order to allow for open space or preservation of natural features.
Cluster Development: A design technique allowed within residential zoning districts or
where residential development is an allowable use. This form of development employs
a more compact arrangement of dwelling units by allowing for, or requiring as the case
may be, reductions in the standard or typical lot size and yard requirements of the
applicable zoning district, in order to: increase common open space; reduce the overall
development area; reduce alterations and impacts to natural resources on the site; to
preserve additional native vegetation and habitat areas; and, to reduce the cost of
providing services, including but not limited to central sewer and water.
Page 16 of 36
Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be
established in the regional hurricane evacuation study applicable to the local
government.
Coastal zone: Refers to all land and territorial waters west of SLOSH zone 1 line
(approximately U.S. 41, for most of the county), including water and submerged lands of
oceanic water bodies or estuarine water bodies; shorelines adjacent to oceanic waters
or estuaries; coastal barriers; living marine resources; marine wetlands; water-
dependent facilities or water-related facilities on oceanic or estuarine waters; or public
access facilities to oceanic beaches or estuarine shorelines; and all lands adjacent to
such occurrences where development activities would impact the integrity or quality of
the above.
Collector road or street A roadway providing service which is of relatively moderate
traffic volume, moderate trip length, and moderate operating speed. Collector roads
collect and distribute traffic between local roads or arterial roads. See Figure 1.
Compatibility. A condition in which land uses or conditions can coexist in relative
proximity to each other in a stable fashion over time such that no use or condition is
unduly negatively impacted directly or indirectly by another use or condition.
Compatibility review: A review pursuant to the Architectural and Site Design Standards
contained within section 5.05.08 of the Land Development Code (LDC) in effect at the
time SBR Letters of Compliance are requested and that pertains to issues of
compatibility with surrounding uses, complimentary patterns of development and
mitigation of negative impacts. The Compatibility Review will be limited to compatibility
issues, external sidewalks and pathway connections, lighting, dumpster location and
screening, and orientation of buildings and ancillary facilities.
Concurrency. The public facilities and services necessary to maintain the adopted level
of service standards are available when the impacts of development occur.
CON District: Lands that are generally depicted on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas, as Conservation. [sec. 2.03.05]
Conditional use: A use that, due to special circumstances, is not permissible in a zoning
district, but may be appropriate if controlled as to number, area, location, or relation to
the neighborhood.
Condominium: That form of ownership of real property which is created pursuant to the
provisions of F.S. Ch. 718, under which units or improvements are subject to ownership
by one (1) or more owners, and there is appurtenant to each unit as part thereof an
undivided share in common elements.
Conservation uses: Activities or conditions within land areas designated for the purpose
of conserving or protecting natural resources or environmental quality, including areas
Page 17 of 36
~.,--"-_. ..------
designated for such purposes as flood control, protection of quality or quantity of
groundwater or surface water, floodplain management, commercially or recreationally
valuable fish and shellfish, or protection of vegetative communities or wildlife habitats.
Consistency Review: A review process whereby the County will determine prior to the
School Board's acquisition of property whether such property is consistent with the
locational criteria of the Growth Management Plan's Future Land Use Element and
Map, Golden Gate Area Master Plan and Immokalee Area Master Plan, and whether
the plant or facility is a permitted use, conditional use or prohibited use in the zoning
district on the site, pursuant to the 2003 Interlocal Agreement.
Cul-de-sac: A street terminated at the end by a vehicular turnaround. See Figure 1.
Density Blending: The distribution of the gross density or intensity allowable on a parcel
or parcels throughout those parcels.
Density, residential: The number of residential dwelling units permitted per gross acre of
land allowed under the Comprehensive Plan's Density Rating System subject to
limitations of the corresponding zoning district determined by dividing the development's
total number of dwelling units by the total area of residential land within the legally
described boundaries of the residential development's lot(s) or parcel(s). Total
residential land area does not include existing platted land area for vehicular rights-of-
way, whether public or private, nor land within a planned unit development district that is
to be used for commercial or industrial uses, except where allowed by the GMP. Total
residential land area may include land submerged beneath an existing freshwater body
(e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is
provided at the time of development application, but may not include land submerged
beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes
of calculating density the total number of dwelling units may be rounded up to the next
whole number if the dwelling unit total yields a fraction of a unit .5 or greater.
Development The carrying out of any building activity or mining operation, the making
of any material change in the use or appearance of any structure or land, or the dividing
of land into three (3) or more parcels. The following activities or uses shall be taken for
the purposes of this Code to involve 'Idevelopment":
a. A reconstruction, alteration of the size, or material change in the external
appearance of a structure on land.
b. A change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure or on land or a material increase in the number of
businesses, manufacturing establishments, offices, or dwelling units in a
structure or on land.
c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or
canal, including any "coastal construction" as defined in 9 161.021, F.S.
Page 18 of 36
d. Commencement of drilling, except to obtain soil samples, mining, or
excavation on a parcel of land.
e. Demolition of a structure.
f. Clearing of land as an adjunct of construction.
g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
Development agreement An agreement regarding the development of property that
complies with the requirements of the Florida Local Government Development
Agreement Act, ~163.3220-.3243, F.S.
Development order. Any order, permit, determination, or action granting, denying, or
granting with conditions an application for any final local development order, building
permit, temporary use permit, temporary construction and development permit, sign
permit, well permit, spot survey, electrical permit, plumbing permit, occupational license,
boat dock permit, HV AC permit, septic tank permit, right-of-way permit, blasting permit,
excavation permit, construction approval for infrastructure (including water, sewer,
grading, and paving), approved development of regional impact (DRI), zoning ordinance
amendment, comprehensive plan amendment, flood variance, coastal construction
control line variance, vegetation removal permits, agricultural clearing permits, site
development plan approval, subdivision approval (including plats, plans, variances, and
amendments), rezoning, PUD amendment, conditional use (provisional use), variance,
or any other official action of Collier County having the effect of permitting development
as defined in this Code.
Development plan: A graphic representation along with supportive information and data
depicting the intended development.
Diameter at breast height: The diameter of the trunk, limb, or stem material measured at
the point or points of the tree located 41/2 feet from where the tree emerges from the
substrate. In the case of multi-trunked trees, the DBH is measured by the sum of
diameters of each trunk at the point or points located 41/2 feet from where the tree
emerges from the substrate. See Figure 4.
Dock Any structure constructed in or over a waterway for the primary purpose of
mooring a boat or other watercraft.
Dock facility. Includes walkways, piers, and pilings associated with the dock.
Drainage facilities (also called stormwater management facilities): Man-made
structures designed to collect, convey, hold, divert, or discharge stormwater, and
includes stormwater sewers, canals, detention structures, and retention structures.
Driveway. A vehicle access provided between a street and a parking space, parking lot,
garage, or other parking area. See Figure 1.
Page 19 of 36
..----- ~_.- ,-~-
Dune: A mound or ridge of loose sediments, usually sand-sized sediments, lying
landward of the beach and extending inland to the landward toe of the dune, which
intercepts the 1 OO-year storm surge.
Duplex: A freestanding building, which contains only two (2) dwelling units.
Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate,
independent housekeeping establishment f9f no more than one (1) family, and
physically separated from any other rooms or housekeeping establishments which may
be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities,
and a kitchen.
Dwelling, multi-family. A group of three (3) or more dwelling units within a single
building.
Dwelling, single-family or one-family. A building that contains only one (1) dwelling unit.
Easement An interest in land owned by another that entitles its holder to a specific
limited use or enjoyment.
Educational Facilities: The buildings and equipment, structures, and special I
I
educational use areas that are built, installed, or established to serve primarily the
educational purposes and secondarily the social and recreational purposes of the
community and which may lawfully be used as authorized by the Florida Statutes and
approved by the Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the
educational program of each plant.
Environmental quality. The character or degree of excellence or degradation in the total
essential natural resources of the area as measured by the findings and standards of
the physical, natural, and social sciences, the arts and technology, and the quantitative
guidelines of federal, state, and county governments.
Environmental Impact Statement (EIS): A document or documents that provide an
objective evaluation of the impacts of a proposed development or other alteration of the
existing natural conditions on the natural resources, environmental quality, and listed
species.
Essential Services: Those services and facilities, including utilities, safety services, and
other government services, necessary to promote and protect public health, safety and
welfare, including but not limited to the following: police; fire, emergency medical, public
park and public library facilities; and all services designed and operated to provide
water, sewer, gas, telephone, electricity, cable television or communications to the
general public by providers that have been approved and authorized according to laws
Page 20 of 36
having appropriate jurisdiction, and governmental facilities.
Exploration, oil and gas: Activities and facilities involved in the search for and
subsequent production testing and field delineation of discovered petroleum and natural
gas resources as defined by or used in the context of Florida Statutes and
Administrative Code, which may include geophysical exploration activities and surveys,
construction of temporary access roads and pads, exploratory drilling and the in-field
separation and removal of test production. (See Oil extraction and related processing)
Facade: That portion of any exterior elevation of a building extending from finished
grade to the top of the parapet wall or eaves, extending the entire width of the building
elevation, and exposed to public view.
Family care facility. A residential facility designed to be occupied by not more than six
(6) persons under care, plus supervisors as required by subsection 10A-5.019, FAC,
and constituting a single dwelling unit (Le., adult congregate living facility for: aged
persons; developmentally disabled persons; physically disabled or handicapped
persons; mentally ill persons; and persons recovering from alcohol and/or drug abuse.
Foster care facilities are also included, but not the uses listed under group care facility
(category II). This use shall be applicable to single-family dwelling units and mobile
homes.
Family day care home: Shall have the meaning provided in the Florida Statutes.
Final local development order. Any valid, unexpired building permit issued by the
county.
Fire station: The building(s) and site of a government establishment primarily engaged
in firefighting, used to house fire trucks and other emergency vehicles, firefighting
equipment and apparatus, firefighters, and support/administrative staff.
Fire station services, ancillary: Fire protection activities imperative to carry out the
purposes of a government establishment primarily engaged in firefighting, such as fire
training camps, but which is not required to be located at a fire station for that fire
station to serve its function. However, services designed to repair any firefighting
equipment is not an ancillary fire station service.
Flood: A general and temporary condition of partial or complete inundation of normally
dry land area from the overflow of inland or tidal waters or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood elevation determination: A determination by the County Manager or designee of
the water surface elevations of the base flood, that is, the flood .Ievel that has a one
percent or greater chance of occurrence in any given year.
Flood insurance rate map (FIRM): An official map of Collier County, Florida, on which
Page 21 of 36
..-
the County Manager or designee has delineated. both the special hazard areas and the
risk premium zone applicable to the community.
Flood insurance study (FIB): The official report provided in which the Federal
Emergency Management Agency (FEMA) has provided flood profiles, as well as the
Flood Insurance Rate Maps and the water surface elevation of the base flood.
Flood plain: Area inundated during a 1 OO-ye~r flood event or identified by the National
Flood Insurance Program as an A Zone or V Zone on Flood Insurance Rate Maps or
Flood Hazard Boundary Maps. '..
Flood prone area: Any land area susceptible to being inundated by water from any
source (see definition of "flood").
Floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water su rface elevation more than one foot.
Floor area: The sum of the gross horizontal areas of the several floors of a building
measured from the exterior faces of the exterior walls or from the centerline of common
walls separating two (2) buildings, excluding attic areas with a headroom of less ithan
seven (7) feet, enclosed or unenclosed stairs or fire escapes, elevator structures,
cooling towers, areas devoted to air conditioning, ventilating or heating or other building
machinery and equipment, parking structures, and crawl space where the ceiling is not
more than an average of forty-eight (48) inches above the general finished grade level
of the adjacent portion of the lot, except as may be otherwise indicated in relation to
particular districts and uses.
Floor area ratio (FAR): A means of measurement of the intensity of building
development on a site. A floor area ratio is the relationship between the gross floor area
on a site and the gross land area. The FAR is calculated by adding together the gross
floor areas of all buildings on the site and dividing that figure by the gross land area.
See Figure 5.
Flowway: A natural or manmade swath of land, varying in width and length,
providing for the conveyance of water, primarily sheet flow, during seasonally wet
periods, generally from north to south, and providing beneficial wildlife habitat and
aquifer recharge.
Frontage: The side of a lot or parcel abutting a street. Where a lot abuts two (2) or
more streets, frontage is defined as the side of a lot where the main building entrance is
located. See figure 2.
Grade: A reference plane representing the average of finished ground level adjoining
the building at all exterior walls. When the finished ground level slopes away from the
exterior walls, the reference plane shall be established by the lowest points within the
Page 22 of 36
area between the building and the lot line or between the building and a point 6ft (1829
mm) from the building, whichever is closer to the building.
Greenbelt: A required buffer and open space area surrounding a Rural Village. [sec.
2.03.08 (A)(2)(b)(6)]
Group care facility: A type of facility, which provides a living environment for seven (7) to
fourteen (14) persons under care who operat~. as the functional equivalent of a family,
including such supervision and care by supportive staff as may be necessary to meet
the physical, emotional, and social needs of the residents.
a. Category I: A group care facility designed to accommodate seven (7) to fourteen
(14) persons under care, plus resident supervisors as required by Florida
Administrative Code (Le., adult congregate living facilities for aged persons;
developmentally disabled persons (as defined in Florida Statutes; physically
disabled or handicapped persons, as defined in Florida Statutes; mentally ill
persons (as defined in Florida Statutes; and persons recovering from alcohol
and/or drug abuse. Foster care facilities are also included.
b. Category II: A group care facility designed to accommodate seven (7) to fourteen
(14) persons under care, plus resident supervisors as required by Florida
Administrative Code. This type of facility offers a higher level of personal and
therapeutic care than a category I facility (Le., crisis and attention care, displaced
adult care, homeless shelters, mental and emotional health care, offender
halfway houses, spouse abuse care, substance abuse care, and youth shelters).
Group housing. Housing structures designed to meet the special needs (such as
housing, health, and socialization) of certain segments of the population, such as youth,
the elderly, or the developmentally disabled. Group housing refers to the following types
of structures: family care facilities, group care facilities (category I and category II), care
units, and nursing homes.
Group housing unit A room or rooms connected together, constituting a separate,
independent housekeeping establishment and physically separated from any other
rooms or group housing units, which may be in the same structure, with or without
complete kitchen facilities, and containing sleeping facilities and sanitary facilities. A
group housing unit is applicable to the following types of structures: family care facilities,
group care facilities (category I and category II), care units, nursing homes, and
assisted living and continuing care facilities.
Guest House or Cottage: An accessory dwelling structure which is attached to or
detached from, a principal dwelling located on the same residentia,1 parcel and which an
accessory dwelling serves as an ancillary use providing living quarters for the occupants
of the principal dwelling, their temporary guests or their domestic employees and which
Page 23 of 36
--.---.-- -....- -----
may contain kitchen facilities. Guesthouses or cottages are not permitted in
development that is receiving an AHDB. (See section[s] 5.03.03 and 2.05.02)
Guest Quarters/Guest Suites: An attached or detached room or suite, which could be
used as a temporary sleeping accommodation, which is integrated as part of the
principal use of the property and may contain running water as long as it is not
configured or of a size that may accommodate a kitchen.
Hazardous product or waste: Solid waste or a combination of solid wastes, which,
because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness or may pose a
substantial present or potential hazard to human health or the environment when
improperly transported, disposed of, stored, treated or otherwise managed.
Hospitat A building or group of buildings having facilities for overnight care of one (1) or
more human patients, providing medical, surgical, and skilled nursing services to
inpatients; services include primary and/or urgent care treatment for injuries, disease,
illness, or traumas; may include incidental and subordinate facilities, such as
laboratories, outpatient services, training facilities, central service facilities, or staff
facilities.
Hotel (also motel): A building or group of buildings offering transient lodging
accommodations normally on a daily rate to the general public, with or without
accessory uses, such as restaurants, meeting rooms, or recreational facilities.
Housing, Affordable: One or more residential dwelling units with a monthly rent or
monthly mortgage payment, including property taxes and insurance, not in excess
of 1/12 of 30 percent of an amount which represents 50 percent or less (for very low
income), 50 percent to 80 percent (for low income), or 80 percent to 100 percent (for
moderate income) of the median adjusted gross annual income for the household as
published annually by the U.S. Department of Housing and Urban Development within
the Naples Metropolitan Statistical Area (MSA). (See section 2.05.02) The term
affordable housing includes workforce housing which is limited to owner occupied
housing with a monthly mortgage payment, including property taxes and insurance, not
in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100
percent of the median adjusted gross annual income for the household as published
annually by the U.S. Department of Housing and Urban Development within the Naples
Metropolitan Statistical Area (MSA). (See section 2.05.02)
Impervious (also impervious surface or impervious area): Any material that prevents or
impedes the percolation or absorption of water into the ground. See Figure 6.
Industrial uses: Activities within land areas predominantly connected with
manufacturing, assembly, processing, or storage of products.
Page 24 of 36
Kitchen, Primary: A room in a principal dwelling which is used, designed and intended
for the preparation and cooking of food, often where meals are also eaten.
Kitchen, Secondary: A kitchen, accessory in function to the primary kitchen, located
within and only accessible through the principal dwelling unit.
Level of service: An indicator of the extent or degree of service provided by, or
proposed to be provided by, a facility bas~d on and related to the operational
characteristics of the facility. Level of service shall indicate the caP8:city per unit of
demand for each public facility.
Loading space: An area for the temporary parking of a commercial vehicle for pick-up
or delivery, loading or unloading of merchandise or goods.
Locational Criteria: The land use categories established in the Growth Management
Plan's Future Land Use Element and Map, Golden Gate Area Master Plan' and
Immokalee Area Master Plan.
Lot A single area or parcel of land established by plat or by metes and bounds. I
i
Lot coverage: The part or percentage of the lot occupied by principal and acce~sory
buildings and structures. See Figure 7.
Lot line: The boundary of a lot; the legally defined limits of a lot. See Figure 2.
Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the
public records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of
land or water under common ownership which has limited fixed boundaries, described
by metes and bounds or other specific legal description, the description of which has
been so recorded in the public records of Collier County, Florida, on or before the
effective date of this LDC; or (3) a lot, parcel, or the least fractional unit of land or water
under common ownership which has limited fixed boundaries, for which an agreement
for deed was executed prior to October 14, 1974, if within the Coastal Area planning
district, and January 5, 1982, if presently within or previously within the Immokalee Area
planning district prior to May 1, 1979.
Marina: A boating facility, chiefly for recreational boating, located on navigable water
frontage, and providing all or any combination of the following: boat slips or dockage,
dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants,
marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales,
and rentals. Does not include dredge, barge, or other work-dockage or service, boat
construction or reconstruction, or boat sales lot.
Mean high-water line: The intersection of the tidal plane of mean high water with the
shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws
of Florida.
Page 25 of 36
".--...--.., ._'---'-- .-.,..-. "---
Mobile home: A structure, transportable in one or more sections, which is eight (8) body
feet or more in width and which is built on an integral chassis and designed to be used
as a dwelling when connected to the required utilities and includes the plumbing,
heating, air conditioning, and electrical systems contained therein.
Mobile home park: A parcel of land under single or unified ownership, which is designed
and used for long-term placement of manufactured homes for non-transient residential
use; may include accessory services and facilities for the residents of the manufactured
home park. ' .
Monopole communications tower. A commercial vertical single tubular self-supporting
tower for nonparabolic antennas with small effective radii.
Motet. see hotel
Natural Reservation: The term natural reservation refers to large areas set aside for
natural resource protection, conservation and preservation and includes: only Natural
Resource Protection Areas (NRPAs); and, lands designated Conservation on the
Collier County Future Land Use Map, including but not limited to, Everglades National
Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge,
Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National
Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the
National Audubon Society's Corkscrew Swamp Sanctuary.
Natural Waterbody: A naturally occurring lake, pond, lagoon, river, stream, creek, or the
like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets,
canals, or channels.
Neighborhood Center: A centrally located area within a neighborhood of a Rural Village
that may include small-scale service retail and office uses and shall include a public
park, square, or green.
Neutral Lands: Lands located within the RFMU District that are generally depicted
located on the Future Land Use Map, and more specifically depicted on the Official
Zoning Atlas, as Neutral Lands. [sec. 2.03.08 (A)(3)]
Nonconforming. Refers to uses, buildings, lots, or structures that are in existence at the
time of adoption of this Code or any Amendment(s), which were in compliance with
applicable laws at the time of establishment or construction, but which do not comply
with regulations and requirements of this LDC.
Nonconforming lot of record: When two or more adjacent legal nonconforming lots of
record are either combined under a single folio or parcel number for taxing purposes by
the property appraiser's office or combined as a single parcel by recording the
previously separate non-conforming lots into one legal description, neither or both of
Page 26 of 36
these actions will prohibit the owner or future owners from subsequently splitting the
parcel into two or more folio or parcel numbers for tax purposes, or severing the parcels
into their former legal descriptions as legal non-conforming lots of record according to
the original legal description(s) at the time the property was recognized as legal
nonconforming. Prior to any two or more adjacent, legal non-conforming lots being
combined for development a legally binding document must be recorded to reflect a
single parcel with a unified legal description. Once such a document has been recorded
to amend the legal description and a development permit has been approved by the
County for development as that unified parcel, the property cannot be split or subdivided
except as may then be allowed by this code.
North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are
generally depicted on the Future Land Use Map, and more specifically depicted on the
Official Zoning Atlas, as the North Belle Meade Overlay. [sec. 2.03.08 (0)]
Oil and gas exploration: Activities and facilities involved in the search for and
subsequent production testing and field delineation of discovered petroleum and natural
gas resources as defined by or used in the context of Florida Statutes and
Administrative Code, which may include geophysical exploration activities and surveys,
construction of temporary access roads and pads, exploratory drilling and the in-field
separation and removal of test production. (See Oil extraction and related processillg)
Oil and gas field development and production: Activities and facilities involved in
developing petroleum and natural gas resources following successful exploration as
defined by or in the context of Florida Statutes and Administrative Code, which may
include the construction of all-weather access roads and pads, development drilling,
installation of crude oil pipelines, flowlines and gathering lines, in-field separation and
temporary housing facilities for personnel requisite to the operation of these facilities
and activities. (See Oil extraction and related processing)
Oil extraction and related processing: Oil and gas exploration, drilling, and production
operations and shall not be deemed to be industrial land uses and shall continue to be
regulated by all applicable federal, state, and local laws. Oil extraction and related
processing includes oil and gas exploration and oil and gas field development and
production as defined above.
Open space: Areas that are not occupied by buildings, impervious parking areas,
streets, driveways or loading areas which may be equipped or developed with amenities
designed to encourage the use and enjoyment of the space either privately or by the
general public. Examples of open space include: areas of preserved indigenous native
vegetation; areas replanted with vegetation after construction; lawns, landscaped areas
and greenways; outdoor recreational facilities; and, plazas, atriums, courtyards and
other similar public spaces.
Page 27 of 36
----.'.-.....------..---.---
Open Space, Common: Those areas within or related to a development, not in
individually owned lots designed and intended to be accessible to, and for the common
use or enjoyment of, the residents of the development, or the general public.
Open Space, Usable: Active or passive recreation areas such as playgrounds,' tennis
courts, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and
other similar open spaces. Usable Open space areas shall also include those portions
of areas set aside for preservation of native vegetation or landscaped ~reas, which are
accessible to and usable by residents of the development, or the general public. Open
water area beyond the perimeter of the site, street rights-of-way, driveways, off-street
parking areas, and off-street loading areas shall not be counted in determining usable
open space.
Outparcet. A site for a freestanding building or buildings, which is generally related to
an original (parent) development tract is adjacent to a roadway that interrupts the
frontage of another lot and is intended or withheld by the developer for development
separately from the majority of the original development.
Parcet. Any quantity of land capable of being described with such definiteness that its
location and boundaries may be established, which is designated by its owner or
developer as land to be used or developed as a unit or which has been used or
developed as a unit.
Park, neighborhood: A public park, owned and maintained by Collier County which is
intended to serve the needs of the local community and: is located within the E
(Estates) zoning district, or any residential zoning district or residential component of a
planned unit development; is comprised of no more that five acres of land; access to
which is provided through non-vehicular means, with no on-site parking facilities; and
provides only basic park facilities and amenities such as, but not limited to, sidewalks,
non-air-conditioned shelters, bike racks, drinking fountains and playground equipment.
Pathway: A defined corridor for the primary use of non-motorized travel.
Principal building, structure, or use: The main or primary use on a lot or parcel, or the
building in which the main or primary use is housed or carried out.
Recreational vehicle: A vehicular-type portable structure without permanent foundation
which can be towed, hauled or driven and primarily designed as temporary living
accommodation for recreation, camping, and travel use and including, but not limited to,
travel trailer, truck campers, camping trailers, and self-propelled motor homes.
Restaurant A building or part of a building where food is offered for sale or sold to the
public primarily for immediate consumption.
RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the
Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural
Page 28 of 36
Fringe Mixed Use District, which is generally a transition between the Urban and
Estates Designated lands and the Urban and AgriculturaVRural and Conservation
designated lands farther to the east. [sec. 2.03.08 (A)]
RFMU Receiving Lands: Lands located within the RFMU District that are generally
depicted on the Future Land Use Map, and more specifically depicted on the Official
Zoning Atlas, as Receiving Lands. [sec. 2.03.08 (A)(2)]
'..
RFMU Sending Lands: Lands located within the RFMU District that are generally
depicted on the Future Land Use Map, and more specifically depicted on the Official
Zoning Atlas, as Sending Lands. [sec. 2.03.08 (A(4)]
Right-at-way (ROW): Land in which the state, a county, or a municipality owns the fee
simple title or has an easement dedicated or required for a transportation or utility use.
Rural Village: A form of development within RFMU Receiving Lands that includes the
following mixture uses: residential housing types; institutional uses; commercial uses;
and, recreational uses and comprised of several neighborhoods designed in a compact
nature such that a majority of residential development within comfortable walking
distance to the Neighborhood Centers. [sec. 2.03.08 (A)(2)(b)]
School Board Review (SBR): The site development plan review process for School
Board projects as outlined in the 2003 Interlocal Agreement.
Setback or setback line: A line marking the minimum distance between a right-of-way
line, property line, bulkhead line, shoreline, seawall, mean high water mark, access
easement line, or other defined location and the beginning point of the buildable area.
See Figure 2.
Sewage system, centrat. A system for the collection and disposal of wastewater,
including pipes, pumps, tanks, treatment plants, and other appurtenances which
comprise the system.
Sewage system, individual. A system designed to serve one (1) unit (as defined in the
health code used by Collier County) comprised of pipes, tanks, and a subsurface
absorption field, or other approved treatment device, for handling and disposing of
wastewater.
Shopping center. A building or group of buildings planned, developed, owned, and
managed as a commercial unit, with joint parking and other support facilities.
Shoreline or shore: The interface of land and water and, as used in the coastal
management element requirements, is limited to oceanic and estu~rine interfaces.
Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise
surfaced, intended for pedestrian use and also bicycle use. (See Chapters 4 and 10)
Page 29 of 36
~~'- -"'--
Sign: Any structure, device, vehicle, advertisement, advertising device or visual
representation intended to advertise, identify, or communicate information to attract the
attention of the public for any purpose and without prejudice to the generality of the
foregoing, and includes any symbols, letters, figures, illustrations, or forms painted or
otherwise affixed to attract the attention of the public for any purpose and also any
structure or device the primary purpose of which is to border, illuminate, animate or
project a visual representation. However, this definition does not include official notices
issued by any court or public office, or officer in the performance of a public or official
duty, and traffic control signs. For the purpose of removal, signs also include all sign
structures.
Solid waste: Garbage, refuse, yard trash, clean debris, white goods, special waste,
ashes, or other discarded material, including solid, liquid, semisolid, or contained
gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or
govemmental operations.
Solid waste bulk container. Any watertight, portable nonabsorbent container equipped
with a watertight lid or cover, which is used to store two (2) or more cubic yards of solid
waste emptied by mechanical means.
,
!
Solid waste disposal facility: A facility designed and utilized for the disposal of sludge
from wastewater treatment works, water supply treatment plants, or air pollution control
facilities or garbage, rubbish, refuse, or other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations.
Solid waste standard container. A watertight container made of nonabsorbent material
provided with a closely fitting watertight cover, with handles and of thirty-two (32)
gallons or less gross capacity, or a sealed plastic bag of adequate strength to contain
the waste materials therein.
Solid waste transfer station: A structure used to store or hold solid waste for transport
to a processing or disposal facility. It does not include green boxes, compactor units,
permanent dumpsters, recycling collection stations, and other containers from which
such wastes are transported to a landfill or other solid waste management facility.
State Requirements for Educational Facilities ("SREF"): The Florida Department of
Education State Requirements for Educational Facilities, effective 1999, as amended.
Story: That portion of a building included between a floor which is calculated as part of
the building1s habitable floor area and the floor or roof next above it.
Street A public or approved private thoroughfare, including the right-of-way, which
affords the principal means of access to abutting property. The term street includes
lanes, ways, places, drives, boulevards, roads, avenues, or other means of access,
Page 30 of 36
..
regardless of the descriptive term used.
Structure: Anything constructed or erected which requires a fixed location on the
ground, or in the ground, or attached to something having a fixed location on or in the
ground, including buildings, towers, smokestacks, utility poles, and overhead
transmission lines. Fences and walls, gates or posts are not intended to be structures.
Subdivision: The division of land, whether improved or unimproved, into three (3) or
more contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of
land any of which do not equal or exceed ten (10) acres, for the pu'rpose, whether
immediate or future, of transfer of ownership or development; or any division of land if
the extension of an existing street or the establishment of a new street is involved to
provide access to the land. The term includes resubdivision, the division of land into
three (3) or more horizontal condominium parcels or horizontal cooperative parcels, and
the division or development of residential or nonresidential zoned land, whether by
deed, metes and bounds description, devise, intestacy, map, plat, horizontal
condominium parcels, horizontal cooperative parcels, or other recorded instrument, and,
when appropriate to the context, means the process of subdividing or to the lands or
areas subdivided.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred.
Substantial improvement Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the
market value of the structure before the start of construction of the improvement, this
term includes structures which have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or any
alteration of a historic structure.
TDR Credit: A unit representing the right to increase the density or intensity of
development on a parcel, obtained through a Transfer of Development Rights. [sec.
2.03.07]
Tower. A structure for the primary purpose to raise the height of an antenna.
Townhouse: A group of three (3) or more dwelling units attached to each other by a
common wall or roof wherein each unit has direct exterior access and no unit is located
above another.
Tract: An area of land, public or private, occupied or intended to be occupied, by or for a
lawful purpose, including a street, crosswalk, railroad, electric transmission line, oil or
Page 31 of 36
._.._.o..~.. .---
gas pipeline, storm drainageway, water main, sanitary or storm sewer main, canal,
landscape buffer, or for similar use. The term "tract," when used for land platting
purposes, means an area separate and distinct from platted lots or parcels and not
included within the dimensions or areas of such lots or parcels. Unless otherwise
expressly stated, the dedication of a tract on a plat reflects an intention of the
dedicator(s) to dedicate such tract as a fee simple interest in land, subject to any
easement(s) stated on the plat or otherwise of record.
Transfer of Development Rights: The transfer of development rights from one parcel to
another parcel in a manner that allows an increase in the density or intensity of
development on the receiving property with a corresponding decrease in the remaining
development rights on the sending property.
Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that is altering native
vegetation communities by displacing native plant species, changing the structure or
ecological functions of native plant communities, or hybridizing with native species. A
list of these exotics can be found in the I
Vegetation, Category II Invasive Exotic: Invasive exotic vegetation that has increased in
abundance or frequency but have not yet altered native plant communities by displ~cing
native plant species, changing the structure or ecological functions of native plant
communities, or hybridizing with native species.
Vegetation, Exotic: A plant species introduced to Florida, purposefully or accidentally
from a natural range outside of Florida. The terms Exotic vegetation and Nonnative
vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and
Category I and Category II Invasive Exotics.
Vegetation, Native: Native vegetation means native southern Floridian species as
detennined by accepted valid scientific references identified in section 4.06.05 C.
Where this code refers to, or requires retention of, existing native vegetation, the term
native vegetation is further defined as a vegetative community having 75% or less
canopy coverage of melaleuca or other invasive exotic plant species.
Vegetation, Naturalized: Exotic vegetation that sustains itself outside cultivation, but is
not prohibited exotic vegetation.
Vegetation, Prohibited Exotic: Category I or Category II Invasive Exotic Vegetation
limited to those enumerated in section 3.05.08 of this Code.
Vehicular use area: An area used for circulation, parking, and/or display of motorized
vehicles, except junk or automobile salvage yards.
Village Center: A distinct area within a Rural Village that serves as the primary location
for commercial uses, including retail and office, and of civic, and government uses.
Page 32 of 36
Wastewater. The combination of liquid and water-carried pollutants from residences,
commercial buildings, industrial plants, and institutions together with any groundwater,
surface runoff, or leachate that may be present.
Wetlands: Wetlands as set forth in Section 373.019 Florida Statutes. The terms
"Wetlands" and "Jurisdictional Wetlands," as used in this Code, shall be synonymous.
Wetland Function: A quantitative and qualitative measure of the degree to which a
jurisdictional wetland provides hydrologic and habitat or other benefits for listed species,
measured using the Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62-
345.
Yard: An open space that is unoccupied and unobstructed and that lies between a
principal or accessory building or buildings and the nearest lot line. As used in this
definition, "unobstructed" means a structure or portion of a structure from thirty (30)
inches above the ground level upward, and does not include permissible fences and
walls.
Yard, front The required open space extending across the entire width of the lot
between the front building line and street right-of-way line. Where double-frontage lots
exist, the required front yard shall be provided on both streets except as otherwise
provided for herein.
Where comer lots of record existed prior to the date of adoption of Collier County
Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area
requirements established in this Code, only one full depth front yard shall be required.
In all zoning districts, the full depth front yard requirement shall apply to the front yard
which has the shorter or shortest street frontage. In all zoning districts, except the E
(estates) zoning district, the setback requirement for the remaining front yard(s) may be
reduced to 50 percent of the full front yard setback requirement for that district,
exclusive of any road right-of-way or road right-of-way easement. For setbacks for E
(estates) zoning, see Section 2.03.01.
1996 Interlocal Agreement: the lnterlocal Agreement between the Collier County School
Board and Collier County as recorded in Official Record Book 2207, Pages 1729 et
seq., which bears an effective date of June 25, 1996.
2003 Interlocal Agreement: the Interlocal Agreement between the Collier County
School Board and Collier County as recorded in Official Record Book 3228, Page 2989
et seq., which bears an effective date of February 28,2003.
Zero lot line: The location of a building on a lot in such a manner that one (1) or more of
the building's sides rest directly on a lot line.
Page 33 of 36
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Figure 2
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Page 34 of 36
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Figure 4
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axlmum floor area or a
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Figure 5
Page 35 of 36
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Figure 6
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Page 36 of 36
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2.01.00 GENERALLY
2.01.01 Purpose
2.01.02 Miscellaneous Structures
2.01.03 Essential Services
2.01.04 Polling Places
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS
2.02.01 Establishment of Official Zoning Atlas
2.02.02 District Nomenclature
2.02.03 Prohibited Uses
2.02.04 Continuation of Provisional Uses
2.03.00 ZONING DISTRICTS
2.03.01 Residential Zoning Districts
2.03.02 Commerical Zoning Districts
2.03.03 Industrial Zoning Districts
2.03.04 Civic and Institutional Zoning Districts
2.03.05 Open Space Zoning Districts
2.03.06 Planned Unit Development Districts
2.03.07 Overlay Zoning Districts
2.03.08 Eastern LandslRural Fringe Zoning Districts
2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN
ZONING DISTRICTS
2.04.01 Rules for Interpretation of Uses
2.04.02 Effects of Approvals Under the Zoning Reevaluation
Ordinance
2.04.03 Table of land Uses in Each Zoning District
2.05.00 DENSITY STANDARDS
2.05.01 Density Standards and Housing Types
2.05.02 Density Blending
2.06.00 AFFORDABLE HOUSING DENSITY BONUS
-_..~
2.06.01 Generally
2.06.02 Purpose and Intent
2.06.03 AHDB Rating System
2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS
'..
I
I
..--.--
CHAPTER 2 - ZONING DISTRICTS AND USES
2.01.00 GENERALLY
A. Parking and storage of vehicles without current license plates. Vehicles or
trailers of any type that are not immediately operable, or used for the
purpose for which they were maO.l:Jfactured without mechanical or electrical
repairs or the replacement of parts; or do not meet the Florida Safety Code;
or do not have current valid license plates; or do not meet the definition of
recreational equipment as defined within this Code, shall not be parked or
stored on any residentially zoned or designated property, including the E
estates district, other than in a completely enclosed BUILDING. For the
purpose of this section a license plate shall not be considered valid unless
it is both affixed to a vehicle or trailer in a fashion authorized by Florida law
and is registered to the vehicle or trailer upon which it is displayed.
B. Parking, storage or use of major recreational equipment. No recreational
equipment shall be used for living, sleeping, or housekeeping purposes
when parked or stored on a residentially zoned LOT, residential districts, or
any location not approved for such use. In districts permitting single-family
homes or MOBILE HOMES, major recreational equipment may be parked
or stored only in a rear YARD, or in a completely enclosed BUILDING, or
in a carport, or on davits or cradles ADJACENT to waterways on
residentially zoned property; provided, however, that such equipment may
be parked anywhere on residential premises, other than on county rights-
of-way or RIGHT-Of-WAY EASEMENTS for a period not to exceed six
hours within a time period of seven days for loading and unloading, and/or
cleaning prior to or after a trip. For the purpose of this section the rear
YARD for a comer LOT shall be considered to be that portion of the LOT
opposite the STREET with the least fRONT AGE. For through LOTS the
rear YARD shall be considered to be that portion of the LOT lying between
the rear elevation (by design) of the residence and the STREET.
The following exceptions may be granted by the county manager or
designee:
1. Such recreational equipment may be parked upon the premises
of the resident for a period not exceeding seven days for the purpose of
repairing and/or cleaning prior to or after a trip. A temporary use permit
must be obtained to authorize this activity. The permit for such period
shall be affixed to the vehicle in a conspicuous place on the STREET
side thereof. No more than two consecutive permits may be issued and
the maximum number of permits issued during one calendar year shall
be restricted to four.
Page 1 of 176
-----.. ----.'.
2. Nonresident: Such car, trailer, bus or motor home, when used for
transportation of visitors to this county to visit friends or member of the
visitors family residing in this county may be parked upon the premises
of the visited family for a period not exceeding seven days. A temporary
use pennit must be obtained to authorize this activity. The pannit for
such period shall be affixed to the vehicle in a conspicuous place or on
the STREET side thereof. This does not allow for living, sleeping, or
housekeeping purposes. No more than two consecutive penn its may be
issued and the maximum number of pennits issued during one calendar
year shall be restricted to four.
C. Parking of commercial vehicles or commercial equipment in residential
areas. It shall be unlawful to park a commercial vehicle or commercial
equipment on any LOT in a residential zoning district unless one of the
following conditions exists:
1. The vehicle and/or equipment is engaged in a construction or
service operation on the site where it is parked. The vehicle or
equipment must be removed as soon as the construction or service
activity has been completed.
2. The vehicle and/or equipment is parked in a garage or fully
enclosed STRUCTURE or carport which is structurally or vegetatively
screened and cannot be seen from ADJACENT properties or the
STREET serving the LOT.
3. The vehicle is parked in the rear of the main STRUCTURE and is
enclosed within a vegetative screening which conceals the vehicle from
the view of neighbors.
4. Automobiles; passenger type vans; and pickup trucks having a
rated load capacity of one ton or less - all of which do not exceed 7.5
feet in height, nor 7.0 feet in width, nor 25 feet in length shall be
exempted from this section unless otherwise prohibited by a special
parking overlay district created pursuant to Section 2.03.07 L.
5. Exempted from this section are small commercial equipment
such as ladders and pipes that cannot be contained in the vehicle. Said
equipment shall be limited to one ladder or one unit of pipe which does
not exceed 12 inches in diameter per commercial vehicle. Said
equipment shall be secured atop the vehicle and shall not extend
beyond the length, height or width of the vehicle.
D. Boats or other floating equipment used as DWELLING UNITS. Boats or
other floating equipment being used as DWELLING UNITS or as
commercial establishments may not anchor or tie up in waters under the
Page 2 of 176
jurisdiction of the county for longer than 48 hours, except at facilities
located in zoning districts permitting such use and at facilities within such
districts designated for such use and meeting county and state health
standards for such use.
E. CONDOMINIUMS. This Code shall be construed and applied with
reference to the nature of the use of such property without regard to the
form of ownership. Condominium forms of ownership shall be subject to
this Code as is any other form of ownership. CONDOMINIUMS of any kind,
type or use shall comply with the provisions of F.S. ch. 718, as amended,
known as the "Condominium Act."
F. Deed restrictions. This Code shall not be affected by any deed restrictions
or restrictive covenants recorded with any deed, plat or other legal
documents. No person or agency, in the capacity of enforcing and
administering this Code, shall be responsible for enforcing any deed
restrictions.
2.01.01 Purpose
It is the intent and purpose of this Chapter to establish and adopt zoning
districts to govern the use of land and water in the unincorporated areas of
Collier County, Florida.
2.01.02 Miscellanous STRUCTURES
School bus shelters, bicycle racks, bus stop benches, telephone booths,
mailboxes, newspaper boxes, and delivery boxes shall be permitted in any
district. No advertising SIGN shall be permitted on any such STRUCTURE.
Locations and SETBACKS of school bus shelters shall be approved by the
school board of Collier County. Mail, newspaper, and other delivery boxes
shall be placed in accordance with U. S. Postal Service regulations. All such
STRUCTURES shall be exempt from district SETBACKS.
2.01.03 ESSENTIAL SERVICES
ESSENTIAL SERVICES are hereby defined as services designed and
operated to provide water, sewer, gas, telephone, electricity, cable television
or communications to the general public by providers which have been
approved and authorized according to laws having appropriate jurisdiction, and
government facilities. ESSENTIAL SERVICES are allowed in any zoning
district subject to the following conditions:
A. The following uses shall be deemed permitted uses in all zoning districts,
except CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND
FSAS:
1. Water lines and sewer lines;
2. Natural gas lines, except those associated with OIL
EXTRACTION AND RELATED PROCESSING operations as defined in
this code and regulated under applicable federal and state law;
Page 3 of 176
-_.... ........- "_........
3. Telephone lines, telephone switching stations, and cable
television lines;
4. Communication TOWERS, limited to those providing wireless
emergency telephone service, subject to all applicable provisions
section 5.05.09 of this Code;
5. Electrical transmission and distribution lines, substations, and
emergency power STRUCTURES;
6. Sewage lift stations and water pumping stations;
7. ESSENTIAL SERVICE wells (including extraction facilities and
requisite ancillary facilities); and
8. Any other wells which have been or will be permitted by the
South Florida Water Management District or the Florida Department of
Environmental Protection either prior to or subsequent to the effective
date of this ordinance, or if the respective well and/or well related facility
is otherwise required to be installed or constructed by law. If any
proposed well is a Collier County owned well under the permitting
jurisdiction of a Florida agency, staff, early in the County's well permit
application process, shall post SIGN{s) at the County's proposed well
site{s) and shall provide written notice that the county has applied for a
required well permit to property owners within 300 feet of the property
lines of the LOTS or PARCELS of land on which the applied-for well is
being sought by the County, including, if applicable, the times and
places of the permitting agency's scheduled public hearings.
B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU
SENDING LANDS, NRPAS, HSAS, AND FSAS.
1. Within CON DISTRICTS, Sending Lands in the RFMU
DISTRICT, NRPAs, and within designated Habitat Stewardship Areas
(HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay
district subject to the limitations set forth in section 4.08.08 (C), the
following ESSENTIAL SERVICES are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
c. Sewer lines and lift stations, only if located within already
cleared portions of existing rights-of-way or EASEMENTS, and
necessary to serve a publicly owned or privately owned central
Page 4 of 176
sewer system providing service to urban areas and/or the Rural
Transition Water and Sewer District; and,
d. Water pumping stations necessary to serve a publicly
owned or privately owned central water system providing service
to urban areas and/or the Rural Transition Water and Sewer
District.
'..
C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL
AND INDUSTRIALL Y ZONED DISTRICTS. In commercial' and industrially
zoned districts, in addition to the ESSENTIAL SERVICES identified above in
section 2.01.03 A., govemmental facilities, as defined by this Code, including
law enforcement, fire, emergency medical services and facilities, public park
and public library services and facilities, shall be considered a permitted
essential service.
D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE
AGRICULTURAL AND ESTATE ZONED DISTRICTS. In the agricultural and
estate zoned districts, in addition to the ESSENTIAL SERVICES identified
above in section 2.01.03 A., the following governmental services and facilities
shall be considered permitted ESSENTIAL SERVICES: nonresidential not-for-
profit child care, nonresidential education facilities, libraries, museums,
NEIGHBORHOOD PARKS, and recreational service facilities.
E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE
AGRICULTURAL ZONED DISTRICT. In the agricultural zoned district, in
addition to the ESSENTIAL SERVICES identified above in section 2.01.03 A.,
safety services, and other government services, necessary to promote and
protect public health, safety and welfare are permitted ESSENTIAL
SERVICES, limited to the following: law enforcement, fire, and emergency
medical services.
F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN
RESIDENTIALL Y ZONED DISTRICTS. In residentially zoned districts, in
addition to the ESSENTIAL SERVICES identified above in section 2.01.03 A.,
NEIGHBORHOOD PARKS shall be considered a permitted essential service.
G. CONDITIONAL USES. The following uses require approval pursuant to
section 10.08.00 CONDITIONAL USES:
1. CONDITIONAL ESSENTIAL SERVICES IN EVERY ZONING
DISTRICT EXCLUDING THE RFMU DISTRICT SENDING LANDS,
CON DISTRICTS, NRPAS, AND RLSA DESIGNATED HSAS AND
FSAS. In every zoning district, unless otherwise identified as permitted
uses, and excluding RFMU DISTRICT Sending Lands, CON
DISTRICTS, and NRPAs, the following uses shall be allowed as
CONDITIONAL USES:
Page 5 of 176
- ~-_._.- -,-.,
a. Electric or gas generating plants;
b. Effluent tanks;
c. Major re-pump stations sewage treatment plants,
including percolation ponds, and water aeration or treatment
plants,
d. HOSPITALS and hospices; and
e. Government facilities, including where not identified as a
permitted use in this section, safety service facilities such as
including law enforcement, fire, emergency medical services.
2. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING
LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS
AND FSAS. Within RFMU DISTRICT Sending Lands, NRPAs, CON
DISTRICTS, and the RFLA designated HSAs and FSAs subject to the
limitations set forth in section 4.08.08 (C)(2) , in addition to the
ESSENTIAL SERVICES identified as allowed CONDITIONAL USES in
section 2.01.03 (G)(1) above, the following additional ESSENTIAL
SERVICES are allowed as CONDITIONAL USES:
a. Sewer lines and lift stations necessary to serve a publicly
owned or privately owned central sewer system providing service
to urban areas and/or the Rural Transition Water and Sewer
District, when not located within already cleared portions of
existing rights-of-way or EASEMENTS;
b. Safety Services limited to law enforcement, fire, and
emergency medical services.
3. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL, AND
ESTATE ZONED DISTRICTS, AND IN RFMU RECEIVING AND
NEUTRAL LANDS. In residential, agricultural, and estate zoned
districts and in RFMU Receiving and NEUTRAL LANDS, in addition to
those ESSENTIAL SERVICES identified as CONDITIONAL USES in
section 2.01.03 G.1. above, the following ESSENTIAL SERVICES shall
also be allowed as CONDITIONAL USES:
a. Regional parks and community parks;
b. Public parks and public library facilities;
- Safety service facilities;
c.
Page 6 of 176
d. Other similar facilities, except as otherwise specified
herein.
4. CONDITIONAL USES THAT INCLUDE THE INSTALLATION
OF STRUCTURES:
a. Where STRUCTURES are involved other than
STRUCTURES supporting lines or cables, such' STRUCTURES
shall comply with the regulations for the district in which they are
located, or as may be required on an approved site
DEVELOPMENT plan under section 10.02.03. In addition, the
STRUCTURES shall conform insofar as possible to the character
of the district in which they are located as to DEVELOPMENT
standards, as well as architecture and landscaping, with
utilization of screening and BUFFERING to ensure compatible
with the surrounding and nearby existing and future uses.
b. Within the RFMU DISTRICT Sending Lands, NRPAs,
Conservation Districts, and the RLSA HSAs and FSAs,
STRUCTURES supporting the conditional use shall be located
so as to minimize any impacts on NATIVE VEGETATION and on
wildlife and wildlife habitat.
c. ESSENTIAL SERVICES shall not be deemed to include the
erection of STRUCTURES for commercial activities such as
sales or the collection of bills in districts from which such
activities would otherwise be barred. Unstaffed billing services,
which are ACCESSORY USES to the normal operations of the
essential service, may be permitted.
2.01.04 Polling Places
Any residential DEVELOPMENT or SUBDIVISION which will have a
clubhouse, community recreation/public BUilDING/public room or similar
common facility, shall be required to provide polling places in said community
recreation/public BUilDING/public room if a polling place is determined to be
necessary by the supervisor of elections. ACCESS to the polling place shall
be provided to all individuals arriving to vote or work at the polling place during
official voting hours, including the time required to establish the polling place,
tabulate and post the voting results.
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS
2.02.01 Establishment of Official Zoning Atlas
A. The location and boundaries of the zoning districts established in this LDC
shall be set forth and shown on the Official Zoning Atlas of Collier County,
which is incorporated by reference into this LDC as if fully described and
Page 7 of 176
-,._"-
set forth herein. The district symbol or symbols as set forth in this LOC
shall be used to designate each distnct on the Official Zoning Atlas.
B. Each page of the Official Zoning Atlas shall be identified by the signature of
the chairman of the BCC and attested by the clerk of the circuit court, and
shall bear the seal of Collier County under the following words: "This is to
certify that this is page of the Official Zoning Atlas referred to
and adopted by reference by Ordinance No. of the County of
Collier, Florida, adopted ",20 II
C. A copy of the Official Zoning .Atlas shall be located at all times for
inspection by the general public during regular business hours in the Office
of the County Manager or his designee and the clerk to the BCC.
O. No changes of any nature shall be made in the Official Zoning Atlas or any
matter shown thereon, or in the zoning districts or regulations contained
herein, except in conformity with the procedures established in this. LOC
and consistent with the Collier County GMP. Any unauthorized change of
whatever kind by any person shall be considered a violation of this LOC.
E. If, pursuant to the terms of this LOC and the applicable Laws of Florida,
amendments are made to the districts, boundaries, or other m~tters
portrayed on the Official Zoning Atlas Official Zoning Atlas, ~uch
amendments shall be entered on the Official Zoning Atlas by the County
Manager or designee within twenty (20) days after amendment. Failure to
so enter any such amendments within twenty (20) days shall not affect the
validity of any such amendments. However, no amendment to this LOC
which involves a matter portrayed on the Official Zoning Atlas shall become
effective until such change and entry has been made on the Official Zoning
Atlas in the manner herein established. Each amended page of the Official
Zoning Atlas shall contain an entry which reads as follows: liOn ,
20 , by Ordinance No. , the following amendments were
made to the Official Zoning Atlas: (include brief description of nature of
amendment)," which entry shall be attested by the clerk of the circuit court.
F. Regardless of the existence of purported copies of the Official Zoning Atlas
or other parts of this LOC, which from time to time may be made or
published, the Official Zoning Atlas located in the office of the clerk shall be
the final authority as to the current zoning of all land and water in
unincorporated Collier County; and the LOC located in the office of the
clerk to the BCC shall be the final authority as to the various zoning
districts and regulations herein established.
G. If the Official Zoning Atlas, or any page or portion thereof, becomes
damaged, lost, destroyed, or difficult to interpret by reason of the nature or
number of changes, the BCC may, by ordinance, adopt a new Official
Zoning Atlas, or any page or pages thereof, which shall supersede the prior
Official Zoning Atlas or page or pages thereof. The new Official Zoning
Atlas, or page or pages thereof, may correct drafting or other errors or
omissions in the prior Official Zoning Atlas, or page or pages thereof, but
Page 8 of 176
no such correction shall have the effect of amending the original Official
Zoning Atlas, or page or pages thereof.
1. If, in the process of adopting a replacement Official Zoning Atlas, or
any page or pages thereof, district boundaries are changed or
ALTERED, then action in regard to such change of district boundaries
shall be taken only in the form of an amendment to this LOC.
2. The Official Zoning Atlas, orportion thereof, shall be authenticated as
the original, with wording to the following effect: "This IS to certify that
this Official Zoning Atlas (or page or pages thereof) by Ordinance No.
dated ,20 , replaced the Official Zoning
Atlas (or page or pages thereof) adopted ,20 , as
part of Ordinance No. of the County of Collier, Florida. II
3. Unless the prior Official Zoning Atlas has been lost, or has been totally
destroyed, the prior Official Zoning Atlas or any significant parts thereof
remaining shall be preserved as a public record, together with all
available records pertaining to its adoption or amendment.
H. All zoning maps or atlases, or remaining portions thereof, which have had
the force and effect of official zoning maps or atlases for Collier County
prior to the effective date of adoption of this zoning code shall be retained
as a public record as a guide to the zoning status of lands and waters. prior
to such date. Upon the date of adoption of this zoning code, the
immediately prior official zoning atlas of that date shall be microfilmed and
such filmed record retained permanently in a place separate from the
original prior official zoning atlas.
2.02.02 District Nomenclature
A. Where the phrases "agricultural districts," "zoned agricultural, II
"agriculturally zoned," "agricultural zoning, II "rural zoningll or phraseology of
similar intent, are used in this LDC, the phrases shall be construed to
include: A and E.
B. Where the phrases "all residential districts," "residential districts," "zoned
residentially," "residentially zoned," or phraseology of similar intent are
used in this LOC, the phrases shall be construed to include the following
districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12,
RMF-16, RT, VR, and MH, and residential components in PUOs
C. Where the phrases "commercial districts, II "zoned commercially, "
"commercially zoned," "commercial zoning," or phraseology of similar
intent, are used in this LOC, the phrases shall be constructed to include: C-
1, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUOs.
O. Where the phrases "industrial districts," "zoned industrially, II "industrially
zoned," "industrial zoning," or phraseology of similar intent, are used in this
LOC, the phrases shall be construed to include: I and industrial
components in PUOs.
Page 9 of 176
~. _.__."._----_._....._._._--~----_.,...-._--_.-- -'-'-"
2.02.03 Prohibited Uses
Any use or STRUCTURE not specifically identified in a zoning district as a
permitted use, CONDITIONAL USE, or ACCESSORY USE shall be prohibited
in such zoning district.
2.02.04 Continuation of Provisional Uses
Any provisional use, including all stipulations and requirements thereto,
approved by the BCC prior to the effective date of this LOC and valid and
effective immediately prior to the effective date of this LOC shall be treated
under this LOC as follows:
A. If such provisional use is provided for as a CONDITIONAL USE in the
zoning district in which it is located under this LOC, then it shall be
permitted as a CONDITIONAL USE under this LOC.
B. If such provisional use is not provided for as a CONDITIONAL USE or
permitted use in the zoning district in which it is located under this LOC,
then it shall be a legal NONCONFORMING use under this LOC.
2.03.00 ZONING DISTRICTS
In order to carry out and implement the Collier County GMP and the purposes of this LOC,
the following zoning districts, district purposes, and applicable symbols are hereby
established: I
2.03.01 Residential Zoning Districts
A. Rural Agricultural Oistrict "A".
The purpose and intent of the rural agricultural district "A" is to provide lands
for agricultural, pastoral, and rural land uses by accommodating traditional
agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and CONSERVATION USES. Uses that are generally
considered compatible to AGRICULTURAL USES that would not endanger or
damage the agricultural, environmental, potable water, or wildlife resources of
the County are permissible as CONDITIONAL USES in the A district. The A
district corresponds to and implements the a land use designation on the
future land use map of the Collier County GMP, and in some instances, may
occur in the designated urban area. The maximum DENSITVpermissible in
the rural agricultural district within the urban mixed use district shall be guided,
in part, by the DENSITY rating system contained in the future land use
element of the GMP. The maximum DENSITY permissible or permitted in the
A district shall not exceed the DENSITY permissible under the DENSITY rating
system. The maximum DENSITY permissible in the A district within the
agriculturaVrural district of the future land use element of the Collier County
GMP shall be consistent with and not exceed the DENSITY permissible or
permitted under the agricultural/rural district of the future land use element.
B. Estate District "E".
The purpose and intent of the estates district "E" is to provide lands for low
DENSITY residential DEVELOPMENT in a semi-rural to rural environment,
Page 10 of 176
with limited agricultural activities. In addition to low DENSITY residential
DEVELOPMENT with limited agricultural activities, the E district is also
designed to accommodate as CONDITIONAL USES, DEVELOPMENT that
provides services for and is compatible with the low DENSITY residential,
semi-rural, and rural character of the E district. The E district corresponds to
and implements the estate land use designation on the future land use map of
the Collier County GMP, although, in limited instances, it may occur outside of
the estates land use designation. The maximum DENSITY permissible in the E
district shall be consistent with and not exceed the DENSITY permissible or
permitted under the estates district of the future land use element of the Collier
County GMP or as provided under the Golden Gate Master Plan.
1. Minimum YARD Requirements.
See the Table in Chapter 2.07.00 for the general requirements. The
following are exceptions to those requirements:
a. Conforming Comer LOTS. I
I
\
Conforming comer LOTS, in which only one full depth
SETBACK shall be required along the shorter LOT LINE along
the STREET. The SETBACK along the longer LOT LINE may
be reduced to 37.5 feet, so long as no RIGHT-Of-WAY or
RIGHT-Of-WAY easement is included within the reduced
fRONT YARD. (See Exhibit A)
Page 11 of 176
,_.-'-.
I ESTATES: CONFORMING CORNER LOT
R.O.W
rr= - - --- - - -.:::- - - - -~~~
37.5' REDUCED BY
I 50% I
I I
+ +.
180' I 7S 30' I C
LOT I FULL FRONT ==
WIDTH SIDE r .a
* I SETBACK SETBAC :c
M
ILl
I I
I I
SIDE ., ~
SETBACK
- - - - - - - - - - - -M.- - --
* Example. lot width
may vary, bill never
R.O.W less than 150' . SETBACKS MEASURED FROM R.O.W. LINE
R.O.W - WIDTH MEASURED BETWEEN PROPERTY LINES
R.O.W. LINE PROPERTY LINE - - - -
b. NONCONfORMING Comer LOTS.
NONCONfORMING comer LOTS of record, in which only one
full depth SETBACK shall be required along the shorter LOT
LINE along the STREET. The SETBACK along the longer LOT
LINE may be reduced to 15 feet, so long as no RIGHT-Of-WAY
or RIGHT-Of-WAY easement is included within the reduced
fRONT YARD. (See Exhibit B)
Page 12 of 176
I ESTATES: NON-CONFORMING CORNER LOT
R.O.W
T r-;== - - ---P.\.- - - - - - - - - - - - - -
R.O.W 15' REDUCED
I FRONT SETBACK I
I '01, I
105' ~ 75'
LOT 10% LOT 10 '.
WIDTH FULL FRONT WIDTH
1 SETBACK
10% LOT I
I WIDTH PfL CD
=:
- - - -- - - - - ~1f -M.- - - - =::J .a
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au
R.O.W
R.O.W
. SETBACKS MEASURED FROM R.O.W. LINE
. WIDTH MEASURED BETWEEN PROPERTY LINES
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R.O.W. LINE PROPERTY LINE - - - -
'\
NONCONFORMING through LOTS, i.e. double FRONTAGE
LOTS, legal NONCONFORMING LOTS of record with double
road FRONTAGE, which are NONCONFORMING due to
inadequate LOT depth, in which case, the FRONT YARD along
the local road portion shall be computed at the rate of 15 percent
of the depth of the LOT, as measured from edge of the RIGHT-
OF-WAY.
The NONCONFORMING through LOT utilizing the reduced
FRONTAGE shall establish the LOT FRONTAGE along the local
road only. FRONT AGE along a collector or arterial roadway to
serve such LOTS is prohibited. FRONT Y ARCS along the local
road shall be developed with STRUCTURES having an average
FRONT YARD with a variation of not more than six feet; no
BUILDING thereafter erected shall project beyond the average
line so established.
C. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5;
RSF-6).
Page 13 of 176
~~~_...__.-
The purpose and intent of the residential single-family districts "RSP' is to
provide lands primarily for single-family residences. These districts are
intended to be single-family residential areas of low DENSITY. The nature of
the use of property is the same in all of these districts. Variation among the
RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, and RSF-6 districts is in requirements
for DENSITY, LOT area, LOT width, YARDS, height, FLOOR AREA, LOT
COVERAGE, parking, landscaping, and SIGNS. Certain STRUCTURES and
uses designed to serve the immediate needs of the single-family residential
DEVELOPMENT in the RSF districts, such as governmental, educational,
religious, and noncommercial recreational uses, are . permitted as
CONDITIONAL USES as long as they preserve, and are compatible with, the
single-family residential character of the RSF district[s]. The RSF districts
correspond to and implement the urban mixed use land use designation on the
future land use map of the Collier County GMP. The maximum DENSITY
permissible in the residential-single-RSF districts and the urban mixed use
land use designation shall be guided, in part, by the DENSITY rating system
contained in the future land use element of the Collier County GMP. The
maximum DENSITY permissible or permitted in the RSF district shall not
exceed the DENSITY permissible under the DENSITY rating system, except
as permitted by policies contained in the future land use element.
D. Residential Multiple-Family-6 District "RMF-6".
The purpose and intent of the residential multiple-family-6 district (RMF-6) is to
provide for single-family, two-family and multi-family residences having a low
profile silhouette, surrounded by OPEN SPACE, being so situated that it is
located in close proximity to public and commercial services and has direct or
convenient ACCESS to collector and ARTERIAL ROADS on the County major
road network. The RMF-6 district corresponds to and implements the urban
mixed use land use designation on the future land use map of the Collier
County GMP. The maximum DENSITY permissible in the RMF-6 district and
the urban mixed use land use designation shall be guided, in part, by the
DENSITY rating system contained in the future land use element of the Collier
County GMP. The maximum DENSITY permissible or permitted in the RMF-6
district shall not exceed the DENSITY permissible under the DENSITY rating
system, except as permitted by policies contained in the future land use
element.
E. Residential Multiple-Family-12 District "RMF-12".
The purpose and intent of the residential multiple-family 12 district "RMF-12" is
to provide lands for multiple-family residences having a mid-rise Profile,
generally surrounded by lower STRUCTURES and OPEN SPACE, located in
close proximity to public and commercial services, with direct or convenient
ACCESS to collector and ARTERIAL ROADS on the county major road
network. Governmental, social, and institutional land uses that serve the
immediate needs of the multiple-family residences are permitted as
CONDITIONAL USES as long as they preserve and are compatible with the
mid-rise multiple-family character of the district. The RMF-12 district
Page 14 of 176
corresponds to and implements the urban mixed use land use designation on
the future land use map of the Collier County GMP. The maximum DENSITY
permissible in the RMF-12 district and the urban mixed use land use
designation shall be guided, in part, by the DENSITY rating system contained
in the future land use element of the Collier County GMP. The maximum
DENSITY permissible or permitted in the RMF-12 district shall not exceed the
DENSITY permissible under the DENSITY rating system, except as permitted
by policies contained in the future lanQ use element.
F. Residential Multiple-Family-16 District "RMF-16".
The purpose and intent of the residential multiple-family-16 district "RMF-16" is
to provide lands for medium to high DENSITY multiple-family residences,
generally surrounded by OPEN SPACE, located in close proximity to public
and commercial services, with direct or convenient ACCESS to arterial and
COLLECTOR ROADS on the county major road network. Governmental,
social, and institutional land uses that serve the immediate needs of the
multiple-family residences are permitted as CONDITIONAL USES as long as
they preserve and are compatible with the medium to high DENSITY multiple-
family character of the district. The RMF-16 district corresponds to and
implements the urban mixed use land use designation on the future land use
map of the Collier County GMP. The maximum DENSITY permissible iljl the
RMF-16 district and the urban mixed use land use designation shall be guided,
in part, by the DENSITY rating system contained in the future land use
element of the Collier County GMP. The maximum DENSITY permissible or
permitted in the RMF-16 district shall not exceed the DENSITY permissible
under the DENSITY rating system, except as permitted by policies contained
in the future land use element.
G. Residential Tourist District "Rr'.
The purpose and intent of the residential tourist district "Rr' is to provide lands
for tourist accommodations and support facilities, and multiple-family uses.
The RT district corresponds with and implements the urban mixed use district
and the activity center district in the urban designated area on the future land
use map of the Collier County GMP.
H. Village Residential District ''VR''.
The purpose and intent of the village residential district "VR" is to provide lands
where a mixture of residential uses may exist. Additionally, uses are located
and designed to maintain a village residential character which is generally low
profile, with relatively small BUILDING footprints as is the current appearance
of Goodland and Copeland. The VR district corresponds to and implements
the mixed residential land use designation on the Immokalee future land use
map of the Collier County GMP. It is intended for application in those urban
areas outside of the coastal urban area designated on the future land use map
of the Collier County GMP, though there is some existing VR zoning in the
coastal urban area. The maximum DENSITY permissible in the VR district and
the urban mixed use land use designation shall be guided, in part, by the
Page 15 of 176
-'-"-- -~-- "'--. ~"---
DENSITY rating system contained in the future land use element of the Collier
County GMP. The maximum DENSITY permissible or permitted in the VR
district shall not exceed the DENSITY permissible under the DENSITY rating
system, except as permitted by policies contained in the future land use
element, or as designated on the Immokalee future land use map of theGMP.
I. MOBILE HOME District "MH".
The purpose and intent of the MOBILE HOME district "MH" is to provide lands
for MOBILE HOMES and modular built homes as defined in this land
DEVELOPMENT lOC, that ensure, that they are consistent' and compatible
with surrounding land uses. The MH district corresponds to and implements
the urban mixed-use land use designation on the future land-use map of the
Collier County GMP. The maximum DENSITY permissible in the MH district
and the urban mixed use land use designation shall be guided, in part, by the
DENSITY rating system contained in the future land use element of the Collier
County GMP. The maximum DENSITY permissible or permitted in the MH
district shall not exceed the DENSITY permissible under the DENSITY rating
system, except as permitted by policies contained in the future land use
element, or as identified in the Immokalee future land use map of the GMP.
J. Prohibited animals in residential districts.
The following animals are to be considered farm animals and are not perrrtitted
to be kept in residential districts except as provided for in zoning district
regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs,
and the like.
2.03.02 Commerical Zoning Districts
A. Commercial Professional and General Office District "C-1".
The purpose and intent of the commercial professional and general office
district C-1 is intended to allow a concentration of office type BUILDINGS and
land uses that are most compatible with, and located near, residential areas;
Most C-1 commercial, professional, and general office districts are contiguous
to, or when within a PUO, will be placed in close proximity to residential areas,
and, therefore, serve as a transitional zoning district between residential areas
and higher intensity commercial zoning districts. The types of office uses
permitted are those that do not have high traffic volumes throughout the day,
which extend into the evening hours. They will have moming and evening
short-term peak conditions. The market support for these office uses should be
those with a localized basis of market support as opposed to office functions
requiring inter-jurisdictional and regional market support. Because office
functions have significant employment characteristics, which are compounded
when aggregations occur, certain personal service uses shall be permitted, to
provide a convenience to office-based employment: Such convenience
commercial uses shall be made an integral part of an office BUILDING as
opposed to the singular use of a BUILDING. Housing may also be a
Page 16 of 176
component of this district as provided for through CONDITIONAL USE
approval.
B. Commercial Convenience District "C-2".
The purpose and intent of the commercial convenience district "C;;.2." is to
provide lands where commercial establishments may be located to provide the
small-scale shopping and personal needs of the surrounding residential land
uses within convenient travel distance except to the extent ~hat office uses
carried forward from the C-1 district will expand the traditional neighborhood
size. However, the intent of this district is that retail and service uses be of a
nature that can be economically supported by the immediate residential
environs. Therefore, the uses should allow for goods and services that
households require on a daily basis, as opposed to those goods and services
that households seek for the most favorable economic price and, therefore,
require much larger trade areas. It is intended that the C-2 district implements
the Collier County GMP within those areas designated agricultural/rural;
estates NEIGHBORHOOD CENTER district of the Golden Gate Master Plan;
the NEIGHBORHOOD CENTER district of the Immokalee Master Plan; and
the urban mixed use district of the future land use element permitted in
accordance with the LOCATIONAL CRITERIA for commercial and the goals,
objectives, and policies as identified in the future land use element of the
Collier County GMP. The maximum DENSITY permissible in the C-2 district
and the urban mixed use land use designation shall be guided, in part, by the
DENSITY rating system contained in the future land use element of the Collier
County GMP. The maximum DENSITY permissible or permitted in a district
shall not exceed the DENSITY permissible under the DENSITY rating system.
C. Commercial Intermediate District "C-3".
The purpose and intent of the commercial intermediate district "C-3" is to
provide for a wider variety of goods and services intended for areas expected
to receive a higher degree of automobile traffic. The type and variety of goods
and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably
located at the intersection of two-arterial level STREETS. Most activity centers
meet this standard. This district is also intended to allow all of the uses
permitted in the C-1 and C-2 zoning districts typically aggregated in planned
SHOPPING CENTERS. This district is not intended to permit wholesaling type
of uses, or land uses that have associated with them the need for outdoor
storage of equipment and merchandise. A mixed-use project containing a
residential component is permitted in this district subject to the criteria
established herein. The C-3 district is permitted in accordance with the
LOCATIONAL CRITERIA for commercial and the goals, objectives, and
policies as identified in the future land use element of the Collier County GMP.
The maximum DENSITY permissible in the C-3 district' and the urban mixed
use land use designation shall be guided, in part, by the DENSITY rating
system contained in the future land use element of the Collier County GMP.
Page 17 of 176
-.-...-.---.,...-.... -----.-.--...-.-. -'--- .~.- -.-.-,
The maximum DENSITY permissible or permitted in the C-3 district shall not
exceed the DENSITY permissible under the DENSITY rating system.
D. General Commercial District "C-4". .
The general commercial district "C-4" is intended to provide for those types of
land uses that attract large segments of the population at the same time by
virtue of scale, coupled with the type of activity. The purpose and intent of the
C-4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment
and recreational attractions, at a larger scale than the C-1 through C-3
districts. As such, all of the uses permitted in the C-1 through C-3 districts are
also permitted in the C-4 district. The outside storage of merchandise and
equipment is prohibited, except to the extent that it is associated with the
commercial activity conducted on-site such as, but not limited to, automobile
sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district
because most activity centers are located at the intersection of ARTERIAL
ROADS. Therefore the uses in the C-4 district can most be sustained by the
transportation network of major roads. The C-4 district is permitted in
accordance with the LOCA TIONAL CRITERIA for uses and the goals,
objectives, and policies as identified in the future land use element of the
Collier County GMP. The maximum DENSITY permissible or permitted I in a
district shall not exceed the DENSITY permissible under the DENSITY rating
system.
E. Heavy Commercial District "C-5".
In addition to the uses provided in the C-4 zoning district, the heavy
commercial district "C-5" allows a range of more intensive commercial uses
and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C-5 district permits heavy commercial
services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor
offices, plumbing, heating and air conditioning services, and similar uses that
typically have a need to store construction associated equipment and supplies
within an enclosed STRUCTURE or have showrooms displaying the
BUILDING material for which they specialize. Outdoor storage YARDS are
permitted with the requirement that such YARDS are completely enclosed or
opaquely screened. The C-5 district is permitted in accordance with the
LOCATIONAL CRITERIA for uses and the goals, objectives, and policies as
identified in the future land use element of the Collier County GMP.
F. Travel trailer-RECREATIONAL VEHICLE campground district (TTRVC)
1. Purpose and intent. The provisions of this district are intended to apply
to trailer LOTS for travel trailers, park model travel trailers and
RECREATIONAL VEHICLES, not exceeding 480 square feet in gross
FLOOR AREA. Such trailer LOTS are intended to accommodate travel
trailers, model travel trailers, pickup coaches, motor homes, and other
Page 18 of 176
vehicular accommodations which are suitable for temporary habitation,
used for travel, vacation, and recreational purposes. Campsites are
intended to accommodate temporary residency while camping,
vacationing or recreating. TTRVC vehicles may be permanently located
on a LOT; however, no person or persons may occupy said vehicles as
permanent places of residence.
2. Plan approval requirements. Layout plans for a TTRVC park shall be
submitted to the County Manager or his designee and construction shall
be in accordance with approved plans and specifications and further
subject to the provisions of site DEVELOPMENT plans in section
10.02.03. Such plans shall meet the requirements of this district and
shall show, at a minimum, those items identified herein.
3. Required internal park STREET system. All LOTS/spaces within a
TTRVC park shall have direct access from an internal STREET. All
internal STREETS within the district shall provide safe and convenient
access to a public STREET. The RIGHT-OF-WAY widths, paving
widths, and other construction standards, including gradient and
alignment of all internal STREETS and drainage shall be subject to the
standards for DEVELOPMENT of supporting infrastructure as
provided in the SUBDIVISION regulations, in Chapter 10. For the
purpose of this subsection, internal STREETS shall refer to STREETS,
including necessary RIGHT-OF-WAY or easement, located within the
confines of the project legal description and providing no access to
other land PARCELS.
4. Required facilities for campsites and TTRV LOTS.
a. Sanitary facilities, including flush toilets, and showers within 300 feet
walking distance from every campsite LOT and as approved by the
Collier County health department, or in the event of a private on-site
system connection to a county system subject to county ordinances.
Lighting shall be provided in sanitary facilities at all times and the
facilities shall be accessible to park residents at all times.
b. Potable water supply as approved by the Collier County health
department and/or the director of DEVELOPMENT services
pursuant to Chapter 10.
c. A trash container such as a dumpster shall be located in areas
easily accessible and not obstructed by campsites, LOTS or other
TTRVC LOTS or parking areas.
d. An enclosed space shall be open at all times wherein a portable fire
extinguisher in operable condition and first aid equipment is
available, and a telephone is available for public use.
Page 19 of 176
.-
e. One parking space per campsite or TTRV LOT.
5. Sanitary waste disposal. Unless every travel trailer site has a sanitary
waste outlet, a central pump-out station shall be provided.
6. Off-STREET parking. As required in section 4.05.00.
'.,
7. Permanent location of TTRV vehicles. TTRV vehicles including park
model, travel trailers, may be permanently located on a LOT; however,
no permanent residency is allowed.
8. Compliance. Where travel trailer/park model LOTS are being sold to
individuals, the developer/owner of the LOTS shall include in the title
transfer document a covenant attesting to the fact that the LOT cannot
be used as a place of permanent occupancy. All TTRVC parks which
commenced construction after the effective date of this district shall
comply with all requirements of this district except as further provided
herein. No TTRVC park in existence on the effective date of this district
shall be AL TERED so as to provide a lesser degree of conformity) with
the provisions of this district than existed on the effective date of this
district. Land already zoned TTRVC which does not meet the acreage
requirements may be developed; however, the DEVELOPMENT shall
conform with all other regulations of this district.
Every proprietor, manager, homeowners' association, or
CONDOMINIUM association of a TTRV park shall maintain a register of
tenants or occupants, noting the duration of the rental arrangement or
length of occupancy for owner/occupied sites with respect to one or
more travel trailers or park models. Said register shall be made
available upon demand to the county manager. In the event of
owner/occupied LOTS within the TTRVC district, said owner is
responsible for registering his or her arrival and departure from their
recreation residence with the manager of the TTRVC park. Failure to
register will hold the owner responsible for penalties as herein provided.
Failure of park owner/manager to provide said register, duly describing
the persons who have occupied a travel trailer or park model trailer, and
the duration of their occupancy, shall be guilty of a misdemeanor and
subject to the penalties provided by this Code. Any proprietor or
manager who maintains a falsified register to allow persons to occupy a
travel trailer or park model trailer on a permanent basis shall be
similarly guilty of a misdemeanor and subject to penalties as provided in
this Code.
9. FLOOD program requirements. All travel trailers, park model travel
trailers, RECREATIONAL VEHICLES and accessory STRUCTURES
Page 20 of 176
shall comply with the current Collier County FLOOD Damage
Prevention Ordinance [Code ch. 62, art. II] if permanently attached to
the ground or utility facilities.
10. Anchoring/sewer, water and electrical connections. Park model travel
trailers, when positioned on a LOT in this district, must be anchored in
accordance with the standards set forth in the MH district and TTRVC
district and other applicable regulations, and be connected to a public or
private water and sewer system. Additionally, such units must obtain
electrical service directly from the electric utility autho-rized to provide
such service in Collier County.
11. BUILDING permit. A BUILDING permit shall be required for any
permitted use prior to water, sewer or electric connection.
12. SIGNS. As required in section 5.06.00.
2.03.03 Industrial Zoning Districts
A. Industrial District "I".
The purpose and intent of the industrial district "I" is to provide lands for
manufacturing, processing, storage and warehousing, wholesaling, and
distribution. Service and commercial activities that are related to
manufacturing, processing, storage and warehousing, wholesaling, and
distribution activities, as well as commercial uses relating to automotive repair
and heavy equipment sales and repair, are also permissible in the I district.
The I district corresponds to and implements the industrial land use
designation on the future land use map of the Collier County GMP.
B. Business Park District "BP".
The purpose and intent of the business park district "BP" is to provide a mix of
INDUSTRIAL USES, corporate headquarters offices and
business/professional offices which complement each other and provide
convenience services for the employees within the district; and to attract
businesses that create high value-added jobs. It is intended that the BP district
be designed in an attractive park-like environment, with low structural
DENSITY and large landscaped areas provided for both the functional use of
BUFFERING and enjoyment by the employees of the BP district. The BP
district is permitted by the urban mixed use, urban commercial, and urban-
industrial districts of the future land use element of the Collier County GMP.
2.03.04 Civic and Institutional Zoning Districts
A. Public Use District "P".
The purpose and intent of public use district "P" is to accommodate only local,
state, and federally owned or leased and operated government facilities that
provide essential public services. The P district is intended to facilitate the
Page 21 of 176
--- ....---.
coordination of urban services and land uses while minimizing the potential
disruption of the uses of nearby properties.
B. Community Facility District "CF".
The purpose and intent of "CF" district is to implement the GMP by permitting
nonresidential land uses as generally identified in the urban designation of the
future land use element. These uses can be characterized as public facilities,
institutional uses, OPEN SPACE uses, recreational uses, water-related or
dependent uses, and other such uses generally serving the community at
large. The dimensional standards are intended to ensure COMPATIBILITY
with existing or future nearby residential DEVELOPMENT . The CF district is
limited to properties within the urban mixed use land use designation as
identified on the future land use map.
2.03.05 OPEN SPACE Zoning District
A. Golf Course District "GC".
The purpose and intent of "GC" district is to provide lands for golf courses and
normal ACCESSORY USES to golf courses, including certain uses of a
commercial nature. The GC district shall be in accordance with the ~rban
mixed use district and the agricultural rural district of the future land. use
element of the Collier County GMP. !\
I
B. Conservation District "CON". \
The purpose and intent of the conservation district "CON" is to conserve,
protect, and maintain vital natural resource lands within unincorporated Collier
County that are owned primarily by the public. All native habitats possess
ecological and physical characteristics that justify attempts to maintain these
important natural resources. Barrier Islands, coastal bays, WETLANDS, and
habitat for listed species deserve particular attention because of their
ecological value and their sensitivity to perturbation. All proposals for
DEVELOPMENT in the CON District must be subject to rigorous review to
ensure that the impacts of the DEVELOPMENT do not destroy or
unacceptably degrade the inherent functional values. The CON district
includes such public lands as Everglades National Park, Big Cypress National
Preserve, Florida Panther National Wildlife Refuge, portions of the Big
Cypress Area of Critical State Concem, Fakahatchee Strand State Preserve,
Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary
Research Reserve, Delnor-Wiggins State Park, and the National Audubon's
Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent
of the CON district to require review of all DEVELOPMENT proposed within
the CON district to ensure that the inherent value of the County1s natural
resources is not destroyed or unacceptably ALTERED. The CON district
corresponds to and implements the conservation land use designation on the
future land use map of the Collier County GMP.
Page 22 of 176
1. ALLOW ABLE USES. The following uses are allowed in the CON
District.
a. USES PERMITTED AS OF RIGHT.
(1) On privately held land only, single family DWELLING
UNITS, and MOBilE HOMES where the MOBILE HOME
Zoning Overlay exists.
(2) On publicly and privately held lands only, dormitories,
DUPLEXES and other types of housing, as may be
incidental to, and in support of, CONSERVATION USES.
(3) Passive parks, and other passive recreational
uses, including, but not limited to:
(a) OPEN SPACE and recreational uses;
(b) biking, hiking, canoeing, and nature trails;
(c) equestrian paths; and
II
(d) nature preserves and wildlife sanctuaries. i!
ill\
(4) Habitat p~eservation and CONSERVATION USES.
(5) Family and Group Care Facilities.
(6) Sporting and Recreational camps incidental to
CONSERVATION USES on public lands; or, on privately
held lands,
(7) AGRICULTURAL USES that fall within the scope
of Sections 163.3162(4) and 823.14(6} Florida Statutes.
(8) OIL AND GAS EXPLORATION subject to state drilling
permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-
drilling and/or previously cleared or disturbed areas shall
be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state permit
in compliance with the criteria established in Chapter 62C-
25 through 62C-30, F.A.C., regardless of whether the
activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001 (2), F.A.C. All applicable
Collier County environmental permitting requirements
shall be considered satisfied by evidence of the issuance
of all applicable federal and/or state oil and gas permits
Page 23 of 176
-. ,---
for proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee
as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, even if outside the
defined Big Cypress Watershed. All oil and gas access
roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(9) The following ESSENTIAL SERVICES:
(a) Private wells and septic tanks necessary to
serve uses identified in1 through 8 above.
(b). Utility lines necessary to serve uses
identified in1 through 8 above, with the exception of
sewer lines.
(c) Sewer lines and lift stations if all of the following
criteria are satisfied:
i. Such sewer lines or lift stations shall not be
located in any NRPA Lands in the CON DISTRICT;
ii. Such sewer lines or lift stations shall be
located with already cleared portions of existing
rights-or-way or EASEMENTS; and
iii. Such sewer lines or lift stations are
necessary to serve a central sewer system that
provides service to Urban Areas or to the Rural
Transition Water and Sewer District.
(d) Water pumping stations necessary to
service a central water system providing service to
Urban Areas and/or the Rural Transition Water and
Sewer District.
b. USES ACCESSORY TO PERMITTED USES. Uses and
STRUCTURES that are accessory and incidental to uses
permitted as of right in the CON DISTRICT.
Page 24 of 176
c. CONDITIONAL USES. The following uses are permitted as
CONDITIONAL USES in the CON, subject to the standards and
procedures established in section 10.08.00 and further subject
to: 1) submission of a plan for DEVELOPMENT as part of the
required EIS that demonstrates that WETLANDS, listed species
and their habitat are adequately protected; and 2) conditions
which may be imposed by the Board of County Commissioners,
as deemed appropriate.t. to limit the size, location, and access to
the conditional use.
(1 ) Oil and gas field DEVELOPMENT and production,
subject to state field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT
plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in
order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be
deemed satisfied upon issuance of a state permit in
compliance with the criteria established in Chapter 62C-25
through 62C-30, F.A.C., regardless of whether the adtivity
occurs within the Big Cypress Watershed, as defin~d in
Rule 62C-30.001 (2), F.A.C. All applicable Collier County
environmental . permitting requirements shall be
considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long
as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee
as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and
gas access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(2) Those ESSENTIAL SERVICES set forth in section
2.01.03 G.2.
(3) Commercial uses accessory to permitted uses A.3,
A.4, and A.7 above, such as retail sales of produce
accessory to farming, or a REST AUAANT accessory to a
park or preserve, so long as limitations are imposed to
Page 25 of 176
"^,._---",,_._---,- <."w,.,._.....~._ .-...'",.._-.,,- -~-~".,~,_.,
ensure that the commercial use functions as a
subordinate use.
(4) Staff housing in conjunction with safety service
facilities and ESSENTIAL SERVICES.
2. DESIGN CRITERIA.
a. DIMENSIONAL STANDARDS. The following dimensional
standards shall apply to all permitted and ACCESSORY USES in
the CONSERVATION DISTRICT (CON).
(1) Minimum LOT area. Each dwelling unit, other than for
staff housing and sporting and recreational camps, must
be physically situated on a minimum five acre PARCEL
except within the Big Cypress National Preserve, where
each dwelling unit must be physically situated on a
minimum 3 acre PARCEL, except for those legal
NONCONFORMING LOTS or PARCELS in existence as
of June 22,2002, of less than five acres outside of the Big
Cypress National Preserve and of less than 3 acres within
the Big Cypress National Preserve.
(2) Minimum LOT width. One hundred fifty feet.
(3) Minimum YARD requirements.
(a) FRONT YARD. 50 feet.
(b) Side YARD. 50 feet.
(c) Rear YARD. 50 feet.
(4) Maximum height. Thirty-five feet.
b. MAXIMUM DENSITY AND INTENSITY.
(1 ) Single family dwellings and MOBILE HOMES
(a) One dwelling unit for each five gross acres or one
dwelling unit for each legal, NONCONFORMING LOT
or PARCEL in existence as of June 22, 2002 of less
than five acres, except within the. Big Cypress National
Preserve.
Page 26 of 176
(b) Within the Big Cypress National Preserve, one
dwelling unit per 3 gross acres, or one dwelling unit
per legal, NONCONFORMING LOT or PARCEL in
existence as of June 22, 2002 of less than 3 acres.
(2) Family Care Facilities: 1 unit per 5 acres.
(3) Group Care Facilities and other Care Housing
Facilities: maximum FLOOR AREA ratio not to exceed
0.45.
(4) Sporting and Recreational Camps: 1 lodging unit
per 5 gross acres, which may be achieved through
CLUSTERING.
(5) Staff housing: 1 lodging unit per 5 gross acres,
which may be achieved through CLUSTERING. ,
c. OFF-STREET PARKING. As required in Chapter 4 of the
Code.
I
d. LANDSCAPING. As required in Chapters 4 and 10 of the \
Code.
e. SIGNS. As required in section 5.06.00 of the Code.
2.03.06 Planned Unit DEVELOPMENT Districts
A. Purpose and intent
The purpose and intent of establishing the planned unit DEVELOPMENT
district (PUD) is to provide procedures and standards to encourage mixed use
planned DEVELOPMENT S that may be situated at appropriate locations, or
planned DEVELOPMENT S that mayor may not be mixed use in the urban
fringe areas, all in accordance with the planning and DEVELOPMENT
objectives of the county under the LDC and the GMP. It is further the purpose
and intent of these PUD regulations to encourage ingenuity, innovation and
imagination in the planning, design, and DEVELOPMENT or redevelopment of
relatively large tracts of land under unified ownership or control. PUDs produced
in compliance with the terms and provisions of this LDC and the GMP may
depart from the strict application of SETBACK, height, and minimum LOT
requirements of conventional zoning districts while maintaining minimum
standards by which flexibility may be accomplished, and while protecting the
public interest, in order to:
B. The PUD process is intended to accomplish the following:
Page 27 of 176
.-........----- _'n.. "..'_'
1. Provide a creative approach to improve the quality of the built
environment of contiguous tracts of land which will encourage
DEVELOPMENT of infill PARCELS of contiguous tracts of land in
certain circumstances.
2. Create a more desirable environment providing for consistency and
visual harmony than would be possible through strict application of the
minimum requirements of this LDC.
3. Encourage pattems of lad use that support economical provisions of
infrastructure, resulting in smaller networks of utilities 'and STREETS
with consequent lower construction and future maintenance costs.
4. Evaluate the impact of a particular PUD on the present and projected
population, economy, land use pattem, tax base, STREET system, and
public facility network(s) of the county relative to the various costs and
benefits associated with such DEVELOPMENT.
5. Assure that the DEVELOPMENT employs techniques featuring
amenities and excellence in the form of variations in siting, mixed land
uses and/or varied DWELLING types, as well as adaptation to and
conservation of the topography and other natural characteristics of the
land involved. Exceptions to variations in siting, mixed land uses and/or
varied DWELLING types may be granted on PUD infill
DEVELOPMENT.
C. PUD districts shall hereafter be established by amendment of the official
zoning atlas according to the procedures established in Chapter 10. The
purpose and intent of establishing and identifying the following
classifications is to identify a relationship between a proposed PUD and the
other zoning districts within this LDC. The goal is to relate the purpose and
intent of the PUD zoning district and the uses permitted within a PUD to
defined zoning districts within this LDC and to establish appropriate uses
and performance standards within this PUD, which are similar to those
allowed by the most similar district(s). PUDs shall hereafter be defined by
the following districts and shall be referenced as such within the PUD
document as follows:
1. Residential planned unit DEVELOPMENT district. This district is
intended to further the general purpose of a planned unit
DEVELOPMENT district set forth above as it relates to residential
areas. The PRINCIPAL USE of any residential planned unit
DEVELOPMENT is for human habitation in permanent and/or
seasonal year-round DWELLING UNITS. The RPUD district shall be
construed to include the following zoning districts: RSF-1, RSF-2, RSF-
3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, AND MH.
2. Community facilities planned unit DEVELOPMENT district. This district
is intended to accommodate public facilities, institutional uses, OPEN
SP ACE uses, recreational uses, water-related or dependent uses, and
Page 28 of 176
other governmental, religious and community service activities which
complement and are necessary to serve other zoning districts.
3. Commercial planned unit DEVELOPMENT district. This district shall
be construed to include the following districts: C-1, C-2, C-3, C-4, C-5
and TTRVC. ACCESSORY USES which may be permitted' in the
commercial planned unit DEVELOPMENT district include permanent
and/or seasonal human habitation in multiple-family BUILDINGS and
TOWNHOUSES, transient housing in HOTEL or MOTEL rooms, health
care facilities, and other limited institutional uses.
4. Industrial planned unit DEVELOPMENT district. This district is
intended to accommodate industrial DEVELOPMENT The
PRINCIPAL USE of any industrial planned unit DEVELOPMENT is the
manufacture of goods, materials and the storage and wholesale
distribution of such goods or materials.
5. AIRPORT operations planned unit DEVELOPMENT district (AOPUD).
This district is intended to accommodate and regulate those lands on
which public AIRPORTS and ancillary facilities are to be located.
6. Mixed use planned unit DEVELOPMENT district (MPUD). This district
is intended to accommodate a planned unit DEVELOPMENT with
more than one type of PUO district. The PUO document shall define
the mixture of PUO districts as set forth in this section.
7. Research and technology park planned unit DEVELOPMENT district.
This district is intended to accommodate a planned unit
DEVELOPMENT with a mixture of targeted industry uses -
aviation/aerospace, health technology industry, information technology
industry, and light, low environmental impact manufacturing industry
and non-INDUSTRIAL USES, in accordance with the design
requirements of section 4.07.05 of this LOC and the GMP research and
technology park subdistrict.
a. Type A - Research and technology park in the urban-mixed use
district of the GMP.
b. Type B - Research and technology park in the urban commercial
district of the GMP.
c. Type C - Research and technology park in the urban industrial
district of the GMP.
d. At a minimum, 60 percent of the total park net acreage shall be
devoted to target industry uses as defined below in section
2.03.06(0) of this LOC, use regulations table.
e. Non-target industries, as defined below in section 2.03.06(0) of this
LOC, use regulations table, and WORKFORCE HOUSING, shall be
permitted to include up to twenty (20) percent of the total park net
acreage.
Page 29 of 176
-"-'-,,_._~-- .-.-
D. The following are permissible uses in the Research and Technology Park
PUD:
Special
Notes RTPPUD
Identified use Or
Reaulation
Accessory uses and structures 4.07.02 and P
5.03.00
AccountinQ 8721, 7521,7231,7241 NT
Administrative offices P (2)
Aircraft & Parts 3721-3728 T
Aviation/Aerospace Industries
A TM (automatic teller machine) P
Automobile service station 5.05.05 NT
Banks and financial
establishments NT
Group I 6011 - 6062 NT
Group" 6081 - 6173
Bar or cocktaillounae - ,
Barber Shops 7241 NT I
Beauty Shops 7231 NT
Boats:
Boat ramps and dockage (not NT
marinas) 5.03.06
Boat rental
Boat repair and service -
Boat sales NT
Broadcast studio, commercial
radio T
and television
Business services 7311 - 7352, NT
7359-7389
Cable and other pay television T
services 4841
Call Center and Customer Support T
Activities
Car wash NT
CD-ROM development T
Clothing stores, Qeneral NT
Communication Qroups 4812-4841 T
Communication towers:
75 feet or less in height 5.05.09 P
More than 75 feet in heiaht CU
Computer and data processina T
Page 30 of 176
Special
Notes RTPPUD
Identified use Or
Reaulation
services, Computer related
services, not elsewhere classified
Consumption on premises NT
Convenience food and beverage :NT
store
Day care center, adult & child PINT
services
Data and Information processing T
Development testing and related T
manufacturing
Drive-through facility for any P
Permitted use
DruQs, Medicine 2833-2836 T
DruQstore, pharmacy 5912 NT
Dwelling unit:
Single-family, duplex
Two-family attached P
Townhouse, multiple-family P
building P
Educational, scientific and T
research orQanizations
Engineering 0781, 8711-8713, NT
8748
Export based laboratory research T
or testinQ activities
Fences, walls 5.03.02 P
Food and beveraQe service, limited NT
Food stores 5411-5499 NT
Gasoline dispensing system, NT
special
General Merchandise 5331-5399 NT
General Contractors 1521-1542 NT
Gift and souvenir shop NT
Hardware store 5251 NT
Health care facilities:
8011 - 8049 NT
8051 - 8099 NT
Health TechnoloQies T
Heliport or helistop P
Hobby, tOY and Qame shops NT
Hotel/motel: 7011, 7021, 7041 NT
Page 31 of 176
Special
Notes RTPPUD
Identified use Or
Regulation
Housing units for employees only 5.05.03 P
Insurance companies 6311-6399, NT
6411
Infonnation Technologies ',. T
laboratories 5047,5048,5049" 'T
8071,8731,8734
Laundry or dry cleaning NT
Legal Offices 8111 NT
MANUFACTURING OF:
1. Electronics 3612-3699 T
2. Measuring, analyzing &
Controlling instruments, T
3812 - 3873
3. Novelties, jewelry, toys NT i
and signs I
Management 8741-8743, 8748 NT I
Medical Laboratory 8071 ,8072, T
8092,8093
Membership Organization 8611- NT
8699
Motion picture production studio NT
7812-7819
Multimedia activities T
Parks P
Parking lot:
Accessory P
Garage, public parking P
Personal services 7211-7299 NT
Phannacy NT
Photo finishing laboratory T
Photographic Studios 7221 NT
Physical Fitness 7991 NT
Play Ground P
Printing and publishing 2752 T
Production facilities and T
operations/technology based
Professional Office NT
Research, development
laboratories & Technology Parks: See Note (3)
8071,8731,8734 P
Page 32 of 176
Special
Notes RTPPUD
Identified use Or
Reaulation
All others P
Residential Development P
including care units, family care
facilities and group care facilities
Residential accessory uses NT
Restaurant, fast food NT
Restaurants 5812-5813 NT
Schools:
Commercial 8243-8299 NT
Security & Commodity Brokers NT
6211-6289
Self-service fuel pumps NT
Signs in accordance with 5.06.00 5.06.00 P
Storage:
Indoor only. P
Studios NT
Telephone communications 4813 T
Travel Agency 4724 NT
Legend: (-) not permitted, (P) permitted, (CU) conditional use (T) target
industry [RTPPUD only], (NT) non-target industry [RTPPUO only]
Notes:
(1) subject to limitations for commercial uses set forth in section 2.03.02(C)
of this LOC.
(2) accessory uses only
(3) Subject to ordinance 02-24 (GMP amendment).
E. The following are permissible commercial uses in PUDs:
Ma'or Cate 0 S ecific Uses:
a. Groups 6021- Commercial banks - drive-through facilities are
6029 rohibited
b. Group 6531 Real estate agents and managers for property
within PUO onl
c. Group 5251 Hardware store only - 2,500 sq. ft. maximum floor
area
d. Grou 5331 Variet stores - 2,500 s . ft. maximum floor area
e. Group 5339 Miscellaneous general merchandise stores, except
catalog showrooms - 2,500 sq. ft. maximum floor
area
f. Group 5411 Grocery stores, except frozen food and freezer
lants 10,000 s . ft. maximum floor area
Fish, meat, and seafood markets onl
Page 33 ot 176
'"-----_..~
h. Grou 5431 Fruit and ve etable markets
i. Grou 5461 Retail bakeries
j. Group 5499 Health food store only - 2,500 sq. ft. maximum
floor area
k. Grou 5541 Gasoline service stations, exce t truck sto s
I. Groups 5611- Apparel and accessory stores - 2,500 sq. ft.
5661 maximum floor area
m. Grou 5735 Record and r.erecorded ta e stores
n. Group 5812 Eating place$, except caterers and industrial and
institutional food service establishments, dinner
theaters, drive-in restaurants and restaurants with
drive-throu h facilities
5921 Li uor stores
5947 Gift, novel , and souvenir sho s
5949 Sewin ,needlework, and iece oods stores
5992 Florists
7212 A ents for laundries and d cleaners onl
Coin-o erated laundries and d cleanin
Diaper service, and garment alteration and repair
I
sho s onl ;
v. Group 7231 Beauty shops, except beauty schools and
cosmetolo schools
w.Grou 7241 Barber sho s, exce t barber colle es
x. Group 7299 Depilatory salon, electrolysis, massage parlor,
shopping service for individuals, and tanning
salons onl
Housekee in and maid service onl
Video ta e rental
Ph sical fitness facilities
Offices and/or clinics of physicians, and offices
an/or clinics of dentists
Offices and clinics of chiro ractors
F. Special requirements for public school facilities within a planned unit
DEVELOPMENT.
1. Permitted facilities.
ANCILLARY PLANTS and EDUCATIONAL PLANTS are both
permitted in a planned unit DEVELOPMENT district; however, any
high school located in this district is subject to a COMPATIBILITY
REVIEW as described in section 10.02.03 of the code.
2. YARD Requirements for public schools.
Page 34 of 176
a. For PRINCIPAL STRUCTURES: 50 feet from all property
lines.
b. For ACCESSORY STRUCTURES: 25 feet from all property
lines.
2.03.07. Overlay Zoning Districts
A. Corridor Management Overlay "C~O"
1. The purpose of the "CMO" district is to supplement, existing zoning
regulations for properties bordering Golden Gate Parkway west of
Santa Barbara Boulevard and Goodlette-Frank Road south of Pine
Ridge Road. The CMO district will implement the urban design
concepts developed in the corridor management study for Goodlette-
Frank Road and Golden Gate Parkway. These regulations recognize
that two (2) separate jurisdictions govern land uses in these corridors
and are designed to develop greater consistency in design standards
between Collier County and the City of Naples.
2. These regulations apply to all properties ADJACENT to the rights-of-
way of Goodlette-Frank Road from U.S. 41 to Pine Ridge Road: and
Golden Gate Parkway from U.S. 41 to Santa Barbara Bouleva~ as
measured perpendicular from the ABUTTING RIGHT-OF-WAY or a
distance of 330 feet. Except as provided in this regulation, all other
use, dimensional, and DEVELOPMENT requirements shall be as
required in the underlying zoning categories.
B. MOBILE HOME Overlay "MHO"
The "MHO" district is intended to apply to those agricultural areas where a
mixture of housing types is found to be appropriate within the district. It is
intended that MOBILE HOMES allowed under this section shall be erected
only in the Rural Agricultural district and only when the requirements and
procedures of this section are met.
C. AIRPORT Overlay "APO"
The purpose and intent of the "APO" district is to provide both airspace
protection and land use COMPATIBILITY in relation to the normal operation of
public-use AIRPORTS located within the County, including the Naples
Municipal AIRPORT, Everglades City Airpark, Marco Island Executive
AIRPORT, Immokalee Regional AIRPORT, and all existing and future public-
use AIRPORTS and heliports in the County. The purpose and intent of these
regulations shall be as follows:
1. To attempt to promote maximum safety of aircraft arriving at and
departing from all public-use AIRPORTS located within the County;
a. To attempt to promote maximum safety of residents and property
within areas surrounding public-use AIRPORTS located within the
County;
Page 35 of 176
... .-._-,",.,._~_....._...._...." '- -..-.
b. To attempt to promote full utility of the public-use AIRPORTS within
the County;
c. To provide DEVELOPMENT standards for land uses within
prescribed noise zones associated with the normal operation of
public-use County AIRPORTS;
d. To provide BUILDING height standards for use within the approach,
transitional, horizontal, and conical zones so as to encourage and
promote proper DEVELOPMENT beneath such areas;
e. To provide administrative and enforcement procedures for the
efficient and uniform regulation of all DEVELOPMENT proposals
within such areas; and
f. That in addition to the regulations applicable to land zoned, as
indicated in the Official Zoning Atlas, the following regulations are
additionally applicable to lands in the County in the vicinity of the
Naples Municipal, Everglades, Marco Island, and Immokalee
AIRPORTS as indicated on the AIRPORT zoning maps of the
County. Lands lying within various zones as indicated on the
AIRPORT zoning maps are subject to the additional regulations set
out in this section.
D. Special Treatment Overlay "sr
1. Within the County there are certain areas, which because of their
unique assemblages of flora and/or fauna, their aesthetic appeal,
historical or archaeological significance, rarity in the County, or their
contribution to their own and ADJACENT ecosystems, make them
worthy of special regulations. Such regulations are directed toward the
conservation, protection, and preservation of ecological and
recreational values for the greatest benefit to the people of the County.
Such areas include, but are not necessarily limited to, mangrove and
freshwater swamps, barrier islands, hardwood hammocks, xeric
scrubs, coastal BEACHES, estuaries, cypress domes, natural drainage
ways, AQUIFER recharge areas, and lands and STRUCTURES of
historical and archaeological significance. The purpose of the "sr
district is to assure the preservation and maintenance of these
environmental and cultural resources and to encourage the
preservation of the intricate ecological relationships within the systems,
and at the same time, permit those types of DEVELOPMENT which
will hold changes to levels determined acceptable by the BCC after
public hearing.
2. An overlay zoning district classification to be known as the ST special
treatment overlay district, and to be designated on the Official Zoning
Atlas by the symbol "ST" together with the symbol of the basic zoning
district which it overlays, is hereby established. This overlay district
classification will be used for those lands of environmental sensitivity
Page 36 of 176
and historical and archaeological significance where the essential
ecological or cultural value of the land is not adequately protected
under the basic zoning district regulations established by this LDC. The
placement or removal of this the ST district shall be govemed by the
procedure for amending the LDC and this Official Zoning Atlas as
prescribed in Chapter 10. All land within the ST overlay district shall be
designated as environmentally sensitive.
3.For purposes of identifying- land from which the residential
DEVELOPMENT rights have been transferred, such lands shall be
designated on the Official Zoning Atlas by affixing the letter "P" for
preservation to the symboIIlST," thusly "P-ST.II Such designation shall
be placed on the land after the BCC has accepted the deed and/or
guarantee to said property.
4. Transfer of DEVELOPMENT Rights (TDR)
a. Purpose, Intent and Applicability.
i. PURPOSE.
1
The primary purpose of the TOR process is to establish an
I
equitable method of protecting and conserving lands detemiined
to have significant environmental value, including large
connected wetland systems and significant areas of habitat for
listed species; and
To provide a viable mechanism for property owners of such
environmentally valuable lands to recoup lost value and
DEVELOPMENT potential which may be associated with the
application of environmental preservations standards to such
lands.
ii. INTENT. These TDR provisions are intended to
accomplish the above stated purpose through an economically
viable process of transferring DEVELOPMENT rights from less
suitable non-RFMU sending areas and RFMU SENDING LANDS
to more suitable non-RFMU receiving areas and RFMU
RECEIVING LANDS.
iii. APPLICABILITY . These TDR provisions shall be
applicable to those areas specifically identified in (b), (c) and (d)
below. These TDR provisions shall not be applicable to the any
transfer of DEVELOPMENT rights within the RLSA District.
b. TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS
TO URBAN AREAS. An owner of land located within areas designated
as urban on the Future Land Use Map, including agriculturally zoned
Page 37 of 176
.0..__-
properties, which mayor may not be identified with the ST overlay, may
elect to transfer some or all of the residential DEVELOPMENT rights
from one PARCEL of land to another PARCEL, as an alternative to the
DEVELOPMENT of the sending lands. The lands to which the
DEVELOPMENT rights are to be transferred shall be referred to as
receiving lands and those lands from which DEVELOPMENT rights
are transferred shall be referred to as sending lands, as provided herein
and shall be located within the urban designated areas of the county.
'"
i. The DEVELOPMENT rights shall be considered as interests
in real property and be transferred in portions or as a total as
provided in this section. Once used, the residential
DEVELOPMENT rights shall not be used again and the
residential DEVELOPMENT rights of the subject lands providing
them shall be considered severed forever.
ii. The transfer of DEVELOPMENT rights to be used shall be
subject to all of the requirements of the basic zoning district to
which they are transferred unless specifically approved otherwise
as provided by law. I
!
iii. The minimum area of land eligible for the transfer of
DEVELOPMENT rights shall be equal to the minimum LOT size
for the sending zone. For the purposes of this section, legal non-
conforming LOTS of record may be eligible to transfer DENSITY,
with the minimum area of the receiving land equal to the area of
the legal non-conforming LOT OF RECORD, excluding
submerged land.
iv. Upon the approval of the transfer of residential
DEVELOPMENT rights by a super majority vote of the board of
county commissioners, the property owner of the sending land
shall dedicate in fee simple the land to the county or a state or
federal agency; however, the lands may be dedicated in fee
simple to a private, not-for-profit conservation or environmental
organization in accordance with F.S. ~ 704.06, as amended, with
the approval of the board of county commissioners.
v. The maximum number of residential units which may be
requested for transfer shall be compiled on the basis of the
permitted DENSITY pursuant to the underlying zoning category
of the sending land.
vi. Maximum number of residential units which eligible lands
may receive.
Page 38 of 176
a) Lands in all residential zoning districts and residential
components of planned unit DEVELOPMENT zoning
districts are eligible to receive residential DEVELOPMENT
units provided that the maximum number of residential
units which may be transferred to the receiving land does
not exceed ten percent of the maximum number of
residential units permitted under the receiving property's
basic zoning di~~rict. For the purpose of determining the
number of residential units which a PARCEL of land is
capable of receiving, the following formulas shall apply:
i) RSF-1 through RSF-5 districts, up to and
including five units per acre:
Units per base DENSITY X 10% = .1 to .5
units per acre
ii) RMF-6 district, up to and including six units
per acre:
6 units X 10% = 0.6 units per acre I
,I
iii) RMF-12 district, seven to and including 12
units per acre:
12 units X 10% = 1.20 units per acre
iv) RMF-16 district:
16 units X 5% = 0.80 units per acre
v) RT district:
16 units X 5% = 0.80 units per acre
26 units X 5% = 1 .30 units per acre
vi) PUD district:
Residential tract units X 5% = permitted
units per acre
b) For the purpose of calculating the final fractional
residential unit of the total number of residential units
eligible for transfer to an eligible PARCEL of land, the
following shall apply: Any fractional residential unit shall
be converted upward if one-half or more of a whole unit,
or downward if less than one-half of a whole unit, to the
nearest whole unit value.
vii. PROCEDURE FOR OST AINING TRANSFER OF
RESIDENTIAL DEVELOPMENT RIGHTS. Any owner of eligible
land may apply for a transfer of DEVELOPMENT rights either
Page 39 of 176
~,~. _.--
separately or concurrently with rezoning, zoning ordinance
amendments, preliminary SUBDIVISION plat or
DEVELOPMENT plan. Prior to the approval of any transfer of
DEVELOPMENT rights or the issuance of any BUILDING
permits in connection with the use of any transfer of
DEVELOPMENT rights, the petitioner shall submit the following
information and data, as applicable to the petition, to the
DEVELOPMENT services director for his review and
subsequent action by the board of county commissioners
a) Name and address of property owner of sending land.
b) Name and address of property owner of receiving land.
c) Legal description of sending land from which transfer
of residential DEVELOPMENT rights is petitioned.
d) Survey of sending land from which transfer of
residential DEVELOPMENT rights is requested.
e) Legal description of receiving land which receives the
transfer of residential DEVELOPMENT rights.
f) Survey of the land which receives the transfer of
residential DEVELOPMENT rights.
g) Three copies of an executed deed of transfer of
ownership of the sending property to the county or a state
or federal agency; however, the lands may be dedicated
in fee simple to a private, not-for-profit conservation or
environmental organization in accordance with F.S. ~
704.06, as amended, with the approval of the board of
county commissioners in a form approved by the county
attorney.
h) The owner of the sending land shall provide a
guarantee, agreeable to and approved by ordinance of the
board of county commissioners, that the sending land will
be utilized only for the purposes of increasing public
recreational and/or educational opportunities, creation of
linkages between public or private OPEN SPACE,
protection of critical habitat/ecosystems, or other public
purpose as specified in the ordinance of adoption. Such a
guarantee shall be recorded with the clerk of the circuit
court of Collier County, Florida as a recorded restri,ction of
the use of such land and shall be binding upon all present
Page 40 of 176
and subsequent owners, heirs, or assigns of such
property. Such restrictions may not be amended, deleted,
or otherwise altered, except by a majority vote of the
BCC.
viii. TIME LIMITATIONS ON BOARD OF COUNTY
COMMISSIONERS' APPROVAL OF TRANSFER OF
RESIDENTIAL DEVELOPMENT R,IGHTS OR
AUTHORIZATION TO PROCEED WITH THE PROCESSING OF
A BUILDING CONSTRUCTION PERMIT. The 'board of county
commissioners' approval of a transfer of residential
DEVELOPMENT rights or the County Manager or his designee
authorization to proceed with the processing of a BUILDING or
construction permit shall be valid so long as such approval is
permitted by law. The failure to act on the part of the petitioner to
exercise the transfer of residential DEVELOPMENT rights or
obtain and exercise an authorized BUILDING or construction
permit within the time period provided by law shall automatically
terminate such approval and the county shall be held harmless
for any damages arising out of the petitioner's failure to act.
ix. SEQUENTIAL USE OF RESIDENTIAL UNITS APPROVED
FOR TRANSFER BY THE BOARD OF COUNTY
COMMISSIONERS. Upon the issuance of any permit for the
construction of residential unit(s} upon the receiving land, the first
residential units built thereon shall be considered to be the
residential units approved for transfer by the board of county
commissioners, and the succeeding residential units constructed
shall be considered the residential units permitted under the
basic zoning district regulations.
c. TOR CREDITS From RFMU SENDING LANDS: General
Provisions
i. CREATION OF TOR CREDITS.
a} TOR CREDITS are generated from RFMU
SENDING LANDS at a rate of 1 TDR CREDIT per 5 acres
of RFMU Sending Land or, for those legal non-conforming
LOTS or PARCELS of less than 5 acres that were in
existence as of June 22, 1999, at a rate of 1 TOR CREDIT
per legal non-conforming LOT or PARCEL.
b} For LOTS and PARCELS 5 acres or larger, the
number of TOR CREDITS generated shall be calculated
using the following formula:
Page 41 of 176
--.. --
# of acres x 0.2 = # of TOR CREDITS generated.
Where the number of TOR CREDITS thus calculated is a
fractional number, the number of TOR CREDITS created
shall be rounded to the nearest 1/1 OOth.
ii. RECEIPT OF TOR CREDITS FROM RFMU SENDING
LANDS. TOR CREDITS from RFMU SENDING LANDS may be
transferred into Urban Areas, the Urban Residential Fringe, and
RFMU RECEIVING LANDS, as provided in Sections 2.03.07.
(4){d) and (e) below.
iii. PROHIBITION ON TRANSFER OF FRACTIONAL TORS.
While fractional TOR CREDITS may be created, as provided in
(i) above, TOR CREDITS may only be transferred from RFMU
SENDING LANDS in increments of whole, not fractional,
DWELLING UNITS. Consequently, fractional TOR CREDITS
must be aggregated to form whole units, before they can be
utilized to increase DENSITY in either non-RFMU Receiving
Areas or RFMU RECEIVING LANDS. ,
iv. PROHIBITION ON TRANSFER OF DEVELOPMENT
RIGHTS.
a) TOR CREDITS shall not be transferred from RFMU
SENDING LANDS where a conservation easement or
other similar DEVELOPMENT restriction prohibits the
residential DEVELOPMENT of such property.
b) TOR CREDITS shall not be transferred from RFMU
SENDING LANDS that were cleared for agricultural
operations after June 19, 2002, for a period of twenty-five
(25) years after such clearing occurs.
d. TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING
LANDS TO NON-RFMU RECEIVING AREAS.
i. TRANSFERS TO URBAN AREAS.
a) Maximum DENSITY increase. In order to
encourage residential in-fill in urban areas of existing
DEVELOPMENT outside of the Coastal High Hazard
Area, a maximum of 3 residential DWELLING UNITS per
gross acre may be requested through a rezone petition for
projects qualifying under this residential infill provisions of
Page 42 of 176
I
the Future Land Use Element DENSITY Rating System,
subject to the appli'cable provisions of Chapters 2 and 9 of
this Code, and the following conditions:
i) The project is 20 acres or less in size;.
ii) At time of DEVELOPMENT , the project will
be served by central public water and sewer;
iii) The property in question has no common
site DEVELOPMENT plan in common with
ADJACENT property;
iv) There is no common ownership with any
ADJACENT PARCELS; and
v) The PARCEL in question was not created to
take advantage of the in-fill RESIDENTIAL
DENSITY bonus and was created prior to the
adoption of this provision in the Growth
Management Plan on January 10, 1989.
vi) Of the maximum 3 additional units, one (1)
dwelling unit per acre shall be transferred from
RFMU SENDING LANDS at Site Plan or Plat
Approval.
b) DEVELOPMENT s which meet the residential infill
conditions i) through v) above may increase the base
DENSITY administratively through a Site
DEVELOPMENT Plan or Plat approval by a maximum of
one dwelling unit per acre by transferring that additional
DENSITY from RFMU DISTRICT Sending Lands.
ii. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE.
TOR CREDITS may be transferred from RFMU SENDING
LANDS located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe at a rate of 1.0 DWELLING
UNITS per acre, allowing for a DENSITY increase from the
existing allowable base DENSITY of 1.5 DWELLING UNITS per
acre to 2.5 dwelling unit per gross acre.
e. TRANSFERS FROM RFMU SENDING LANDS TO RFMU
RECEIVING LANDS.
Page 43 of 176
<-~- ....~""
i. MAXIMUM DENSITY ON RFMU RECEIVING LANDS
WHEN TOR CREDITS ARE TRANSFERRED FROM RFMU
SENDING LANDS.
a} The base RESIDENTIAL DENSITY allowable shall
be as provided in sections 2.03.08 A.2.a.(2)(a} and
2.03.08 A.2.b.(3)(a}.
'..
b} The DENSITY achievable through the transfer of
TOR CREDITS into RFMU RECEIVING LANDS shall be
as provided for in section 2.03.08 (A}(2}(a)(2}(b)(i) outside
of RURAL VILLAGES and sections 2.03.08
(A}(2)(b}(3}(b) and 2.03.08 (A)(2}(b}(3)(c)(i) inside of
RURAL VILLAGES.
ii. REMAINDER USES AFTER TOR CREDITS ' ARE
TRANSFERRED FROM RFMU SENDING LANDS. Where
DEVELOPMENT rights have been transferred from RFMU
DISTRICT Sending Lands, such lands may be retained in p~vate
ownership and may be used as set forth in section 2.03.08 ~.4.b.
\
f. PROCEDURES APPLICABLE TO THE TRANSFER OF TOR
CREDITS FROM RFMU SENDING LANDS.
i. GENERAL. The transfer of TOR CREDITS from RFMU
SENDING LANDS does not require the approval of the County.
However, those DEVELOPMENT s that utilize such TOR
CREDITS are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those
applicable to site DEVELOPMENT plans, plat approvals, PUDs,
and ORIs.
ii. COUNTY-MAINTAINED CENTRAL TOR REGISTRY. In
order to facilitate the County's monitoring and regulation of the
TOR Program, the County shall serve as the central registry of all
TOR CREDIT purchases, sales, and transfers, as well as a
central listing of TOR CREDITS available for sale and
purchasers seeking TOR CREDITS. No TOR CREDIT
generated from RFMU SENDING LANDS may be utilized to
increase DENSITY in any area unless the following procedures
are complied with in full.
a} TOR CREDITS shall not be used to increase
DENSITY in either non-RFMU Receiving Areas or RFMU
RECEIVING LANDS until severed from RFMU SENDING
LANDS. TOR CREDITS shall be deemed to be severed
Page 44 of 176
from RFMU SENDING LANDS at such time as a TOR
CREDIT Certificate is obtained from the County and
recorded. TOR CREDIT Certificates shall be issued only
by the County and upon submission of the following:
i) a legal description of the property from
which the RFMU TOR CREDITS originated,
including the total acreage;
ii) a title search, or other evidence, establishing
that prior to the severance of the TOR CREDITS
from the RFMU SENDING LANDS, such Sending
Lands were not subject to a conservation restriction
or other DEVELOPMENT restriction that prohibited
residential DEVELOPMENT;
iii) a legal instrument, prepared in accord with
the form provided by the County, that limits the
allowable uses on the property after the severance
of TOR CREDITS as set forth in section 2.03.08
A.4.b.; and
iv) a statement identifying the price, or value of
other remuneration, paid to the owner of the RFMU
SENDING LANDS from which the TOR CREDITS
were generated and that the value of any such
remuneration is at least $25,000 per TOR CREDIT,
unless such owner retains ownership of the TOR
CREDITS after they are severed, unless the RFMU
or non-RFMU RECEIVING LANDS on which the
TOR CREDITS will be utilized and the RFMU
SENDING LANDS from which the TOR CREDITS
were generated are owned by the same persons or
entities or affiliated persons or entities; and
v) a statement attesting that the TOR
CREDITS are not being severed from RFMU
SENDING LANDS in violation of section 2.03.07
(D)(4)(c)(iv)(b) of this Code.
b) A PUD or DRI utilizing TOR CREDITS may be
conditionally approved, but no subsequent application for
site DEVELOPMENT plan or SUBDIVISION plat within
the PUD or DRI shall be approved, until the developer
submits the following:
i) documentation that the developer has
acquired all TOR CREDITS needed for that portion
Page 45 of 176
--,
of the DEVELOPMENT that is the subject of the
site DEVELOPMENT plan or SUBDIVISION plat;
and
ii) a TOR transaction fee sufficient to defray the
expenses of the County in administering the
Central TOR Registry.
c) The develC?per shall provide documentation of the
acquisition of full ownership and control of all TOR
CREDITS needed for the DEVELOPMENT and of
recordation of the TOR CREDIT Certificates for all such
TOR CREDITS prior to the approval of any site
DEVELOPMENT plan, SUBDIVISION plat, or other final
local DEVELOPMENT order, other than a PUO or DR/.
d) Each TOR CREDIT shall have an individual, and
distinct tracking number, which shall be identified Of! the
TOR Certificate that reflects the severance of the TOR
CREDIT from RFMU Sending Land. The County TOR
Registry shall maintain a record of all TOR CREDITS, to
include a designation of those that have been expended.
g. PROPORTIONAL UTILIZATION OF TOR CREDITS. upon! the
issuance of approval of a site DEVELOPMENT plan or SUBDIVISION
plat that is part of a PUO or ORI, TOR CREDITS shall be deemed to be
expended at a rate proportional to percentage of the PUO or ORI's
approved gross DENSITY that is derived through TDR CREDITS. All
PUOs and ORis utilizing TOR CREDITS shall require that the rate of
TOR CREDIT consumption be reported through the monitoring
provisions of sections 10.02.12 and 10.02.07 (C)(1 )(b) of this Code.
S.ln accordance with ~ 380.05, F.S. and chapter 73-131 Laws of Florida,
the administrative commission instituted regulations for the Big
Cypress Area of Critical State Concern "ACSC". The purpose of these
regulations is to conserve and protect the natural, environmental, and
economic resources of the Big Cypress area. Furthermore, these
regulations are to provide a land and water management system that
will preserve water quality, provide for the optimum utilization of the
limited water resources of the area, facilitate orderly and well-planned
DEVELOPMENT, and protect the health, safety and welfare of
residents of the state. The Florida Administrative Code establishes
criteria for site alteration, drainage, transportation facilities and
STRUCTURE installation. These regulations are ,implemented through
the land DEVELOPMENT regulations as set forth in section 4.02.14.
An overlay zoning classification to be known as Area of Critical State
Concern/Special Treatment Overlay shall be designated on the Official
Zoning Atlas with symbol ACSC-ST.
Page 46 of 176
E. Historical and Archaeological Sites "H"
It is the intent of these regulations to recognize the importance and
significance of the County's historical and archaeological heritage. To that end,
it is the county's intent to protect, preserve, and perpetuate the County's
historic and archaeological sites, districts, STRUCTURES, BUilDINGS, and
properties. Further, the BCC, finds that these regulations are necessary to
protect the public interest, to halt illicit digging or excavation activities which
could result in the destruction of prehistoric and historic archaeological sites,
and to regulate the use of land in a manner which affords the maximum
protection to historical and archaeological sites, districts, STRUCTURES,
BUilDINGS, and properties consistent with individual property rights. It is not
the intent of this lOC to deny anyone the use of his property, but rather to
regulate the use of such property in a manner which will ensure, to the
greatest degree possible, that historic and archaeological sites, districts,
STRUCTURES, BUilDINGS, and properties are protected from damage,
destruction, relocations, or exportations. Areas for consideration for inclusion
in areas of historical/archaeological probability shall have one (1) or more of
the following characteristics:
1. The area is associated with distinctive elements of the cultural, social,
ethnic, political, economic, scientific, religious, prehistoric,! or
architectural history that have contributed to the pattern of history in the
community, the County, the State of Florida, or the nation; or
2. The area is associated with the lives of persons significant in history; or
3. The area embodies the distinctive characteristics of a type, period,
method, or materials of construction that possess high artistic value,
quality of design craftsmanship, or that represent an individual architect
or builders prominence or contribution to the DEVELOPMENT of the
County, the State of Florida, or the nation; or
4. The area was the location of historic or prehistoric activities including,
but not limited to, habitation, religious, ceremonial, burial, or fortification
during a particular period of time, which may maintain a sufficient
degree of environmental integrity to reflect a significant aspect of the
relationship of the site's original occupants to the environment; or
5. The area is historic or prehistoric site which has been severely
disturbed but which may still allow useful and representative data to be
recovered; or
6. The area has yielded or is likely to yield information on local history or
prehistory; or
7. The area derives its primary significance from architectural or artistic
distinction of historical importance; or
8. The area is the birthplace or grave of historical figure or is a cemetery
which derives its primary significance from graves of persons of
Page 47 of 176
..-.- 0__
importance, from age, from distinctive design features, or from
association with historic events; or
9. The area is the site of a BUILDING or STRUCTURE removed from its
original location which is significant for its architectural value, or is the
sole surviving STRUCTURE associated with historic period, person, or
event; or
10. The area is a property primarily commemorative in intent, where
design, age, tradition, or symbolic value has invested it with its own
historical significance; or '..
11. The area is an area containing known archaeological sites that have
not been assessed for significance but are likely to conform to the
criteria for historical/archaeological significance or areas where there is
a high likelihood that unrecorded sites of potential
historical/archaeological significance are present based on prehistoric
settlement patterns and existing topographic features; or
12. The area is included in the National Register of Historic Places.
F. Golden Gate Parkway Professional Office Commercial Overlay
"GGPPOCO"
1. The provisions of the "GGPPOCO" district are intended to provide
Golden Gate City with a viable professional office commercial district.
The professional office commercial district has two (2) purposes. (1), to
serve as a bonafide entry way into Golden Gate City. (2), to provide a
community focal point and sense of place. The uses permitted within
this district are generally low intensity, office DEVELOPMENT which
minimize vehicular traffic, provide suitable landscaping, control ingress
and egress, and ensure COMPATIBILITY with ABUTTING residential
districts.
2. These regulations apply to properties north and south of Golden Gate
Parkway, starting at Santa Barbara Boulevard and extending eastward
to 52nd Terrace S.W. in Golden Gate City as measured
perpendicularly from the ABUTTING RIGHT-Of-WAY for a distance of
approximately 3,600 feet more or less and consisting of approximately
20.84 acres. These properties are identified on Map two (2) of the
Golden Gate Area Master Plan. Except as provided in this regulation,
all other use, dimensional, and DEVELOPMENT requirements shall be
as required in the underlying zoning categories.
G. Immokalee Overlay.
To create the Immokalee Overlay District with distinct subdistricts for the
purpose of establishing DEVELOPMENT criteria suitable for the unique land
use needs of the Immokalee Community. The boundaries of the Immokalee
Overlay District are delineated on Map 1 below.
Page 48 of 176
IMMOKAlEE OVeRLAY DISTRICT
-.-.. -
.
.+.
.
,.---,- . I' . 1
. - tift ...
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ct:=.~w... -
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....... ........ -
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....... ..~"".
! :':'1~~..... -
.
~~.;:==:!.~~!:.~
Immokalee overlay district - Map 1
1. State Road 29 Commercial Overlay Subdistrict: Special conditions for
the properties ABUTTING SR-29, as identified in the Immokalee Area
Master Plan; referenced on Map 2; and further identified by the
designation ISR29COSD" on the applicable official Collier County
Zoning Atlas Maps. The purpose of this designation is to provide for
retail, office, transient lodging facilities, and highway commercial uses
that serve the needs of the traveling public. These commercial uses
must be located on a major arterial or COLLECTOR ROADWAY. The
provisions of this subdistrict are intended to provide an increased
commercial depth along SR-29 with DEVELOPMENT standards that
will ensure coordinated ACCESS and appropriate landscaping and
BUFFERING compatible with nearby residential properties.
Page 49 of 176
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Immokalee overlay district - Map 2
2. Jefferson A venue Commercial Overlay Subdistrict: Special conditions
for the properties ABUTTING Jefferson Avenue as identified in the
Immokalee Area Master Plan; referenced on Map 3; and further
identified by the designation "JACOSD" on the applicable official Collier
County Zoning Atlas Maps. The purpose of this designation is to
provide for retail, office, transient lodging facilities and highway
commercial uses that serve the needs of the traveling public. These
commercial uses must be located on a major arterial or COLLECTOR
Page 50 of 176
ROADWAY. The provisions of this subdistrict are intended to provide
an increased commercial opportunity along Jefferson Avenue with
DEVELOPMENT standards that will ensure coordinated ACCESS and
appropriate landscaping and BUFFERING to be compatible with
nearby residential properties.
,- .
.JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT '.JACOSO.
.+-.
.I-
-=A1"hI "'~It$ON ...w:...c
::a-=-~, -= ===-~.::.___ 'Ol/I:".y 1IUIIUISftlltCT (MoCOID)
, >>- ,
.a:H'UISCN A\IVNC COYNCItO-. ~LAY .....STWIC'I' (~)
Jefferson Avenue Commercial Overlay - Map 3
3. Farm Market Overlay Subdistrict: Special conditions for the properties
identified on Map 4; and further identified by the designation "FMOSD"
Page 51 elf 176
.._~~-_.- ,--
on the applicable official Collier County Zoning Atlas Maps. The
purpose of this designation is to provide for wholesale and retail uses,
outdoor AGRICULTURAL PRODUCT displays and sales areas, truck
parking, and packing houses and associated uses. The provisions of
this subdistrict are intended to provide retail and wholesale
opportunities for agricultural businesses as well as provide truck
parking for agricultural sales but not within roadways and rights-of-way.
The DEVELOPMENT standards contained herein have been designed
to enhance and encourage DEVELOPMENT and redevelopment.
I
I
-
Page 52 of 176
Map 4
FARM MARKET OVERLAY SUB-D18TRICT CFMOBD'
I ',.
I
II
II~
11& NlICA1U 'MY WMICCf OVERLAy --IlISTlKT L I .- .It
,,.. WNUCET CM:Rl..A't sue-c.nacT (f\l0ID.
Page 53 of 176
,--*_.. ..- -~-,
~- -.-,._....-._.-.."~_._-_.._<----
Farm Market Overlay Sub-District - Map 4
4. Agribusiness Overlay Subdistrict. Special conditions for the properties
identified on Map 5; and further identified by the designation "AOSD"
on the applicable official Collier County Zoning Atlas Maps. The
purpose of this designation is to provide for wholesale uses and
agricultural packing houses and associated uses. The provisions of this
subdistrict are intended to provide additional lands, for agricultural
related businesses and expansion opportunities for existing
agribusiness. The DEVELOPMENT standards contained herein have
been designed to permit consistent land uses within the AOSD
boundary.
!
-
Page 54 of 176
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
'-'--'
m
----
lNOlCA1ES AGRIBUSINESS O'v'ER1.AY SUB-OISlRICT J. I I I
__ lilt ...... _..... ........ . - ..
........... ...... .. ---- ............
AGRIBUSINESS OVERLAY SUB-DISTRICT AOSO
Page 55 of 176
..--.---- "-'-"-'..
5. Main STREET Overlay Subdistrict. Special conditions for the
properties identified in the Immokalee Area Master Plan; referenced on
Map 7; and further identified by the designation "MSOSD" on the
applicable official Collier County Zoning Atlas Maps. The purpose of
this designation is to encourage DEVELOPMENT and redevelopment
by enhancing and beautifying the downtown Main STREET area
through flexible design and DEVELOPMENT standards.
MAIN STREET OVERlAY SUBDISTRICT
.
L.-
....
~..
: mJ
LL -'
-'L' _
I
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---
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....
- -
Map 7 Main STREET Overlay Subdistrict
6. NONCONFORMING MOBILE HOME PARK Overlay Subdistrict. The
purpose of these provisions is to recogn ize that there are
NONCONFORMING MOBILE HOME PARKS in the Immokalee Urban
Area, to provide incentives to upgrade these parks while requiring the
elimination of substandard units, and to allow park owners to take
Page 56 of 176
"
advantage of alternative DEVELOPMENT standards in order to cause
some upgrading of conditions that would normally be required of
conforming MOBILE HOME PARKS. Travel trailers, regardless of the
square footage, are not permitted as a permanent habitable
STRUCTURE.
H. Santa Barbara Commercial Overlay District "SBCO".
Special conditions for properties ABUTTING the east side of. Santa Barbara
Boulevard, as referenced in the Santa Barbara Commercial Subdistrict Map
(Map 7) of the Golden Gate Area Master Plan. This is referenced as figure
2.03.07 H. below.
Page 57 of 176
_._,,, -"-'-_.,_.~-
MAP 7
SANTA BARBARA COMMERCIAL SUBDISTRICT
COLLIER COUNTY. FLORIDA
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115 . . ~
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LEGEND
. SANf'A BARBARA
COMMERCIAL
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECnON !tOlL SUBDISTRICT
COllllUN'TY DE'lELOPlIENT AND ENVlRONlIENTAL SERVICES DIVISION I I I I
nLE: GGlIP-J9.DWG DA TE: 8(98 0 -.- ~
Figure 2.03.07 H.
Page 58 of 176
1. The purpose and intent of this district is to provide Golden Gate City
with additional opportunities for small scale commercial
DEVELOPMENT to serve the surrounding neighborhoods and those
traveling nearby. This district is intended to: contain low intensity uses
which generate/attract relatively low traffic volumes; be appropriately
landscaped and BUFFERED to protect nearby residential areas; be
architecturally designed so as to be compatible with nearby residential
areas; and limit ACCESS,to promote public safety and lessen
interruptions to traffic flow on Santa Barbara Boulevard.
2. Aggregation of LOTS is strongly encouraged so as to allow greater
flexibility in site design and ease in compliance with parking
requirements and other DEVELOPMENT standards.
3. In order to reduce the potential conflicts that may result from residential
and commercial uses being located in this district, existing residential
uses, other than owner-occupied DWELLINGS, are required to cease
to exist within a specified time period. This does not require the
removal of the residential STRUCTURES if they can be, and are,
converted to uses permitted in this district.
4. These regulations apply to properties ABUTTING the east side of
Santa Barbara Boulevard, lying north of 27th Court S.W. and south of
22nd Place S.W., all in Golden Gate City, and consisting of
approximately eleven (11) acres. These properties are identified on
Map 7 of the Golden Gate Area Master Plan. Except as provided in this
regulation, all other use, dimensional, and DEVELOPMENT
requirements shall be as required or allowed in the underlying zoning
categories.
5. SIDEWALKS. Projects shall provide SIDEWALKS so as to encourage
pedestrian and bicycle traffic. ADJAC~NT projects shall coordinate the
location and intersection of SIDEWALKS.
I. Bayshore Drive Mixed Use Overlay District
Special conditions for the properties ADJACENT to Bayshore Drive as
referenced on BMUD Map 1; and further identified by the designation "BMUD"
on the applicable official Collier County Zoning Atlas Map or map
series.
Page 59 of 176
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Page 60 of 176
1. The purpose and intent of this district is to encourage revitalization
along the Bayshore Drive corridor by providing opportunities for small-
scale mixed use DEVELOPMENT. This district is intended to: revitalize
the commercial and residential DEVELOPMENT along this corridor;
enhance the waterfront; encourage on-STREET parking and shared
parking facilities and provide appropriate landscaping and
BUFFERING between the various types of uses; and protect and
enhance the nearby single-family residential units. The types of uses
permitted are low intensity retail, office, personal service and
residential uses.
2. These regulations shall apply to the Bayshore Drive Mixed Use Overlay
district as identified on BMUD Map 1 and further identified by the
designation "BMUD" on the applicable official Collier County Zoning
Atlas Maps. Except as provided in this section of the LDC, all other
uses, dimensional and DEVELOPMENT requirements shall be as
required in the applicable underlying zoning category.
3. Garages and DRIVEWAYS.
a. The rear SETBACK may be reduced to ten feet if a front-access
garage is constructed on the rear of the residence.
b. The maximum width of garage doors is 16 feet.
c. Only one DRIVEWAY is allowed per 50 linear feet of front property
line. The maximum width of the DRIVEWAY at the RIGHT-OF-WAY
line is 18 feet.
d. Other than the permitted DRIVEWAY, the FRONT YARD may not
be paved or otherwise used to accommodate parking.
e. Garages must be recessed a minimum of three feet behind the front
FACADE of the primary residence.
f. No carports are permitted.
g. The distance from the back of the SIDEWALK to the garage door
must be at least 23 feet to allow room to park a vehicle on the
DRIVEW A Y without parking over the SIDEWALK. Should the garage
be side-loaded there must be at least a 23-foot paved area on a
perpendicular plane to the garage door or plans must ensure that
parked vehicles will not interfere with pedestrian traffic.
4. Neighborhood Commercial Subdistrict. The purpose and intent of this
subdistrict is to encourage a mix of low intensity commercial uses and
Page 61 of 176
'..---
residential uses. DEVELOPMENTS will be small-scale and pedestrian-
oriented.
5. Waterfront Subdistrict. The purpose of this subdistrict is to allow
maximum use of the waterfront for entertainment while enhancing the
area for use by the general public. DEVELOPMENT standards for the
district are the same as those set forth for the Neighborhood
Commercial subdistrict, unless set forth below. DEVELOPMENT in this
subdistrict is encouraged to be a mix of RESTAURANT and retail uses
while allowing for limited MA~INA uses.
6. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to
encourage the DEVELOPMENT of multifamily residences as a
transitional use between commercial and single-family
DEVELOPMENT. The multifamily BUILDINGS shall be compatible with
the BUILDING pattems and FACADE articulation of traditional
neighborhood design. The intent is to create a row of residential units
with uniform FRONT YARD SETBACKS and ACCESS to the
STREET.
7. Residential subdistrict 2 (R2). The purpose of this subdistrict is to
encourage the DEVELOPMENT of multi-family residences as
transitional uses between commercial and single-family
DEVELOPMENT . The multi-family BUILDINGS shall be compatible
with the BUILDING patterns and FACADE articulation of traditional
neighborhood design.
8. Residential Subdistrict 3 (R3). The purpose of this district is to allow
the DEVELOPMENT of MOBILE HOME, modular home,
TOWNHOUSES and single-family residences. All new
DEVELOPMENT in this subdistrict shall be compatible with the
BUILDING patterns and fac;ade articulation of traditional neighborhood
design. The intent is to create a row of residential units with consistent
FRONT YARD set backs and access to the STREET.
a. Minimum LOT width:
Single-family: 40 feet.
Modular homes: 40 feet.
TOWNHOUSES: 25 feet.
MOBILE HOMES: 40 feet.
b. YARD requirements. The following YARD requirements are in
relation to the platted property boundaries.
Front Yard At Min. Side Yard Min. Rear Yard
Page 62 of 176
One (Single) Family 1 0 feet 5 feet 8 feet
Dwellina Units
10 feet 5 feet 8 feet
Modular Dwelling
Units
o feet when
Townhouse ABUTTING
10 feet another 8 feet
townhouse, if
not then 5 feet.
Mobile Homes 10 feet 5 feet 8 feet
9. Residential Neighborhood Commercial Subdistrict "RNC". The purpose
and intent of this subdistrict is to allow limited home occupational
businesses. '
J. Goodland Zoning Overlay "GZO"
To create design guidelines and DEVELOPMENT standards that will assure
the orderly and appropriate DEVELOPMENT in the unincorporated area
generally known as Goodland. The Goodland Zoning Overlay district (GZO) is
intended to provide regulation and direction under which the growth and
DEVELOPMENT of Goodland can occur with assurance that the tropical
fishing village and small town environment of Goodland is protected and
preserved, and that DEVELOPMENT and/or redevelopment reflect the unique
residential and commercial characteristics of the community. The boundaries
of the Goodland Zoning Overlay district are delineated on Map 1 below.
Page 63 of 176
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GOODLAND ZONING OVERLAY BOUNDARY
GZO - Map 1
1. Permitted uses. The following uses are permitted as of right in this
subdistrict:
Reserved.
Page 64 of 176
2. CONDITIONAL USES. The following uses are permitted as
CONDITIONAL USES in this subdistrict:
a. Clam nursery, subject to the following restrictions:
1) A "clam nursery" is defined as the growing of clams on
a "raceway" or ,'~Iow-through saltwater system" on the
shore of a LOT until the clam reaches a size of
approximately one-half inch.
2) For the purposes of this section, a "raceway" or ''flow-
through salt water system" is defined as a piece of
plywood or similar material fashioned as a table-like flow
through system designed to facilitate the growth of clams.
3) At no time may a nursery owner operate a raceway or
raceways that exceed a total of 800 square feet of surface
area.
I
I'
4) The nursery must meet the requirements of a "mir[limal
impact AQUACULTURE facility" as defined by the
Department of Agriculture.
5) The nursery must not be operated on a vacant LOT,
unless both of the following requirements are met:
i. The vacant LOT is owned by the same individual
who owns a LOT with a residence or habitable
STRUCTURE immediately ADJACENT to the
vacant LOT; and
ii. The vacant LOT must not be leased to another
individual for purposes of operating a clam farm
within the RSF-4 and VR zoning districts.
6) At no time will a nursery owner be allowed to feed the
clams, as the clams will be sustained from nutrients
occurring naturally in the water.
7) Only the property owner or individual in control of the
property will be allowed to operate a raceway on the shore
off his property within the VR and RSF-4 zoning districts.
In other words, a landowner must not lease his property to
another individual to use for purposes of operating a clam
nursery.
Page 65 of 176
-"'. _._'< -,---
8) Any pump or filtration system used in conjunction with
the nursery must meet all applicable County noise
ordinances and must not be more obtrusive than the
average system used for a non-commercial pool or shrimp
tank
3. Parking/storage of major recreational equipment, personal vehicles,
and certain commercial vehicles.
a. Within the VR and RSF-4 zoning districts, except for
specifically designated travel trailer SUBDIVISIONS, boats,
trailers, RECREATIONAL VEHICLES and other recreational
equipment may be stored if! any YARD subject to the following
conditions.
1) Recreational equipment must not be used for living,
sleeping, or housekeeping purposes when parked or
stored.
2) RECREATIONAL VEHICLES or equipment must not
exceed 35 feet in length.
3) RECREATIONAL VEHICLES or equipment must not
be parked, stored or encroach in any county RIGHT-OF-
WAY easement.
4) RECREATIONAL VEHICLES or equipment that
exceed 35 feet in length will be subject to the provisions of
section 5.03.06 of this Code.
b. Personal vehicles may be parked in drainage swales in the
VR and RSF-4 zoning districts subject to the following conditions.
1) No vehicle shall block or impede traffic.
c. Commercial vehicles 35 feet in length or less will be allowed
to park at the owner's home and in the drainage swale subject to
the following conditions:
1) No vehicle shall block or impede traffic;
2) Drainage must not be blocked or impeded in any way
as a result of the parking in the swales;
3) Parking will only be permitted in DRIVEWAYS and not
in YARD areas; and
Page 66 of 176
4) No more than two commercial vehicles may be parked
at one residence/site, unless one or more of the vehicles
is engaged in a construction or service operation on the
residence/site where it is parked. The vehicle engaged in
this service must be removed as soon as the construction
or service is completed. For purposes of this subsection
only, a commercial vehicle is defined as a van, pickup
truck, or passeng~r car used for commercial purposes and
licensed by the Department of Transportation. A vehicle
is not considered a commercial vehicle. merely by the
display of a business name or other insignia. No other
commercial vehicle, such as dump trucks, cement trucks,
forklifts or other equipment used in the construction
industry will be allowed to park at a residence or site
overnight unless specifically approved by the County
Manager or his designee.
4. Storage Sheds.
PARCELS located off of Bayshore Drive are allowed to retain, any
sheds that were constructed prior to the effective date of the Cpde.
Storage sheds for fishing and boat equipment on the boat DOCK
PARCELS off of Bayshore Drive constructed after the effective date of
the Code are permissible if they comply with the following requirements:
a. The appropriate BUILDING permit must be obtained.
b. Bayshore drive SETBACK: ten feet.
c. Waterfront SETBACK: ten feet.
d. Side YARD SETBACK: 0 feet.
e. Maximum size of shed: 144 square feet.
5. SIGN requirements. All SIGNS existing as of the effective date of
this ordinance in Goodland are exempt from the requirements of the
Collier County SIGN ordinance (section 5.06.00) for five years from the
effective date of this ordinance or until the SIGN is destroyed,
whichever comes first. Any SIGNS constructed after the effective date
of the ordinance must strictly comply with section 5.06.00. SIGN
maintenance is limited to painting existing SIGNS. All other
maintenance or repairs will void the exemption and require the owner to
construct a SIGN that strictly adheres to section 5.06.00 in the event
that the owner wishes to have a SIGN.
K. Activity Center #9 Overlay.
The purpose of this designation is to create an enhanced entryway into the
Naples urban area through appropriate, unified design elements and
Page 67 of 176
---------------.- -. -..-
standards; the implementation of which will result in an attractive, positive
image as outlined in the vision statement of the Activity Center #9 Interchange
Master Plan. These regulations apply to the following properties within Activity
Center #9 as identified in the Interchange Master Plan Land Use Map:
1. All BUILDINGS and projects that are subject to the requirements of
section 5.05.08 of this LOC.
2. Nonresidential land uses ABUTTING any public STREET except
industrial BUILDINGS internal to industrial PUD zoned project, that are
located no less than 200 feet from the public STREET.
L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO)
1. Purpose and intent. The purpose and intent of this district is to
encourage DEVELOPMENT and reDEVELOPMENT of the Vanderbilt
Beach area to be sensitive to the scale, COMPATIBILITY and sense of
place that exists in the Vanderbilt Beach area. This district is intended to:
establish DEVELOPMENT standards which will protect view corridors, light
and air movements between the Gulf of Mexico and the Vanderbilt Lagoon
and prevent the creation of a canyon-like effect on each side of the narrow
Gulfshore Drive.
2. Applicability. These regulations shall apply to the Vanderbilt Beach
Residential Tourist Overlay District as identified on VBRTO Map VBRTO-1
and further identified by the designation "VBRTO" on the applicable official
Collier County zoning atlas maps. Except as provided in this section of the
code, all other uses, dimensional and DEVELOPMENT requirements shall
be as required or allowed in the applicable underlying zoning district.
3. Geographic boundaries: The boundaries of the Vanderbilt Beach
Residential Tourist Overlay District are delineated on Map VBRTO-1 below.
Page 68 of 176
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VBRTO-1
4. Figures. The figures (1-4) used in this section are solely intended to
provide a graphic example of conditions that will protect view corridors,
light and air movements between the Gulf of Mexico and the Vanderbilt
Lagoon and not as requirements for the style of specific projects.
Variations from these figures, which nonetheless adhere to the provisions
of this section, are permitted. The Community Character Plan For Collier
County, Florida (April 2001) should be referenced as a guide for future
DEVELOPMENT and reDEVELOPMENT in the overlay district.
5. DEVELOPMENT criteria. The following standards shall apply to all
uses in this overlay district.
a. Permitted uses.
i. HOTELS and MOTELS.
ii. Multiple-family dwellings.
Page 69 of 176
--" -"-
iii. Family care facilities, subject to section 5.05.04.
iv. Timeshare facilities.
b. Uses accessory to permitted uses.
i. Uses and STRUCTURES that are accessory and incidental to
the uses permitted as of right in the Vanderbilt Beach Residential
Tourist Overlay District (VBRTO).
ii. Shops, personal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities, and
meeting rooms and auditoriums where such uses are an integral
part of a HOTEL or a MOTEL and to be used by the patrons of
the HOTEL/MOTEL.
iii. Private DOCKS and BOATHOUSEs. subject to sections
5.03.06 and 5.05.02.
iv. Recreational facilities that serve as an integral part of the
permitted use designated on a site DEVELOPMENT plan or
preliminary SUBDIVISION plat that has been previously
reviewed and approved which may include, but are not limited to:
golf course clubhouse, community center BUILDING and tennis
facilities, parks, playgrounds and playfields.
c. CONDITIONAL USES. The following uses are permitted as
CONDITIONAL USES in the Vanderbilt Beach Residential Tourist
Overlay District (VBRTO), subject to the standards and procedures
established in section 10.08.00:
i. CHURCHES and other places of worship.
ii. MARINAS, subject to section 5.05.02.
iii. Noncommercial boat launching facilities, subject to the
applicable review criteria set forth in section 5.03.06.
iv. Group care facilities (category I and II); care units; nursing
homes; assisted living facilities pursuant to ~ 400.402 F.S. and
ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to ~ 651 F.S. and ch. 4-193 F.A.C.; all subject to
section 5.05.04.
v. Private clubs.
Page 70 of 176
vi. Yacht clubs.
6. Dimensional standards. The following dimensional standards shall
apply to all PERMITTED, ACCESSORY, AND CONDITIONAL USES in
the Vanderbilt Beach Residential Tourist Overlay District (VBRTO).'
a. Minimum LOT area. One contiguous acre, not bisected by a
public RIGHT-OF-WAY,
b. Minimum LOT width. 150 feet.
c. Minimum YARD requirements.
i. FRONT YARD: one-half the BUILDING height with a
minimum of 30 feet.
ii. Side YARDS: one-half the BUILDING height with a
minimum of 15 feet.
iii. Rear YARD: one-half the BUILDING height with a
minimum of 30 feet.
d. Maximum height: 75 feet. The height of the BUILDING will be
measured according to the standards in section 1.08.00 of the Code:
BUILDING, ACTUAL HEIGHT OF and BUILDING, ZONED HEIGHT
OF.
e. Maximum DENSITY permitted. A maximum of 26 units per acre
for HOTELS and MOTELS, and 16 units per acre for timeshares,
multifamily, family care facilities.
f. Distance between STRUCTURES. The minimum horizontal
distance separation between any two PRINCIPAL BUILDINGS on the
same PARCEL of land may not be less than a distance equal to 15 feet
or one-half of the sum of their heights, whichever is greater. For
ACCESSORY BUILDINGS AND STRUCTURES dimensional criteria,
see section 4.02.01 .
g. FLOOR AREA requirements.
i. Three hundred (300) square foot minimum with a five hundred
(500) square foot maximum for HOTELS and MOTELS, except
that twenty percent (20%) of the total units may exceed the
maximum.
Page 71 of 176
-,~._,.,
ii. Timeshare/multifamily minimum area: efficiency (450 square
feet), one bedroom (600 square feet), and two or more bedrooms
(750 square feet).
h. Maximum LOT area coverage. (Reserved.)
7. Preservation of view corridors, light and air movements between
the Gulf of Mexico and the Vanderbilt Lagoon.
a. Figures 1 - 4, while not' requirements, depict desired BUILDING
relationships and view plane/angle of vision examples. Figures used in
this section are solely intended to provide a graphic example of
conditions that will protect view corridors, light and air movements
between the Gulf of Mexico and the Vanderbilt Lagoon and not as
requirements for the style of specific projects. Variations from these
figures, which nonetheless adhere to the provisions of this section, are
permitted.
8. Off-STREET parking and off-STREET loading. As required in Chapter
4 of this code.
9. Landscaping requirements. As required in Chapter 4 of this code.
10. SIGNS. As required in section 5.06.00 of this code.
11. Coastal Construction Setback Lines (CCSL). As required in Chapter
10 of this code.
12. Post-Disaster Recovery And Reconstruction Management. As required
in the Code of Laws of Collier County.
13. Vested Rights. All projects within the Overlay District for which
completed applications for rezoning, conditional use, variance,
SUBDIVISION, site DEVELOPMENT plan or plat approval were filed with
or approved by Collier County Prior to the adoption date of the moratorium
January 9, 2002, and subsequent amendments to LDC (moratorium
provisions have expired), shall be subject to the zoning regulations for this
Residential Tourist Zoning District in effect at the time the application was
deemed to be complete or at the time the application was approved and or
not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay
regulations. For purposes of this provision, the term "completed
application" shall mean any application which has been deemed sufficient
by planning services staff and has been assigned an application request
number.
Page 72 of 176
LOT AREA COVERAGE &
OPEN SPACE RELATIONSHIPS
..
.
DESIRABLE
.
UNDESIRABLE
FIGURE - 1
Page 73 of 176
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LOT AREA COVERAGE &
OPEN SPACE RELATIONSHIPS
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DESIRABLE
UNDESIRABLE
FIGURE - 2
Page 74 of 176
VIEW PLANE
V.P.
DESIRABLE
V.P. = VIEW PLANE OR ANGLE OF VISION
FIGURE - 3
Page 75 of 176
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VIEW PLANE
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V.P. = VIEW PLANE OR ANGLE OF VISION
FIGURE. 4
L. Restricted parking (RP) overlay district: restricting the parking of
Page 76 of 176
commercial and major recreational equipment.
1. Purpose and intent. It is the intent and purpose of the restricted
parking overlay district (RP) to allow residents within a
SUBDIVISION in Collier County to prescribe stricter regulations
governing the parking of commercial and/or major recreational
equipment than is provided under the minimum requirements set
forth in this zoning code.. This district is intended to apply as an
overlay district for areas or portions of areas which are zoned for
residential uses. The purpose of this section is to maintain the
appearance and quality of the residential use in the manner in which
it was originally platted, to reduce congestion, prevent overcrowding
and the blocking of views and the free flow of air currents, and to
maintain the lasting values and amenities of the neighborhood.
2. Establishment of zoning classification. A zoning overlay district, to
be known as the restricted parking overlay district, and to be
designated on the official zoning atlas by the symbol "RP" in
conjunction with the basic residential symbol, is hereby established.
3. Procedure for establishing district. Upon petition to the board of
county commissioners, signed by a minimum of 100 property
owners or 50 percent of the property owners. whichever is the
lesser, in the proposed district, platted SUBDIVISION, or a voting
precinct comprising a homogeneous zoning area, the board of
county commissioners may revise the boundaries of the district and
enact an implementing ordinance to become effective upon approval
by a majority of the qualified electors residing within the district
voting in the next general election held specifically for the
implementing ordinance. The election permits a choice by the
elector if in favor of or opposed to the regulations adopted by the
implementing ordinance.
2.03.08 Eastern Lands/Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU DISTRICT)
1. PURPOSE AND SCOPE. The purpose and intent of the RFMU DISTRICT
is to provide a transition between the Urban and Estates Designated lands and
between the Urban and Agricultural/Rural and Conservation designated lands
farther to the east. The RFMU DISTRICT employs a balanced approach,
including both regulations and incentives, to protect natural resources and
private property rights, providing for large areas of OPEN SPACE, and
allowing, in designated areas, appropriate types, DENSITY and intensity of
DEVELOPMENT . The RFMU DISTRICT allows for a mixture of urban and
rural levels of service, including limited extension of central water and sewer,
schools, recreational facilities, commercial uses and ESSENTIAL SERVICES
Page n of 176
deemed necessary to serve the residents of the RFMU DISTRICT. The
innovative planning and DEVELOPMENT techniques which are required
and/or encouraged within the RFMU DISTRICT were developed to preserve
existing natural resources, including habitat for listed species, to retain a rural,
pastoral, or park-like appearance from the major public rights-of-way, and to
protect private property rights.
a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In
order to implement the RFMU designation in the future land use
element (FLUE) of the GMP, the RFMU DISTRICT, to be designated as
"RFMUO" on the Official Zoning Atlas, is hereby established. The lands
included in the RFMU DISTRICT and to which this section 2.03.08
apply are depicted by the following map:
Page 78 of 176
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Page 79 of 176
b. EXEMPTONS. The requirements of this section shall not apply to,
affect or limit the continuation of existing uses. Existing uses shall
include those uses for which all required permits were issued prior to
June 19, 2002, and projects for which a Conditional use or Rezone
petition has been approved by the County prior to June 19, 2002, or.
land use petitions for which a completed application has been submitted
prior to June 19, 2002. The continuation of existing uses shall include
expansions of those uses if ,such expansions are consistent with or
clearly ancillary to the existing uses. Hereafter, such previously
approved DEVELOPMENT s shall be deemed to be consistent with the
Plan's Goals, Objectives and Policies and for the RFMU DISTRICT, and
they may be built out in accordance with their previously approved
plans. Changes to these previous approvals shall also be deemed
consistent with the Plan1s Goals, Policies and Objectives for the RFMU
DISTRICT as long as they do not result in an increase in
DEVELOPMENT DENSITY or intensity.
c. ORDINANCE SUPERCEDED. Ordinance Number 98-17 is hereby
expressly superceded. Any DEVELOPMENT in the area formerly
subject to that ordinance shall henceforth conform to the provisions of
this Section and all other provisions of this Code that are applicable to
DEVELOPMENT within the RFMU DISTRICT. I,
2. RFMU RECEIVING LANDS. RFMU RECEIVING LANDS are those lands
within the RFMU DISTRICT that have been identified as being most
appropriate for DEVELOPMENT and to which residential DEVELOPMENT
units may be transferred from RFMU SENDING LANDS. Based on the
evaluation of available data, RFMU RECEIVING LANDS have a lesser degree
of environmental or listed species habitat value than RFMU SENDING LANDS
and generally have been disturbed through DEVELOPMENT or previous or
existing agricultural operations. Various incentives are employed to direct
DEVELOPMENT into RFMU RECEIVING LANDS and away from RFMU
SENDING LANDS, thereby maximizing NATIVE VEGETATION and habitat
preservation and restoration. Such incentives include, but are not limited to:
the TOR process; CLUSTERED DEVELOPMENT; DENSITY bonus
incentives; and, provisions for central sewer and water. Within RFMU
RECEIVING LANDS, the following standards shall apply, except as noted in
section 2.03.08 A.1. above, or as more specifically provided in an applicable
PUD.
a. OUTSIDE RURAL VILLAGES
(1) NBMO Exemption. Except as specifically provided herein
NBMO Receiving Lands are only subject to the provisions of
section 2.03.08 D.
Page 80 of 176
(2) Maximum DENSITY.
(a) Base DENSITY. The base RESIDENTIAL
DENSITY allowable within RFMU RECEIVING LANDS,
exclusive of the applicable DENSITY BLENDING
provisions set forth in section 2.05.02, is one (1) unit per
five (5) gross acres (0.2 DWELLING UNITS per acre) or,
for those legal NONCONFORMING LOTS or PARCELS
in existence as of June 22, 1999, one (1) 'unit per LOT or
PARCEL.
(b) Additional DENSITY
i. TDRS. Outside of RURAL VILLAGES, the
maximum DENSITY achievable in RFMU RECEIVING
LANDS through the TOR process is one (1) dwelling
unit per acre.
a) CLUSTERING Required. Where the transfer of
DEVELOPMENT rights is employed to increase
RESIDENTIAL DENSITY within RFMU
RECEIVING LANDS, such residential
DEVELOPMENT shall be CLUSTERED I in
accordance with the following provisions: I
i) Central water and sewer shall be extended to the
project. Where County sewer or water services
may not be available concurrent with
DEVELOPMENT in RFMU RECEIVING LANDS,
interim private water and sewer facilities may be
approved.
ii) The maximum LOT size allowable for a single-
family detached dwelling unit is one acre.
iii) The CLUSTERED DEVELOPMENT shall be
located on the site so as to provide to the greatest
degree practicable: protection for listed species
habitat; preservation of the highest quality NATIVE
VEGETATION; connectivity to ADJACENT
NATURAL RESERVATIONS or preservation areas
on ADJACENT DEVELOPMENT s; and, creation,
maintenance or enhancement of wildlife corridors.
b) Minimum Project Size. The minimum project
size required in order to receive transferred
DWELLING UNITS is 40 contiguous acres.
c) Emergency Preparedness. In order to reduce
the likelihood of threat to life and property from a
Page 81 of 176
~'_'_.""_C"".''''_'_ -
tropical storm or hurricane event any
DEVELOPMENT approved under the provisions of
this section shall demonstrate that adequate
emergency preparedness and disaster prevention
measures have been taken by, at a minimum:
i) Designing community facilities, schools,or other
public BUILDINGS to serve as storm shelters if
located outside of areas that may experience
inundation during a Category 1 or worse storm
event. While the need to utilize such shelters will be
determined on a case-by-case basis, areas which
are susceptible to inundation during such storm
events are identified on the Sea, Lake, and
Overland Surge from Hurricane (SLOSH) Map for
Collier County.
ii) Evaluating impacts on evacuation routes, if any,
and working with the Collier County Emergency
Management staff to develop an Emergency
Preparedness Plan to include provisions for storm
shelter space, a plan for emergency evacuation,
and other provisions that may be deemed
appropriate and necessary to mitigate against a
potential disaster.
iii) Working with the Florida Division of Forestry,
Collier County Emergency Management staff, and
the managers of any ADJACENT or nearby public
lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of
threat to life and property from wildfires. This plan
shall address, at a minimum: project structural
design; the use of materials and location of
STRUCTURES so as to reduce wildfire threat;
firebreaks and BUFFERS; water features; and, the
rationale for prescribed burning on ADJACENT or
nearby lands.
ii. Additional DENSITY. Once the maximum
DENSITY is achieved through the use of TDRs,
additional DENSITY may be achieved as follows:
a) A DENSITY bonus of 0.1 unit per acre shall be
allowed for the preservation of additional NATIVE
VEGETATION as set forth in Section 3.05.07 E. 1.
of the Code.
Page 82 of 176
b) A DENSITY bonus of 0.1 units per acre shall be
allowed for projects that incorporate those
additional WETLANDS mitigation measures set
forth in Section 3.05.07 F. 4. b. of the Code.
(3) Allowable Uses
(a) Uses Permitted as of Right. The following uses are
permitted as of right, or as USES ACCESSORY TO
PERMITTED USES:
i. Agricultural activities, including, but not limited to:
Crop raising; horticulture; fruit and nut production;
forestry; groves; nurseries; ranching; beekeeping;
poultry and egg production; milk production; livestock
raising, and AQUACULTURE for native species
subject to the State of Florida Game and Freshwater
Fish Commission permits. Owning, maintaining or
operating any facility or part thereof for the following
purposes is prohibited:
a) Fighting or baiting any animal by the owner of
such facility or any other person or entity.
b) Raising any animal or animals intended to be
ultimately used or used for fighting or baiting
purposes.
c) For purposes of this subsection, the term baiting
is defined as set forth in 9 828.122(2)(a), F.S., as it
may be amended from time to time.
ii. Single-family residential DWELLING UNITS,
including MOBILE HOMES where a MOBILE HOME
Zoning Overlay exists.
iii. Multi-family residential STRUCTURES, if
CLUSTERING is employed.
iv. RURAL VILLAGES, subject to the provisions set
forth under section 2.03.08 A.2.b. below.
v. Dormitories, DUPLEXES and other types of staff
housing, as may be incidental to, and in support of,
CONSERV A TION USES.
vi. Family Care Facilities: 1 unit per 5 acres and
subject to section 5.05.04 of this Code.
vii. Staff housing as may be incidental to, and in
support of, safety service facilities and ESSENTIAL
SERVICES.
Page 83 of 176
".--
viii. Farm labor housing limited to 10 acres in any
single location:
a) Single family/DUPLEX/MOBILE HOME: 11
DWELLING UNITS per acre; and
b) Multifamily/dormitory: 22 DWELLING
UNITS/beds per acre.
ix. Sporting and Recreational camps not to exceed 1
cabin/lodging" unit per 5 gross acres.
x. Those ESSENTIAL SERVICES identified as
permitted uses in section 2.01.03 (A) and in
accordance with the provisions, conditions and
limitations set forth therein.
xi. Golf courses or driving ranges, subject to the
following standards:
a) The minimum DENSITY shall be as follows:
i) For golf course projects utilizing DENSITY
BLENDING Provisions set forth in the DENSITY
Rating System of the FLUE: one (1) dwelling unit
per five (5) gross acres.
ii) For golf course projects not utilizing DENSITY
BLENDING Provisions, including freestanding golf
courses: the minimum DENSITY shall be one (1)
dwelling unit per five (5) gross acres, and one
additional dwelling unit per five (5) gross acres for
the land area utilized as part of the golf course,
including the clubhouse area, rough, fairways,
greens, and lakes, but excluding any area
dedicated as conservation, which is non-irrigated
and retained in a natural state. The additional
required DENSITY for such golf course
DEVELOPMENT shall be achieved by acquiring
TORs from Sending Lands.
b) Golf courses shall be designed, constructed,
and managed in accordance with Audubon
International's Gold Signature Program. The
project shall demonstrate that the Principles for
Resource Management required by the Gold
Signature Program (Site Specific Assessment,
Habitat Sensitivity, Native and Naturalized Plants
and Natural Landscaping, Water Conservation,
Waste Management. Energy Conservation &
Renewable Energy Sources, Transportation,
Greenspace and Corridors, Agriculture, and
Page 84 of 176
BUILDING Design) have been incorporated into
the golf course's design and operational
procedures.
c) In order to prevent the contamination of soil,
surface water and ground water by the materials
stored and handled by golf course maintenance
operations, golf courses shall comply with the Best
Management Practices for Golf Course
Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May
1995.
d) To protect ground and surface water quality
from fertilizer and pesticide usage, golf courses
shall demonstrate the following management
practices:
i) The use of slow release nitrogen sources;
ii) The use of soil and plant tissue analysis to
adjust timing and amount of fertilization
applications; \
"
"
iii) The use of an integrated pest management
program using both biological and chemical agents
to control various pests;
iv) The coordination of pesticide applications with
the timing and application of irrigation water; and
v) The use of the procedure contained in IFAS
Circular 1011, Managing Pesticides for Golf Course
Maintenance and Water Quality Protection, May
1991 (revised 1995) to select pesticides that will
have a minimum adverse impact on water quality.
e) To ensure water conservation, golf courses
shall incorporate the following in their design and
operation:
i) Irrigation systems shall be designed to use
weather station information and moisture-sensing
systems to determine the optimum amount of
irrigation water needed considering soil moisture
and evapotranspiration rates.
ii) Golf courses shall utilize treated effluent reuse
water consistent with Sanitary Sewer Sub-Element
Objective 1.4 and its policies to the extent that a
sufficient amount of such water is available and the
piping or other conveyance necessary for delivery
Page 85 of 176
..-----.". ...... ~.' -
of such water exists at a location ABUTTING the
golf course property boundary or within 50 feet of
such boundary and accessible via existing rights of
way or EASEMENTS;
iii) Native plants shall be used exclusively except
for special purpose areas such as golf' greens,
fairways, and BUILDING sites. Within these
excepted areas, landscaping plans shall require
that at least 75% of the trees and 50% of the
shrubs be freeze-tolerant native Floridian species.
At least 75% of the required native trees and
shrubs shall also be drought tolerant species.
f) Stormwater management ponds shall be
designed to mimic the functions of natural systems:
by establishing SHORELINES that are sinuous in
configuration in order to provide increased length
and diversity of the littoral zone. A Littoral shelf
shall be established to provide a feeding area for
water dependent avian species. The combined
length of vertical and rip-rapped walls shall be
limited to 25% of the SHORELINE. Credits to the
site preservation area requirements, on an acre- to-
acre basis, shall be given for littoral shelves that
exceed these littoral shelf area requirements.
g) Site preservation and NATIVE VEGETATION
retention requirements shall be those set forth in
section 4.06.00 of this Code.
xii. Public and private schools, subject to the following
criteria:
a) Site area and school size shall be subject to the
General EDUCATIONAL FACILITIES Report
submitted annually by the Collier County School
Board to the Board of County Commissioners.
b) The Site must comply with the STATE
REQUIREMENTS FOR EDUCATIONAL
FACILITIES adopted by the State Board of
Education.
c) The site shall be subject to all applicable State
or Federal regulations.
xiii. OIL AND GAS EXPLORATION, subject to state
drilling permits and Collier County non-environmental
Page 86 of 176
site DEVELOPMENT plan review procedures.
Directional-drilling and/or previously cleared or
disturbed areas shall be utilized in order to minimize
impacts to native habitats, where determined to be
practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.AC., regardless of whether the activity
occurs within the Big Cypress Watershed, as defined
in Rule 62C-30.001 (2), F.AC. All applicable Collier
County oil and gas environmental permitting
requirements shall be considered satisfied by evidence
of the issuance of all applicable federal and/or state oil
and gas permits for proposed oil and gas activities in
Collier County, so long as the state permits comply
with the requirements of Chapter 62C-25 through 62C-
30, F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the
APPLICANT shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth
in Section 377.42, F.S., to assure compliance i,with
Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and
protected from unauthorized uses according to the
standards established in Rule 62-30.005(2)(a)(1 )
through (12), F.A.C.
(b) ACCESSORY USES.
i. ACCESSORY USES as set forth in section 2.03.01
of this Code.
ii. ACCESSORY USES and STRUCTURES that are
accessory and incidental to uses permitted as of right
in the RFMU DISTRICT.
iii. Recreational facilities that serve as an integral part
of a residential DEVELOPMENT and have been
designated, reviewed, and approved on a site
DEVELOPMENT plan or preliminary SUBDIVISION
plat for that DEVELOPMENT . Recreational facilities
may include, but are not limited to clubhouse,
community center BUILDING, tennis facilities,
playgrounds and playfields.
(c) CONDITIONAL USES. The following uses are
permissible as CONDITIONAL USES subject to the
Page 87 of 176
standards and procedures established in section
10.08.00.
i. Oil and gas field DEVELOPMENT and production,
subject to state field DEVELOPMENT permits and
Collier County non-environmental site
DEVELOPMENT plan review procedures.
Directional-drilling and/or previously cleared or
disturbed areas shall be utilized in order to minimize
impacts to nCJ.tive habitats, where determined to be
practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.A.C., regardless of whether the activity
occurs within the Big Cypress Watershed, as defined
in Rule 62C-30.001 (2), F.A.C. All applicable Collier
County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County; so
long as the state permits comply with the requirements
of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big
Cyp ress Watershed, the APPLICANT shall be
responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42,
F.S., to assure compliance with Chapter 62C-25
through 62C-30, F.A.C., even if outside the defined Big
Cypress Watershed. All oil and gas access roads shall
be constructed and protected from unauthorized uses
according to the standards established in Rule 62-
30.005(2)(a)(1) through (12), F.A.C.
ii. Group care facilities and other care housing
facilities, other than family care facilities, subject to a
maximum FLOOR AREA ratio of 0.45.
iii. Zoos, aquariums, and botanical gardens, and
similar uses.
iv. Facilities for the collection, transfer, processing,
and reduction of SOLID WASTE.
v. Community facilities, such as, places of worship,
childcare facilities, cemeteries, and social and fraternal
organizations.
vi. Travel trailer recreation vehicle parks, subject to
the following criteria:
Page 88 of 176
a) the site is ADJACENT to an existing travel
trailer RECREATIONAL VEHICLE site; and
b) the site is no greater than 100% of the size of
the existing ADJACENT park site.
vii. Those ESSENTIAL SERVICES identified in
sections 2.01.03 (G)(1) and (G)(3).
viii. In RFMU RECEIVING LANDS other than those
within the NBMO, asphalt and concrete batch-making
plants.
ix. In RFMU RECEIVING LANDS other than those
within the NBMO, earth mining and extraction.
(4) Design Standards
(a) DEVELOPMENT Not Utilizing CLUSTERING:
i. Minimum LOT area: 5 Acres.
ii. Minimum LOT width: 165 Feet.
I
Hi. Minimum YARD requirements: I I
a) FRONT YARD: 50 feet
b) Side YARD: 30 feet
c) Rear YARD: 50 feet
d) NONCONFORMING LOTS in existence as of
June 22, 1999:
i) FRONT YARD: 40 feet.
H) Side YARD: 10 percent of LOT width, not to
exceed 20 feet on each side.
Hi) Rear YARD: 50 feet.
(b) CLUSTERED DEVELOPMENT:
i. LOT areas and widths:
a) single-family
i) Minimum LOT area: 4,500 square feet.
ii) Maximum LOT area: One Acre.
Page 89 o~ 176
. ..------,..- ~_..n..".'. .,,'....
iii) Minimum LOT width: Interior LOTS 40 feet.
iv. Maximum LOT width: 150 feet.
b) multi-family
i) Minimum LOT area: One Acre.
'.,
ii) Maximum LOT area: None.
iii) Minimum LOT width: 150 feet.
iv) Maximum LOT width: None.
ii. Minimum YARD requirements
a) single-family. Each single-family LOT or
PARCEL minimum YARD requirement shall be
established within an approved PUD, or shall
I
comply with the following standards: i
\
i) Front: 20 feet (Note FRONT YARD Set back
may be reduced to 10 feet where parking for the
unit is accessed via a rear ally.
ii) Side: 6 feet
iii) Rear: 15 feet
iv) Accessory: Per section 4.02.01.
b) multi-family. For each multi-family LOT or
PARCEL minimum Y ARC shall be established
within an approved PUD, or shall comply with the
following standards:
i) SETBACK from Arterial or Collector
roadway(s): no multi-family dwelling may be
located closer than 200 feet to a roadway classified
or defined as an arterial roadway or 100 feet from
any roadway classified or defined as a collector
roadway.
ii) Front: 30 feet.
jii) Rear: 30 feet.
Page 90 of 176
iv) Side YARD/separation between any multi-
family BUILDINGs: One-half of the BUILDING
height or 15 feet, whichever is greater.
v) Accessory: Per section 4.02.01.
iii. Height limitations
a) PRINCIPAL STRUCTURES
i) Single Family: 35 feet.
ii) Multi-family: Five Stories not to exceed 60
feet.
iii) Other STRUCTURES: 35 feet except for golf
course/community clubhouses, which may be
50 feet in height.
b) ACCESSORY STRUCTURES. 20 feet, except
for screen enclosures, which may be the same
height as the PRINCIPAL STRUCTURE.
iv. Minimum floor space
a) Single Family: 800 square feet
b) Multi-family:
i) Efficiency: 450 Square feet
ii) One Bedroom: 600 square feet
iii) Two or More Bedrooms: 800 square feet
(c) Parking. As required in Chapter 4 of this Code.
(d) Landscaping. As required in Chapter 4 of this Code.
(e) SIGNS. As required in section 5.06.00 of this Code.
(5) NATIVE VEGETATION Retention. As required in section
4.06.00 of this Code.
(6) USABLE OPEN SPACE.
Page 91 of 176
..--. ~_._---
(a) Projects of 40 or more acres in size shall provide a
minimum of 70% USABLE OPEN SPACE.
(b) USABLE OPEN SPACE includes active or passive
recreation areas such as parks, playgrounds, golf
courses, waterways, lakes, nature trails, and other similar
OPEN SPACES~ USABLE OPEN SPACE shall also
include areas set aside for conservation or preservation of
NATIVE VEGETATION and landscape areas.
(c) Open water beyond the perimeter of the site,
STREET RIGHT-OF-WAY, except where dedicated or
donated for public uses, DRIVEWAYS, off-STREET
parking and loading areas, shall not be counted towards
required USABLE OPEN SPACE.
b. RURAL VILLAGES. RURAL VILLAGES, including RURAL
VILLAGES within the NBMO, may be approved within the
I
boundaries of RFMU RECEIVING LANDS, subject to the following:!
I
I
(1 ) Allowable Uses:
(a) All permitted uses identified in section 2.03.08
(A)(2)(a)(3)(a), when specifically identified in, and
approved as part of, a RURAL VILLAGE PUD.
(b) CONDITIONAL USES 1 through 5, and 7 identified
in section 2.03.08 (A)(2)(a)(3)(c), when specifically
identified in, and approved as part of a RURAL VILLAGE
PUD.
(c) All permitted and ACCESSORY USES listed in the
C-4 General Commercial District, section 2.03.02 (E),
subject to the design guidelines and DEVELOPMENT
standards set forth in this Section.
(d) Research and Technology Parks, with a minimum
size of 19 acres and a maximum size of 4% of the total
RURAL VILLAGE acreage, subject to the design
guidelines and DEVELOPMENT standards set forth
herein, the applicable standards contained in section
2.03.06 C.7. Research and technology park planned unit
DEVELOPMENT district guidelines and DEVELOPMENT
standards, and further subject to the following:
Page 92 of 176
..
i. Research and Technology Parks shall be permitted
to include up to 20% of the total acreage for non-target
industry uses of the type identified in paragraph (3)
below; and, up to 20% of the total acreage for
WORKFORCE HOUSING, except as provided in
paragraph (7) below. At a minimum, 60% of the total
park acreage must be devoted to target industry uses
identified in paragraph (2) below., The specific
percentage and mix of each category of use shall be
determined at the time of RURAL VILLAGE PUD
rezoning.
ii. The target industries identified by the Economic
DEVELOPMENT Council of Collier County are
aviation/aerospace industry, health technology
industry and information technology industry, and
include the following uses: software DEVELOPMENT
and programming; internet technologies and
electronic commerce; multimedia activities and CD-
ROM DEVELOPMENT; data and information
processing; call center and customer support
activities; professional services that are export based
such as laboratory research or testing activities; light
manufacturing in the high tech target sectors of
aviation/aerospace and health and information
technologies; office uses in connection with on-site
research; DEVELOPMENT testing and related
manufacturing; general administrative offices of a
research and DEVELOPMENT firm; educational,
scientific and research organizations; production
facilities and operations.
iii. Non-target industry uses may include HOTELS at
a DENSITY consistent with the provisions in section
2.03.02 and those uses in the C-1 through C-3 Zoning
Districts that provide support services to the target
industries such as general office, banks, fitness
centers, personal and professional services, medical,
financial and convenience sales and services,
computer related businesses and services, employee
training, technical conferencing, day care centers,
RESTAURANTS and corporate and government
offices.
iv. The RURAL VILLAGE PUD shall include
standards for the DEVELOPMENT of individual
Page 93 of 176
--....-
BUILDING PARCELS within the park and general
standards shall be adopted for pedestrian and
vehicular interconnections, BUFFERING,
landscaping, OPEN SPACES, signage, lighting,
screening of outdoor storage, parking and access
management, all to be consistent with and compatible
to the other uses within the village.
'..
v. The Research and Technology Park must be
ADJACENT to, and have direct access via an existing
or developer constructed local road to an arterial or
collector roadway. The portion of the local roadway
intended to provide access to the Research and
Technology Park shall not be within a residential
neighborhood and does not service a predominately
residential area.
vi. The Research and Technology Park shall be
compatible with surrounding land uses. Accordingly, it
shall be separated from any residentially zone~ or
designated land within the RURAL VILLAGE ~y a
minimum Type "C" landscape BUFFER, as set forth in
section 4.06.00 of this Code.
vii. Whenever WORKFORCE HOUSING is provided,
it shall be fully integrated with other compatible uses
in the park through mixed-use BUILDINGS and/or
through pedestrian and vehicular interconnections.
viii. BUILDING permits for non-target industry uses
identified in paragraph (3) above shall not be issued
prior to issuance of the first BUILDING permit for a
target industry use.
(e) Any other use deemed by the Board of County
Commissioner to be appropriate and compatible within a
RURAL VILLAGE.
(2) Mix of Neighborhood Types. RURAL VILLAGES shall be
comprised of several neighborhoods designed in a compact
nature such that a majority of residential DEVELOPMENT is
within one-quarter mile of a NEIGHBORHOOD CENTER.
NEIGHBORHOOD CENTERS may include small-scale service
retail and office uses, and shall include a public park, square, or
green. VILLAGE CENTERS shall be designed to serve the
retail, office, civic, government uses and service needs of the
Page 94 of 176
residents of the RURAL VILLAGE. The VILLAGE CENTER shall
be the primary location for commercial uses. RURAL
VILLAGES shall be surrounded by a green belt in order to
protect the character of the rural landscape and to provide
separation between RURAL VILLAGES and the low DENSITY
rural DEVELOPMENT, AGRICULTURAL USES, and
conservation lands that may surround the RURAL VILLAGE.
RURAL VILLAGES shall be designed to include the following: a
mixture of residential housing types; institutional and/or
commercial uses; and recreational uses, all of which shall be
sufficient to serve the residents of the RURAL VILLAGE and the
surrounding lands. In addition, except as specifically provided
otherwise for RURAL VILLAGES within the NBMO, the following
criteria and conditions shall apply to all RURAL VILLAGES.
(a) Allocation of Land Uses. Specific allocations for land
uses including residential, commercial and other
non-residential uses within RURAL VILLAGES, shall
include, but are not limited to:
i. A mixture of housing types, including attached
and/or detached single family, as well as multi-family
shall be provided within a RURAL VILLAGE. A
minimum of 0.2 units per acre in a RURAL VILLAGE
shall be AFFORDABLE HOUSING, of which at least
0.1 units per acre shall be WORKFORCE HOUSING.
The RURAL VILLAGE shall be designed so as to
disperse the Affordable and WORKFORCE HOUSING
units throughout the Village rather than concentrate
them in a single location.
ii. A mixture of recreational uses, including parks and
village greens.
iii. Civic, community, and other institutional uses.
iv. A mixture of LOT sizes, with a design that includes
more compact DEVELOPMENT and attached
DWELLING UNITS within NEIGHBORHOOD
CENTERS and the VILLAGE CENTER, and reduced
net densities and increasingly larger LOT sizes for
detached residential dwellings generally occurring as
DEVELOPMENT extends outwanj from the VILLAGE
CENTER.
v. A mixture of retail, office, and services uses.
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vi. If requested by the Collier County School Board
during the PUD and/or DRI review process, school
sites shall be provided and shall be located to serve a
maximum number of residential DWELLING UNITS
within walking distance to the schools, subject to the
following criteria:
a) Schools shall be located within or
ADJACENT to the VILLAGE CENTER;
b) A credit toward any applicable school
impacts fees shall be provided based upon an
independent evaluation/appraisal of the value of
the land and/or improvements provided by the
developer; and
c) Schools shall be located in order to minimize
busing of students and to co-locate schools with
public facilities and civic STRUCTURES such as
parks, libraries, community centers, public squares,
greens and civic areas.
vii. Within the NBM Overlay, elementary schoois shall
be accessed by local STREETS, pedestrian and
bicycle facilities, and shall be allowed in and
ADJACENT to the RURAL VILLAGE CENTER,
provided such local STREETS provide adequate
access as needed by the School Board.
(b) Acreage Limitations.
i. RURAL VILLAGES shall be a minimum of 300
acres and a maximum of 1,500 acres, exclusive of the
required green belt, with exception that the maximum
size of a RURAL VILLAGE within those RFMU
RECEIVING LANDS south of the Belle Meade NRPA
shall not exceed 2,500 acres.
ii. NEIGHBORHOOD CENTER - 0.5% of the total
RURAL VILLAGE acreage, not to exceed 10 acres,
within each NEIGHBORHOOD CENTER.
iii. NEIGHBORHOOD CENTER Commercial - Not to
exceed 40% of the NEIGHBORHOOD CENTER
Page 96 of 176
acreage and 8,500 square feet of gross leasable
FLOOR AREA per acre.
iv. VILLAGE CENTER - Not to exceed 10% of the
total RURAL VILLAGE acreage.
v. VILLAGE CENTER commercial - Not to exceed
30% of the VILLAGE CENTER acreage and 10,000
square feet of gross leasable FLOOR AREA per acre.
vi. Research and Technology Parks limited to a
minimum size of 19 acres and a maximum size of 4%
of the total RURAL VILLAGE acreage.
vii. Civic Uses and Public Parks - Minimum of 15% of
the total RURAL VILLAGE acreage.
(3) DENSITY. A RURAL VILLAGE shall have a minimum
DENSITY of 2.0 units per gross acre and a maximum DENSITY
of 3.0 units per acre, except that the minimum DENSITY with a
NBMO RURAL VILLAGE shall be 1.5 units per gross acre.
Those densities shall be achieved as follows:
(a) Base DENSITY. A base DENSITY of 0.2
DWELLING UNITS per acre (1.0 DWELLING UNITS per
five acres) for lands within the RURAL VILLAGE, and the
land area designated as a GREEN BEL T surrounding the
RURAL VILLAGE, is granted by right for allocation within
the designated RURAL VILLAGE.
(b) Minimum DENSITY. For each TOR CREDIT for
use in a RURAL VILLAGE, one BONUS CREDIT shall
be granted, up to the minimum gross DENSITY of 2.0
units per acre outside of the NBMO and 1.5 units per
acre within the NBMO.
(c) Maximum DENSITY. A developer may achieve a
DENSITY exceeding the minimum required DENSITY, up
to a maximum of 3.0 units per acre, through the following
means:
i. TOR CREDITS;
ii. An additional DENSITY bonus 0.3 units per acre for
the additional preservation of NATIVE VEGETATION
as set forth in Chapter 4;
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iii. An additional DENSITY bonus of 0.3 units per acre
for additional WETLANDS mitigation as set forth in
Chapter 4; and/or
iv. An additional DENSITY bonus of 0.5 units per acre
for each Affordable or WORKFORCE HOUSING unit.
(4) Other Design Standards
(a) Transportation System Design.
i. The RURAL VILLAGE shall be designed with a
formal STREET layout, using primarily a grid design
and incorporating village greens, squares and civic
uses as focal points.
ii. Each RURAL VILLAGE shall be served by a binary
road system that is accessible by the public and shall
not be gated. The road system within the RURAL
VILLAGE shall be designed to meet County standards
and shall be dedicated to the public.
iii. A RURAL VILLAGE shall not be split by an arterial
roadway.
iv. Interconnection between the RURAL VILLAGE
and ADJACENT DEVELOPMENT s shall be required.
v. Neighborhoods, NEIGHBORHOOD CENTERS,
and the VILLAGE CENTER shall be connected
through local and collector STREETS and shall
incorporate traffic calming techniques as may be
appropriate to discourage high-speed traffic.
vi. Public transit and school bus stops shall be co-
located, where practicable.
vii. Pedestrian paths and bikeways shall be designed
so as to provide access and interconnectivity.
(b) Location Restrictions and Standards.
i. In locating both schools and housing units within
the RURAL VILLAGE, consideration shall be given to
minimizing busing needs within the community.
Page 98 of 176
ii. A RURAL VILLAGE shall not be located any closer
than 3.0 miles from another RURAL VILLAGE.
iii. No more than one RURAL VILLAGE may be
located in each of the distinct RFMU DISTRICT
Receiving Areas depicted on the FLUM and on the
Official Collier, County Zoning Atlas maps.
iv. A RURAL VILLAGE shall have direct access to a
roadway classified by Collier County as an arterial or
collector roadway. Alternatively, access to the RURAL
VILLAGE may be via a new collector roadway directly
accessing an existing arterial, the cost of which shall
be borne entirely by the developer.
v. A RURAL VILLAGE shall be located where other
public infrastructure, such as potable water and sewer
facilities, already exist or are planned.
(c) Size Limitations. RURAL VILLAGES shall be a
minimum of 300 acres and a maximum of 1 ,500 acres,
except within RFMU RECEIVING LANDS south of the
Belle Meade NRPA where the maximum size may not
exceed 2,500 acres. This required RURAL VILLAGE size
is exclusive of the required GREENBELT area set forth in
section 2.03.08 (A)(2)(b)(6).
(d) Additional Village Design Criteria: RURAL
VILLAGES shall be designed in accordance with the
following provisions:
i. RURAL VILLAGES shall be developed in a
progressive urban to rural continuum with the greatest
DENSITY, intensity and diversity occurring within the
VILLAGE CENTER, to the least DENSITY, intensity
and diversity occurring within the edge of the
neighborhoods approaching the GREENBELT.
ii. RURAL VILLAGES may include "Special Districts"
in addition to the VILLAGE CENTER,
NEIGHBORHOOD CENTER and Neighborhoods, to
accommodate uses that may require use specific
design standards not otherwise. provided for herein.
Such Special Districts, their proposed uses, and
Page 99 of 176
~.- --
applicable design standards shall be identified as part
of the RURAL VILLAGE PUD rezone process.
iii. The RURAL VILLAGE PUD Master Plan shall
designate the location of the VILLAGE CENTER and
each Neighborhood, NEIGHBORHOOD CENTER and
as may be applicable, Special Districts. RURAL
VILLAGES shall include a VILLAGE CENTER and a
minimum of two distinct neighborhoods, with defined
NEIGHBORHOOD CENTERS.
iv. A mixture of allowable uses is encouraged to occur
within BUILDINGS in the VILLAGE CENTER and
NEIGHBORHOOD CENTERS.
v. Transient lodging is permitted at up to 26 guest
units per acre calculated on the acreage of the
PARCEL occupied by the transient lodging and its
ancillary facilities, if such PARCEL includes multiple
uses.
vi. BUILDING heights may vary within the VILLAGE
CENTER and NEIGHBORHOOD CENTERS, but shall
not exceed 5 stories not exceeding 65 feet with the
VILLAGE CENTER, or 4 stories no exceeding 55 feet
within the NEIGHBORHOOD CENTER, and 3 stories
not to exceed 40 feet within 200 feet of the
GREEN BEL T. The height exclusions set forth in
section 4.02.01 of this Code apply within a RURAL
VILLAGE. The height exclusion set forth in section
4.02.01 applies in the VILLAGE CENTER only, except
that:
a) section 4.02.01 requiring 300 square feet of
green spaces for each parking space for which the
height waiver is granted shall not apply; however,
b) For each parking space for which the height
waiver is granted, an equal amount of square
footage of OPEN SPACE shall be provided in
excess of the minimum set forth in section 2.03.08
(A)(2)(b)(7).
vii. The minimum LOT area shall be 1,000 SF;
however, within neighborhoods, especially
approaching the edge of the Village and the
Page 100 of 176
surrounding green belt, less compact larger LOT
residential DEVELOPMENT may occur.
viii. Within the VILLAGE CENTER and
NEIGHBORHOOD CENTERS, individual BLOCK
perimeters shall not exceed 2,500 linear feet.
ix. Within the VILLAGE CENTER and
NEIGHBORHOOD CENTERS required YARDS shall
be as follows:
a) Front SETBACKS - 0 to 10 feet from the RIGHT-
OF-WAY line .
b) Side SETBACKS - 0 feet
c) Rear SETBACKS - 0 feet
x. Within neighborhoods outside of a NeighborhoC?d or
VILLAGE CENTER required YARDS may vary but
shall be designed so as to provide for adequate light,
opens space ad movement of air, and shall consider
the design objective of the urban to rural continuum
with the greatest DENSITY, intensity and diversity
occurring within the VILLAGE CENTER, to the least
DENSITY, intensity and diversity occurring within the
edge of the neighborhoods approaching the
GREENBELT.
xi. Within the VILLAGE CENTER and
NEIGHBORHOOD CENTERS overhead
encroachments such as awnings, balconies, arcades
and the like, must maintain a clear distance of 9 feet
above the SIDEW ALK and 15 feet above the
STREET.
xii. Seating for outdoor dining shall be permitted to
encroach the public SIDEWALKS and shall leave a
minimum 6-foot clear pedestrian way between the
outdoor dining and the streetscape planting area.
xiii. Civic or Institutional Buildings shall be subject to
the specific standards of this subsection that regulate
building height, building placement, building use,
parking, and signage except as deviations are deemed
appropriate by the Collier County planning staff with
Page 101 of 176
_~u_ ._"--
respect to the creation of focal points, vistas, and
significant community landmarks. Specific design
standards shall be provided in the RURAL VILLAGE
PUD document.
xiv. Architectural Standards: Buildings within the
VILLAGE CENTER shall be made compatible through
similar mas~ing, volume, FRONT AGE, scale and
architectural features. The PUD document shall
adhere to the provisions of section 5.05.08 of this
Code; however, deviations may be requested where
such deviations are shown to further these RURAL
VILLAGE design standards.
xv. Required vehicular parking and loading amounts
and design criteria:
a) The amount of required parking shall be
demonstrated through a shared parking analysis
submitted with an SRA designation application.
Parking shall be determined utilizing the modal
splits and parking demands for various uses
recognized by ITE, ULI or other sources or studies.
The analysis shall demonstrate the number of
parking spaces available to more than one use or
function, recognizing the required parking will vary
depending on the multiple functions or uses in
close proximity which are unlikely to require the
spaces at the same time.
b) On-site parking areas shall be organized into
a series of small bays delineated by landscape
islands of varied sized. A maximum spacing
between landscape islands shall be 10 spaces.
Landscape islands and tree diamonds shall have a
minimum of one canopy tree.
c) Parking LOTS shall be accessed from
ALLEYS, service lanes or secondary STREETS.
d) Any or all of the above parking requirements
may be further reduced if a shared parking plan is
submitted as part of a RURAL VILLAGE PUD or
subsequent site DEVELOPMENT plan application.
The shared parking plan shall demonstrate that the
reduced parking is warranted as a result of the
Page 102 of 176
following: shared building and/or BLOCK use(s)
where parking demands for certain uses are low
when other demands are higher; a concentration of
residential DWELLING UNITS located within 600
feet of non-residential uses; the existence bftransit
for use by residents and visitors.
xvi. landscaping minimums within the VILLAGE
CENTER or within NEIGHBORHOOD CENTERS shall
be met by:
a) Providing landscaping within parking LOTS
as described, and by providing a streetscape area
between the SIDEWALK and curb at a minimum of
5 Ft. in width;
b) Planting STREET trees every 40 Ft. O.C.
The STREET tree pattern may be interrupted by
architectur al elements such as arcades and
columns.
c) Plantings areas, raised planters, or planter
boxes in the front of and ADJ ACENT to the
buildings, where such planting areas do not
interfere with pedestrian access and mobility.
d) Providing for additional pubic use landscape
areas at intervals within the streetscape, on
identified PARCELS with BLOCKs, or as part of
public greens, squares, parks or civic uses.
xvii. SIGNS: The PUD document shall adhere to
the provisions of section 5.06.00 of this Code;
however, deviations may be requested where such
deviations are shown to further these RURAL
VILLAGE design standards by providing for pedestrian
scale signage standards with NEIGHBORHOOD
CENTERS or the VILLAGE CENTER.
(5) NATIVE VEGETATION. NATIVE VEGETATION shall be
preserved as set forth in section 4.06.04.
(6) GREEN BEL T. Except within the NBMO RURAL VILLAGE, a
GREEN BEL T averaging a minimum of 500 feet in width, but not
less than 300 feet in width, shall be required at the perimeter of
the RURAL VILLAGE. The GREENBELT is required to ensure a
Page 103 of 176
-...-- -,,- ,~- ~.,"'- . --- ~'" .... _.~,""
permanently undeveloped edge surrounding the RURAL
VILLAGE, thereby discouraging sprawl. GREENBELTS shall
conform to the following:
(a) GREENBEL TS may only be designated on RFMU
RECEIVING LANDS.
(b) The allow~ble RESIDENTIAL DENSITY shall be
shifted from the designated GREEN BEL T to the RURAL
VILLAGE.
(c) The GREENBELT may be concentrated to a
greater degree in areas where it is necessary to protect
listed species habitat, including WETLANDS and uplands,
provide for a BUFFER from ADJACENT NATURAL
RESERVATIONS, or provide for wellfieJd or AQUIFER
protection. However, at no location shall. the
GREENBELT be less than 300 feet in width.
I
(d) Golf courses and existing agriculture operations are
permitted within the GREENBELT, subject to i the
vegetation retention standards set forth in section 4.06.04.
However, golf course turf areas shall only be located
within 100 feet of the GREENBELT boundaries (interior
and exterior boundary); further, these turf areas shall only
be located in previously cleared or disturbed areas.
(7) OPEN SPACE: Within the RURAL VILLAGE, a minimum
of 70% of OPEN SPACE shall be provided, inclusive of the
GREENBELT.
(8) Process for Approval of a RURAL VILLAGE. Applications
for approval shall be submitted in the form of a Planned Unit
DEVELOPMENT (PUO) rezone utilizing the standard form(s)
developed by Collier County, and subject to the Fees established
for a PUD rezone application. Where applicable, the RURAL
VILLAGE PUO application will be submitted in conjunction with a
DEVELOPMENT of Regional Impact (ORI) application as
provided for in Chapter 380 of Florida Statutes, or in conjunction
with any other Florida provisions of law that may supercede the
ORI process. The APPLICANT shall notify the owner(s) of
subsurface mineral rights to the property within the boundaries of
the proposed RURAL VILLAGE prior to approval of the PUD.
The Application for RURAL VILLAGE PUO approval shall
demonstrate general compliance with the provisions of section
Page 104 of 176
2.03.06 and shall include the following additional submittal
requirements:
(a) EIS. An ENVIRONMENTAL IMPACT
STATEMENT for the RURAL VILLAGE and
surrounding GREENBELT area shall be submitted an
accordance with. the requirements of Chapter 10 of
this Code.
(b) Demonstration of Fiscal Neutrality. An analysis
that demonstrates that the RURAL VILLAGE will be
fiscally neutral to county taxpayers outside of the RURAL
VILLAGE. This analysis shall evaluate the demand and
impacts on levels of service for public facilities and the
cost of such facilities and services necessary to serve the
RURAL VILLAGE. In addition, this evaluation shall
identify projected revenue sources for services and any
capital improvements that may be necessary to support
the RURAL VILLAGE. In conclusion, this analysis shall
indicate what provisions and/or commitments will be to
ensure that the provision of necessary facilities and
services will be fiscally neutral to County taxpayers
outside of the RURAL VILLAGE. At a minimum, the
analysis shall consider the following:
i. Stormwater/DRAINAGE FACILITIES;
ii. Potable water provisions and facilities;
iii. Reuse or "Grey" water provisions for irrigation;
iv. Central sewer provisions and facilities;
v. Law enforcement facilities;
vi. School facilities;
vii. Roads, transit, bicycle and pedestrian
facilities and PATHWAYS;
a) SOLID WASTE facilities.
b) DEVELOPMENT phasing and funding
mechanisms to address any impacts to LEVEL OF
SERVICE in accordance with the County's adopted
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q- _..."n....~._~___ ".. -'.
CONCURRENCY management program to ensure
that there will be no degradation to the adopted
LEVEL OF SERVICE for public facilities and
infrastructure identified in (1) through (7) above.
3. NEUTRAL LANDS. NEUTRAL LANDS have been identified for limited
semi-rural residential DEVELOPMENT. Available data indicates that
NEUTRAL LANDS have a higher r€ltio of NATIVE VEGETATION, and thus
higher habitat values, than lands designated as RFMU RECEIVING LANDS,
but these values do not approach those of RFMU SENDING LANDS.
Therefore, these lands are appropriate for limited DEVELOPMENT, if such
DEVELOPMENT is directed away from existing NATIVE VEGETATION and
habitat. Within NEUTRAL LANDS, the following standards shall apply: .
a. ALLOW ABLE USES. The following uses are permitted as of
right:
(1) Uses Permitted as of Right.
I
(a) Agricultural activities, including, but not limited to:
Crop raising, horticulture, fruit and nut production, forestry,
groves, nurseries, ranching, beekeeping, poultry and egg
production, milk production, livestock raising, and
AQUACULTURE for native species subject to the State of
Florida Fish and Wildlife Conservation Commission.
Owning, maintaining or operating any facility or part
thereof for the following purposes is prohibited:
I. Fighting or baiting any animal by the owner of such
facility or any other person or entity.
ii. Raising any animal or animals intended to be
ultimately used or used for fighting or baiting purposes.
iii. For purposes of this subsection, the term baiting is
defined as set forth in 9 828.122(2)(a), F.S., as it may
be amended from time to time.
(b) Single-family residential DWELLING UNITS,
including MOBILE HOMES where a MOBILE HOME
Zoning Overlay exists.
(c) Dormitories, DUPLEXES and other types of staff
housing, as may be incidental to, and in support of,
CONSERV ATION USES.
Page 106 of 176
(d) GROUP HOUSING uses subject to the following
DENSITY/intensity limitations:
(e) Family Care Facilities: 1 unit per 5 acres;
(f) Group Care Facilities and other Care Housing Facilities:
Maximum FLOOR AREA RATIO (FAR) not to exceed
0.45.
(g) Staff housing as may be incidental to, and in
support of. safety service facilities and ESSENTIAL
SERVICES.
(h) Farm labor housing limited to 10 acres in any single
location:
i. Single family/DUPLEX/MOBILE HOME: 11
DWELLING UNITS per acre;
ii. Multifamily/dormitory: 22 DWELLING UNITS/beds
per acre.
(i) Sporting and Recreational camps, not to exceed 1
cabin/lodging unit per 5 gross acres.
U) Those ESSENTIAL SERVICES identified in
section 2.01.03 (A).
(k) Golf courses or driving ranges, subject to the
following standards:
i. Golf courses shall be designed, constructed, and
managed in accordance with Audubon Intemational's
Gold Signature Program.
ii. In order to prevent the contamination of soil,
surface water and ground water by the materials
stored and handled by golf course maintenance
operations, golf courses shall comply with the Best
Management Practices for Golf Course Maintenance
Departments, prepared by the Florida Department of
Environmental Protection, May 1995.
iii. To protect ground and surface water quality from
fertilizer and pesticide usage, golf courses shall
demonstrate the following management practices:
Page 107 of 176
,. -. ,
a) The use of slow release nitrogen sources;
b) The use of soil and plant tissue analysis to
adjust timing and amount of fertilization
applications;
c) The use of an integrated pest management
program using both biological and chemical agents
to control Various pests;
d) The coordination of pesticide applications
with the timing and application of irrigation water;
e) The use of the procedure contained in IFAS
Circular 1011, Managing Pesticides for Golf Course
Maintenance and Water Quality Protection, May
1991 (revised 1995) to select pesticides that will
have a minimum adverse impact on water quality.
iv. To ensure water conservation, golf courses shall
incorporate the following in their design and operation:
a) Irrigation systems shall be designed to use
weather station information and moisture-sensing
systems to determine the optimum amount of
irrigation water needed considering soil moisture
and evapotranspiration rates.
b) As available, golf courses shall utilize
treated effluent reuse water consistent with
Sanitary Sewer Sub-Element Objective 1.4 and its
policies.
c) Native plants shall be used exclusively
except for special purpose areas such as golf
greens, fairways, and BUILDING sites. Within
these excepted areas, landscaping plans shall
require that at least 75% of the trees and 50% of
the shrubs be freeze-tolerant native Floridian
species. At least 75% of the required native trees
and shrubs shall also be drought tolerant species.
v. Stormwater management ponds shall be designed
to mimic the functions of natural systems: by
establishing SHORELINES that are sinuous in
Page 108 of 176
configuration in order to provide increased length and
diversity of the littoral zone. A Littoral shelf shall be
established to provide a feeding area for water
dependent avian species. The combined length of
vertical and rip-rapped walls shall be limited to 25% of
the SHORELINE. Credits to the site preservation area
requirements, on an acre- to- acre basis, shall be
given for littor~1 shelves that exceed these littoral shelf
area requirements.
vi. Site preservation and NATIVE VEGETATION
retention requirements shall be the same as those set
forth in the RFMU DISTRICT criteria. Site
preservation areas are intended to provide habitat
functions and shall meet minimum dimensions as set
forth in the LOC. These standards shall be established
within one year.
(I) Public and private schools, subject to the following
criteria:
i. Site area and school size shall be subject to the
General EDUCATIONAL FACILITIES Report
submitted annually by the Collier County School Board
to the Board of County Commissioners.
ii. The Site must comply with the STATE
REQUIREMENTS FOR EDUCATIONAL FACILITIES
adopted by the State Board of Education.
iii. The site shall be subject to all applicable State or
Federal regulations.
(m)OIL AND GAS EXPLORATION, subject to state
drilling permits and Collier County non-environmental
site DEVELOPMENT plan review procedures.
Directional-drilling and/or previously cleared or
disturbed areas shall be utilized in order to minimize
impacts to native habitats, where determined to be
practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.A.C., regardless of. whether the activity
occurs within the Big Cypress Watershed, as defined
in Rule 62C-30.001 (2), F.A.C. All applicable Collier
County environmental permitting requirements shall be
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considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements
of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big
Cypress Watershed, the APPLICANT shall be
responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42,
F.S., to assure compliance with Chapter 62C-25
through 62C-30, F.A.C., even if outside the defined Big
Cypress Watershed. All oil and gas access roads shall
be constructed and protected from unauthorized uses
according to the standards established in Rule 62-
30.005(2)(a)(1) through (12), F.A.C.
(2) ACCESSORY USES. The following uses are permitted
as accessory to uses permitted as of right or to approved
CONDITIONAL USES:
(a) ACCESSORY USES and STRUCTURES that are
accessory and incidental to uses permitted as of right in
section 2.03.08 (A)(3)(a)(1) above.
(b) Recreational facilities that serve as an integral part
of a residential DEVELOPMENT and have been
designated, reviewed, and approved on a site
DEVELOPMENT plan or preliminary SUBDIVISION plat
for that DEVELOPMENT . Recreational facilities may
include, but are not limited to clubhouse, community
center BUILDING, tennis facilities, playgrounds and
playfields.
(3) CONDITIONAL USES. The following uses are
permissible as CONDITIONAL USES subject to the standards
and procedures established in section 10.08.00.
(a) Zoo, aquarium, botanical garden, or other similar
uses.
(b) Community facilities, such as, places of worship,
childcare facilities, cemeteries, social and fraternal
organizations.
(c) Sports instructional schools and camps.
Page 110 of 176
(d) Those ESSENTIAL SERVICES identified in
sections 2.01.03 (G)(1) and (G)(3).
(e) Oil and gas field DEVELOPMENT and production,
subject to state field DEVELOPMENT permits and Collier
County non-environmental site DEVELOPMENT plan
review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.A.C., regardless of whether the activity occurs
within the Big Cypress Watershed, as defined in Rule
62C-30.001 (2), F.A.C. All applicable Collier County
environmental permitting requirements shall' be
considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long
I
as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee
as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and
gas access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(f) Earth mining and extraction and related processing.
b. DENSITY
(1 ) Maximum Gross DENSITY . The maximum gross
DENSITY in NEUTRAL LANDS shall not exceed one
DWELLING UNIT per five gross acres (0.2 DWELLING UNITS
per acre), except that the maximum gross DENSITY for those
legal NONCONFORMING LOTS or PARCELS in existence as of
June 22, 1999, shall be one dwelling unit per LOT or PARCEL.
(2) Residential CLUSTERING. CLUSTERING of residential
DEVELOPMENT is allowed and encouraged. Where
CLUSTERED DEVELOPMENT is employed, it shall be in
accordance with the following provisions:
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<_.~_.~T"_ -"".-. ~
(a) If within the boundaries of the Rural Transition
Water and Sewer District, and consistent with the
provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be
extended to the project. Where County sewer or water
services may not be available concurrent with
DEVELOPMENT in NEUTRAL LANDS,. interim private
water and sewer facilities may be approved.
(b) The CLUSTERED DEVELOPMENT shall be
located on the site so as to provide to the greatest degree
practicable:
i. protection for listed species habitat;
ii. preservation of the highest quality NATIVE
VEGETATION;
iii. connectivity to ADJACENT NATURAL
RESERVATIONS or preservation areas on
ADJACENT DEVELOPMENT s; and
iv. creation, maintenance or enhancement of wildlife
corridors.
(c) The minimum project size shall be at least 40
acres.
c. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and
Design Standards set forth in section 4.02.01 of this Code shall apply to
all DEVELOPMENT in NEUTRAL LANDS, except for DEVELOPMENT
utilizing the residential CLUSTERING provisions in section 2.03.08
(A)(3)(b)(2) above. In the case of such CLUSTERED DEVELOPMENT
J the following dimensional standards shall apply to all permitted
housing STRUCTURE types, accessory, and CONDITIONAL USES:
(1 ) DEVELOPMENT that is Not Clustered:
(a) Minimum LOT area: 5 Acres.
(b) Minimum LOT width: 165 Feet.
(c) Minimum YARD Requirements:
i. FRONT YARD: 50 feet
Page 112 of 176
ii. Side YARD: 30 feet
iii. Rear YARD: 50 feet
iv. NONCONFORMING LOTS in existence as of June
22, 1999:
'..
a) FRONT YARD: 40 feet.
b) Side YARD: 10 percent of LOT width, not to
exceed 20 feet on each side.
c) Rear YARD: 50 feet.
(2) DEVELOPMENT that is Clustered.
(a) Minimum LOT area: 4,500 square feet.
(b) Maximum LOT area: One Acre.
I
(c) Minimum LOT width: Interior LOTS 40 feet.
(d) Maximum LOT width: 150 feet.
(3) Height Limitations.
(a) Principal: 35 feet
(b) Accessory: 20 feet, except for screen enclosures,
which may be the same height as the PRINCIPAL
STRUCTURE.
(c) Golf course/community clubhouses: 50 feet
(4) FLOOR AREA. The minimum FLOOR AREA for each
dwelling unit shall be 800 square feet.
(5) Parking. As required in Chapter 4.
(6) Landscaping. As required in Chapter 4.
(7) SIGNS: As required in section 5.06.00.
d. NATIVE VEGETATION RETENTION. NATIVE VEGETATION
shall be preserved as set forth in Chapter 4.
Page 113 of 176
<--------- -"' . " <._-
e. USABLE OPEN SPACE.
(1 ) Projects of 40 acres or more in size shall provide a
minimum of 70% USABLE OPEN SPACE.
(2) USABLE OPEN SPACE includes active or passive
recreation areas such" as parks, playgrounds, golf courses,
waterways, lakes, nature trails, and other . similar OPEN
SPACES. USABLE OPEN SPACE shall also include areas set
aside for conservation or preservation of NATIVE VEGETATION
and landscape areas.
(3) Open water beyond the perimeter of the site, STREET
RIGHT-OF-WAY, except where dedicated or donated for public
uses, DRIVEW A YS, off-STREET parking and loading areas,
shall not be counted towards required USABLE OPEN SPACE.
4. RFMU SENDING LANDS. RFMU SENDING LANDS are those lands that
have the highest degree of environmental value and sensitivity and generally
include significant WETLANDS, uplands, and habitat for listed species. RFMU
SENDING LANDS are the principal target for preservation and conservation.
DENSITY may be transferred from RFMU SENDING LANDS as provided in
section 2.03.07 D.4.c. All NRPAs within the RFMU DISTRICT are also RFMU
SENDING LANDS. With the exception of specific provisions applicable only to
NBMO NEUTRAL LANDS, the following standards shall apply within all RFMU
SENDING LANDS:
a. ALLOW ABLE USES WHERE TDR CREDITS HAVE NOT BEEN
SEVERED
(1 ) Uses Permitted as of Right
(a) AGRICULTURAL USES consistent with Sections
163.3162 and 823.14(6) Florida Statutes (Florida Right to
Farm Act).
(b) Detached single-family DWELLING UNITS,
including MOBILE HOMES where the MOBILE HOME
Zoning Overlay exists,
(c) Habitat preservation and CONSERVATION USES.
(d) Passive parks and other passive recreational uses.
Page 114 of 176
(e) Sporting and Recreational camps, within which the
lodging component shall not exceed 1 unit per 5 gross
acres.
(f) Those ESSENTIAL SERVICES identified in
section 2.01.03 (B).
(g) OIL AND GAS EXPLORATION, subject to state
drilling permits and Collier County non-environmental
site DEVELOPMENT plan review procedures.
Directional-drilling and/or previously cleared or
disturbed areas shall be utilized in order to minimize
impacts to native habitats, where determined to be
practicable, This requirement shall be deemed
satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.A C" regardless of whether the activity
occurs within the Big Cypress Watershed, as defined
in Rule 62C-30.001 (2), F.A.C. All applicable Collier
County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements
of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big
Cypress Watershed, the APPLICANT . shall be
responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42.
F.S., to assure compliance with Chapter 62C-25
through 62C-30, F.A.C., even if outside the defined Big
Cypress Watershed. All oil and gas access roads shall
be constructed and protected from unauthorized uses
according to the standards established in Rule 62-
30.005(2)(a)(1) through (12), F.A.C.
(2) ACCESSORY USES. ACCESSORY USES and
STRUCTURES that are accessory and incidental to uses
permitted as of right in section 2.03.08 (A)(2)(a)(1) above.
(3) CONDITIONAL USES.
(a) Those ESSENTIAL SERVICES identified in
section 2.01.03 G.2.
Page 115 of 176
"~,. - ~-~ ...--'-
(b) Public facilities, including SOLID WASTE and
resource recovery facilities, and public vehicle and
equipment storage and repair facilities, shall be permitted
within Section 25, Township 49S, Range 26E, on lands
ADJACENT to the existing County landfill. This shall not
be interpreted to allow for the expansion of the landfill into
Section 25 for the purpose of SOLID WASTE disposal.
'..
(c) Oil and gas field DEVELOPMENT .and production,
subject to state field DEVELOPMENT permits and Collier
County non-environmental site DEVELOPMENT plan
review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.A.C., regardless of whether the activity occurs
within the Big Cypress Watershed, as defined in Rule
62C-30.001 (2), F.A.C. All applicable Collier Cdunty
environmental permitting requirements shall I be
considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long
as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee
as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and
gas access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(d) Commercial uses accessory to permitted uses 1 .a,
1.c. and 1.d above, such as retail sales of produce
accessory to farming, or a RESTAURANT accessory to a
park or preserve, so long as restrictions or limitations are
imposed to insure the commercial use functions as an
accessory, subordinate use.
b. USES ALLOWED WHERE TOR CREDITS HAVE BEEN
SEVERED
Page 116 of 176
(1 ) Uses Permitted as of Right
(a) AGRICULTURAL USES consistent with Sections
163.3162 and 823.14(6) Florida Statutes (Florida Right to
Farm Act), including water management facilities,. to the
extent and intensity that such operations exist at the date
of any transfer of DEVELOPMENT rights.
(b) Cattle grazing on unimproved pasture where no
clearing is required;
(c) Detached single-family DWELLING UNITS,
including MOBILE HOMES where the MOBILE HOME
Zoning Overlay exists, at a maximum DENSITY of one
dwelling unit per 40 acres. In order to retain these
DEVELOPMENT rights after any transfer, up to one
dwelling must be retained (not transferred) per 40 acres.
(d) One detached dwelling unit, including MOBILE
HOMES where the MOBILE HOME Zoning Overlay
exists. per LOT or PARCEL in existence as of June 22,
1999, that is less than 40 acres. In order to retain these
DEVELOPMENT rights after any transfer, up to one
dwelling must be retained (not transferred) per each LOT
or PARCEL. For the purposes of this provision, a LOT or
PARCEL shall be deemed to have been in existence as of
June 22, 1999, upon a showing of any of the following:
i. the LOT or PARCEL is part of a SUBDIVISION
that was recorded in the public records of the County
on or before June 22, 1999;
ii. a description of the LOT or PARCEL, by metes and
bounds or other specific legal description, was
recorded in the public records of the County on or
before June 22, 1999; or
iii. an agreement for deed for the LOT or PARCEL,
which includes description of the LOT or PARCEL by
limited fixed boundary, was executed on or before
June 22, 1999.
(e) Habitat preservation and CONSERVATION USES.
(f) Passive parks and passive recreational uses.
Page 117 of 1 76
-,-" "-'--'-
(g) Those ESSENTIAL SERVICES identified in section
2.01.03 B.
(h) OIL AND GAS EXPLORATION, subject to state
drilling permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-
drilling and/or previously cleared or disturbed areas shall
be utilized in ordE3r to minimize impacts to native habitats,
where determined to be practicable. This requirement
shall be deemed 'satisfied upon issuance of a state permit
in compliance with the criteria established in Chapter 62C-
25 through 62C-30, F.A.C., regardless of whether the
activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001 (2), F.A.C. All applicable
Collier County environmental permitting requirements
shall be considered satisfied by evidence of the issuance
of all applicable federal and/or state oil and gas permits
for proposed oil and gas activities in Collier County, so
long as the state permits comply with the requireme~ts of
Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee
as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and
gas access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(2) CONDITIONAL USES
(a) Those Essential Uses identified in section 2.01.03
G.2.
(b) Oil and gas field DEVELOPMENT and production,
subject to state field DEVELOPMENT permits and Collier
County non-environmental site DEVELOPMENT plan
review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed
satisfied upon issuance of a state ,permit in compliance
with the criteria established in Chapter 62C-25 through
62C-30, F.A.C., regardless of whether the activity occurs
within the Big Cypress Watershed, as defined in Rule
Page 118 of 176
.'
62C-30.001 (2), F.A.C. All applicable Collier County
environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County; so long
as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee
as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and
gas access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(c) Conditional use approval criteria: In addition to the
criteria set forth in section 10.08.00 of this Code, the
following additional criteria shall apply to the approval of
CONDITIONAL USES within RFMU SENDING LANDS:
i. The APPLICANT shall submit a plan for
DEVELOPMENT that demonstrates that WETLANDS,
listed species and their habitat are adequately
protected as specified in Chapters 3, 4 and 10.
ii. Conditions may be imposed, as deemed
appropriate, to limit the size, location, and access to
the conditional use.
c. DENSITY.
(1) 1.0 DWELLING UNITS per 40 gross acres; or
(2) 1.0 dwelling unit per NONCONFORMING LOT or PARCEL in
existence as of June 22, 1999. For the purpose of this provision,
a LOT or PARCEL which is deemed to have been in existence
on or before June 22, 1999 is:
(a) a LOT or PARCEL which is part of a SUBDIVISION
recorded in the public records of Collier County, Florida;
(b) a LOT or PARCEL which has limited fixed
boundaries, described by metes and bounds or other
specific legal description, the description of which has
Page 119 of 176
.- -
been recorded in the public records of Collier County
Florida on or before June 22, 1999; or
(c) a LOT or PARCEL which has limited fixed boundaries
and for which an agreement for deed was executed prior
to June 22, 1999.
d. NATIVE VEGETATION RETENTION. As required in Chapter 4.
e. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional
standards set forth in section 4.02.01 of this Code shall apply to all
DEVELOPMENT in Sending designated lands of the RFMU DISTRICT,
except as follows:
(1 ) LOT Area and Width.
(a) Minimum LOT Area: 40 acres.
(b) Minimum LOT Width: 300 Feet.
(2) Parking. As required in Chapter 4.
(3) Landscaping. As required in Chapter 4.
(4) SIGNS. As required in section 5.06.00.
5. SPECIFIC VEGETATION STANDARDS FOR THE RFMU
DISTRICT. For these specific standards, please refer to section
3.05.07 C. through 3.05.07 E. of this code.
C. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA)
1. PURPOSE AND INTENT. The purpose and intent of the Natural Resource
Protection Area Overlay District (NRPA) is to: protect endangered or
potentially endangered species by directing incompatible land uses away their
habitats; to identify large, connected, intact, and relatively unfragmented
habitats, which may be important for these listed species; and to support State
and Federal agencies' efforts to protect endangered or potentially endangered
species and their habitats. NRPAs may include major wetland systems and
regional flow-ways. These lands generally should be the focus of any federal,
state, County, or private acquisition efforts. Accordingly; allowable land uses,
vegetation preservation standards, DEVELOPMENT standards, and listed
species protection criteria within NRPAs set forth herein are more restrictive
than would otherwise be permitted in the underlying zoning district and shall
Page 120 of 176
to be applicable in addition to any standards that apply tin the underlying
zoning district.
a. NRPA OVERLAY AREAS. NRPAs are located in the following
areas:
(1 ) Clam Bay Conservation Area (within Pelican Bay Planned
Unit DEVELOPMENT );
(2) CREW (Corkscrew Regional Ecosystem Watershed);
(3) North Belle Meade;
(4) South Belle Meade;
(5) South Golden Gate Estates.
The NRPA lands within the Rural Fringe Mixed Use District to which the
Section 2.03.08 C. regulations apply (i.e. - numbers 3 and 4 above) are
depicted by the following map:
Page 121 of 176
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____.._.___....._.'._.....m_ .._..._.._..__.__._________.____'..__ ._._._.._.....__._......_._.....__.._.____._______._...___.__....
LEE COUNTY
RURAL FRINGE I
MIXED USE DISTRICT
NATURAL RESOURCE
PROTECTION AREAS i
S ROAD
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IMMOKAI.fE I ) RANDALL BLVD I
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b. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE
RFMU DISTRICT. NRPAs located in the RFMU DISTRICT are
Page 122 of 176
identified as RFMU SENDING LANDS and are further subject to the
provisions, conditions and standards set forth in section 2.03.08 (A)(4).
Private property owners within these NRPAs may transfer residential
DEVELOPMENT rights from these important environmentally sensitive
lands to other identified "receiving" lands pursuant to eth specific
provisions set forth in section 2.01.03 of this Code.
c. DEVELOPMENT STANDARDS. DEVELOPMENT within a NRPA
shall adhere to the following standards:
(1 ) Vegetation Retention and Site Preservation - NATIVE
VEGETATION retention shall be as required in Chapter 4. .
(2) Permitted and CONDITIONAL USES for all lands within a
NRPA that are zoned CON and for those lands within any NRPA
that are publicly owned shall be as set forth in sections 2.03.05
(B)(1 Ha), (b) and (c), respectively.
(3) For privately owned lands within a NRPA within the RFMU
DISTRICT, permitted and CONDITIONAL USES shall be those
,
as set forth in the RFMU DISTRICT Sending Lands (section
2.03.08 A.4.).
(4) For privately owned lands within a NRPA and designated
Estates, permitted and CONDITIONAL USES shall be those as
set forth in the Estates Designation within the Golden Gate Area
Master Plan. As these privately owned Estates Designated lands
are acquired for conservation purposes, the Comprehensive Plan
and will be amended to change the Designation to Conservation
and the property will be rezoned to the CON DISTRICT.
(5) There are approximately 15 sections of privately owned
land within a NRPA that are not designated Sending and are not
located within the RFMU DISTRICT. Eight (8) of these sections,
known as the "hole-in-the-doughnut," are located within the
South Golden Gate Estates NRPA and surrounded by platted
Estates LOTS, almost all of which have been acquired by the
State under the Florida Forever program as part of the Picayune
Strand State Forest. The remaining seven (7) sections are within
an approved mitigation bank located north and west of
Corkscrew Swamp Sanctuary. As these privately owned
Agricultural/Rural Designated lands are acquired for
conservation purposes, the Plan will be amended to change the
Designation to CON DISTRICT. Until such time as the
designation on these lands is change to CON DISTRICT,
Page 123 of 176
~. --
permitted and CONDITIONAL USES for these privately owned
lands shall be those set forth in underlying zoning district
D. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO)
1. PURPOSE AND INTENT. The NORTH BELLE MEADE OVERLAY
(NBMO) is unique to the RFMU DISTRICT because it is surrounded by areas
that are vested for DEVELOPMENT on three sides. Because this area is
largely undeveloped and includes substantial vegetated areas, the NBMO can
and does provide valuable habitat for wildlife, including endangered species.
The NBMO is intended to achieve a balance of both preservation and
opportunities for future DEVELOPMENT that takes into account resource
protection and the relationship between this area and the Estates developing
around the NBMO.
2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate
Estates to the north, east, and west and 1-75 to the south. This NBMO
comprises some 24 sections of land and approximately 15,550 acres and is
located entirely within the RFMU DISTRICT (section 2.03.08 A.).
Page 124 of 176
NORTH SEllE MEADE OVERLAY DISTRICT
GOLDEN GA TE BOULEVARD
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3. APPLICABILITY:
a. NBMO RECEIVING LANDS. Permitted, conditional, and
ACCESSORY USES within NBMO Receiving Lands shall be as set
forth in section 2.03.08 (A)(2) , except as provided in section 2.03.08
(0)(5). All other provisions of this Code that implement the Future Land
Use Element, Conservation and Coastal Management Element, or
Public Facilities Element, including but not limited to Chapters 3, 4 and
10, shall only be applicable to DEVELOPMENT in NBMO Receiving
Lands to the extent specifically stated in this section. However, all
DEVELOPMENT within NBMO Receiving Lands shall comply with all
non-environmental review procedures for site DEVELOPMENT plans
and platting as set forth in this Code.
b. NBMO NEUTRAL LANDS. Except as otherwise specifically
provided in section 2.03.08 0.4. and section 2.03.08 0.5.b., all
DEVELOPMENT within NBMO NEUTRAL LANDS shall be consistent
with section 2.03.08 A.3.
Page 125 of 176
.--
c. NBMO SENDING LANDS. Except as otherwise specifically provided
in section 2.03.08 0.4., all DEVELOPMENT with NBMO Sending
Lands shall be consistent with section 2.03.08 A.4.
4. GENERAL PLANNING AND DESIGN CONSIDERATIONS:
a. TRANSPORTATION. As a condition for the approval of the
residential component of any $.UBDIVISION plat, site DEVELOPMENT
plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the
following transportation related improvements and planning and design
elements shall be addressed and provision made for their completion.
(1 ) An extension of Wilson Boulevard shall be provided,
including ROW dedication and construction to County collector
road standards, through Section 33, Range 27 East, extending to
the south to Interstate 75 via an interchange or service road for
residential DEVELOPMENT should it commence in Sections 21,
28 and 27. The portion of Wilson Boulevard that traverses
through NBMO Sending Lands shall be designed with aquatic
species crossings and small terrestrial animal crossings. I
I
!
(2) As an alternative to (1) above, a haul road along an
extension of Wilson Boulevard shall be improved to standards
sufficient, in the opinion of County transportation staff, to safely
serve earth-mining activities with a connection through Sections
32 and 31 to Landfill Road.
(3) Lands required for the extension of Wilson Boulevard will be
dedicated to Collier County at the time of rezoning. The RIGHT-
OF-W A Y shall be of a sufficient size to accommodate collector
road requirements.
(4) All new roads and road improvements, other than the Wilson
Boulevard extension and the haul road referenced in 2 above,
shall:
(a) be routed so as to avoid traversing publicly owned
natural preserves, publicly owned parks, publicly owned
recreation areas, areas identified as environmentally
sensitive wildlife habitat, wildlife corridors, and greenways
unless there is no feasible and prudent alternative; and
(b) be designed with aquatic species crossings, small
terrestrial animal crossings, and large terrestrial animal
crossings pu rsuant to Florida Fish and Wildlife
Conservation Commission criteria.
Page 126 of 176
b. BUFFERING. The western 1/4 of Sections 22 and 27 shall be
BUFFERED from the NBMO NRPA to the east by a BUFFER
preservation that includes all of the eastern Y2 of the westem 1/4 of
Sections 22 and 27. This BUFFER shall consist of lake excavation
areas between the Wilson Boulevard extension road RIGHT-OF-WAY
and the NRPA.
c. GREENWAY. A Greenway that follows natural FLOWWAYS, as
contemplated in the Community Character Plan prepared by Dover
Kohl, shall be created within NBMO Sending Lands. As a condition to
the creation of TOR CREDITS from NBMO Sending Lands that
constitute natural FLOWW A YS, such lands shall be dedicated to a
public or private entity for use as part of the Greenway.
5. ADDITIONAL SPECIFIC AREA PROVISIONS
a. RECEIVING LANDS
(1) DENSITY.
(a) The base DENSITY in RFMU RECEIVING LANDS,
outside of a RURAL VILLAGE is one dwelling unit per five
(5) gross acres.
(b) This DENSITY may be increased, through TDR
CREDITS, up to a maximum of 1 dwelling unit per gross
acre.
(c) Once a DENSITY of 1 dwelling unit per gross acre is
achieved through TOR CREDITS, additional may be
achieved as follows:
i. 0.1 dwelling unit per acre for each acre of NATIVE
VEGETATION preserved on-site;
ii. 0.1 dwelling unit per acre for each acre of
WETLANDS having a functionality value, as assessed
using the South Florida Water Management District's
Unified WETLANDS Mitigation Assessment Method, of
0.65 or greater that are preserved on-site; and/or
iii. 0.1 dwelling unit per acre for each acre of NBMO
Sending Land that is within either a NRPA or a
BUFFER area adjoining a NRPA that is dedicated to a
public or private entity for conservation use.
Page 127 of 176
- -- ,,-_.'- - - --
(2) The earth mining operation and asphalt plant uses that
currently exist within NBMO Receiving Lands may continue and
may expand as follows:
(a) Until June 19, 2004, or such other date as the GMP is
amended to provide, such uses may expand only into the
western half of ,$ection 21 and shall not generate truck
traffic beyond average historic levels.
(b) Such mining operations and an asphalt plant may
expand on Sections 21 and 28 and the westem quarters
of 22 and 27 as a permitted use if either of the following
occur by June 19, 2004, or such other date as the GMP is
amended to provide:
i. an alignment has been selected, funding has been
determined, and an accelerated construction schedule
established by the BCC and the mine operator, for an
east-west connector roadway between County Road
951 and the Wilson Boulevard extension; or I
I
ii. the mine operator commits to construct a private
haul road by June 19, 2006, or such other date as the
GMP is amended to provide, without the use of any
public funds.
(c) If the conditions for expansion set forth in b above are
not satisfied, any mining operations or asphalt plant in
these areas, other than continued operations on the
westem half of Section 21 at historic levels, shall be
permitted only as a conditional use.
(3) A GREENBELT is not required for any DEVELOPMENT
in NBMO Receiving Lands, whether inside or outside of a
RURAL VILLAGE.
(4) NBMO RURAL VILLAGE. A NBMO RURAL VILLAGE
shall adhere to the provisions for RURAL VILLAGE set forth in
section 2.03.08 (A)(2)(b), except as follows:
(a) DENSITY. An NBMO RURAL VILLAGE shall have a
minimum gross DENSITY of 1.5 DWELLING UNITS per
acre and a maximum gross DENSITY of three (3)
DWELLING UNITS per acre.
Page 128 of 176
i. The minimum required DENSITY shall be achieved
through TOR and BONUS CREDITS, as provided in
section 2.03.08 (A)(2)(b)(3)(C).
ii. Once the minimum required DENSITY is achieved,
additional DENSITY may be achieved, up to the
maximum of three (3) DWELLING UNITS per gross
acre through anyone or combination of the following:
a) TDR CREDITS;
b) 0,3 dwelling unit per acre for each acre of
NATIVE VEGETATION preserved on-site;
c) 0.3 dwelling unit per acre for each acre of
WETLANDS having a functionality value, as
assessed using the South Florida Water
Management District's Unified WETLANDS
Mitigation Assessment Method, of 0.65 or greater
that are preserved on-site; and/or
d) 0.3 dwelling unit per acre for each acre of
NBMO Sending Land that is within either a NRPA
or a BUFFER area adjoining a NRPA that is
dedicated to a public or private entity for
conservation use.
(b) SIDEWALKS shall be required on both sides of the
STREETS.
(c) Interconnected BIKE LANES shall be provided on all
collector and arterial roadways.
(d) Schools shall be located within a NBMO RURAL
VILLAGE whenever possible, in order to minimize
bussing of students. Furthermore, whenever possible,
schools shall be co-located with other public facilities and
civic STRUCTURES, such as parks, libraries, community
centers, public squares, greens, and civic areas.
(e) Elementary schools shall be accessible by local
STREETS and pedestrian and bicycle facilities and shall
be located in or ADJACENT to the RURAL VILLAGE
CENTER, provided that local STREETS provide access
adequate to meets the needs of the School Board.
Page 129 of 176
..' -'-_._"---_.~--- .~ ----
b. NEUTRAL LANDS. NEUTRAL LANDS shall be governed by the
standards set forth in section 2.03.08 (A)(3) , with the exception that, in
those NEUTRAL LANDS located in Section 24, Township 49 South,
Range 26 East, a minimum of 70% of the NATIVE VEGETATION
present shall be preserved.
2.03.09 Districts Under Moratorium
[RESERVED]
2.04,00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING
DISTRICTS
2.04,01 Rules for Interpretation of Uses
In any zoning district, where the list of permitted and CONDITIONAL USES
contains the phrase "any other use which is comparable in nature with the
foregoing uses and is consistent with the permitted uses and purpose and
intent statement of the district" or any similar phrase which provides for a use
which is not clearly defined or described in the list of permitted and
CONDITIONAL USES, which requires the discretion of the County Manager or
designee as to whether or not it is permitted in the district, then the
determination of whether or not that use is permitted in the district shall be
made through the process outlined in section 1.06.00, interpretations, of this
LDC.
2.04.02 Effect of Approvals Under the Zoning Reevaluation Ordinance
Any use or STRUCTURE that has been granted a COMPATIBILITY
exception, an exemption, or vested rights pursuant to the Collier County
Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990), shall be a
permitted use in the zoning district in which it is located to the extent of its
approved maximum DENSITY or intensity of use and to the extent that it
remains effective. Such use or STRUCTURE shall nevertheless comply with
all other requirements and regulations of the LOC.
2.04,03 Table of Land Uses in Each Zoning District
The following tables identify the uses that are permissible by right in each
zoning district and the uses that are allowable as CONDITIONAL or
ACCESSORY USES.
Page 130 of 176
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Residential Multiple Family-6 - RMF-6
Residential Multiple Family-12 - RMF-12
Residential Multiple Family-16 - RMF-16
Resldantlal Tourist - AT
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"'0 "'0 "'0 "'0 Commercial Intermediate - C-3
"'0 "'0"0 Genaral Commercial - c-4
"'0 "'0 "'0 Heavy Commercial - c-s
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Community Facility - CF
Golden Glades Parkway Professional
Office Commercial
"'0 Farm Market Overlay (Immokalae)
"'0 Agribusiness Overlay (Immokalea)
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Residential Subdistrict (R-1)
Residantlal Subdistrict 2 (R-2)
Residential Subdistrict 3 (R-3)
--.. ----"
1lI1l1l:11 ClIm "0
HIii' )( II II
:Ii;- !'i 'i
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Residential Multiple Family-6 - RMF-6
Residential Multiple Family-12 - RMF-12
Residential Multiple Family-16 - RMF.16
Residential Tourist - RT
"0
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2-
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(l) Commercial Convenience - Co2
Commercial Intermediate - C-3
General Commercial - c-4
Heavy Commercial - CoS
Community Facility - CF
--..-
Golden Glades Parkway Professional
Office Commercial
Farm Market Overlay (Immokalee)
Agribusiness Overlay (Immokalee)
Residential Subdistrict (R-1)
Residential Subdistrict 2 (R-2)
Residential Subdistrict 3 (R-3)
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III
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2.05.00 DENSITY STANDARDS
2.05.01 DENSITY Standards and Housing Types
A. Where residential uses are allowable, the following DENSITY
standards and housing type criteria shall apply.
Housing Type: -
"
>- CD '" ~I
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CiS Q ::IE ::E (j CJ uS ;:: a: acre)
GC Two
A ./ S ./ 1/5 acres
E ./ ./ 1/2~ acres
RSF-1 ./ ./ ./ 1/0.a.
RSF-2 ./ ./ ./ 21a.a.
RSF-3 ./ ./ ./ 3/0.a.
RSF-4 ./ ./ ./ 4/a.a. I
RSF-5 ./ ./ ./ 5/0.a. ,
RSF-6 ./ ./ ./ 6/a.a.
RMF-6 ./ ./ ./ ./ ./ DRS UD to 6/0.a.
RMF-12 S ./ ./ DRS UP to 1210.a.
RMF-16 ./ ./ DRS UD to 16/0.a.
RT' ./ ./ 161acre within activity
center
./ ./ ./ DRS UD to 16/0.a.
VR ./ ./ ./ DRS UD to 7.26/0.a.
./ ./ DRS UP to 8.71/0.a.
./ ./ DRS UD to 14.5210.a.
MH<l ./ One ./ DRS UP to 7.26/0.a.
TTRVC One ./ 121acre
C-1 One
C-2 One
C-3 One
C-4 One
C-5 One
I One
BP One
CON ./ 1/5 acres
1/3 acres Bio Cypress
BMUD S S 121acre
R-1 ./ ./ ./ ./
R-2 ./ ./ ./ ./
GZO Per underlvino zonina district
VB-RT ./ ./ 1./
Legend: S = permitted subject to supplemental standards
g.a. = gross acre
20 RECREATIONAL VEHICLES include travel trailers, park models, pickup coaches, and motor homes
Page 163 of 176
--, --,~........ ~,.- -
OSF = density rating system .
1 RECREATIONAL VEHICLES include travel trailers, park models, pickup coaches, and motor homes.
2 In the MH district, modular homes are allowable.
3 A maximum of twenty-six (26) units per acre for HOTELS and MOTELS, and sixteen (16) units per acre
for timeshares and multifamily uses when located within an activity center or if the AT zoning was in
existence at the time of adoption of this LOC. For properties located outside an activity center or if the RT
zoning was not in existence at the time of adoption of this LOC, DENSITY shall be determined through
application of the DENSITY rating system, up to a maximum of sixteen (16) units per acre. The
calculation of DENSITY shall be based on the land area defined by a LOT(s) of record.
B. Acreage associated with historical/archaeological resources preserved
within the boundaries of a project shall be included in calculating the
project1s permitted DENSITY.
2.05.02 DENSITY BLENDING
A. PURPOSE. In order to encourage unified plans of DEVELOPMENT
and to preserve WETLANDS, wildlife habitat, and other natural features
that exist within properties that straddle the Future Land Use Urban Mixed
Use and Rural Fringe Mixed Use Districts that were in existence and
either owned or under contract for purchase by the APPLICANT as of
June 19, 2002, or the Urban and Rural Designation as provided for in the
Immokalee Area Master Plan, the allowable gross DENSITY in aggregate
(and intensity in the case of those lands identified as eligible in the
Immokalee Area Master Plan) may be distributed throughout the project,
regardless of whether or not the DENSITY or intensity allowable for a
portion of the project exceeds that which is otherwise permitted by the
Future Land Use Element or Immokalee Area Master Plan as the case
may be, subject to the conditions and limitations set forth in section
2.05.02 (B) below.
B. CONDITIONS AND LIMITATIONS.
1. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL
LANDS. DENSITY BLENDING between properties straddling either
the Urban Residential Subdistrict or Urban Residential Fringe
Subdistrict and either Neutral or Receiving Lands within the RFMU
DISTRICT is permitted, subject to all of the following conditions and
limitations:
a. The project straddles either the Urban Residential Sub-
District or Urban Residential Fringe Sub-District and either the
RFMU DISTRICT Neutral or Receiving Lands..
b. The project in aggregate is at least 80 acres in size.
Page 164 of 176
c. At least 25% of the project is located within the Urban Mixed
Use District.
d. The entire project is located within the Collier County Sewer
and Water District Boundaries and will utilize central water and
sewer to serve the project unless interim provisions for sewer and
water are authorized by Collier County.
e. The project is currently zoned or will be rezoned to a PUD.
f. DENSITY to be shifted to the RFMU DISTRICT from the
Urban Residential Sub-District is to be located on impacted lands,
or the DEVELOPMENT on the site is to be located so as to
preserve and protect the highest quality NATIVE VEGETATION
and/or habitat on-site and to maximize the connectivity of such
NATIVE VEGETATION and/or habitat with ADJACENT
preservation and/or habitat areas.
g. The entire project shall meet the applicable preservation
standards of the RFMU DISTRICT as set forth in Chapter 4. These
preservation requirements shall be calculated based upon, and
apply to, the total project area.
2. PROPERTIES STRADDLING RFMU SENDING LANDS.
DENSITY BLENDING between properties straddling the Urban
Residential Fringe Subdistrict and Sending Lands in the RFMU
DISTRICT is permitted subject to all of the following conditions and
limitations:
a. The project straddles the Urban Residential Fringe Sub-
District and the RFMU DISTRICT Sending Lands.
b. The project in aggregate is at least 400 acres.
c. At least 25% of the project is located within the Urban
Residential Fringe Sub-District.
d. The project must extend central water and sewer (from the
urban designated portion of the project) to serve the entire project,
unless alternative interim sewer and water provisions are
authorized by Collier County; and
e. The Project is currently zoned or will be zoned PUD.
f. The DENSITY to be shifted to the RFMU DISTRICT Sending
Lands shall be located on impacted or disturbed lands, or shall be
Page 165 of 176
-."--
located so as to preserve and protect the highest quality NATIVE
VEGETATION and/or habitat with ADJACENT preservation and/or
habitat areas.
g. NATIVE VEGETATION shall be preserved as follows:
i. As identified in Chapter 4 in those portions of the
Project to be located in the Urban Residential Fringe
Subdistrict.
ii. In those portions of the Project to be located in the
RFMU DISTRICT Sending Lands, the NATIVE
VEGETATION preservation requirement shall be 90% of the
NATIVE VEGETATION, not to exceed 60% of the area of
the Project designated as RFMU DISTRICT Sending Lands.
iii. Where wetland areas are impacted through the
DEVELOPMENT process, but resulting WETLANDS
functions, including functions relating to habitat and
FLOWW A YS, are enhanced, such wetland areas shall be
credited toward satisfaction of the NATIVE VEGETATION
preservation requirements and shall not be considered
impacted. These wetland areas may be used for water
storage provided that the water discharged in these areas is
pre-treated.
h. Permitted uses for DENSITY BLENDING under this
provision include residential DEVELOPMENT and associated
amenities, including golf courses meeting the criteria for golf
courses within the Neutral area. This provision is not intended to
eliminate any uses permitted within the applicable underlying
zoning district(s).
3. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA
AND THE RLSA DISTRICT. DENSITY and Intensity Blending between
properties straddling the Immokalee Urban Area and the RLSA District
shall be permitted, subject to all of the following conditions and
limitations:
a. The project in aggregate must be a minimum of 200 acres in
size.
b. The lands from which DENSITY and/or, blending are shifted
must be within the Immokalee Urban Area must be designated
RecreationalfT ou rist District.
Page 166 of 176
c. The lands within the Immokalee Urban Area from which
DENSITY and/or intensity are shifted must have a FLUCCS Code
designation of Group 1 or Group 2 and an Index Value of greater
than 1.2, both as indicated on the Natural Resource Index.
d. DENSITY and/or intensity may only be shifted from the lands
within the Immokalee Urban Area containing the Index Value (as
measured above), on an acre per acre basis, to lands within an
SRA having an Index Value of 1.2 or less.
e. Lands from which the DENSITY and/or intensity has been
shifted, shall be placed in a conservation EASEMENT in perpetuity.
2.06.00 AFFORDABLE HOUSING DENSITY Bonus
2.06.01 Generally
A. Within most of the coastal urban designated areas identified on the
future land use map of the Collier County GMP, a base DENSITY of
four (4) residential DWELLING UNITS per gross acre is permitted.
However, the base DENSITY may be adjusted depending on the
characteristics of the DEVELOPMENT . One characteristic of a
housing DEVELOPMENT which would allow the addition of DENSITY
bonuses in order to increase the DENSITY over the base DENSITY is
the provision of AFFORDABLE HOUSING in the DEVELOPMENT .
The provision of AFFORDABLE HOUSING units may add up to eight
(8) DWELLING UNITS per gross acre to the base DENSITY of four (4)
residential DWELLING UNITS per gross acre, for a total of twelve (12)
residential DWELLING UNITS per gross acre, plus any other
DENSITY bonuses available, and minus any DENSITY reduction for
traffic congestion area required, pursuant to the Collier County GMP.
The total eligible DENSITY must not exceed a total of sixteen (16)
DWELLING UNITS per gross acre, except as allowed through use of
transfer of DEVELOPMENT rights, as provided for in the growth
management plan. The program to accomplish this increase to
provide AFFORDABLE HOUSING is called the AFFORDABLE
HOUSING DENSITY Bonus (ADHB) program.
Within most of the Immokalee Urban area, as identified on the
Immokalee area master plan future land use map of the growth
management plan, base densities are four or six or eight residential
DWELLING UNITS per gross acre. However, the base DENSITY may
be adjusted depending on the characteristics of the DEVELOPMENT.
One characteristic of a housing DEVELOPMENT that would allow the
addition of DENSITY bonuses is the provision of AFFORDABLE
HOUSING in the DEVELOPMENT. The provision of AFFORDABLE
HOUSING units may add up to eight DWELLING UNITS per gross
acre to the base DENSITY of four, six or eight residential DWELLING
UNITS per gross acre, for a total of twelve, fourteen or sixteen
Page 167 of 176
-,,------...--..-.-..--.---" . - ._---_.~-- -
residential DWELLING UNITS per gross acre, plus any other
DENSITY bonuses available. The total eligible DENSITY must not
exceed a total of 16 DWELLING UNITS per gross acre.
Within the Rural Lands Stewardship Area Overlay of the
Agricultural/Rural area, as identified on the future land use map of the
growth management plan, towns, villages, hamlets and compact rural
DEVELOPMENT s are allowed at a DENSITY range of one-half to four
DWELLING UNITS per gross acre. The allowed DENSITY may be
adjusted depending on the characteristics of the DEVELOPMENT.
One characteristic of a housing DEVELOPMENT that would allow the
addition of DENSITY bonuses is the provision of AFFORDABLE
HOUSING in the DEVELOPMENT. The provision of AFFORDABLE
HOUSING units may add up to eight DWELLING UNITS per gross
acre to the allowed DENSITY of one-half to four DWELLING UNITS
per gross acre, for a total of eight and one-half to twelve and one-half
residential DWELLING UNITS per gross acre, plus any other
DENSITY bonuses available.
B. In order to qualify for the AHDB for a DEVELOPMENT, the developer
must apply for and obtain the AHDB from the County for a
DEVELOPMENT in accordance with this section, especially in
accordance with the provisions of the AHDB program, including the
AHDB rating system, the AHDB monitoring program, and the
limitations on the AHDB.
1. Preapplication conference. Prior to submitting an application for
AHDB, a preapplication conference may be scheduled with the
County Manager or his designee. If the proposed DEVELOPMENT
is to include AFFORDABLE HOUSING, the housing and urban
improvement director must participate in the preapplication
conference. The preapplication conference provides an opportunity
to familiarize the APPLICANT with the AHDB program and
provides an opportunity for the county staff to obtain a clear
understanding of the proposed DEVELOPMENT. The AHDB rating
system, the AHDB monitoring program, the limitations, criteria,
procedures, standard conditions, standard forms, and other
information will be discussed and made available to the
APPLICANT. Depending on the type of DEVELOPMENT
proposed, the application may be combined with an application for
a planned unit DEVELOPMENT (PUD), a rezone, or a
Stewardship Receiving Area.
2. Application. An application for AHDB for a DEVELOPMENT
must be submitted to the County Manager or his designee in the
form established by the County Manager or his designee. One
additional copy of the application as otherwise required must be
Page 168 of 176
provided for the housing and urban improvement director. The
application must, at a minimum, include:
a. Zoning districts proposed by the APPLICANT on the
property and acreage of each;
b. The total number of residential DWELLING UNITS in the
proposed DEVELOPMENT, categorized by number of
bedrooms and whether the unit is to be rented or owner-
occupied;
c. The total number of AHDB units requested, categorized
by number of bedrooms and whether the unit is to be rented
or owner-occupied;
d. Total number of AFFORDABLE HOUSING units
proposed in the DEVELOPMENT categorized by level of
income, number of bedrooms, and rental units and owner-
occupied units:
i. Moderate income households (one bedroom, two
bedrooms, or three bedrooms or more).
ii. Low income households (one bedroom, two
bedrooms, or three bedrooms or more).
iii. Very low income households (one bedroom, two
bedrooms, or three bedrooms or more).
iv. Total AFFORDABLE HOUSING units (one
bedroom, two bedrooms, or three bedrooms or more).
e. Gross DENSITY of the proposed DEVELOPMENT;
f. Whether the AHDB is requested in conjunction with
an application for a planned unit DEVELOPMENT (PUD), an
application for rezoning, or an application for a Stewardship
Receiving Area; and
g. Any other information which would reasonably be
needed to address the request for AHDB for the
DEVELOPMENT pursuant to the requirements set forth in
this section.
3. Determination of completeness. After receipt of an application
for AHDB, the housing and urban improvement director shall
Page 169 of 176
._,,-.-.-
determine whether the application submitted is complete. If he
determines that the application is not complete, the housing and
urban improvement director shall notify the APPLICANT in writing
of the deficiencies. The housing and urban improvement director
shall take no further steps to process the application until the
deficiencies have been remedied.
4. Review and recommendation by the housing and urban
improvement director. Atter receipt of a completed application for
AHDB, the housing and urban improvement director must review
and evaluate the application in light of the AHDB rating system, the
AHDB monitoring program and the requirements of this division.
The housing and urban improvement director must coordinate with
the DEVELOPMENT services director to schedule the AHDB
application with the companion application for rezoning, planned
unit DEVELOPMENT or stewardship receiving area, and must
recommend to the planning commission and the board of county
commissioners to deny, grant, or grant with conditions, the AHDB
application. The recommendation of the housing and urban
improvement director must include a report in support of his
recommendation. ,
5. Review and recommendation by the planning commission.
Upon receipt by the planning commission of the application for
AHDB and the written recommendation and report of the housing
and urban improvement director, the planning commission must
schedule and hold a properly advertised and duly noticed public
hearing on the application. If the application has been submitted in
conjunction with an application for a PUD, then the hearing must be
consolidated and made a part of the public hearing on the
application for the PUD before the planning commission, and the
planning commission must consider the application for AHDB in
conjunction with the application for the PUD. If the application has
been submitted in conjunction with an application for a rezoning,
then the hearing must be consolidated and made a part of the
public hearing on the application for rezoning before the planning
commission, and the planning commission must consider the
application for AHDB in conjunction with the application for
rezoning. If the application has been submitted in conjunction with
an application for a stewardship receiving area, then the hearing
must be consolidated and made a part of the public hearing on the
application for stewardship receiving area before the planning
commission, and the planning commission must consider the
application for AHDB in conjunction with the application for
stewardship receiving area. After the close of the public hearing,
the planning commission must review and evaluate the application
Page 170 of 176
in light of the requirements of this division and the requirements for
a rezoning, PUD rezoning, or stewardship receiving area, as
applicable, and must recommend to the board of county
commissioners that the application be denied, granted or granted
with conditions.
6. Review and determination by board of county
commissioners. Upon receipt by the bo~rd of county
commissioners of the application for AHDB and the written
recommendation and report of the housing and urban improvement
director and recommendation of the planning commission, the
board of county commissioners must schedule and hold a properly
advertised and duly noticed public hearing on the application. If the
application has been submitted in conjunction with an application
for a planned unit DEVELOPMENT (PUD), then the hearing must
be consolidated and made a part of the public hearing on the
application for the planned unit DEVELOPMENT (PUD) before the
board of county commissioners, and the board of county
commissioners must consider the application for AHDB in
conjunction with the application for the planned unit
DEVELOPMENT (PUD). If the application has been submitted in
conjunction with an application for a rezoning, then the hearing
must be consolidated and made a part of the public hearing on the
application for rezoning before the board of county commissioners,
and the board of county commissioners must consider the
application for AHDB in conjunction with the application for
rezoning. If the application has been submitted in conjunction with
an application for a stewardship receiving area, then the hearing
must be consolidated and made a part of the public hearing on the
application for stewardship receiving area before the board of
county commissioners, and the board of county commissioners
must consider the application for AHDB in conjunction with the
application for stewardship receiving area. After the close of the
public hearing, the board of county commissioners must review and
evaluate the application in light of the requirements of this division
and the requirements for a rezoning, and must deny, grant, or grant
with conditions, the application in accordance with the AHDB rating
system and the AHDB monitoring program.
C. The procedures to request approval of a DENSITY bonus are
described in Chapter 10 of this LDC, along with requirements for the
developer's agreement to ensure compliance.
2.06.02. Purpose and Intent
A. Section 2.06.00 is intended to implement and be consistent with the
GMP,. ~ 163.3161 et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated
Page 171 of 176
..~_.,
Settlement Agreement in DOAH Case No. 89-1299 GM, by providing
for moderate, low, and very low income housing through the use of
DENSITY bonuses which allow an increase in the number of
residential DWELLING UNITS per acre allowed on property proposed
for DEVELOPMENT, thereby decreasing the per unit cost of land and
DEVELOPMENT.
B. This objective is accomplished by implementing an AHDB program
which consists of an AHDB rating system and an AHDB monitoring
program. The purpose of the AHDB rating system is to provide
increased residential densities to developers who guarantee that a
portion of their housing DEVELOPMENT will be affordable by
households of moderate, low, or very low income, thus expanding
housing opportunities for moderate, low, and very low income
households throughout the County. The purpose of the AHDB
monitoring program is to provide assurance that the program is
properly implemented, monitored, and enforced, and that useful
information on AFFORDABLE HOUSING may be collected.
2.06.03 AHDB Rating System I
A. The AHDB rating system shall be used to determine the amount of the
AHDB which may be granted for a DEVELOPMENT, based on
household income level, number of bedrooms per AFFORDABLE
HOUSING unit, type of AFFORDABLE HOUSING units (owner-
occupied or rental, single-family or multi-family, and percentage of
AFFORDABLE HOUSING units in the DEVELOPMENT. To use the
AHDB rating system, Tables A and B, below, shall be used. Tables A
and B shall be reviewed and updated, if necessary, on an annual basis
by the BCC or its designee.
1. First, choose the household income level (moderate, low, or very
low) of the AFFORDABLE HOUSING unit(s) proposed in the
DEVELOPMENT, and the type of AFFORDABLE HOUSING units
(owner-occupied or rental, single-family or multi-family, where
applicable) to be provided, as shown in Table A. Then, referring
again to Table A, choose the number of bedrooms proposed for
the AFFORDABLE HOUSING unit(s). An AHDB rating based on
the household income level and the number of bedrooms is shown
in Table A.
Table A.
Number of Bedrooms/Unit
Level of Household Efficiency and 1 12 13 or More
Income
Page 172 of 176
Moderate (only 0 1* 1*
owner-occupied,
sin le-famil
Low (owner-occupied 2 3 4
or rental, single-
famil or multi-famil
Very low (owner- 3 4 5
occupied or rental,
single-family or multi-
famil '..
*For cluster housing DEVELOPMENT s in the urban coastal fringe, add one (1)
DENSITY bonus to obtain two (2).
2. After the AHDB rating has been determined in Table A, locate it in
Table B, and determine the percentage of that type of
AFFORDABLE HOUSING unit proposed in the DEVELOPMENT
compared to the total number of DWELLING UNITS in the
DEVELOPMENT. From this determination, Table B will indicate
the maximum number of residential DWELLING UNITS per gross
acre that may be added to the base DENSITY. These additional
residential DWELLING UNITS per gross acre are the maximum
AHDB available to that DEVELOPMENT. DEVELOPMENTS1 with
percentages of AFFORDABLE HOUSING units which fall in
between the percentages shown on Table B shall receive an
AHDB equal to the lower of the two (2) percentages it lies
between, plus one-tenth (1/10) of a residential DWELLING UNIT
per gross acre for each additional percentage of AFFORDABLE
HOUSING rental units in the DEVELOPMENT. For example, a
DEVELOPMENT which has twenty-four (24) percent of its total
residential DWELLING UNITS as AFFORDABLE HOUSING units,
and which has an AHDB rating of "4" will receive an AHDB of 4.4
residential DWELLING UNITS per gross acre for the
DEVELOPMENT.
Table B. (Additional available DWELLING UNITS per Qross acre)
% of Affordable HousinQ Units
AHDB Rating 10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
3. Where more than one (1) type of AFFORDABLE HOUSING unit
(based on level of income and number of bedrooms shown in
Table A) is proposed for a DEVELOPMENT, the AHDB for each
type shall be calculated separately in Table B. After the AHDB
calculations for each type of AFFORDABLE HOUSING unit have
been completed in Table B, the AHDB for each type of unit shall be
Page 173 of 176
"-"
added to those for the other type(s) to determine the maximum
AHDB available for the DEVELOPMENT. In no event shall the
AHDB exceed eight (8) DWELLING UNITS per gross acre.
B. The AHDB shall be available to a DEVELOPMENT only to the extent
that it otherwise complies and is consistent with the GMP and the land
DEVELOPMENT regulations, including the procedures, requirements,
conditions, and criteria for "PUDs" and rezonings, where applicable.
C. The minimum number of AFFORDABLE HOUSING units that shall be
provided in a DEVELOPMENT pursuant to this section shall be ten
(10) AFFORDABLE HOUSING units.
Page 174 of 176
2.07.00 Table of Setbacks for Base Zoning Districts.
Zoning Minimum Front Minimum Side Yard (feet) Minimum Rear Yard Public
District Yard (feet) (feet) School
Require-
ments
GC None None None
A 50 30 50 X
E 75 30 75 X
RSF-1 50 30 50 X
RSF-2 40 20 30 X
Waterfront Non-
RSF-3 30 waterfront
7.5 25 X
10
,
RSF-4 25 10 7.5 25 X
RSF-5 25 10 7.5 20 X
RSF-6 25 10 7.5 20 X
RMF-6 S.F. 25 NA 7.5 20 I
Duplex 25 NA 10 20 X
3 + units 30 NA 15 20
RMF-12 30 A 30 X
RMF-16 B A B X
RT B A B X
Waterfront Non-
waterfront
VR S.F. IMH 20 10 5 20 X
Duplex 35 15 15 30
M.F. 35 15 15 30
Waterfront Non-
MH1 25 10 waterfront 10 X
7.5
Waterfront Non-
TTRVC2 30 10 5 waterfront
10 8
1 MH District - additional YARD requirements: side YARD SETBACK from a public road that is external to the
boundary of the park = 50 ft.; the minimum SETBACK on any side from the exterior boundary of the park = 15ft,
2 ITRVC District - additional YARD requirements: SETBACK from exterior boundary of park = 50 ft.;
SETBACK from an external STREET = 50 ft., SETBACK from an internal STREET = 25 ft.; SETBACK from
any building or other STRUCTURE = 10 ft.
Page 175 of 176
~",.. -~'._.
Zoning Minimum Front Minimum Side Yard (feet) Minimum Rear Yard Public
District Yard (feet) (feet) School
Require-
ments
Residential Non- Residential Non-
C-1 25 25 residential 25 residential X
15 15
C-2 25 25 15 25 15 X
C-3;' C 25 A 25 A X
C-44 D 25 A 25 A X
C-5" 25 25 15 25 A X
14 25 50 E 50 15 X
BP 50 50 10 50 25
CON 50 50 50
P F F F X
Residential Non- Residential Non-
CF 25 residential residential X
25 15 25 15
Overlay See table of special design requirements applicable to overlay districts,
Districts
A = 50% of the building height, but not less than 15 feet.
B = 50% of the building height, but not less than 30 feet.
C = 50% of the building height, but not less than 25 feet.
D = 50% of the building height, but not less than 25 feet. STRUCTURES 50 feet or more in height = 25 feet plus
one additional foot of SETBACK for each foot of building height over 50 feet.
E = the total of all side YARD SETBACKS shall equal 20% of the LOT width, with a maximum of 50 feet. No
side YARD shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified
plan of DEVELOPMENT involving one or more LOTS under common ownership where the YARD requirements
are met for the unified site but not necessarily for each PARCEL within the unified site.
F = the YARD requirements shall be equal to the most restrictive adjoining district.
X = for PRINCIPAL STRUCTURES: 50 feet from all property lines; for accessory STRUCTURES: 25 feet from
all property lines,
3 C-3 District - minimum SETBACK on any side that is waterfront = 25 ft,; SETBAC~ for MARINAS = none.
4 C-4 and C-5 Districts - minimum SETBACK on any side that is waterfront = 25 ft,; SETBACK for MARINAS =
none; SETBACK on any side ADJACENT to a railroad RIGHT-OF-WAY = none
Page 176 of 176
r ~r ~~~ x, Y'? ~ ~~ ~ . : ~ ~'~~"~J~" f'~~~~:~~~~~P: : (~'=1jJ ~ ~ ~Y'~~"~" " 'c ~ - - ~- , ~ , ~,
~ -!
~ , " J:~, " W:'l ~ ,
b~, .',J,~,;~;,;~:L'~~ :",~:::1 ,1~l ]I '1
<<-0 ~ < ~ ,~", , "
3.01.00 GENERALLY
3.02.00 FLOODPLAIN PROTECTION '..
3.02.01 Findings of Fact
3.02.02 Purpose
3.02.03 Applicability
3.02.04 Exemptions
3.02.05 Basis for Establishing the Areas of Special Flood Hazard
3.02.06 General Standards for Flood Hazard Reduction
3.02.07 Specific Standards for Construction Within Coastal High
Hazard Areas
3.02.08 Regulations Within the Floodways \
3.02.09 Regulations for Mobile Homes and Recreational Vehicles
3.02.10 Standards for Subdivision Plats
3.03.00 COASTAL ZONE MANAGEMENT
3.03.01 Generally
3.03.02 Applicability
3.03.03 Priority for Location of Structures, Development, or Site
Alterations
3.03.04 Procedures
3.03.05 Sea Level Rise
3.03.06 Native Vegetation Retention on Coastal Barriers
3.03.07 Undeveloped Coastal Barriers
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED
SPECIES
3.04.01 Generally
3.04.02 Species Specific Requirements
3.04.03 Penalties for Violation: Resort to Other Remedies
3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
3.05.01 Generally
..+-- .---
3.05.02 Exemptions from Requirements for Vegetation Protection and
Preservation
3.05.03 Procedures
3.05.04 Vegetation Removal and Protection Standards
3.05.05 Criteria for Removal of Protected Vegation
3.05.06 Management Plan Required
3.05.07 Preservation Standards
3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
3.05.09 Designation of Specimen Tree
3.05.10 Littoral Shelf Planting Area (LSPA)
3.06.00 WELLFIELD AND GROUNDWATER PROTECTION
3.06.01 Purpose and Intent
3.06.02 Protected Public Water Supply Wellfields
3.06.03 Description and Basis of Wellfield Risk Management Special
Treatment Overlay Zones
3.06.04 Groundwater Protection
3.06.05 Annual Review of Zones
3.06.06 Regulated Wellfields
3.06.07 Unregulated Wellfields
3.06.08 Determination of Location Within Wellfield Risk Management
Zones
3.06.09 Protection of Future Wellfields
3.06.10 Effect of Setbacks and Buffers from Sanitary Hazards as
Promulgated and Adopted in the Florida Administrative Code
3.06.11 Exempted Development
3.06.12 Regulated Development
3.06.13 Countywide Groundwater Protection Standards
CHAPTER 3 - RESOURCE PROTECTION
3.01.00 GENERALLY
[Reserved]
3.02.00 FLOODPLAIN PROTECTION
3.02.01 Findings of Fact
A. The FLOOD hazard areas of the County are subject to periodic
inundation, which could result in loss of life, property damage, health,
and safety hazards, disruption of commerce and govemmental
services, extraordinary public expenditures for FLOOD protection and
relief, and impairment of the tax base, all of which could adversely
affect the public health, safety, and general welfare.
B. These FLOOD losses are caused by the cumulative effect of
obstructions in FLOOD PLAINS causing increases in FLOOD heights
and velocities, and by the occupancy in FLOOD hazard areas by
STRUCTURES vulnerable to FLOODS or hazardous to the lands
which are inadequately elevated, floodproofed, or otherwise
inadequately protected from FLOOD damages.
3.02.02 Purpose
It is the purpose of this section to promote the public health, safety, and
general welfare, and to minimize public and private losses due to FLOOD
conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly and
environmentally unsound FLOOD control projects;
C. To minimize the need for rescue and relief efforts associated with
FLOODING and generally undertaken at the expense of the general
public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities, such as water and
gas mains, electric, telephone and sewer lines, STREETS, and bridges
located in AREAS OF SPECIAL FLOOD HAZARD;
F. To help maintain a stable tax base by providing for the sound use and
DEVELOPMENT of FLOOD PRONE AREAS in such a manner as to
minimize future FLOOD blight areas;
G. To ensure, to the greatest degree possible, that potential home buyers
are notified that property is in an AREA OF SPECIAL FLOOD
HAZARD; and
H. To ensure that those who occupy the AREAS OF SPECIAL FLOOD
HAZARD assume responsibilities for their action~.
3.02.03 Applicability
This section shall apply to all AREAS OF SPECIAL FLOOD HAZARD in
the unincorporated area of the County, and identified by the Federal
Page 1 of 80
---,.~
Insurance Administration in its FLOOD INSURANCE RATE MAP (FIRM),
dated June 3, 1986, and any revisions thereto.
3.02.04 Exemptions
MOBILE HOMES to be placed in an existing MOBILE HOME PARK shall
be exempt from the requirements of this section, provided such MOBILE
HOME PARK is not expanded or undergoes SUBSTANTIAL
IMPROVEMENT as defined herein.
3.02.05 Basis for Establishing the AREAS OF SPECIAL FLOOD HAZARD
The AREAS OF SPECIAL FLOOD HAZARD, are identified by the
Federal Insurance Administration, in a scientific and engineering report
entitled liThe FLOOD INSURANCE STUDY" for the County's
unincorporated area, dated June 3, 1986, with accompanying FIRM, dated
June 3, 1986.,. The FLOOD INSURANCE STUDY and accompanying
FI RM shall be on file and be open for public inspection in the office of the
Clerk to the BCC located in Building lip, Collier County Courthouse, 3301
Tamiami Trail, East, Naples, Florida 33962.
3.02.06 General Standards for FLOOD Hazard Reduction
In all AREAS OF SPECIAL FLOOD HAZARDS, the following provisions
are required:
A. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
shall be anchored to prevent flotation, collapse, or lateral movement of
the STRUCTURE.
B. NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS in the
A Zones may be built on unconstrained, but compacted, fill, if in
compliance with the Collier County Building Code Ordinance. No
significant water is permitted to flow from the subject premises onto
ABUTTING properties or into adjoining waters which are not County-
approved drainage system(s).
C. Residential Construction - new construction or SUBSTANTIAL
IMPROVEMENT of any residential STRUCTURE shall have the
LOWEST FLOOR elevated to or above the BASE FLOOD
ELEVATION.
D. Non-residential Construction - new construction and
SUBSTANTIAL IMPROVEMENTS of non-residential STRUCTURES
shall have the LOWEST FLOOR (including basement) elevated to or
above the BASE FLOOD level or, together with the attendant utility
and sanitary facilities, be designed so that, below the BASE FLOOD
level, the STRUCTURE is essentially waterproofed with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Floodproofing is
prohibited in the velocity (V) zones. The property owners shall provide
a certification by a registered professional engineer or registered
professional architect that the design standards of this section are
satisfied.
Page 2 of 80
E. All new construction and SUBSTANTIAL IMPROVEMENTS shall be
constructed with electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of FLOODING.
F. All new construction or SUBSTANTIAL IMPROVEMENTS shall be
constructed by methods and practices that will minimize FLOOD
damage.
G. Openings - all new construction and SUBSTANTIAL
IMPROVEMENTS with fully enclosed areas below the LOWEST
FLOOR that are subject to FLOODING shall be designed to
automatically equalize hydrostatic FLOOD forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect, or meet or exceed the following minimum criteria:
a minimum of two (2) openings having a total net area of not less than
one (1) square inch for every square foot of enclosed area subject to
FLOODING shall be provided. The bottom of all openings shall be no
higher than one (1) foot above the level of the floor they are to service.
Openings may be equipped with screens, louvers, valves, or other
coverings or devices, provided that they permit the automatic entry and
exit of floodwaters.
H. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
I. New and replacement sanitary SEW AGE SYSTEMS shall be designed
to minimize or eliminate inflow of flood waters into the systems and
discharges from the systems into FLOOD waters.
J. On-site waste disposal systems (including septic tanks) shall be
designed and/or located to minimize or eliminate impairment to, or
contamination from, them during FLOODING.
K. Emergency generators for standpipe systems, in accordance with the
requirements of the Collier County Building Code or other applicable
County Ordinances, must be located above the BASE FLOOD
ELEVATION level, and all fuel tanks for said generators must be
waterproofed and vented above the BASE FLOOD ELEVATION level.
L. Electrical transformer and/or switching vaults, pad-mounted
transformers, pad-mounted switches, and related facilities shall be
permitted as independent units below the minimum FLOOD elevation
level. Such STRUCTURES may be located within or outside a
BUILDING, and are not required to be waterproofed or constructed
with BREAKAWAY WALLS, provided registered professional engineer
or registered professional architect certifies that they will not adversely
affect the structural integrity of the BUILDING in which they are
located or any part thereof.
M. All meter enclosures for self-contained electric kilowatt-hour meters
serving BUILDINGS shall be located above the BASE FLOOD
Page 3 of 80
---- ,._--.
ELEVATION. If complying with this regulation results in a vertical
distance from finished GRADE to the center of the meter or meters of
more than six (6) feet, the meter enclosure shall be located on the
outside of an exterior wall with an unobstructed and ready ACCESS
from an open exterior stairway. When it is necessary to use a stairway
for ACCESS to a meter, the vertical distance from the tread of the
stairway to the center of the meter shall be four (4) to six (6) feet. The
meter shall be placed in a position that will not obstruct stairway traffic.
On multi-unit BUILDINGS, meters and meter Enclosures will be
allowed within the BUILDING, provided they are above the BASE
FLOOD ELEVATION and located in meter rooms.
3.02.07 Specific Standards for Construction Within COASTAL HIGH HAZARD
AREAS
A. COASTAL HIGH HAZARD AREAS within the AREAS OF
SPECIAL FLOOD HAZARD have special FLOOD hazards
associated with high velocity waters from tidal surge and hurricane
wave wash. Therefore, the following provisions shall apply:
1. All new construction and SUBSTANTIAL IMPROVEMENTS in
the COASTAL HIGH HAZARD AREA shall be elevated on
pilings and columns so that the bottom of the lowest horizontal
structural member of the LOWEST FLOOR (excluding the
pilings or columns) is elevated to or above the BASE FLOOD
level; and the pile or column foundation and STRUCTURE
attached thereto is anchored to resist flotation, collapse, and
lateral movement due to the effects of wind and water loads
acting simultaneously on all BUILDING components. Wind and
water loading values shall each have a one (1) percent chance
of being equaled or exceeded in any given year (10o-year
mean recurrence interval). A registered professional engineer or
architect shall develop or review the structural design,
specifications, and plans for the construction, and shall certify
that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the
provisions this paragraph.
2. All new construction and SUBSTANTIAL IMPROVEMENTS
within the COASTAL HIGH HAZARD AREA shall have the
space below the LOWEST FLOOR either free of obstruction or
constructed with non-supporting BREAKA WAY WALLS, open
wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion
of the BUILDING or supporting foundation system. For the
purposes of this section, a BREAKAWAY WALL shall have a
design safe loading resistance of not less than ten (10) and no
more than twenty (20), pounds per square foot. Use of
BREAKAWAY WALLS which exceed a design safe loading
Page 4 of 80
resistance of twenty (20) pounds per square foot (either by
design or when so required by local or State Codes) may be
permitted only if a registered professional engineer or architect
certifies that the design proposed meets the following
conditions:
a. BREAKAWAY WALL collapse shall result from a water load
less than that which could occur during the BASE FLOOD;
and
b. The elevated portion of the BUILDING and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects
of wind on BUILDING components (structural and non-
structural). Maximum wind and water loading values to be
used in this determination shall each have one (1) percent
chance of being equaled or exceeded in any given year
(1 ao-year mean recurrence interval). Such enclosed space
shall be usable solely for parking of vehicles, BUILDING
ACCESS, or storage.
3. All swimming pools within the COASTAL HIGH HAZARD
AREA shall be anchored to a pile or column foundation to resist
flotation, collapse, and lateral movement due to the effects of
wind and water loads acting simultaneously on the pool.
Exception: above-ground pools, for the private use of one- or
two-family DWELLINGS that are constructed with a vinyl liner
as the main component.
4. It is prohibited to use fill for structural support of BUILDINGS
within the COASTAL HIGH HAZARD AREA. It is prohibited to
ALTER sand DUNES and mangrove stands, within the
COASTAL HIGH HAZARD AREA, if the County Manager or
designee determines that such ALTERATION would increase
potential FLOOD damage.
3.02.08 Regulations Within the FLOODW A YS
A. When FLOODW A YS are designated within AREAS OF SPECIAL
FLOOD HAZARD, additional criteria shall be met. Since the
FLOODW A Y is an extremely hazardous area due to the velocity of
flood waters, which carry debris, potential projectiles, and erosion
potential, the following provision shall apply:
1. Encroachments, including fill, new construction, SUBSTANTIAL
IMPROVEMENTS and other DEVELOPMENTS, are prohibited,
unless the property owner provides a certification by a professional
registered engineer demonstrating that such encroachments shall
not result in a significant increase in FLOOD levels during
occurrence of the BASE FLOOD discharge. .
3.02.09 Regulations for MOBILE HOMES and RECREATIONAL VEHICLES
Page 5 af 80
~-._- ..-.
A. No MOBILE HOME shall be placed in a FLOODW A Y or COASTAL
HIGH HAZARD AREA, except in an existing MOBILE HOME PARK or
existing MOBILE HOME SUBDIVISION.
B. All MOBILE HOMES placed, or SUBSTANTIALLY IMPROVED, on
individual LOTS or PARCELS, in expansions to existing MOBILE
HOME PARKS or SUBDIVISIONS, must meet all the requirements for
new construction, including elevation and anchoring.
C. All MOBILE HOMES to be placed, or SUBST ANTI ALL Y IMPROVED,
in an existing MOBILE HOME PARK or SUBDIVrSION must be
elevated on a permanent foundation such that the LOWEST FLOOR of
the MOBILE HOME is at or above the BASE FLOOD ELEVATION,
and securely anchored to an adequately anchored foundation system
in accordance with the provisions of this LOC. This paragraph applies
to:
1. MOBILE HOMES to be placed, or SUBSTANTIALLY IMPROVED,
in an existing MOBILE HOME PARK or SUBDIVISION.
2. MOBILE HOMES to be placed, or SUBSTANTIALLY IMPROVED,
in an existing MOBILE HOME PARK or SUBDIVISION, except
where the repair, reconstruction, or improvement of the STREETS,
utilities, and pads equals or exceeds fifty (50) percent of the value
of the STREETS, utilities, and pads before the repair,
reconstruction, or improvement has commenced. Existing MOBILE
HOMES that are SUBSTANTIALLY IMPROVED will require
reinforced piers or other foundation elements that are no less than
thirty-six (36) inches in height above GRADE, or have their
LOWEST FLOOR at or above the BASE FLOOD ELEVATION, if
this allows for use of a lower foundation.
3. MOBILE HOMES in existing MOBILE HOME PARKS or
SUBDIVISIONS shall be elevated thirty-six (36) inches above
finished GRADE on reinforced piers when the repair,
reconstruction, or improvement of the STREETS, utilities, and
pads equals or exceeds fifty (50) percent of the value of the
STREETS, utilities, and pads before the repair, reconstruction, or
improvement has commenced.
O. All MOBILE HOME PARKS or SUBDIVISIONS must develop, and
have approved by the County Manager or designee, a plan for
evacuating the residents of existing MOBILE HOME PARKS or
SUBDIVISIONS.
E. All RECREATIONAL VEHICLES placed on sites within Zones AI-30,
AH, and AE on the community's FIRM shall either:
1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; or
Page 6 of 80
3. Meet the permit requirements of this section, and the elevation
and anchoring requirements for "MOBILE HOMES" in accordance
with this section.
F. A RECREATIONAL VEHICLE is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently
attached additions.
3.02.10 Standards for SUBDIVISION Plats
A. All SUBDIVISION plats shall be consistent with the need to minimize
FLOOD damage.
B. All SUBDIVISION plats shall have public utilities and facilities, such as
sewer, gas, electrical, and water systems, located and constructed to
minimize FLOOD damage.
C. All SUBDIVISION plats shall have adequate drainage provided to
reduce exposure to FLOOD hazards.
O. BASE FLOOD ELEVATION data shall be shown on the Master
Subdivision Plan.
E. All final plats presented for approval shall clearly indicate the finished
elevation above NGVO of the roads, the average finished elevation
above NGVO of the LOTS or homesite, and the minimum BASE
FLOOD ELEVATION above NGVO as required in this section.
3.03.00 COASTAL ZONE MANAGEMENT
3.03.01 Purpose
The purpose of this section is to manage and conserve the habitats,
species, natural SHORELINE, and DUNE systems in the County's
COASTAL ZONE, as defined in the Collier County GMP and herein,
through the identification, protection, CONSERVATION, and appropriate
use of native vegetative communities and wildlife habitats.
3.03.02 Applicability
A. New and existing DEVELOPMENT in the COASTAL ZONE shall be in
compliance with the goals, objectives, and policies of the
CONSERV A TION and Coastal Management Element (CCME) of the
Collier County GMP and with this LOC until the formal adoption by the
County of all land DEVELOPMENT regulations, ordinances, policies,
and programs which implement the COASTAL ZONE Management
Plan-1991, as adopted by the BCC, and as prescribed by the
CONSERVATION and Coastal Management Element of the Collier
County GMP.
B. In addition to these COASTAL ZONE regulations, all land
DEVELOPMENT activities on SHORELINES, and/or undeveloped and
developed coastal barriers, shall comply with the County's
environmental land DEVELOPMENT regulations, including, but not
limited to: section 2.03.07(0)(1), Special Treatment Overlay district
(ST); procedural requirements in Chapter 10; section 3.05.00,
Page 7 of 80
_ _ __,_. ,~,,__',,'__U'_ ----,-,--"
Vegetation Removal, Protection and Preservation; section 3.04.03, sea
turtle Protection; section 3.04.00, Endangered, Threatened or Listed
Species Protection; Chapter 10, Coastal Construction SETBACK LINE
variance; and as required by Vehicle on the BEACH Regulations in the
County Code of Ordinances.
3.03.03 Priority for Location of STRUCTURES, DEVELOPMENT, or Site
Alterations
A. Any proposed STRUCTURE or site alteration on a SHORELINE shall
be located within the boundaries of the subject PARCEL with the most
impacted coastal habitats existing on the subject PARCEL receiving
the highest priority for siting of the proposed STRUCTURE or site
alteration. The following categories of impacts, 1 through 7, shall be
used to determine the priority for location of DEVELOPMENT or site
alteration:
1. Areas presently developed.
2. Disturbed uplands.
3. Disturbed freshwater WETLANDS.
4. Disturbed brackish water and marine WETLANDS.
5. Viable unaltered uplands.
6. Viable unaltered freshwater WETLANDS.
7. Viable unaltered brackish water and marine WETLANDS.
B. If "1. Areas presently developed" exists on the subject PARCEL, it
shall be the preferred site for the proposed STRUCTURE or site
alteration. If "1" is not present, and "2. Disturbed uplands" exists on the
subject PARCEL, "2" shall be the preferred site for DEVELOPMENT or
site alteration. This siting process shall continue in the same manner
through "7," until a specific area is identified as an appropriate location
for the proposed STRUCTURE or site alteration on the subject
PARCEL.
C. In the event that the proposed DEVELOPMENT or site alteration
requires a larger area than is available in the highest category of
impacted habitat, then any adjoining land in the next highest category
of impacted habitat shall, in addition, be allocated for location of the
proposed DEVELOPMENT or site alteration. Where there is a mixture
of categories of impacted habitat, and it is not possible to follow the
priorities noted above, the proposed DEVELOPMENT or site alteration
shall be planned to maximize the use of land for DEVELOPMENT in
the highest ranked categories and to minimize the use of land in the
lowest ranked categories. The burden of proof shall be on the
APPLICANT to establish that a higher ranked category of impacted
habitat is not feasible for siting the proposed DEVELOPMENT or site
alteration.
3.03.04 Procedures
Proposed DEVELOPMENT shall be shown on preliminary or final plats or
on site DEVELOPMENT PLANS. Requirements for plats, site
DEVELOPMENT PLANS, and review are described in Chapter 10.
Page 8 of 80
3.03.05 Sea Level Rise
An analysis shall be required demonstrating the impact of a six (6) inch
rise in sea level above NGVD for DEVELOPMENT projects on a
SHORELINE. This requirement shall be met by inclusion of this analysis in
an ENVIRONMENTAL IMPACT STATEMENT (EIS). This requirement
shall be waived when an EIS is not required. This analysis shall
demonstrate that the DEVELOPMENT will remain fully functional for its
intended use after a six (6) inch. rise in sea level. In the event that the
APPLICANT cannot meet this requirement, a list shall be provided by the
APPLICANT of the changes necessary in order for the DEVELOPMENT
to meet the standard.
3.03.06 NATIVE VEGETATION Retention on Coastal Barriers
NATIVE VEGETATION retention or revegetation shall be in compliance
with the requirements of section 3.05.00, and shall incorporate, at a
minimum, the preservation and revegetation standards as follows:
A. NATIVE VEGETATION shall be preserved to the maximum extent
possible. To the extent that NATIVE VEGETATION cannot be retained
on-site, and the remaining NATIVE VEGETATION can be
supplemented without degrading or damaging its natural function, ,then
the existing NATIVE VEGETATION shall be supplemented :with
compatible vegetation on-site. I
B. All BEACHfront land DEVELOPMENT projects shall be required to
revegetate the DUNE where the DUNE is devoid of coastal DUNE
vegetation.
C. All land DEVELOPMENT projects shall provide 100 percent native
Southern Floridian species within their required landscaping and
BUFFERING standards as established within section 4.06.00.
D. Appropriate coastal DUNE or strand vegetation shall be required as
the only stabilizing medium in any coastal barrier DUNE or strand
vegetation restoration program.
3.03.07 Undeveloped Coastal Barriers
In addition to the regulations contained in section 3.03.02, the following
standards shall apply to any proposed STRUCTURE or site alteration
within all undeveloped coastal barriers:
A. The County shall not approve any plan of DEVELOPMENT of an
undeveloped coastal barrier which would exceed a DENSITY of one
(1) STRUCTURE per five (5) acres of fastland, except for legal
NONCONFORMING LOTS OF RECORD, either individually or in
combination with ADJACENT DEVELOPMENTS.
B. The following land DEVELOPMENT activities shall be prohibited:
1. Bridges and causeways to or on undeveloped coastal barrier
islands;
2. Paved roads;
3. Commercial MARINAS; and
4. SHORE-hardening STRUCTURES.
Page 9 of 80
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C. Filling and excavation are prohibited on undeveloped coastal barriers,
except as follows:
1. When part of a DUNE or BEACH restoration program, as
permitted by governmental agencies having jurisdiction.
2. When part of a WASTEWATER treatment system, as permitted by
governmental agencies having jurisdiction.
3. When part of a public DEVELOPMENT PLAN, as permitted by
governmental agencies having jurisdiction.
3.04.00 PROTECTION OF ENDANGERED,.THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by
including measures for protection and/or relocation of endangered,
threatened, or species of special concern listed by:
1. Florida Fish and Wildlife Conservation Commission (FFWCC) as
endangered, threatened, or species of special concern.
2. United States Fish and Wildlife Service (USFWS) as endangered
or threatened.
3. Convention of International Trade in Endangered Species of Wild
Fauna and Flora (CITES).
B. Applicability and Exemptions
1. General Applicability: Except as provided in 2. below, all new
DEVELOPMENT shall be directed away from listed species and
their habitats by complying with the guidelines and standards set
forth in this section.
2. Exemptions: The following are exempt from the provisions of this
Section:
a. agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes;
b. all DEVELOPMENT within the RLSA District, except as
specifically provided in section 4.08.00; and
c. all DEVELOPMENT within the NBMO, except as specifically
provided in section 2.03.08.
C. EIS AND MANAGEMENT PLANS
1. Exemption. Single-family LOTS that are not part of a previously
approved SUBDIVISION or SOP shall not be required to prepare
an EIS or a management plan.
Page 10 of 80
2 EIS. An EIS is required as set forth in section 10.02.02. The
County shall notify the FFWCC and USFWS of the existence of any
listed species that may be discovered.
3. Management Plans.
a. General Requirements. A wildlife management plan shall be
required for all project~ where the wildlife survey indicates listed
species are utilizing the site. These plans shall describe how the
project directs incompatible land uses away from listed species
and their habitats and shall incorporate proper techniques to
protect listed species and their habitat from the negative
impacts of proposed DEVELOPMENT.
b. References. The following references shall be used, as
appropriate, to prepare the required management plans;
i. South Florida Multi-Species Recovery Plan, USFWS, 1999.
I
ii. Habitat Management Guidelines for the Bald Eagle iril the
Southeast Region, USFWS, 1987. I
\
Hi. Ecology and Habitat Protection Needs of Gopher Tortoise
(Gopherus polyphemus) Populations found on Lands Slated
for Large Scale DEVELOPMENT in Florida, Technical
Report No. 4, Florida Game and Fresh Water Fish
Commission, 1987.
iv. Ecology and DEVELOPMENT-Related Habitat
Requirements of the Florida Scrub Jay (Aphelocoma
coerulescens), Technical Report No.8, Florida Game and
Fresh Water Fish Commission, 1991.
D. PROTECTIVE MEASURES. All DEVELOPMENTS subject to this
section shall adhere to the following:
1. General
a. In those areas where CLUSTERING is permitted, all
DEVELOPMENTS shall be CLUSTERED to discourage impacts
to listed species habitats.
b. OPEN SPACE and vegetation preservation requirements shall
be used to establish BUFFER areas between wildlife habitat
areas and areas dominated by human activities.
Page 11 of 80
" --~.~ .~--_..-
c. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize DEVELOPMENT impacts to the wildlife
and to facilitate and encourage wildlife to use wildlife corridors.
d. Appropriate roadway crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
shall be given to preserving the habitat of that listed species, as
provided in section 4.06.04.
f. Management Plans shall contain a monitoring program for
DEVELOPMENTS greater than 10 acres.
g. Letters of technical assistance from the FFWCC. and
recommendations from the USFWS shall be deemed to be
consistent with the GMP.
E. Single-family platted LOTS, seven and one-half (7 Y2) acres or less in
size, shall be exempt from the requirements set forth in section 3.04.02
B., when these LOTS are not a part of a previous DEVELOPMENT
which has been required to comply with section 3.04.02 B. However,
gopher tortoises shall be protected pursuant to this section.
3.04.02 Species Specific Requirements
On property where the wildlife survey establishes that listed species are utilizing the
site or where the site is capable of supporting listed species and such listed species
can be anticipated to potentially occupy the site, the County shall, consistent with the
GMP, consider and utilize recommendations and letters of technical assistance from
the Florida Fish and Wildlife Conservation Commission and recommendations from
the U.S. Fish and Wildlife Service in issuing DEVELOPMENT ORDERS. It is
recognized that these agency recommendations, on a case by case basis, may
change the requirements contained herein and any such change shall be deemed to
be consistent with this Code. The following specific species management and
protection plans shall be applicable, in addition to those required by other provision
in this section 3.04.00:
A. Gopher Tortoise (Gopherus polyphemus)
1. All gopher tortoises, their habitats, and the associated commensals
are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage
in any such conduct, any gopher tortoise, and to ALTER, destroy,
Page 12 of 80
or degrade the functions and values of their natural habitat, unless
otherwise provided for in this section.
3. All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means, unless
otherwise provided for in this section.
4. Personnel authorized by the FFWCC or the County may house and
relocate tortoises, as necessary and provided for in this section.
5. When gopher tortoises are identified on-site, a protection and/or
management plan or off-site relocation plan shall be submitted to
the County Manager or designee for review and approval.
6. The protection and/or management plan shall include, but not be
limited to, the following items:
a. A current gopher tortoise survey, which shall be field-verified by
planning services staff.
b. A proposal for either maintaining the population in place or
relocating it.
c. A site plan identifying the boundaries of the gopher tortoise
preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Detail of the gopher tortoise preserve fencing.
g. An annual maintenance plan describing exotic removal and
vegetation management.
h. Identification of persons responsible for the initial and annual
protection and/or management of the tortoises and the preserve
area. Suitable gopher tortoise habitat shall be designated on the
site plan at the time of the first DEVELOPMENT ORDER
submittal. Suitable habitat preserved on site shall be credited to
the preservation requirement as specified in section 3.05.00 of
this LDC.
6. Suitable habitat shall be defined as having the following
characteristics:
a. The presence of well-drained, sandy soils, which allow easy
burrowing for gopher tortoises.
b. Appropriate herbaceous ground cover (if not present,
supplemental food sources shall be planted).
c. Generally open canopy and sparse shrub cover, which allow
sufficient sunlight to reach the ground.
d. Typically, includes the presence of an existing gopher tortoise
population.
Page 13 of 80
._~.~ "-
7. Off-site relocation plans shall be permitted to meet all or part of the
on-site gopher tortoise habitat preservation requirements under the
following circumstances:
a. Where suitable habitat does not exist on-site;
b. Where a property owner meets the minimum on-site. NATIVE
VEGETATION preservations requirements of this LOC with
jurisdictional WETLANDS, and cannot provide appropriate
habitat for gopher tortoises as described above; or
c. Where scientific data has been presented to the County
Manager or designee, and an environmental professional
opinion is rendered that the requirement to provide the required
on-site gopher tortoise habitat preservation area will not be
conducive to the long-term health of the on-site population of
tortoises.
8. If an off-site relocation plan is authorized under one {1} or more of
the above conditions, approval of such a plan and associated State
permit, shall be obtained from the FFWCC. Where appropriate, a
combination of on-site preservation and off-site relocation may be
considered. ;
1
9. When relocating tortoises on-site, the DENSITY shall be reviewed
on a case-by-case basis, and no more than five {5} tortoises per
acre will be considered a suitable DENSITY.
10. When identifying the NATIVE VEGETATION preservation
requirement of section 3.05.00. of this LOC for PARCELS
containing gopher tortoises, priority shall be given to protecting the
largest, most contiguous gopher. tortoise habitat with the greatest
number of active burrows, and for providing a connection to off-site
ADJACENT gopher tortoises' preserves. All gopher tortoise
preserves shall be platted with protective covenants, as required by
this section and section 10.02.04 of this LDC or, if the project is not
platted, shall provide such language on the approved site
DEVELOPMENT PLAN. It shall be a priority to preserve scrub
habitat, when it exists on-site, for its rare unique qualities and for
being one of the most endangered habitats in the County,
regardless of whether gopher tortoises are relocated off-site.
11. Gopher tortoises shall be removed from all active and inactive
burrows located within the area of construction prior to any site
improvement, in accordance with the protection/management plan
approved by County Manager or designee.
12. Exemptions. Single family platted LOTS, sev.en and one-half acres
or less in size, shall be exempt from the requirements set forth in
subsections 5 through 11 above, when these LOTS are not a part
of a previous DEVELOPMENT which has been required to comply
Page 14 of 80
with subsections 5 through 11. However, gopher tortoises shall be
protected pursuant to 1-4 above.
B. Sea Turtle Protection
1. The purpose of this section is to protect the threatened and
endangered sea turtles that nest along the BEACHES of the
County, by safeguarding sea turtle hatchlings from sources of
artificial light, and adult and hatchling sea turtles from injury or
harassment. The County shall adhere to state and federal
guidelines for the protection of sea turtles.
2. The requirements of this section apply when DEVELOPMENT or
lighting associated with DEVELOPMENT is located within three
hundred (300) feet of mean high water; when parking LOTS, DUNE
walkovers, or other outdoor lighting is proposed; and when
reflective surfaces that will be illuminated by outdoor lighting will be
visible from the BEACH.
a. Outdoor lighting shall be held to the minimum necessary for
security and safety. Floodlights and landscape or ACCENT
LIGHTING shall be prohibited.
b. All lighting, including wall-mounted fixtures, pole lighting, lights
on balconies, and any other type of lighting not specifically
referenced by this section, shall be of low intensity, and shall be
fitted with hoods or positioned so that the light sources, or any
reflective surfaces illuminated by such sources, shall not be
visible from the BEACH.
c. Low profile luminaries shall be used in parking LOTS, and such
lighting shall be fitted with hoods or positioned so that the light
sources, or any reflective surfaces illuminated by such sources,
shall not be visible from the BEACH.
d. DUNE crosswalks shall utilize low profile shielded luminaries
directed and positioned so that light sources, or any reflective
surfaces illuminated by such sources shall not be visible from
the BEACH. DUNE crossover lighting shall be limited to the
area landward of the primary DUNE.
e. If high intensity lighting is necessary, low pressure sodium vapor
luminaries shall be used and fitted with a hood or positioned so
that the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the BEACH.
f. Plates of tinted glass are required for windows that are visible
from the BEACH. The tinted glass shall be any window or
glazing that has an industry-approved light transmittance value
of forty-five (45) percent or less. Such transmittance shall be
limited to the visible spectrum (400 to 700 nanometers), and
shall be measured as the percentage of light that is transmitted
through the glass, inside to outside.
Page 15 of 80
.~.._- "-_. --
g. Temporary security lights at construction sites shall not be
mounted more than fifteen (15) feet above the ground. Light
sources, or any reflective surfaces illuminated by such sources,
shall not be visible from the BEACH.
3. For existing DEVELOPMENT, existing STRUCTURES with any
light sources, or reflective surfaces illuminated by such sources,
that are visible from the BEACH, shall be in compliance with the
following: '..
a. All lights shall be tumed off after 9:00 p.m. between May 1 and
October 31 of each year, or fitted with a hood or positioned so
that the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the BEACH.
b. Lights illuminating DUNE crosswalks shall be tumed off after
9:00 p.m. between May 1 and October 31 of each year, and
must be modified to conform to the requirements for new
DEVELOPMENT in accordance with section 3.04.03(8) of this
section.
c. Security and emergency exit lighting shall follow the same
requirements stated in section 3.04.03(C)(1) of this section. If
I
high intensity lighting is necessary, low pressure sodium vapor
luminaries shall be used and fitted with a hood, or position~d so
that the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the BEACH.
d. At least one (1) of the following measures shall be taken, where
applicable, to reduce or eliminate the negative effects of interior
light emanating from doors or windows within the line of sight of
the BEACH, where lights currently illuminate the BEACH:
i. In windows facing the Gulf of Mexico, and all inlet
SHORELINES of these BEACHES, tinted window
treatments are required for windows that are visible from the
BEACH so that indoor lights do not illuminate the BEACH.
The tinted glass shall be any window or glazing that has an
industry-approved light transmittance value of forty-five (45)
percent or less. Such transmittance shall be limited to the
visible spectrum (400 to 700 nanometers), and shall be
measured as the percentage of light that is transmitted
through the glass, inside to outside.
ii. Rearrange lamps and other movable fixtures away from
windows.
iii. Use window treatments, including, but not limited to, blinds
and curtains, to shield interior lights from the BEACH.
iv. Turn off unnecessary lights.
4. All publicly owned lighting with light sources that are visible from the
BEACH, or that illuminate reflective surfaces that are visible from
the BEACH, shall be turned off after 9:00 p.m. between May 1 and
Page 16 of 80
October 31 of each year, or shall be fitted with a hood, or
positioned so that the light sources, or any reflective surfaces
illuminated by such sources, are not visible from the BEACH.
5. It shall be unlawful, during the nesting season, to construct any
STRUCTURE, add any fill, mechanically clean any BEACH, or
GRADE any dirt within 100 feet of the nesting zone of a BEACH
where sea turtles nest or may nest, without obtaining a construction
in sea turtle nesting area permit from the County Manager or
designee.
a. If sea turtle nesting occurs within 100 Y ARCS of the
construction, measured parallel to the SHORELINE during
permitted construction activities, the nest area shall be flagged
by the permittee and the County Manager or designee informed
prior to 9:00 a.m. of that morning.
b. Depending on nest location, in relation to intensive construction
activities, the County Manager or designee may require that the
nest(s) be relocated by the APPLICANT.
c. Construction activities shall not interfere with sea turtle nesting,
shall preserve or replace any NATIVE VEGETATION on the
site, shall maintain the natural existing BEACH profile, and
minimize interference with the natural BEACH dynamics and
function.
d. Construction or repair of any STRUCTURE, including, but not
limited to, DUNE walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during sea
turtle nesting season on any County BEACHES.
6. It shall be unlawful for any person to kill, molest, or cause direct or
indirect injury to any species of sea turtle in Collier County or within
its jurisdictional waters. It shall be unlawful to collect or possess
any part of a sea turtle.
C. Florida Scrub Jay. Habitat preservation for the Florida scrub jay
(Aphe/ocoma coeru/escens) shall conform to the guidelines contained in
Technical Report No.8, Florida Game and Fresh Water Fish Commission,
1991. The required management plan shall also provide for a
maintenance program and specify an appropriate fire or mechanical
protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-site
preserve and the need to maintain the scrub vegetation. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999.
D. Bald Eagle. For the bald eagle (Haliaeetus /eucocepha/us), the
required habitat management plans shall estabUsh protective zones
around the eagle nest restricting certain activities. The plans shall also
address restricting certain types of activities during the nesting season.
Page 17 of 80
-_..~--~ -"--- -,---....--..,. ,',-- ---.
These requirements shall be consistent with the UFWS South Florida
Multi-Species Recovery Plan, May 1999.
E. Red-cockaded woodpecker. For the red-cockaded woodpecker
(Picoides borealis), the required habitat protection plan shall. outline
measures to avoid ADVERSE IMPACTS to active clusters and to
minimize impacts to foraging habitat. Where adverse effects can not be
avoided, measures shall be taken to minimize on-site disturbance and
compensate or mitigate for impacts that remain. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan,
May 1999.
F. Florida black bear. In areas where the Florida black bear (Ursus
americanus f1oridanus) may be present, the management plans shall
require that garbage be placed in bear-proof containers, at one or more
central locations. The management plan shall also identify methods to
inform local residents of the concerns related to interaction between black
bears and humans. Mitigation for impacting habitat suitable for black bear
shall be considered in the management plan.
G. Panther. For projects located in Priority I and Priority II Panther
Habitat areas, the management plan shall discourage the destruction of
undisturbed, native habitats that are preferred by the Florida panther (Felis
conca/or caryl) by directing intensive land uses to currently disturbed
areas. Preferred habitats include pine flatwoods and hardwood
hammocks. In turn, these areas shall be BUFFERed from the most
intense land uses of the project by using low intensity land uses (e.g.,
parks, passive recreational areas, golf courses). Golf courses within the
RFMU DISTRICT shall be designed and managed using standards found
in that district. The management plans shall identify appropriate lighting
controls for these permitted uses and shall address the opportunity to
utilize prescribed burning to maintain fire-adapted preserved vegetative
communities and provide browse for white-tailed deer. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999, and with the provisions set forth in this
section.
H. West Indian Manatee. The management and protection plans for the
West Indian Manatee are set forth in section 5.05.02.
3.04.03 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
section or fails to comply with any of its requirements shall upon conviction thereof
be fined, or imprisoned, or both, as provided by law. Each day such violation
continues shall be considered a separate offense. Each taking of a gopher tortoise
shall constitute a separate violation. It is not the intent to include tortoises that may
be accidentally injured or killed during an approved relocation procedure that is done
by a qualified consultant, in accordance with their protection/management plan. Any
Page 18 of 80
other person, who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the penalties herein
provided. The county, in addition to the criminal sanctions contained herein, may
take any other appropriate legal action, including but not limited to injunctive action,
to enforce the provisions of this section.
3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
3.05.01 Generally
A. The purpose of this section is the protection of vegetation within the
County by regulating its removal; to assist in the control of
FLOODING, soil erosion, dust, heat, air pollution, and noise; and to
maintain property, aesthetic, and health values within the County;
to limit the use of irrigation water in OPEN SPACE areas by
promoting the preservation of existing plant communities; to limit
the removal of existing viable vegetation in advance of the approval
of land DEVELOPMENT PLANS; and to limit the removal of
existing viable vegetation when no landscape plan has been
prepared for the site. It is not the intent of this section to restrict the
mowing of nonprotected vegetation in order to meet the
requirements of other sections of this LOC.
B. It shall be unlawful for any individual, firm, association, joint venture,
partnership, estate, trust, syndicate, fiduciary, corporation, group, or
unit of federal, state, County, or municipal government to remove, or
otherwise destroy, vegetation, which includes placing of additional fill,
without first obtaining a vegetation removal or vegetation removal and
fill permit from the County Manager or designee, except as hereinafter
exempted.
3.05.02 Exemptions from Requirements for Vegetation Protection and
Preservation
A. NBMO EXEMPTION. DEVELOPMENT in NBMO Receiving Lands are
exempt from the provisions of this section.
B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. In accordance
with ~ 581.187, F.S., vegetation removal permits shall not be required
for members of either the Seminole Tribe of Florida or the Miccosukee
Tribe of Florida Indians, subject to the following conditions. Said permit
exemption shall be for the sole purpose of harvesting select
vegetation, including, but not limited to, palm fronds and cypress, for
use in chickee hut construction, or for cultural or religious purposes
Tribal member identification and written permission from the property
owner must be in possession at the time of vegetation removal. This
exemption shall not apply to general land clearing, or to agricultural
land clearing, including silviculture.
C. AGRICULTURAL EXEMPTION. Agricultural operations that fall within
the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are
Page 19 of 80
---
exempt from the provisions of section 3.05.00, provided that any new
clearing of land for agriculture outside of the RLSA District shall not be
converted to non-agricultural DEVELOPMENT for 25 years, unless the
applicable provisions set forth in section 3.05.00 are adhered to at the
time of the conversion. The percentage of NATIVE VEGETATION
preserved shall be calculated on the amount of vegetation occurring at
the time of the agricultural clearing, and if found to be deficient, a
native plant community shall be restored to re-create a native plant
community in all three strata (ground covers, shrubs and trees),
utilizing larger plant materials so as to more quickly re-create the lost
mature vegetation.
D. PRE-EXISTING USES. Exemptions from the requirements of section
3.05.00 shall not apply to, affect or limit the continuation of uses within
the RFMUD which existed existing prior to June 19, 2002.
1. Such existing uses shall include: those uses for which all required
permits were issued prior to June 19 2002; or projects for which a
CONDITIONAL USE or Rezone petition has been approved by the
County prior to June 19, 2002; or, land use petitions for which a
completed application has been submitted and which have been
determined to be vested from the requirements of the Final Order
prior to June 19, 2002. The continuation of existing uses shall
include expansions of those uses if such expansions are consistent
with or clearly ancillary to the existing uses.
2. Such previously approved DEVELOPMENTs shall be deemed to be
consistent with the GMP Goals, Policies and Objectives for the
RFMU DISTRICT, and they may be built out in accordance with
their previously approved plans. Changes to these previous
approvals shall also be deemed to be consistent with the GMP
Goals, Objectives and Policies for the RFMU DISTRICT as long as
they do not result in an increase in DEVELOPMENT density or
intensity.
E. EXEMPT MANGROVE ALTERATION PROJECTS. Mangrove
alteration projects that are exempted from Florida Department of
Environmental Protection permit requirements by Florida
Administrative Code 17-321.060 are exempt from preservation
standards for the mangrove trees, unless they are a part of a preserve.
This exemption shall not apply to mangrove alterations or removal in
any preserve or in any area where the mangroves have been retained
in satisfaction of section 3.05.07. The Collier County Environmental
Advisory Council (EAC) may grant a variance to' the provisions of this
section if compliance with the mangrove tree preservation standards of
this Division would impose a unique and unnecessary hardship on the
owner or any other person in control of affected property. Mangrove
Page 20 of 80
trimming or removal for a view shall not be considered a hardship.
Relief shall be granted only upon demonstration by the landowner or
affected party that such hardship is peculiar to the affected property
and not self-imposed, and that the grant of a variance will be
consistent with the intent of this division and the growth management
plan.
F. Except for LOTS on undeveloped coastal barrier islands, and any
project proposing to AL TER mangrove trees, a vegetation removal
permit for clearing one (1) acre or less of land is not' required for the
removal of protected vegetation, other than a specimen tree on a
PARCEL of land zoned residential, RSF, VR, A or E, or other
nonagricultural, non-sending lands, non-NRPA, noncommercial zoning
districts in which single-family LOTS have been subdivided for single-
family use only, where the following conditions have been met:
1. A building permit has been issued for the permitted PRINCIPAL
STRUCTURE (the building permit serves as the clearing pe'rmit);
or
2. The permitted PRINCIPAL STRUCTURE has been constructed,
and the property owner or AUTHORIZED AGENT is conduCting
the removal, and the total area that will be cleared on site doe~ not
exceed on acre.
G. A vegetation removal permit is not required for the following situations:
1. Removal of protected vegetation other than a specimen tree, when
a site plan and vegetation protection plans have been reviewed
and approved by the County Manager or designee as part of the
final DEVELOPMENT ORDER.
2. Removal of protected vegetation from the property of a Florida
licensed tree farm/nursery, where such vegetation is intended for
sale in the ordinary course of the licensee's business and was
planted for the described purpose.
3. Removal of protected vegetation, other than a specimen tree, by a
Florida licensed land surveyor in the performance of his/her duties,
provided such removal is for individual trees within a swath that is
less than three (3) feet in width.
4. Removal of protected vegetation prior to building permit issuance if
the conditions set forth in section 4.06.04 A.1.
5. Removal of PROHIBITED EXOTIC VEGETATION. Mechanical
clearing of PROHIBITED EXOTIC VEGETATION shall require a
vegetation removal permit. Mechanical clearing is defined as
clearing that would impact or disturb the soil or sub-soil layers or
disturb the root systems of plants below the ground.
3.05.03 Procedures
Requirements for submittals, documentation of assessments and
evaluations, and application and review procedures are set forth in
Chapter 10.
Page 21 of 80
3.05.04 Vegetation Removal and Protection Standards
A. During construction, all reasonable steps necessary to prevent the
destruction or damaging of vegetation shall be taken, including the
installation of protective barriers. Vegetation destroyed or receiving
major damage must be replaced by vegetation of equal environmental
value, as specified by the County Manager or designee, before
occupancy or use, unless approval for their removal has been granted
under permit.
B. During construction, unless., otherwise authorized by a vegetation
removal permit, no excess soil, additional fill, equipment, liquids, or
construction debris shall be placed within the dripline of any vegetation
that is required to be preserved in its present location.
C. Unless otherwise authorized by a vegetation removal permit, no
attachments or wires, other than those of a protective or nondamaging
nature, shall be attached to any vegetation during construction.
D. Unless otherwise authorized by a vegetation removal permit, no soil is
to be removed from within the drip line of any vegetation that is to
remain in its original location.
E. Areas to be preserved shall be protected during land alteration and
construction activities by placing a continuous barrier around the
perimeter of the area of vegetation to be preserved. This barrier shall
be highly visible and constructed of wood stakes set a maximum of ten
(10) feet apart, at a height range of two (2) to four (4) feet, all covered
continuously with brightly colored, all-weather mesh material or equal
type barrier method. An equivalent method may be substituted with the
approval of the County Manager or designee.
F. When the retention of single trees is required by this LOC, a protective
barrier, similar to that required in section 3.05.04 E., shall be placed
around the tree at a distance from the trunk of six (6) feet or beyond
the drip line, whichever is greater, or as otherwise approved by the
County Manager or designee.
G. Protective barriers shall be installed and maintained for the period of
time beginning with the commencement of any phase of land clearing
or BUILDING operations, and ending with the completion of that phase
of the construction work on the site, unless otherwise approved to be
removed by the County Manger or designee. All protective barriers
shall be installed pursuant to the Tree Protection Manual for Builders
and Developers, Division of Forestry, State of Florida or other methods
approved by the County Manager or designee. Signage shall be
placed around the preserve areas to identify and protect the preserve
during construction. The boundary of the Preserve shall be posted
with appropriate signage denoting the area as a Preserve. SIGN(s)
should note that the posted area is a protected area. The SIGNS shall
be no closer than ten feet from residential property lines; be limited to a
maximum height of four feet and a maximum size of two square feet;
Page 22 of 80
and otherwise comply with section 5.06.00. Maximum SIGN spacing
shall be 300 feet.
H. The APPLICANT for a vegetation removal permit shall, at the time of
application, designate representative(s), who shall be responsible for
the installation and the maintenance of all tree protection barriers, and
for supervising the removal of all existing vegetation permitted to be
removed or altered.
3.05.05 Criteria for Removal of Protected Vegetation
The County Manager or designee may approve an. application for
vegetation removal permit if it is determined that reasonable efforts have
been undertaken in the layout and design of the proposed
DEVELOPMENT to preserve existing vegetation and to otherwise
enhance the aesthetic appearance of the DEVELOPMENT by the
incorporation of existing vegetation in the design process. Relocation or
replacement of vegetation may be required as a condition to the issuance
of an approval in accordance with the criteria set forth in this section. In
addition, a vegetation removal permit may be issued under the following
conditions:
A. Protected vegetation is a safety hazard to pedestrian or vehicular
traffic, public services, utilities, or to an existing STRUCTURE. d
B. Diseased or otherwise unhealthy vegetation, as determine by
standard horticultural practices, and, if required, a site inspection by
the County Manager or designee.
C. A FINAL LOCAL DEVELOPMENT ORDER has been issued which
requires removal of the protected vegetation.
D. Compliance with other codes and/or ordinances may involve protected
vegetation removal.
E. Replacement of non-NATIVE VEGETATION shall be with NATIVE
VEGETATION and shall be subject to the approval of the County
Manager or designee. Replacement vegetation shall comply with the
standards of section 4.06.05 and shall include the following minimum
sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14)
foot high trees with seven foot crown spread and dbh (DIAMETER AT
BREAST HEIGHT) of th ree inches. Replacement NATIVE
VEGETATION shall be planted within fourteen (14) calendar days of
removal.
F. On a PARCEL of land zoned RSF, VR, E, or other nonagricultural,
noncommercial zoning district in which single-family LOTS have been
subdivided for single-family use only, a vegetation removal permit may
be issued for any permitted ACCESSORY USE to that zoning.
G. The proposed mangrove alteration has a DEP permit, or meets the
permitting standards in the Florida Administrative Code. However,
mangrove removal or trimming shall be prohibited in all preserves or
areas used to fu Ifill the NATIVE VEGETATION preservation
requirements.
Page 23 of 80
H. Removal of vegetation for approved mitigation bank sites (as defined
by the Florida Administrative Code); state or federally endorsed
environmental preservation, enhancement, or restoration projects; or
fire breaks approved by the State of Florida, Division of Forestry, shall
be permitted. Vegetation removal permits issued under these criteria
are valid for the period of time authorized by such agency pennits.
I. VEGETA TION RELOCATION PLAN. If vegetation relocation is
proposed by the APPLICANT prior to site DEVELOPMENT PLAN,
construction plan or other final approvals, a vegetation relocation
permit (vegetation removal permit) may be issued by the County
Manager or his designee provided that it can be demonstrated that
early transplantation will enhance the survival of the relocated
vegetation. The vegetation relocation plan shall document methods of
relocation, timing of relocation, watering provisions, maintenance and
other information as required by the County Manager or his designee.
J. LANDSCAPE PLANT REMOVAL OR REPLACEMENT. ' The
removal or replacement of approved landscaping shall be done in
accordance with the regulations that guide the landscape plans
reviews and approvals in section 4.06.00. A vegetation removal pennit
I
will not be issued for the removal or replacement of landscape plants.
That approval must be obtained through an amendment process to the
landscape plan or as otherwise authorized by permit by the Collier
County Landscape Architect.
3.05.06 Management Plan Required
For all individual areas of mangrove trees and areas of preserved plant
communities larger than one-half (1/2) acre in area, the owner shall
submit, for the approval of the County Manager or designee, a narrative
management plan indicating the manner in which the owner will preserve
the native plant communities. The narrative shall include:
A. Whether the existing vegetation is to be preserved in the existing
species composition.
B. The manner in which the composition of existing plant material is to be
preserved (hand removal of invasive species, prescribed burning, etc.),
if applicable.
C. The maintenance schedule for the removal of invasive species.
D. The maintenance schedule for the removal of debris.
E. Other infonnation that may be required by the County Manager or his
designee that is reasonable and necessary to determine if the
management plan meets the requirements of this LOC.
F. The County Manager or designee may conduct an on-site inspection to
determine if the proposed vegetation removal meets the criteria in
section 3.05.05 and conforms to the preservation standards in section
3.05.07 below.
3.05.07 Preservation Standards
Page 24 of 80
All DEVELOPMENT not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. GENERAL STANDARDS AND CRITERIA.
1. The preservation of NATIVE VEGETATION shall include canopy,
under-story and ground cover emphasizing the largest contiguous
area possible, except as otherwise provided in secti~n 3.05.07
H.1.e.
2. Areas that fulfill the NATIVE VEGETATION retention standards
and criteria of this Section shall be set aside as preserve areas,
subject to the requirements of section 3.05.07 H. Single family
residences are exempt from the requirements of section 3.05.07 H.
3. Preserve areas shall be selected in such manner as to preserve the
following, in descending order of priority, except to the extent that
preservation is made mandatory in sections 3.05.07 F.3. and
3.05.07 G.3.c.:
a. Onsite WETLANDS having an assessed functionality of 0.65 or
greater;
b. Areas known to be utilized by listed species or that serve as
corridors for the movement of wildlife;
c. Any upland habitat that serves as a BUFFER to a wetland area,
d. Listed plant and animal species habitats,
e. Xeric Scrub,
f. DUNE and Strand, Hardwood Hammocks,
g. Dry Prairie, Pine Flatwoods, and
h. All other upland habitats.
i. Existing NATIVE VEGETATION located contiguous to a
NATURAL RESERVATION.
4. Preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas or wildlife corridors.
Page 25 of 80
_.."--- -._~,_._-_._....-_._---_.__._-_._.~-----"- -.
5. To the greatest extent possible, NATIVE VEGETATION, in
quantities and types set forth in section 4.06.00, shall be
incorporated into landscape designs in order to promote the
preservation of native plant communities and to encourage water
conservation.
B. SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND
RLSA DISTRICTS. Outside tt:le RFMU and RLSA Districts, NATIVE
VEGETATION shall be preserv~d on-site through the application of the
following preservation and vegetation retention standards and criteria,
unless the DEVELOPMENT occurs within the ACSC where the ACSC
standards referenced in the Future Land Use Element shall apply., This
Section shall not apply to SINGLE-FAMIL V DWELLING UNITS situated
on individual LOTS or PARCELS.
1. REQUIRED PRESERVATION
I
Non-Coastal High Hazard
DEVELOPMENT Type Coastal Hiah Hazard Area Area \
Less than 2.5 acres 10% Less than 5 acres 10%
Residential and Mixed Equal to or greater Equal to or greater than 5
Use DEVELOPMENT than 2.5 acres 25% acres
and less than 20 acres. 15%
Equal to or
greater than 20 acres 25%
Golf Course 35% 35%
Commercial and
Industrial Less than 5 acres. 10% Less than 5 acres. 10%
DEVELOPMENT and
all other non-specified Equal to or greater Equal to or
DEVELOPMENT types than 5 acres. 15% greater than 5 acres. 15%
Industrial
DEVELOPMENT 50%, not to exceed 25% of 50%, not to exceed 25% of
(Rural-Industrial the project site. the project site.
District only)
Page 26 of 80
2. EXCEPTIONS. An exception from the vegetation retention
standards above shall be granted in the following circumstances:
a. where the PARCEL was legally cleared of NATIVE
VEGETATION prior to January 1989;
b. where the PARCEL cannot reasonably accommodate both the
application of the NATIVE VEGETATION retention standards
and the proposed uses allowed under this Code, subject to the
criteria set forth in section 3.05.07 (H)(1 )(e).
C. SPECIFIC STANDARDS FOR THE RFMU DISTRICT. For Lands
within the RFMU DISTRICT, NATIVE VEGETATION shall be preserved
through the application of the following preservation and vegetation
retention standards and criteria, in addition to the generally applicable
standards and criteria set forth in 3.05.07 A. above:
1. RFMU RECEIVING LANDS OUTSIDE THE NBMO.
a. A minimum of 40% of the NATIVE VEGETATION present,
not to exceed 25% of the total site area shall be preserved.
i. Off-site preservation shall be allowed at a ratio of 1:1 if
such off-site preservation is located within RFMU
SENDING LANDS.
ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if
such off-site preservation is located outside of Sending
Lands.
iii. Like for like preservation shall be required for Tropical
Hardwood and Oak Hammock vegetative communities.
b. Where schools and other public facilities are co-located on a
site, the NATIVE VEGETATION retention requirement shall
be 30% of the NATIVE VEGETATION present, not to
exceed 25% of the site.
2. NEUTRAL LANDS.
a. In NEUTRAL LANDS, a minimum of 60% of the NATIVE
VEGETATION present, not to exceed 45% of the total site
area shall be preserved.
b. Exceptions.
Page 27 of 80
0..0- ,---
i. In those NEUTRAL LANDS located in Section 24,
Township 49 South, Range 26 East, in the NBMO,
NATIVE VEGETATION shall be preserved as set forth in
section 2.03.08 D.5.b.
ii. Where schools and other public facilities are co-located
on a site, t~e NATIVE VEGETATION retention
requirement shall be 30% of the NATIV~ VEGETATION
present, not to exceed 25% of the site.
3. RFMU SENDING LANDS.
a. In RFMU SENDING LANDS that are not within a NRPA,
80% of the NATIVE VEGETATION present on site shall be
preserved, or as otherwise permitted under the Density
Blending provisions of section 2.05.02. Off-site preservation
shall be allowed in satisfaction of up to 25% of the site
preservation or vegetative retention requirement, at a ratio of
3: 1, if such off-site preservation is located withim or
contiguous to Sending Lands. 1
I
b. In RFMU SENDING LANDS that are within a NRPA, 90% of
the NATIVE VEGETATION present shall be preserved or
such other amount as may be permitted under the Density
Blending provisions of section 2.05.02. Off-site preservation
shall not be credited toward satisfaction of any of the
vegetative retention requirement applicable in such NRPAs.
4. GENERAL EXCEPTIONS.
a. Non-conforming, Pre-existing PARCELS. In order to ensure
reasonable use and to protect the private property rights of
owners of smaller PARCELS of land within the RFMU
DISTRICT, including NONCONFORMING LOTS OF
RECORD which existed on or before June 22, 1999, for
LOTS, PARCELS or fractional units of land or water equal to
or less than five (5) acres in size, NATIVE VEGETATION
clearing shall be allowed, at 20% or 25,000 square feet of
the LOT or PARCEL or fractional unit, whichever is greater,
exclusive of any clearing necessary to provide for a 15-foot
wide ACCESS drive up to 660 feet in length. For LOTS and
PARCELS greater than 5 acres but less than 10 acres, up to
20% of the PARCEL may be cleared. This allowance shall
not be considered a maximum clearing allowance where
other provisions of this Plan allow for greater clearing
Page 28 of 80
amounts. These clearing limitations shall not prohibit the
clearing of brush or under-story vegetation within 200 feet of
STRUCTURES in order to minimize wildfire fuel sources.
b. Specific County-owned Land. On County-owned land
located in Section 25, Township 26 E, Range 49 S (+/-360
acres), the NATIVE VEGETATION retention and site
preservation requir.ements may be reduced to 50% if the
permitted uses are restricted to the portions of the property
that are contiguous to the existing land fill operations; exotic
removal will be required on the entire +/- 360 acres.
c. Discretionary Exception for Essential Public Services. The
County Manager or his designee may grant written
exemptions to the above preservation requirements on
agriculturally zoned property for essential public services (as
defined in section 2.01.03), where it can be demonstrated
that the preservation requirements and the Essential Public
Services cannot bm'l be reasonably accommodated on the
site and it is in the best interest of the general public to allow
a reduction in all or part from the requirements for
preservation of existing NATIVE VEGETATION.
D. SPECIFIC STANDARDS FOR RLSA DISTRICT. For lands within the
RLSA District, NATIVE VEGETATION shall be preserved pursuant to the
RLSA District Regulations set forth in section 4.08.00 of this Code.
E. DENSITY BONUS INCENTIVES. Density Bonus Incentives shall be
granted to encourage preservation.
1. OUTSIDE RURAL VillAGES. In RFMU RECEIVING lANDS not
designated as a RURAL VillAGE, a density bonus of 0.1
DWELLING UNIT per acre shall be granted for each acre of
NATIVE VEGETATION preserved on-site that exceeds the
requirements set forth in section 3.05.07 C., once a density of 1 unit
per acre is achieved through the use of TOR CREDITS.
2. INSIDE RURAL VillAGES. In RFMU RECEIVING lANDS
designated as a RURAL VillAGE, a density bonus of 0.3
DWELLING UNITS per acre shall be granted for each acre of
NATIVE VEGETATION preserved on-site that exceeds the
requirements set forth in section 3.05.07 C., once a density of 2
units per acre is achieved through the use .of TOR and BONUS
CREDITS.
F. WETLAND PRESERVATION AND CONSERVATION.
Page 29 of 80
_."- --
1. PURPOSE. The following standards are intended to protect and
conserve Collier County's valuable WETLANDS and their natural
functions, including marine WETLANDS. These standards apply
to all of Collier County, except for lands within the RLSA District.
RLSA District lands are regulated in section 4.08.00. WETLANDS
shall be protected as follows, with total site preservation not to
exceed those amounts of vegetation retention set forth in section
3.05.07 (C), unless otherwise required.
2. URBAN LANDS. In the case of WETLANDS located within the
Urban designated areas of the County, the County will rely on the
jurisdictional determinations made by the applicable state or federal
agency in accordance with the following provisions:
a. Where permits issued by such jurisdictional agencies allow for
impacts to WETLANDS within this designated area and require
mitigation for such impacts, this shall be deemed to meet the
objective of protection and conservation of WETLANDS and the
natural functions of WETLANDS within this area.
b. The County shall require the appropriate jurisdictional permit
prior to the issuance of a FINAL LOCAL DEVELOPMENT
ORDER permitting site improvements, except in the case of any
single-family residence that is not part of an approved
DEVELOPMENT or platted SUBDIVISION.
c. Within the Immokalee Urban Designated Area, there exists high
quality wetland system connected to the Lake Trafford/Camp
Keais system. These WETLANDS require greater protection
measures and therefore the wetland protection standards set
forth in 3.05.07 (F)(3) below shall apply in this area.
3. RFMU DISTRICT. Direct impacts of DEVELOPMENT within
WETLANDS shall be limited by directing such impacts away from
high quality WETLANDS. This shall be accomplished by
adherence to the vegetation retention requirements of section
3.05.07 (C) above and the following standards:
a. In order to assess the values and functions of WETLANDS at
the time of project review, APPLICANTS shall rate the
functionality of WETLANDS using the Unified Wetland
Mitigation Assessment Method set forth in F.A.C. 62-345. For
projects that have already been issued an Environmental
Resource Permit by the state, the County will accept
WETLANDS functionality assessments that are based upon the
Page 30 of 80
South Florida Water Management District's Wetland Rapid
Assessment Procedures (WRAP), as described in Technical
Publication Reg 001 (September 1997, as update August 1999).
The APPLICANT shall submit to County staff these respective
assessments and the scores accepted by either the South
Florida Water Management District or Florida Department of
Environmental Protection.
b. WETLANDS documented as being utilized by listed species or
serving as corridors for the movement of wildlife shall be
preserved on site, regardless of whether the preservation of
these WETLANDS exceeds the acreage required in section
3.05.07 (B).
c. Existing wetland FLOWW A YS through the project shall be
maintained, regardless of whether the preservation of these
FLOW WAYS exceeds the acreage required in section 3.05.07
(C).
d. Drawdowns or diversion of the ground water table shall not
adversely change the hydroperiod of preserved WETLANDS on
or offsite. Detention and control elevations shall be set to
protect surrounding WETLANDS and be consistent with
surrounding land and project control elevations and water
tables. In order to meet these requirements, projects shall be
designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of
SFWMD's Basis of Review, January 2001.
e. Single family residences shall follow the requirements contained
within Section 3.05.07 (F)(5).
f. Preserved WETLANDS shall be BUFFERed from other land
uses as follows:
i. A minimum 50-foot vegetated upland BUFFER ADJACENT
to a natural water body.
ii. For other WETLANDS a minimum 25-foot vegetated upland
BUFFER ADJACENT to the wetland.
Hi. A structural BUFFER may be used in conjunction with a
vegetative BUFFER that would reduce the vegetative
BUFFER width by 50%. A structural BUFFER shall be
required ADJACENT to WETLANDS where direct impacts
are allowed. A structural BUFFER may consist of a stem-
wall, BERM, or vegetative hedge with suitable fencing.
Page 31 of 80
--.- --
iv. The BUFFER shall be measured landward from the
approved jurisdictional line.
v. The BUFFER zone shall consist of preserved NATIVE
VEGETATION. Where NATIVE VEGETATION does not
exist, NATIVE VEGETATION compatible with the existing
soils and expected hydrologic conditions shall be planted.
vi. The BUFFER shall be maintained free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant
Council.
vii. The following land uses are considered to be compatible
with WETLAND FUNCTIONS and are allowed within the
BUFFER:
(1) Passive recreational areas, boardwalks and recreational
shelters;
(2) Pervious nature trails;
(3) Water management STRUCTURES;
(4) Mitigation areas;
(5) Any other conservation and related OPEN SPACE
activity or use which is comparable in nature with the
foregoing uses.
4. MITIGATION. Mitigation shall be required for direct impacts to
WETLANDS in order to result in no net loss of WETLAND
FUNCTIONS, in adherence with the following requirements and
conditions:
a. Mitigation Requirements:
i. Loss of storage or conveyance volume resulting from direct
impacts to WETLANDS shall be compensated for by
providing an equal amount of storage or conveyance
capacity on site and within or ADJACENT to the impacted
wetland.
ii. Prior to issuance of any final DEVELOPMENT ORDER that
authorizes site alteration, the APPLICANT shall demonstrate
compliance with a and b above. If agency permits have not
Page 32 of 80
provided mitigation consistent with this Section, Collier
County will require mitigation exceeding that of the
jurisdictional agencies.
iii. Mitigation requirements for single-family LOTS shall be
determined by the State and Federal agencies during their
permitting process, pursuant to the requirements of Section
(5) below. '.
b. Mitigation Incentives: A density bonus of 10% of the maximum
allowable RESIDENTIAL DENSITY, a 20% reduction in the
required OPEN SPACE acreage, a 10% reduction in the
required NATIVE VEGETATION, or a 50% reduction in required
littoral zone requirements may be granted for projects that do
any of the following:
i. Increase wetland habitat through recreation or restoration of
WETLAND FUNCTIONS, of the same type found on-site, on
an amount of off-sIte acres within the Rural Fringe Mixed
Use District Sending Lands, equal to, or greater than 50% of
the on-site NATIVE VEGETATION preservation acreage
required, or 20% of the overall project size, whichever is
greater;
ii. Create, enhance or restore wading bird habitat to be located
near wood stork, and/or other wading bird colonies, in an
amount that is equal to, or greater than 50% of the on-site
NATIVE VEGETATION preservation acreage required, or
20% of the overall project size, whichever is greater; or
iii. Create, enhance or restore habitat for other listed species, in
a location and amount mutually agreeable to the
APPLICANT and Collier County after consultation with the
applicable juriSdictional agencies.
c. EIS Provisions. When mitigation is proposed, the EIS shall
demonstrate that there is no net loss in WETLAND
FUNCTIONS as prescribed above.
d. EXOTIC VEGETATION Removal. EXOTIC VEGETATION
removal shall not constitute mitigation.
5. EST A TES, RURAL-SETTLEMENT AREAS, AND ACSC. In the case
of lands located within Estates Designated Area, the Rural
Settlement Area, and the ACSC, the County shall rely on the
wetland jurisdictional determinations and permit requirements
Page 33 of 80
_.-----...
issued by the applicable jurisdictional agency, in accordance with
the following:
a. For single-family residences within Southern Golden Gate
Estates or within the Big Cypress Area of Critical State Concern,
the County shall require the appropriate federal and state
wetland-related permits before Collier County issues a building
permit.
b. Outside of Southern Golden Gate Estates and the Area of
Critical State Concern, Collier County shall inform
APPLICANTS for individual single-family building permits that
federal and state wetland permits may be required prior to
construction. The County shall also notify the applicable federal
and state agencies of single family building permits applications
in these areas.
6. RLSA DISTRICT. Within the RLSA District, WETLANDS shall be
preserved pursuant to section 4.08.00.
7. SUBMERGED MARINE HABITATS. The County shall protect and
conserve submerged marine habitats as provided in section
5.03.06 I.
G. NATURAL RESERVATION PROTECTION AND
CONSERVATION.
1. PURPOSE AND APPLICABILITY
a. The purpose of this Section is to protect NATURAL
RESERV ATIONS from the impact of surrounding
DEVELOPMENT. For the purpose of this section, NATURAL
RESERVATIONS shall include only NRPAs and designated
Conservation Lands on the Future Land Use Map.
b. For the purposes of this Section, DEVELOPMENT shall include
all projects SINGLE-FAMILY DWELLING UNITS situated on
individual LOTS or PARCELS.
2. REVIEW PROCESS. All requests for DEVELOPMENT contiguous
. . to NATURAL RESERVATIONS shall be reviewed as part of the
County1s DEVELOPMENT review process.
3. RFMU DISTRICT REQUIREMENTS. The following criteria shall
apply within the RFMU DISTRICT only.
Page 34 of 80
a. OPEN SPACE. OPEN SPACE shall be required to provide a
BUFFER between the project and the NATURAL
RESERVATION.
i. OPEN SPACE allowed between the project's non-OPEN
SPACE uses and the boundary of the NATURAL
RESERVATION may include natural preserves, natural or
man-made lakes, golf courses, recreational areas, required
YARD set-back areas, and other natural or man-made
OPEN SPACE requirements.
ii. The following OPEN SPACE uses are considered
acceptable uses contiguous to the NATURAL
RESERVATION boundary:
(a) preservation areas;
(b) golf course roughs maintained in a natural state;
(c) stormwater management areas;
I
\
(d) pervious nature trails and hiking trails limited to use by
nonmotorized vehicles.
b. OPEN SPACES AS BUFFERS.
i. The uses in paragraph (a)(ii) above are encouraged to be
located as to provide a BUFFER between the NATURAL
RESERVATION and more intensive OPEN SPACE uses,
including playgrounds, tennis courts, golf courses (excluding
roughs maintained in a natural state), and other recreational
uses and YARDS for individual LOTS or PARCELS, or
OPEN SPACE uses that are IMPERVIOUS in nature. These
more intensive OPEN SPACE uses may not be located
closer than 300 feet to the boundary of the NATURAL
RESERVATION.
ii. In addition, where woodstork ( Mycteria americana)
rookeries, bald eagle (Haliaeetus leucocephalus) nests, and
wading bird roosts are found in the ADJACENT NATURAL
RESERVATION, the OPEN SPACE uses identified in (a) -
(c) below are considered acceptable for placement within a
BUFFER as specified below:
(a) Woodstork (Mycteria americana) rookeries, bald eagle
(Haliaeetus leucocephalus) nests - 1,500 feet;
Page 35 of 80
---~ .... ... -..
(b) Wading bird roost - 300 feet;
(c) These BUFFER distances shall only apply to the
identified entity within the NATURAL RESERVATIONS.
iii. These requirements shall be modified on a case by case
basis, if such modif.ications are based upon the review and
recommendations from the USFWS and the FFWCC. Any
such changes shall be deemed consistent with the Growth
Management Plan.
c. CONTIGUOUS NATIVE VEGETATION. Existing NATIVE
VEGETATION that is located contiguous to the NATURAL
RESERV A TION shall be preserved as part of the preservation
requirements specified in Section 3.05.07.
d. WILDLIFE CORRIDORS. Where wildlife corridors exist for
listed species, provision shall be made to accommodate the
movement of the listed species through the project to the
NATURAL RESERVATION. The County shall consider the
recommendations from the USFWS.
H. PRESERVE STANDARDS
1. DESIGN STANDARDS
a. IDENTIFICATION. NATIVE VEGETATION that is required to
be preserved or mitigated pursuant to 3.05.07 A. through F.
shall be set-aside in a Preserve and shall be identified in the
following manner:
i. The Preserve shall be labeled as "Preserve" on all site plans.
ii. If the DEVELOPMENT is a PUD, the Preserve shall be
identified on the PUD Master Plan, if possible. If this is not
possible, a minimum of 75% of the preserves shall be set-
aside on the PUD Master Plan with the remaining 25%
identified at the time of the next DEVELOPMENT ORDER
submittal.
iii. The Preserve shall be identified at the time of the first
DEVELOPMENT ORDER submittal.
b. MINIMUM DIMENSIONS. The minimum width of the preserve
shall be:
Page 36 of 80
i. twenty feet, for property less than ten acres.
ii. an average of thirty feet in width but not less than twenty feet
in width, for property equal to ten acres and less thahtwenty
acres.
iii. an average of fifty feet in width but not less than twenty feet
for property of twenty acres and greater.
c. PROTECTION OF WETLAND HYDROPERIODS. Drawdowns
or diversion of the ground water table shall not adversely
change the hydroperiod of preserved WETLANDS on or offsite.
Detention and control elevations shall be set to protect
surrounding WETLANDS and be consistent with surrounding
land and project control elevations and water tables. In order to
meet these requirements, projects shall be designed in
accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's
Basis of Review, January 2001.
d. PROTECTIVE COVENANTS. Preserve areas shall be
identified as separate tracts or EASEMENTS, with ACCESS to
them from a platted RIGHT-Of-WAY. No individual residential
or commercial LOT, PARCEL lines, or other EASEMENTS such
as utility or ACCESS EASEMENTS, may project into a
Preserve. All required EASEMENTS or tracts for preserves
shall be dedicated to the County without placing on the County
the responsibility for maintenance or to a property owners.
association or similar entity with maintenance responsibilities.
The protective covenants for the tract or EASEMENT shall
establish the permitted uses for said EASEMENT(s) and/or
tracts on the final SUBDIVISION plat. A nonexclusive
EASEMENT or tract in favor of the County, without any
maintenance obligation, shall be provided for all preserves on
the preliminary and final SUBDIVISION plats and all final
DEVELOPMENT ORDER site plans. The boundaries of all
preserve EASEMENTS shall be dimensioned on the final
SUBDIVISION plat.
e. CREA TED PRESERVES. Created Preserves shall be allowed
for PARCELS that cannot reasonably accommodate both the
required on-site preserve area and the proposed activity.
i. Applicability. Criteria for allowing created preserves include:
(a) Where site elevations or conditions requires placement of
Page 37 of 80
-_"_'_'_--,-_.~,,- -,.'- ~
fill thereby harming or reducing the survivability of the
NATIVE VEGETATION in its existing locations;
(b) Where the existing vegetation required by this policy is
located where proposed site improvements are to be
located and such improvements cannot be relocated as
to protect the existing NATIVE VEGETATION;
(c) Where native . preservation requirements cannot be
accommodated, ,the landscape plan shall re-create a
native plant community in all three strata (ground covers,
shrubs and trees), utilizing larger plant materials so as to
more quickly re-create the lost mature vegetation. These
areas shall be identified as created preserves.
(d) When a State or Federal permit requires creation of
native habitat on site. The created preserve acreage
may fulfill all or part of the NATIVE VEGETATION
requirement when preserves are planted with all three
strata; using the criteria set forth in Created Preserves.
This exception may be granted, regardless of the size of
the project.
(e) When small isolated areas (of less than 1h acre in size) of
NATIVE VEGETATION exist on site. In cases where
retention of NATIVE VEGETATION results in small
isolated areas of 1h acre or less, preserves may be
planted with all three strata; using the criteria set forth in
Created Preserves and shall be created ADJACENT
existing NATIVE VEGETATION areas on site or
contiguous to preserves on ADJACENT properties. This
exception may be granted, regardless of the size of the
project.
(f) When an ACCESS point to a project cannot be relocated.
To comply with obligatory health and safety mandates
such as road alignments required by the State, preserves
may be impacted and created elsewhere on site.
ii. Required Planting Criteria:
(a) Where created preserves are approved, the landscape
plan shall re-create a native plant community in all three
strata (ground cover, shrubs and trees), utilizing larger
plant materials so as to more quickly re-create the lost
mature vegetation. Such re-vegetation shall apply the
Page 38 of 80
standards of section 4.06.05 C. of this Code, and include
the following minimum sizes: one gallon ground cover;
seven (7) gallon shrubs; fourteen (14) foot high trees with
a seven foot crown spread and a dbh (DIAMETER AT
BREAST HEIGHT) of three inches. The spacing of the
plants shall be as follows: twenty to thirty foot on center
for trees with a small canopy (less than 30 ft mature
spread) and forty foot on center for trees with a large
canopy (greater than 30 ft mature spread), five foot on
center for shrubs and three foot on center for ground
covers. Plant material shall be planted in a manner that
mimics a natural plant community and shall not be
maintained as landscaping. Minimum sizes for plant
material may be reduced for scrub and other xeric
habitats where smaller size plant material are better
suited for re-establishment of the native plant community.
(b) Approved created preserves may be used to recreate:
(1) not more than one acre of the required preserves if
the property has less than twenty acres of existing
NATIVE VEGETATION.
(2) not more than two acres of the required preserves if
the property has equal to or greater than twenty acres
and less than eighty acres of existing NATIVE
VEGETATION.
(3) not more than 10% of the required preserves if the
property has equal to or greater than eighty acres of
existing NATIVE VEGETATION.
(c) The minimum dimensions shall apply as set forth in
3.05.07 H.1.b.
(d) All perimeter landscaping areas that are requested to be
approved to fulfill the NATIVE VEGETATION preserve
requirements shall be labeled as preserves and shall
comply with all preserve SETBACKS.
f. ALLOWABLE SUPPLEMENTAL PLANTINGS. Supplemental
native plantings in all three strata may be added to preserve
areas where the removal of non-native and/or nuisance
vegetation creates open areas with little or no NATIVE
VEGETATION coverage. Plant material in these restoration
areas shall meet the following minimum size criteria: one gallon
Page 39 of 80
---- .--
ground covers, three gallon shrubs and six foot high trees.
Plant material shall be planted in a manner that mimics a natural
plant community and shall not be maintained as landscaping.
Minimum sizes for plant material may be reduced for scrub and
other xeric habitats where smaller size plants material are better
suited for re-establishment of the native plant community.
g. PRESERVE MANAGEMENT PLANS. The Preserve
Management Plan shall identify actions that must be taken to
ensure that the preserved areas will function as proposed. A
Preserve Management Plan shall include the following
elements:
i. General Maintenance. Preserves shall be maintained in their
natural state and must be kept free of refuse and debris.
ii. EXOTIC VEGETATION Removal, Non-NATIVE
VEGETATION, and Nuisance or Invasive Plant Control.
EXOTIC VEGETATION removal and maintenance plans
shall require that Category I Exotics be removed from all
preserves. All exotics within the first 75 feet of the outer
edge of every preserve shall be physically removed, or the
tree cut down to GRADE and the stump treated. Exotics
within the interior of the preserve may be approved to be
treated in place if it is determined that physical removal
might cause more damage to the NATIVE VEGETATION in
the preserve. When PROHIBITED EXOTIC VEGETATION
is removed, but the base of the vegetation remains, the base
shall be treated with an U.S. Environmental Protection
Agency approved herbicide and a visual tracer dye shall be
applied. Control of exotics shall be implemented on a yearly
basis or more frequently when required, and shall describe
specific techniques to prevent reinvasion by PROHIBITED
EXOTIC VEGETATION of the site in perpetuity. Non-
NATIVE VEGETATION and nuisance or invasive plants
shall be removed from all Preserves.
iii. Designation of a Preserve Manager. A Preserve Manager
shall be identified as the responsible party to ensure that the
Preserve Management Plan is being complied with. The
individual's name, address and phone number shall be listed
on the Preserve Management Plan. The same information
shall be provided regarding the developer. Both parties will
be responsible until such time that the homeowners
association takes over the management of the preserve. At
that time, the homeowners association shall amend the plan
Page 40 of 80
to provide the homeowner association information and
information regarding the person hired by the association to
manage the preserve. The homeowner's association and
the preserve manager shall be responsible for annual
maintenance of the preserve, in perpetuity. At a min.imum,
the Preserve Manager shall have the same qualifications as
are required for the author of an EIS, as set forth in section
10.02.02 A.3.
iv. Wildlife Habitat Management. Where habitats must be
managed with regards to the species utilizing them, Wildlife
Habitat Management strategies may be required to provide
for specialized treatment of the preserve. Where protected
species are identified, management strategies shall be
developed and implemented in accordance with section
3.04.00. Where site conditions require prescribed bums, a
fire management plan will be developed and implemented.
v. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction and
signage during and after construction that are consistent with
section 3.05.04.
h. ALLOW ABLE USES WITHIN PRESERVE AREAS. Passive
recreational uses such as pervious nature trails or boardwalks
are allowed within the preserve areas, as long as any clearing
required to facilitate these uses does not impact the minimum
required vegetation. For the purpose of this section, passive
recreational uses are those uses that would allow limited
ACCESS to the preserve in a manner that will not cause any
negative impacts to the preserve, such as pervious
PATHWAYS, benches and educational SIGNS. Fences may be
utilized outside of the preserves to provide protection in the
preserves in accordance with the protected species section
3.04.01 D.1.c. Fences and walls are not permitted within the
preserve area.
2. INSPECTIONS AND MAINTENANCE
a. INSPECTIONS SHALL BE REQUIRED FOR ALL
PRESERVES. The preserve areas shall be completed and
approved by inspections conducted in, accordance with the
following schedule:
Page 41 of 80
. '_.,
L Prior to preliminary acceptance of the phase of the required
SUBDIVISION improvements;
iL Within the associated phase of the final site
DEVELOPMENT PLAN prior to the issuance of a certificate
of occupancy.
iiL As required with golf courses, prior to the. issuance of a
certificate of occupancy for the first permitted STRUCTURE
'.
associated with the golf course facility;
iv. Eighty percent vegetative coverage, of the created preserves
and supplemental plantings in preserves, is required within a
two-year period following the initial planting and shall be
maintained in perpetuity. Native plants that recruit on their
own within the preserve will be counted towards this
coverage requirement.
b. ANNUAL MAINTENANCE. Annual maintenance shall be
required according to the Preserve Management Plan
3. REQUIRED SETBACKS TO PRESERVES
a. All PRINCIPAL STRUCTURES shall have a minimum 25-foot
SETBACK from the boundary of any preserve. ACCESSORY
STRUCTURES and all other site alterations shall have a
minimum 10- foot SETBACK from the boundary of any
preserve. There shall be no site alterations within the first 10
feet ADJACENT to any preserve unless it can be demonstrated
that it will not adversely impact the integrity of that preserve.
(Le.. Fill may be approved to be placed within 10 feet of the
upland preserve but may not be approved to be placed within 10
feet of a wetland preserve, unless it can be demonstrated that it
will not negatively impact that wetland.
b. Additional preserve BUFFERS shall be applied to WETLANDS
pursuant to section 3.05.07 F.3.f.
4. EXEMPTIONS
a. Single family residences are subject only to the applicable
vegetation retention standards found in 3.05.07.
b. Applications for DEVELOPMENT ORDERS authorizing site
improvements, such as an SOP or FSP and, on a case by case
basis, a PSP, that are submitted and deemed sufficient prior to
Page 42 of 80
June 19, 2003 are not required to comply with the provisions of
this section 3.05.07 H., which were adopted on or after June 19,
2003.
3.05.08 Requirement for Removal of PROHIBITED EXOTIC VEGETATION
PROHIBITED EXOTIC VEGETATION specifically includes the following:
Earleaf acacia (Acacia auriculiformis)
Australian pine (Casuarina spp.)
Melaleuca (Melaleuca spp.)
Catclaw mimose (Minosa pigra)
Downy rose myrtle (Rhodomyrtus tomentosa)
Brazilian pepper (Schinus terebinthifolius)
Java plum (Syzygium cumini)
Women's tongue (Albizia lebbeck)
Climbing fern (Lygodium spp.)
Air potato (Dioscorea bulbifera)
Lather leaf (Colubrina asiatica)
Carrotwood (Cupaniopsis anacardioides)
A.GENERAL
1. PROHIBITED EXOTIC VEGETATION removal and methods of
removal shall be conducted in accordance with the specific
provisions of each local DEVELOPMENT ORDER.
2. NATIVE VEGETATION shall be protected during the process of
removing PROHIBITED EXOTIC VEGETATION, in accord with the
provisions of section 3.05.04.
3. PROHIBITED EXOTIC VEGETATION shall be removed from the
following locations, and within the following timeframes:
a. From all RIGHTS-Of-WAY, common area tracts not proposed
for DEVELOPMENT, and EASEMENTS prior to preliminary
Page 43 of 80
-.....^-.---.-.-..---.----..--. -. -.-
acceptance of each phase of the required SUBDIVISION
improvements.
b. From each phase of a site DEVELOPMENT PLAN prior to the
issuance of the certificate of occupancy for that phase. .
c. From all golf course fairways, roughs, and ADJACENT OPEN
SPACE/natural preserve areas prior to the issuance of a
certificate of occupancy for the first permitted STRUCTURE
associated with the golf course facility.
d. From property proposing any enlargement of existing interior
floor space, paved parking area, or substantial site improvement
prior to the issuance of a certificate of occupancy.
4. In the case of the discontinuance of use or occupation of land or
water or STRUCTURE for a period of 90 consecutive days or more,
property owners shall, prior to subsequent use of such land or
water or STRUCTURE, conform to the regulations specified by this
section.
5. Verification of PROHIBITED EXOTIC VEGETATION removal shall
be performed by the DEVELOPMENT services directors field
representative.
6. Herbicides utilized in the removal of PROHIBITED EXOTIC
VEGETATION shall have been approved by the U.S.
Environmental Protection Agency. When PROHIBITED EXOTIC
VEGETATION is removed, but the base of the vegetation remains,
the base shall be treated with an U.S. Environmental Protection
Agency approved herbicide and a visual tracer dye shall be applied.
B. EXOTIC VEGETATION MAINTENANCE PLAN. A maintenance plan
shall be submitted to the DEVELOPMENT services director for review on
sites which require PROHIBITED EXOTIC VEGETATION removal prior to
the issuance of the local DEVELOPMENT ORDER. This maintenance
plan shall describe specific techniques to prevent reinvasion by
PROHIBITED EXOTIC VEGETATION of the site in perpetuity. This
maintenance plan shall be implemented on a yearly basis at a minimum.
Issuance of the local DEVELOPMENT ORDER shall be contingent upon
approval of the maintenance plan. Noncompliance with this plan shall
constitute violation of this section. The DEVELOPMENT services
director's field representative shall inspect sites periodically after issuance
of the certificate of occupancy, or other final acceptance, for compliance
with this section.
Page 44 of 80
C. APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON
SINGLE-FAMILY AND TWO-FAMIL Y LOTS. In addition to the other
requirements of this section, the APPLICANT shall be required to remove
all PROHIBITED EXOTIC VEGETATION before a certificate of occupancy
is granted on any new principal or ACCESSORY STRUCTURE and any
additions to the square footage of the principal or ACCESSORY
STRUCTURES on SINGLE-FAMILY or two-family LOTS. The removal of
PROHIBITED EXOTIC VEGETATION shall be required in perpetuity.
Upon issuance of a vegetation removal permit, PROHIBITED EXOTIC
VEGETATION may be removed from LOTS which are zoned residential
single-family (RSF), estates (E), village residential (VR), and MOBILE
HOME (MH), prior to issuance of a BUILDING permit.
3.05.09 Designation of Specimen Tree
By resolution of the BCC, a plant may be designated a specimen tree
because of its historical significance, rarity in the County, age, or
extraordinary size.
3.05.10 Littoral Shelf Planting Area (LSPA)
I
The purpose and intent of a littoral shelf planting area (LSPA) is to establish a
I
planted area within an excavated lake serving as a wet detention pond as part of
a stormwater management system that will support wetland plants, improves the
water quality within the lake and provides habitat for a variety of aquatic species
including wading birds and other waterfowl. Contained within such a lake, this
area will typically function as a freshwater marsh. Accordingly, the following
requirements have been established in order for the LSPA to be designed and
maintained to accomplish this stated purpose and function.
A. DESIGN REQUIREMENTS
1. AREA REQUIREMENTS. The total area of the LSPA shall be
calculated as a percentage of the total area of the lake at control
elevation. Area requirements vary within the County and are as
follows:
a. Rural Fringe Mixed Use District - 30 percent. This
requirement may be reduced subject to the incentives
identified in section 3.05.07 F.4.b.;
b. All other areas - 7 percent.
2. Location criteria. Unless otherwise allowed for, the LSPA shall be
concentrated in one location of the lake(s), preferably ADJACENT
to a preserve area, in order to maximize its habitat value and
minimize maintenance efforts. Multiple locations for meeting the
LSPA area requirement within a single lake shall be allowed as
Page 45 of 80
._...~.._--"~,.^' _.~.
long as a single LSPA is no smaller than 1,000 square feet.
Whenever possible, the LSPA should be located away from
residential LOTS in order to avoid maintenance and aesthetic
conflicts with residential users, and the LSP A shall be located
ADJACENT to control STRUCTURES or pipe outlets or 'iolets in
order to maximize water quality benefits. However, the LSP A shall
be located no closer than 20 feet from any discharge STRUCTURE
or pipe intake so as to not impede flow. If the LSPA is located
around a discharge STRUCTURE, the 20-foot SETBACK shall
extend waterward of the discharge STRUCTURE to a point in the
center of the lake. For interconnected lake systems, the total
required area of the LSPA for all lakes may be configured within a
single lake and at one location.
3. Shelf elevation. The design elevation(s) of the LSPA shall be
determined based on the ability of the LSPA to function as a marsh
community and on the ability of selected plants to tolerate the
expected range of water level fluctuations. Generally, marsh
communities in this area have a hydroperiod of between six and ten
months. Wet seasonal water levels range from 12 to 24 inches
above ground elevation. Dry seasonal water levels are six inches
below ground elevation for an average year and 46 inches below
ground elevation for a one in ten year drought. The design of the
shelf may deviate from these reference values if site-specific data
and information is presented that supports the proposed elevations.
4. Shelf configuration. The LSPA shall be designed so that the slope
of the shelf is as flat as possible. An undulating bottom allowing for
shallow pooling during the dry season is encouraged. Shelves may
be terraced to provide for varying elevations for different plant
species. The area requirements specified in 3.05.10 A.1 shall only
be satisfied by those areas planted on a shelf that has an average
slope of 8:1 or flatter. Shelves having undulating bottoms and
terraced configurations shall be deemed to meet the slope
requirements if the average slope across the shelf is 8: 1 or flatter.
5. Plant selection and specifications. Plants shall be selected based
on the expected FLOODING durations and maximum water depths
for which the selected plants can survive. The LSPA shall be
initially planted with at least three different species of native,
nursery grown or otherwise legally obtained vegetation. No species
shall constitute more than 50 percent of coverage, and at least one
species shall be herbaceous. Spacing shall be no more than: 20
feet for trees; five feet for shrubs; and 36 inches on center for
herbaceous plants. At the time of planting, minimum size shall be:
three gallon (minimum four feet high) for trees; one gallon for
Page 46 of 80
shrubs and 12 inches for herbaceous plants. Clustering of plants
shall be allowed to provide for scattered open areas as long as the
open areas do not constitute more than 20 percent of the required
shelf area and the elevations of the open areas are at least a foot
deeper than the surrounding planted area.
6. Posted area. The boundary of the LSP A shall be posted with
appropriate signage denoting the area as a LSPA. SIGN(s) should
note that the posted area is a Littoral Shelf Planting Area and
contain specific instructions to ensure that the planted area will not
be subjected to herbicidal treatments or other activities that will kill
the vegetation. The SIGNS shall be no closer than ten feet from
residential property lines; be limited to a maximum height of four
feet and a maximum size of two square feet; and, otherwise comply
with section 5.06.03. A minimum of two SIGNS shall be provided to
mark the extent of the LSPA. Maximum SIGN spacing shall be 150
feet.
7. Required information. The planting plan for the LSPA shall provide
the following information:
I
I
a. Calculation table showing the required area (square feet) for
the LSPA and its percentage of the total area at control elevation
(NGVD);
b. Control elevation (NGVD) and dry season water table
(NVGD);
c. Maximum water depth (feet) and estimated number of
months of FLOODING for the range of planted elevations within the
LSPA;
d. A plant list to include the appropriate range of elevations for
each specified plant species, spacing requirements, and plant size;
e. Planting locations of selected plants.
B. Operational requirements: Littoral shelf planting areas shall be
maintained according to the following requirements:
1. Eighty percent vegetative coverage of the LSPA is required within a
two-year period following the initial planting and shall be maintained
in perpetuity. Native plants that recruit within the LSPA will be
counted towards this coverage requirement except as required per
section 3.05.10 B.2 below. The LSPA must be kept free of refuse
and debris.
Page 47 of 80
___~K__.'_" -- ---
2. Prohibited exotics and nuisance species shall be removed as they
occur, manually or with U.S. Environmental Protection Agency
approved herbicides. Prohibited exotics are those species as listed
in this section 3.05.08. For the purpose of this section, nuisance
species include those species listed as Class I and Class II
Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida
Administrative Code. Cattails shall be removed manually or with
U.S. Environmental Protection Agency approved herbicides when
they exceed ten percent coverage of the required LSPA area.
C. Application to existing lakes. All previously approved projects shall
meet the operational requirements required in section 3.05.10.8. above.
1. Projects approved and constructed according to previous standards
may have to meet the new standards if the littoral shelves are no
longer functioning, subject to the following criteria: I
a. The amount of planted area shall be the same as. that
required in the original approval; I
I
I
I
b. The property owner shall assess the existing slopes and
elevations in order to determine the appropriate location of the
plantings subject to the criteria found in section 3.05.10 A.3. The
planted area shall be consolidated as much as possible subject to
the criteria found in 3.05.10 A.2.
c. Subject to the assessment described in b., the existing
planting slopes should be as flat as possible but the 8: 1
requirement of section 3.05.10 AA shall not be required.
d. Plant selection and specifications shall conform to section
3.05.10 A.5;
e. Signage of the planted littoral areas shall be required subject
to section 3.05.10 A.6.
2. For amendments to approved excavations where the proposed
amendments will modify the previously approved lake SHORELINE
or increase the previously approved lake area, signage of the
planted littoral areas shall be required subject to section 3.05.10
A.6.
a. For amendments that modify less than 20 percent of the
previously approved SHORELINE but increase the previously
approved lake area, only the additional portion of the lake shall
Page 48 of 80
be used to calculate the additional LSPA area using the
percentage requirements of 3.05.10 A.1. (See figure 1 below)
This additional LSPA shall conform to the design requirements
of 3.05.10 A.
b. For amendments that modify 20 percent or more of the
previously approved SHORELINE, the total lake area shall
be used to calculate the LSP A area using the percentage
requirements of 3.05.10 A.1. (See figure1 below) The LSPA
shall conform to the design requirements of 3.05: 1 0 A.
Page 49 of 80
--
,.,. ;3 !d 1 .~1' .
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;
......,..__...__..r
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ftlr ..,.-.,-, tW 'q'"i.lft......c." ... ...
-
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. ~...... . ~ ~............
~....4 J. ........
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- - - - . ..'W. jlWiri\.. _,_
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N ... ~ ,. __ r .1........ L.lR'A......... tit.
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Figure 1
Page 50 of 80
D. EXEMPTIONS. Lake excavations activities which are lawfully
permitted and used for AQUACULTURE shall be exempt from the LSPA
requirements. Lake excavation activities subject to the Resource
Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt
from the LSPA requirements but shall otherwise be required to fbllow the
mine reclamation requirements required in the Code of Laws of Collier
County. Exempted lake excavations that are modified to allow the lake to
function as a wet detention pond as part of a stormwat~r management
system shall no longer be exempted from this section and shall meet the
standards contained herein at the time of modification.
3.06.00 GROUNDWATER PROTECTION
3.06.01 Purpose and Intent
A. The purpose of this section is to establish standards, regulations, and
procedures for the review and approval of existing and proposed
DEVELOPMENT within mapped wellfield protection zones in the
unincorporated area and the incorporated areas of the County. The
standards and regulations of this section shall be implemented to
protect existing and future weifields, protect natural AQUIFER system
recharge areas, protect Countywide groundwater resources, and to
protect the public health and resources through regulation and
establishment of standards for DEVELOPMENT involving the use,
storage, generation, handling, and disposal of quantities of
HAZARDOUS PRODUCTS and HAZARDOUS WASTE in excess of
identified quantities, disposal of sewage and effluent, stormwater
management, earthmining, petroleum exploration, SOLID WASTE,
and other related aspects of land use and DEVELOPMENT.
B. It is the intent of the BCC that this section implement and be consistent
with the Collier County GMP. Implementation will provide for the long-
term protection of the County's groundwater resource, and through the
management of those land uses and DEVELOPMENTS within wellfield
management special treatment overlay zones and Countywide
groundwater protection zones, ensure short-term protection. This
section is intended to be consistent with principles of property rights,
as balanced with the health, safety, and welfare of the general public.
C. In order to protect the County's potable groundwater resources, this
section establishes Countywide groundwater protection standards,
implemented through a Countywide groundwater protection zone, and
a series of wellfield risk management special treatment overlay zones
around identified public water supply wellfields. These special
treatment overlay zones and groundwater protection zone form the
basis of land use management prohibitions and regulations to reduce
or eliminate the potential for groundwater contamination from specified
land uses and activities.
3.06.02 Protected Public Water Supply Wellfields
Page 51 of 80
"--~~-~ M_'W .-.-
A. The public water supply wellfi.elds, identified in section 3.06.06 and
permitted by the SFWMO for potable water to withdraw a minimum of
100,000 average gallons per day (GPO), are identified as protected
wellfields, around which specific land use and activity (regulated
DEVELOPMENT) shall be regulated under this section.
B. There are hereby created wellfield risk management special treatment
overlay zones around each existing public water supply wellfield
permitted by the SFWMO, to. ~ithdraw a minimum of 100,000 average
gallons per day or more. These wellfield risk management special
treatment overlay zones are generally depicted on wellfield protection
zone maps and are made a part hereof as Illustration 3.06.02 A.
Wellfield risk management special treatment overlay zones shall be
supplemental to existing and future zoning and land use regulations,
and shall not be deemed to permit or authorize any use or activity not
otherwise permitted in the underlying zoning district or allowable in the
underlying future land use designation.
Illustration 3.06.02 A.
I
I
I
I
Page 52 of 80
COlliER COUNTY
UTiliTIES WEllFIElD
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( Replaces map entitled Collier County Utllltes )
Page 53 of 80
FLORIDA GOVERNMENTAL
UTILITY AUTHORITY GOLDEN
GATE WATER TREATMENT
PLANT WELLFIELD
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( Replaces untitled map of Florida Cities (Avatar) Wellfleld )
Page 54 of 80
COASTAL RIDGE
WELLFIELD
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( Replaces map entitled Coastal Ridge)
Page 55 of 80
__H '~."_ .._~. ~.___,
EAST GOLDEN GATE
WELLFIELD
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( Replaces map entitled East Golden Gate Wellfleld )
Page 56 of 80
ORANGE TREE
WELLFIELD
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( New map)
Pag8 :5.7 of 80
IMMOKALEE
WATER AND SEWER DISTRICT
WELLFIELDS
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( Replaces untitled map of Immokalee Wellflelds )
Page 58 of 80
EVERGLADES CITY
WELLFIELD
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( Replaces untitled map of Everglades City Wellfield )
Page 59 of 80
-- -
3.06.03 Description and Basis of Wellfield Risk Management Special
Treatment Overlay Zones
Wellfield risk management special treatment overlay zones are derived
from the three-dimensional computer-modeled analysis of groundwater
flow and solute transport in the County's freshwater AQUIFER system, as
prepared and presented in a study commissioned by the County and
known as the nThree-Dimensional Simulation of Wellfield Protection Areas
in Collier County, Floridan (Voorhees and Mades, 1989) (the three-
dimensional wellfield study).
A. Wellfield risk management special treatment overlay zone W-1 (zone
W-1). The land area between an identified wellfield and the five (5)
percent groundwater capture zone, approximating the one (1) year
wellfield risk management special treatment overlay zone boundary, as
shown on the wellfield risk management special treatment overlay
zone map, Illustration 3.0e.02 A, which area shall be protected from
the DISCHARGE or accidental release of contaminants from a sanitary
hazard or other contaminant source, including the DISCHARGE or
accidental release of HAZARDOUS PRODUCTS and HAZARDOUS
WASTES. \
B. Wellfield risk management special treatment overlay zone W-2 (zone
W-2). The land area between zone W-1 and the ten (10) percent
groundwater capture zone, approximating the two (2) year wellfield risk
management special treatment overlay zone boundary, as shown on
the wellfield risk management special treatment overlay zone map,
Illustration 3.06.02 A, which area shall be protected from the discharge
or accidental release of contaminants, including from a sanitary hazard
or other contaminant source and the discharge or accidental release of
HAZARDOUS PRODUCTS and HAZARDOUS WASTES.
C. Wellfield risk management special treatment overlay zone W-3 (zone
W-3). The land area between zone W-2 and the twenty-five (25)
percent groundwater capture zone, approximating the five (5) year
wellfield risk management special treatment overlay zone boundary, as
shown on the wellfield risk management special treatment overlay
zone map, Illustration 3.06.02 A, which area may be protected from the
discharge or accidental release of specific contaminants, including the
discharge or accidental release of HAZARDOUS PRODUCTS and
HAZARDOUS WASTES.
D. Wellfield risk management special treatment overlay zone W-4 (zone
W-4). The land area between zone W-3 and the 100 percent
groundwater capture zone for the twenty (20) year planning limit, which
is the twenty (20) year wellfield risk management special treatment
overlay zone boundary, as shown on the wellfield risk management
special treatment overlay zone map, Illustration 3.06.02 A, which area
may be protected from the discharge or accidental release of specific
Page 60 of 80
contaminants, including the discharge or accidental release of
HAZARDOUS PRODUCTS and HAZARDOUS WASTES.
3.06.04 Groundwater Protection
A. There are hereby created groundwater protection special t~eatment
overlay zones, as generally depicted on the wellfield risk management
special treatment overlay zone maps, Illustration 3.06.02 A. These
groundwater protection special treatment overlay zones reflect wellfield
risk management zones W-1, W-2, W-3, and W-4;' areas of high
natural AQUIFER recharge in the County (ST-NAR), ,and the natural
recharge areas of the County that require minimum groundwater
protection and within which future public water supply wells may be
located (GWP).
8. Wellfield risk management special treatment overlay zones, high
natural AQUIFER recharge special treatment zones (ST-NAR), and
groundwater protection special treatment overlay zones shall be
supplemental to existing and future zoning and land use regulations,
and shall not be deemed to permit or authorize any use or activity not
otherwise permitted in the underlying zoning district or allowable in the
underlying future land use designation.
C. The high natural AQUIFER recharge special overlay zones (ST-NAR)
and the groundwater protection zones (GWP) are based upon:
1. Those portions of the County identified as areas of high natural
AQUIFER recharge to the surficial and intermediate AQUIFER
systems (ST-NAR).
2. The susceptibility of the surficial and intermediate AQUIFER
systems in the County to contamination resulting from surficial
activities and the need for protection of the groundwater resource
as a future public water supply (GWP).
D. High natural aquifer recharge areas (ST-NAR). These areas have not
yet been defined. The prohibitions and regulations for this special
treatment overlay zone shall be based upon the determination and
designation of those portions of the County that naturally function as
high natural recharge areas to the surficial and intermediate AQUIFER
systems. Upon identification of ST-NAR areas, pursuant to these
regulations, shall be amended to include the ST -NAR special treatment
overlay zone where appropriate.
E. Groundwater protection area (GWP). All of the County provides natural
AQUIFER recharge to the water table AQUIFER, and the potential for
natural AQUIFER recharge to the unconfined or semi-confined
portions of the Lower Tamiami and Sandstone AQUIFERS. Natural
AQUIFER recharge from the water table AQUIFER constitutes
approximately eighty (80) percent of the recharge to the Lower
Tamiami AQUIFER on a regional basis. That area of the County,
excluding W-1, W-2, W-3, W-4, and ST-NAR, shall be provided with a
minimum level of groundwater protection and shall be designated as
GWP.
Page 61 of 80
- ----------_...,..-- --......-
3.06.05 Annual Review of Zones
The wellfield risk management special treatment overlay zone maps,
Illustration 3.06.02 A, shall be reviewed by the BCC on an annual basis, or
more often as may be determined by the County Manager or designee in
his discretion upon the occurrence of:
A. Changes in technical knowledge concerning the understanding of
groundwater hydraulics, as applied to the hydrogeology of applicable
AQUIFER systems in the County.
B. Changes in the permitted withdrawals from the identified wellfield(s).
C. Reconfiguration of identified wellfields.
D. The designation of new wellfield(s) as protected under this section.
E. Availability of any other technical or scientific information relative to the
AQUIFER systems in the County.
3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones,
as defined in section 3.06.03, and criteria specified herein shall be
applied to the following wellfields:
A. East Golden Gate Wellfield.
B. Coastal Ridge (Goodlette Road) Wellfield.
C. Collier County Utilities Wellfield.
D. Everglades City Wellfield.
E. Florida Governmental Utility Authority Golden Gate Water Treatment
Plant Wellfield.
F. The Orange Tree Wellfield.
G. Immokalee Water and Sewer District wellfields drilled into the Lower
Tamiami AQUIFERS and Sandstone AQUIFERS.
3.06.07 Unregulated Wellfields
Wellfield risk management special treatment overlay zones, as defined in
section 3.06.03 and the criteria specified in 3.06.12, shall not be applied
to Port of the Islands Wellfield.
3.06.08 Determination of Location Within Wellfield Risk Management Zones
In determining the location of regulated DEVELOPMENT within the
wellfield risk management zones, the following rules shall apply:
A. Regulated DEVELOPMENT located wholly within a single wellfield risk
management zone, as reflected on the wellfield risk management
special treatment overlay zone map(s), shall be governed by the
restrictions applicable to that zone.
B. Where a boundary between two (2) ADJACENT wellfield risk
management zones, as reflected on the wellfield risk management
special treatment overlay map(s), passes through the STRUCTURE of
a regulated DEVELOPMENT, the entire STRUCTURE and regulated
DEVELOPMENT shall be considered to be in the more restrictive
zone.
Page 62 of 80
C. Where the site of a regulated DEVELOPMENT lies within two (2) or
more wellfield risk management zones, as reflected on the wellfield risk
management special treatment overlay map(s), and the structural or
activity portion of the site may be confined to one (1) of the zones, then
each portion of the regulated DEVELOPMENT shall be governed by
the restrictions applicable to the applicable overlay zone in which the
portion is located, so long as the owner and/or operator provides
reasonable assurances that a discharge or accidental release will be
prohibited from entering the more restrictive zone.
3.06.09 Protection of Future Wellfields
A. Wellfield risk management zones shall be established around those
future public water supply wellfields with SFWMD permitted
withdrawals of a minimum of 100,000 gallons per day from the surficial
AQUIFER system.
B. Future public water supply wellfields with SFWMD permitted
withdrawals of a minimum of 100,000 gallons per day from the
intermediate AQUIFER system shall be evaluated on a case-by-case
basis to determine the applicability of wellfield risk management zone
delineation.
C. Wellfield risk management zones shall not be established for those
future public water supply wellfields with SFWMD permitted
withdrawals of a minimum of 100,000 gallons per day from the Floridan
AQUIFER system.
D. All regulated DEVELOPMENT within the wellfield risk management
zones of the future public water supply wellfields shall comply with the
regulations and standards of construction of section 3.06.12 and
section 3.06.13 hereof, which incorporate, by reference, the state1s
groundwater standards of nondegradation and enhancement of
groundwater.
3.06.10 Effect of SETBACKS and BUFFERS from Sanitary Hazards as
Promulgated and Adopted in the Florida Administrative Code
The Florida Administrative Code, establishes minimum SETBACKS and
BUFFERS between the placement of identified sanitary hazards and
public potable water supply wells. The location of the following regulated
DEVELOPMENT and associated activity shall be subject to the minimum
SETBACK and BUFFER requirements as promulgated and adopted by
the DEP, and incorporated herein by reference. For reference purposes
only, the applicable SETBACKS from potable water wells on the effective
date of this section [November 18, 1991] are as follows:
A. Domestic WASTEWATER treatment plant outfall, as regulated
under the Florida Administrative Code, shall discharge not less than
five 500 feet from an approved, but not yet constructed, potable
water intake.
Page 63 of 80
--.--.., ---~ ._- - ._~, c._.
B. Application of sludge, as regulated under the Florida Administrative
Code, shall be no closer than 500 feet from a shallow public water
supply well, as defined in the Florida Administrative Code.
C. The edge of the wetted area used for the application and reuse of
reclaimed water, as regulated under the Florida Administrative
Code, shall be no closer than seventy-five (75) feet from an existing
or HRS-approved potable water supply well; and reclaimed water
transmission facilities sha,II. be no closer than seventy-five (75) feet
from a potable water supply well.
D. The edge of the pond, basin, or trench embankment used for a
rapid rate land application system, as regulated under the Florida
Administrative Code, shall be no closer than 500 feet from an
existing or HRS-approved potable water supply well, or 200 feet if
conditions specified in the cited rule are met.
E. The edge of a reuse absorption field, as regulated under the Florida
Administrative Code, shall be no closer than 500 feet from an
existing or HRS-approved potable water supply well, or 200 feet if
conditions specified in the cited rule are met.
F. The edge of the wetted area used for effluent disposal by overland
flow, as regulated under the Florida Administrative Code, shall be
no closer than 100 feet from an existing or HRS-approved po~able
water supply well; and a reclaimed WASTEWATER transmission
facility, as regulated under the Florida Administrative Code, shall be
no closer than 100 feet from a public water supply well.
G. Domestic WASTEWATER residuals land application, as regulated
under the Florida Administrative Code, shall be no closer than 500
feet from any shallow public water supply well.
H. Dairy farms, regulated under the Florida Administrative Code, shall
maintain a 300 feet separation between storage and treatment or
high intensity areas and a drinking water supply well; and shall
maintain a separation of 200 feet between land application of
WASTEWATER and a drinking water supply well. The land
application of egg wash WASTEWATER, as regulated under the
Florida Administrative Code, shall be no closer than 200 feet from a
drinking water supply well.
I. Disposal of SOLID WASTE, as regulated under the Florida
Administrative Code, is prohibited within 500 feet of an existing or
approved shallow water supply well, unless the disposal meets the
standards of the Florida Administrative Code.
J. Any other applicable SETBACK and BUFFER from a drinking
water supply well required by state or federal regulations shall be
applicable to any new or substantially modified regulated
DEVELOPMENT after the effective date of this section [November
18, 1991].
3.06.11 Exempted DEVELOPMENT
Page 64 of 80
The following legally existing and future DEVELOPMENT is deemed by
the BCC to be exempt from the prohibitions, regulations, and standards of
construction established by this section as set forth below. These
exemptions shall not be construed, or otherwise interpreted to, exempt
that DEVELOPMENT prohibited or regulated in section 3.06.12 hereof.
A. Wellfield exemption. A wellfield exemption for a particular
DEVELOPMENT shall not automatically expire so long as the
DEVELOPMENT meets the criteria of this section. An exemption for a
particular DEVELOPMENT shall be subject to revision or revocation,
pursuant to the procedures in Chapter 10.
1. The transportation of any HAZARDOUS PRODUCT or
HAZARDOUS WASTE shall be exempt from the provisions of this
section, provided that the transporting motor vehicle is in
continuous transit. This exemption shall not be construed to
prohibit the delivery of a HAZARDOUS PRODUCT or the
temporary stop of such motor vehicle for such period of time as is
necessary for refueling, emergency repairs, and driver comfort.
2. The use of any petroleum product solely as a fuel in a vehicle1s
fuel tank or as a lubricant in a vehicle shall exempt the vehicle from
the provisions of this section.
3. The use of fertilizers containing nitrates shall be generally exempt
from this section.
4. The activities of constructing, repairing, or maintaining any facility
or of facility improvement shall be exempt from the provisions of
this section, provided that all contractors, subcontractors, laborers,
materialmen, and their employees or agents, when using,
handling, storing, producing, transporting, or disposing of
HAZARDOUS PRODUCTS or HAZARDOUS WASTES,
continuously use industry standard best management practices to
ensure that HAZARDOUS PRODUCTS, HAZARDOUS WASTES,
or other contaminants are not discharged or accidentally released.
5. Application of pesticides, herbicides, fungicides, and rodenticides
in any nonresidential pest control and aquatic weed control activity
shall not be required to obtain a certificate to operate under this
section provided that:
a. The application of pesticides, herbicides, fungicides, and
rodenticides is in strict accordance with federal requirements ,
and as indicated on the containers in which the substance is
sold or stored.
b. The use of pesticides, herbicides, fungicides, and rodenticides
is in strict accordance with the requirements of the Florida
Administrative Code.
6. Emergency generators that are accessory to a public utility, and
which will provide emergency electrical power to ensure a
continuous supply of a public benefit, including, without limitation, a
public potable water supply, natural gas, sewer service, and
Page 65 of 80
.~.~.._~.,."_.,-~._--~---,._. -.--'-
telephone service, shall not be required to obtain a certificate to
operate, so long as the state-mandated SETBACKS and
BUFFERS as may be set forth in the Florida Administrative Code,
and incorporated by reference in section 3.06.10 hereof, are met
and maintained. Emergency generators that are accessory to
ESSENTIAL SERVICES, such as elevators in CONDOMINIUMS,
HOSPITALS, and other publicly accessed places, and which are
connected to fuel storage tanks of less than 110 gallons, shall be
exempt from regulation under this section.
7. Retail sales establishments that store, and handle for resale,
HAZARDOUS PRODUCTS in the substance's original and
unopened individual containers, of not more than five (5) gallons or
fifty (50) pounds, shall not be required to obtain a certificate to
operate.
8. Electrical power transformers that are necessary equipment to the
operation of electric power utilities, which deliver essential electric
service of a public benefit, including both distribution and
substation power transformers, shall not be required to obtain a
certificate to operate, so long as the state-mandated SETBACKS
and BUFFERS as may be set forth in the Florida Administrative
Code, and incorporated by reference in section 3.06.10hereof, are
met and maintained.
B. The continued wellfield exemption status of a regulated
DEVELOPMENT shall be dependent upon compliance with the criteria
of section 3.06.11 (A) and this section. In order to ensure compliance
with the criteria of section 3.06.11 (A), the County may inspect the
premises of the regulated DEVELOPMENT at reasonable times and
after reasonable notice and consent of the owner and/or operator.
Where consent has been withheld, the County may obtain an
inspection warrant in the same manner as provided for in ~403.091,
F.S. Agents of the County shall be provided with official identification,
and shall exhibit this identification prior to any inspection.
3.06.12 Regulated DEVELOPMENT
A. Generally.
1. Unless otherwise exempted from compliance with this section, it
shall be unlawful to substantially modify, replace, or maintain an
existing regulated DEVELOPMENT, or to commence the operation
or construction of the following regulated DEVELOPMENT in
violation of the standards set forth in this section.
2. All existing regulated DEVELOPMENT, unless otherwise expressly
provided herein, shall have been constructed and permitted in
accordance with applicable local, state, and federal law and
regulations. All existing regulated DEVELOPMENT meeting these
criteria is deemed to be legal NONCONFORMING regulated
DEVELOPMENT which shall, within one (1) year of the effective
date of this section [November 18, 1991], come into compliance
Page 66 of 80
with the standards for existing regulated DEVELOPMENT as
provided in this section.
3. All existing regulated DEVELOPMENT not constructed and
permitted in accordance with applicable local, state, and federal
law and regulations, is deemed to be illegal NONCONFORMING
regulated DEVELOPMENT and shall, within one (1) year of the
effective date of this section [November 18, 1991], come into
compliance with the standards for future regulated
DEVELOPMENT as provided in this section.
B. Existing SOLID WASTE DISPOSAL FACILITIES.
1. All existing SOLID WASTE DISPOSAL FACILITIES shall have
met the applicable state-mandated SETBACKS and BUFFERS as
adopted in the Florida Administrative Code and incorporated by
reference in 3.06.10 hereof.
2. In zones W-1 and W-2, the OWNER and/or operator of an existing
lawful NONCONFORMING SOLID WASTE DISPOSAL FACILITY
shall:
a. Monitor discharges to groundwater as provided under the
Florida Administrative Code.
b. Comply with the operating criteria established under the Florida
Administrative Code.
c. Submit to the County copies of all groundwater monitoring
reports and other operational reports, as may be required by
the DEP on a quarterly basis, or as submission may otherwise
be required by the DEP.
3. In zones W-3, W-4, and GWP, existing SOLID WASTE
DISPOSAL FACILITIES are not regulated under this section.
C. Future SOLID WASTE DISPOSAL FACILITIES. In zones W-1, W-2,
W-3, and W-4, future SOLID WASTE DISPOSAL FACILITIES are
prohibited. In the GWP zone, future SOLID WASTE DISPOSAL
FACILITIES are prohibited in the absence of a wellfield
CONDITIONAL USE permit.
D. Existing SOLID WASTE TRANSFER STA TIONS.
1. In zones W-1, W-2, W-3, and W-4, the continued operation of a
lawful NONCONFORMING SOLID WASTE TRANSFER STATION
shall be allowed after the effective date of this section [November
18, 1991] upon the owner and/or operator of such facility obtaining
a certificate to operate from the County, which shall include the
following conditions:
a. Compliance with the operating criteria established under the
Florida Administrative Code.
b. The owner and/or operator shall submit copies of all
groundwater monitoring reports and other operational reports,
as may be required by the DEP on a quarterly basis, or as may
otherwise be required by the DEP.
Page 67 of 80
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c. The owner and/or operator shall report any discharge or
accidental release of contaminants to the County within twenty-
four (24) hours of discovery.
2. In the GWP zone, existing SOLID WASTE TRANSFER
STATIONS are not regulated under this section.
E. Future SOLID WASTE TRANSFER STA TIONS.
1. In zones W-1, W-2, and W-3, future SOLID WASTE TRANSFER
STATIONS are prohibited.
2. In zones W-4 and GWP, future SOLID WASTE TRANSFER
STATIONS shall operate pursuant to a certificate to operate issued
by the County, subject to compliance with the following criteria:
a. Compliance with the operating criteria established under the
Florida Administrative Code.
b. The owner and/or operator shall submit copies of all
groundwater monitoring reports and other operational reports,
as may be required by the DEP on a quarterly basis, or as may
otherwise be required by the DEP.
c. The owner and/or operator shall report any discharge or
accidental release of contaminants to the County within twenty-
four (24) hours of discovery.
F. Existing and future SOLID WASTE STANDARD CONTAINERS and
SOLID WASTE BULK CONTAINERS.
1. In zones W-1 and W -2, all SOLID WASTE STANDARD
CONTAINERS shall be constructed of a leakproof and
nonabsorbent material, with handles, provided with a closely fitting
watertight cover.
2. In zones W-3, W-4, and GWP, SOLID WASTE STANDARD
CONTAINERS are not regulated under this section.
3. In zones W-1, W-2, W-3, W-4, and GWP, all SOLID WASTE
BULK CONTAINERS shall be constructed of a leakproof and
nonabsorbent material, and fitted with a rainproof lid or cover.
G. Future SOLID WASTE storage, collection, and recycling facilities.
1. In zones W-1, W-2, W-3, W-4, and GWP, storage, collection, and
recycling facilities, that do not handle HAZARDOUS PRODUCTS
or HAZARDOUS WASTES, are not regulated under this section.
2. In zones W-1, W-2, and W-3, future SOLID WASTE storage,
collection, and recycling facilities that will handle HAZARDOUS
PRODUCTS and HAZARDOUS WASTES shall be prohibited.
3. In zones W-4 and GWP, future SOLID WASTE storage, collection,
and recycling facilities are not regulated under this section.
H. Disposal of hazardous waste. In zones W-1, W-2, W-3, W-4, and
GWP, the disposal of any hazardous waste, or constituent thereof, in
an existing or future landfill or other land disposal.system is prohibited.
I. Existing and future nonresidential use, handling, storage, generation,
transport, or processing of HAZARDOUS PRODUCTS.
Page 68 of 80
1. In zones W-1, W-2, and W-3, future non residential
DEVELOPMENT and the continued operation or use of existing
nonresidential DEVELOPMENT, which, at any point in time, uses,
handles, stores, generates, transports, or processes
HAZARDOUS PRODUCTS that are not gaseous at 105 degrees
Fahrenheit and ambient pressure, and are not in quantities that
exceed 250 gallons for liquids or 1,000 pounds for solids, shall be
allowed pursuant to tbe owner and/or operator of such
DEVELOPMENT obtaining a certificate to operate issued by the
County. The certificate to operate shall incorporate the following
conditions:
a. Existing nonresidential regulated DEVELOPMENT shall
implement a detailed containment plan, approved by the county
manager, and providing for containment of the HAZARDOUS
PRODUCT(S) which will provide for absorption of not less than
an equivalent volume of the HAZARDOUS PRODUCT(S), or
provide for secondary containment with a volume of at least 110
percent of the largest container; or other comparable method to
manage discharges or accidental releases and prevent contact
with the land or waters constituting or connected to waters of
the state as defined in Chapter 403, F.B. Liquid HAZARDOUS
PRODUCTS in tanks with a capacity of greater than 250 gallons
must be stored in secondary containment with a volume of at
least 110 percent of the largest container, plus the displacement
of that and any other tank(s) within the containment area.
Rainwater may not exceed ten (10) percent of the volume in the
secondary containment area at any time.
b. Future nonresidential regulated DEVELOPMENT shall
implement a detailed containment plan, approved by the County
Manager or designee, in accordance with the standards set
forth in subsection (1 )(a) hereof, with the exception that the
future regulated DEVELOPMENT shall provide for both the
containment and absorption of HAZARDOUS PRODUCTS.
c. HAZARDOUS PRODUCTS must be removed from the
secondary containment within twenty-four (24) hours of the
discharge or accidental release.
d. Submittal to the County of a fire plan approved by the local fire
district.
e. Upon discovery of any discharge or accidental release,
implementation of a detailed contingency plan, approved by the
county manager, which shall describe the actions to be taken by
the owner and/or operator in the event of a discharge or
accidental release of a HAZARDOUS PRODUCT under this
section,. Actions shall include first response steps to control
and prohibit the discharge or accidental release of the
HAZARDOUS PRODUCT; remedial actions consistent with
Page 69 of 80
--- "'-."---~
applicable state and federal laws; and proper disposal of the
HAZARDOUS PRODUCT. Emergency telephone numbers
shall be provided for local and state response units, and the
owner and/or operator's designated emergency response
personnel. The plan shall demonstrate compliance with the
applicable state and federal regulations. The County shall
provide forms for reporting of discharges or accidental releases.
f. The owner and/or operator of the facility shall report, to the
County, discharges or accidental releases exceeding fifty (50)
gallons including: date, time, product discharged or released,
control measures used, quantity of product discharged or
released, and disposition of recovered waste, within forty-eight
(48) hours of the discharge or accidental release.
g. Annual inspections.
2. In zone GWP, all future and existing non residential
DEVELOPMENT involving the use, handling, storage, generation,
transport, or processing of HAZARDOUS PRODUCT below the
thresholds stated in section 3.06.12(1)(1), and all future and
existing nonresidential DEVELOPMENT in zones W-4 and GWP
involving the generation or storage of hazardous waste at or above
the thresholds stated in section 3.06.12(1)(2) hereof, shall not be
required to obtain a certificate to operate, but shall comply with the
following:
a. No HAZARDOUS PRODUCT shall be discharged or released to
any stormwater treatment system.
b. No HAZARDOUS PRODUCT shall be discharged or released to
anyon-site sewage disposal system not permitted for industrial
or manufacturing use.
c. No HAZARDOUS PRODUCT shall be discharged or released to
any WASTEWATER treatment system not permitted for
industrial waste.
d. No HAZARDOUS PRODUCT shall be discharged or released to
the surface of the land or into any water constituting or
connecting to waters of the state defined in Chapter 403, F.B.
e. All HAZARDOUS PRODUCTS shall be retained on-site until
use.
f. All HAZARDOUS PRODUCTS shall be stored in rainproof and
leakproof containers.
g. discharges or accidental release of HAZARDOUS PRODUCT
exceeding fifty (50) gallons shall be reported to the County
within forty-eight (48) hours of discovery. The report shall
indicate the date, time, product discharged or released, control
measures used, quantity of product discharged or released, and
disposition of recovered product.
J. Existing and future residential use, handling, storage, generation,
transport, or processing of HAZARDOUS PRODUCTS. The existing
Page 70 of 80
and future residential use, handling, storage, generation, transport, or
processing of HAZARDOUS PRODUCTS is not regulated under this
section.
K. Existing and future nonresidential generation or storage of hazardous
waste. In zones W-1, W-2, and W-3, future nonresidential facilities,
and the continued operation or use of existing nonresidential facilities,
that generate or store HAZARDOUS WASTES, which accumulate
more than 220 pounds per month or 110 gallons at any point in time,
shall be allowed pursuant to the owner and/or operator obtaining a
certificate to operate. The certificate to operate shall incorporate the
following conditions:
1. Existing nonresidential regulated DEVELOPMENT shall implement
a detailed containment plan, approved by the County Manager or
designee, and providing for containment of the hazardous
waste(s), which will provide for absorption of not less than an
equivalent volume of the hazardous waste(s), or provide for
secondary containment with a volume of at least 110 percent of the
largest container; or other comparable method to manage
discharges or accidental releases, and prevent contact with the
land or waters constituting or connected to waters of the state as
defined in Chapter 403, F.B. Liquid HAZARDOUS WASTES in
tanks with a capacity of greater than 250 gallons must be stored in
secondary containment with a volume of at least 110 percent of the
largest container, plus the displacement of that and any other
tank(s) within the containment area. Rainwater may not exceed ten
(10) percent of the volume in the secondary containment area at
any time.
2. Future nonresidential regulated DEVELOPMENT shall implement
a detailed containment plan, approved by the County Manager or
desinee, in accordance with the standards set forth in subsection
(1 ) hereof, with the exception that the future regulated
DEVELOPMENT shall provide for both the containment and
absorption of HAZARDOUS WASTES.
3. Existing and future nonresidential regulated DEVELOPMENT shall
comply with the following conditions:
a. HAZARDOUS WASTES must be removed from the secondary
containment within twenty-four (24) hours of the discharge or
accidental release.
b. Submittal to the County of a fire plan approved by the local fire
district.
c. Upon discovery of any discharge or accidental release,
implementation of a detailed contingency plan, approved by the
county manager, which shall describe actions to be taken by the
owner and/or operator in the event of a discharge or accidental
release of a hazardous waste under this section. Actions shall
include first response steps to control and prohibit the discharge
Page 71 of 80
---- . <~-
or accidental release of the hazardous waste; remedial actions
consistent with applicable state and federal laws; and proper
disposal of the hazardous waste. Emergency telephone
numbers shall be provided for local and state response units,
and the owner and/or operators designated emergency
response personnel. The plan shall demonstrate compliance
with the applicable state and federal regulations. The County
shall provide forms fQr reporting of discharges or accidental
releases.
d. The owner and/or operator of the facility shall report, to the
County, discharges or accidental releases exceeding fifty (50)
gallons including: date, time, waste discharged or released,
control measures used, quantity of waste discharged or
released, and disposition of waste product, within forty-eight
(48) hours of the discharge or accidental release.
e. Annual inspections.
4. In zones W-1, W-2, and W-3, all future and existing nonresidential
DEVELOPMENT involving the generation or storage of hazardous
waste below the thresholds stated herein , and all existing
nonresidential DEVELOPMENT in zones W-4 and GWP involving
the generation or storage of hazardous waste at or above, the
thresholds stated herein , shall not be required to obtain a
certificate to operate, but shall comply with the following:
a. No hazardous waste shall be discharged or released to any
stormwater treatment system.
b. No hazardous waste shall be discharged or released to any on-
site sewage disposal system not permitted for industrial or
manufacturing use.
c. No hazardous waste shall be discharged or released to any
WASTEWATER treatment system not permitted for industrial
waste.
d. No hazardous waste shall be discharged or released to the
surface of the land or into any water constituting or connecting
to waters of the state as defined in Chapter 403, F.B.
e. All hazardous waste shall be retained on-site until disposed of in
accordance with applicable law.
f. All hazardous waste shall be stored in rainproof and leakproof
containers.
g. discharges or accidental release of hazardous waste exceeding
fifty (50) gallons shall be reported to the County within forty-
eight (48) hours of discovery. The report shall indicate the date,
time, waste discharged or released, control measures used,
quantity of waste discharged or released, and disposition of
recovered waste.
L. Existing and future residential generation or storage of HAZARDOUS
WASTES. In zones W-1, W-2, W-3, W-4, and GWP, residential
Page 72 of 80
generation and storage of hazardous waste are not regulated under
this section.
M. Existing and future domestic WASTEWA TER treatment plants.
1. All future and existing domestic WASTEWATER treatment plants
shall have been constructed and permitted in accordance with
applicable state law and regulations, and comply with the state-
mandated SETBACKS and BUFFERS as adopted in the Florida
Administrative Code and incorporated by reference in section
3.06.11.
2. In zone W-1, all future domestic WASTEWATER treatment plants
are prohibited. The continued operation of all existing legal
NONCONFORMING domestic WASTEWATER treatment plants
shall be allowed to continue pursuant to the owner and/or operator
obtaining a certificate to operate. The certificate to operate shall
incorporate the following conditions:
a.AlI applicable sampling requirements of .the Florida
Administrative Code, pertaining to monitoring of influent and
effluent.
b. All applicable groundwater monitoring requirements of the
Florida Administrative Code, pertaining to groundwater
monitoring, and provide the County with copies of all monitoring
reports submitted to the DEP.
c. The applicable influent and/ or effluent and groundwater
monitoring reporting requirements of the Florida Administrative
Code, and provide the County with copies of all monitoring
reports submitted to the DEP.
3. In zones W-2, W-3, W-4, and GWP, future domestic
W ASTEW A TER treatment plants and the continued operation of
all existing legal NONCONFORMING domestic WASTEWATER
treatment plants permitted for over 100,000 gpd, shall be allowed
pursuant to the owner and/or operator demonstrating compliance
with and incorporating the following conditions:
a. All applicable groundwater monitoring requirements of the
Florida Administrative Code, pertaining to groundwater
monitoring.
b. On a quarterly basis, the owner and/or operator shall provide
the County with copies of all current monitoring reports
submitted to the DEP.
N. Existing land disposal systems for domestic WASTEWA TER treatment
plant effluent.
1. All existing land disposal systems for application of domestic
WASTEWATER treatment plant effluent shall have been
constructed and permitted in accordance with applicable state law
and regulations, and comply with the state-mandated SETBACKS
and BUFFERS as adopted in the Florida Administrative Code and
as incorporated by reference in section 3.06.10.
Page 73 of 80
---... --
2. In zone W-1, the continued operation of all land disposal systems
for the application of domestic W ASTEW A TER treatment plant
effluent shall be allowed pursuant to the owner and/or operator
obtaining a certificate to operate. The certificate to operate shall
incorporate the following conditions:
a.AII applicable sampling requirements of the Florida
Admin istrative Code, pertaining to monitoring of
W ASTEW A TER effluent.
b. All applicable surface, water and groundwater monitoring as
required by the DEP pursuant to the Florida Administrative
Code.
c. Reporting of WASTEWATER effluent sampling data and
surface water and/or groundwater monitoring data to the County
on a quarterly basis.
d. The WASTEWATER treatment and high level disinfection
standards identified in the Florida Administrative Code, shall be
implemented for effluent land disposal systems designed to
accommodate a loading rate of 2,500 gallons per acre per day.
O. Future land disposal systems for domestic WASTEWA TER treatment
I
plant effluent i
1. All future land disposal systems for application of domestic
WASTEWATER treatment plant effluent shall be constructed and
permitted in accordance with applicable state law and regulations,
and comply with the state-mandated SETBACKS and BUFFERS
as adopted in the Florida Administrative Code and as incorporated
by reference in section 3.06.10; and must meet the high level
disinfection standards as found in federal requirements.
2. In zone W-1, future land disposal systems for the application of
domestic W ASTEW A TER treatment plant effluent shall operate
pursuant to a certificate to operate incorporating the following
conditions:
a.AII applicable sampling requirements of the Florida
Administrative Code, pertaining to monitoring of
WASTEWATER effluent.
b. All applicable surface water and groundwater monitoring as
required by the DEP pursuant to the Florida Administrative
Code.
c. Reporting of W ASTEW ATER effluent sampling data and
surface water and/or groundwater monitoring data to the County
on a quarterly basis.
d. The W ASTEW A TER treatment and high level disinfection
standards identified in the Florida Administrative Code, shall be
implemented for effluent land disposal systems designed to
accommodate a loading rate of 2,500 gallons per acre per day.
P. Future industrial WASTEWATER treatment plants or facilities required
to obtain an industrial WASTEWATER permit.
Page 74 of 80
1. All future industrial WASTEWATER treatment plants shall be
constructed and permitted in accordance with applicable state law
and regulations.
2. In zones W-1, W-2, W-3, W-4, and GWP, future industrial
W ASTEW A TER plants and facilities subject to pretreatment
standards or effluent limits for toxic pollutants, as promulgated in
federal requirements, shall be permitted pursuant to a certificate to
operate incorporating the conditions set forth. in subsection
3.06.12(P)(3) below.
3. In zones W-1, W-2, W-3, W-4, and GWP, future industrial
W ASTEW A TER plants and facilities subject to effluent limits for
conventional or other pollutants, as promulgated in federal
requirements, shall be permitted pursuant to a certificate to
operate incorporating the following conditions:
a. The owner and/or operator shall establish an industrial
pretreatment program in accordance with the applicable
categorical pretreatment standards for the specific industry as
developed by the Industrial Technology Division of the United
States Environmental Protection Agency Office of Water
Regulations and Standards.
b. Provision of copies of all current groundwater monitoring reports
and influent and/or effluent sampling data to the County on a
quarterly basis.
4. In zone W-1, any discharge from an industrial WASTEWATER
treatment plant shall meet the high level disinfection standards set
forth herein .
a. Existing and future collection and transmission systems.
1. All future and existing domestic and industrial collection and
transmission systems shall have been constructed and permitted
in accordance with applicable County, state, and federal law and
regulations, and comply with the state-mandated SETBACKS and
BUFFERS as adopted in the Florida Administrative Code and
incorporated by reference in section 3.06.10 hereof.
2. All existing and future collection and transmission systems located
within zone W-1 shall be inspected by the owner and/or operator at
six (6) month intervals, and any deficiency from applicable design
standards shall be brought into compliance within thirty (30) days
of inspection.
R. Existing and future domestic residual disposal sites.
1. All existing legal NONCONFORMING and future domestic residual
disposal sites shall have been constructed and permitted in
accordance with County Ordinance No. 87-79 [Code ch. 54, art. V],
as may be amended or superseded, and all applicable state and
federal law and regulations, and comply with the state-mandated
SETBACKS and BUFFERS as adopted in the Florida
Page 75 of 80
.~-- ",_.~
Administrative Code and incorporated by reference in section
3.06.10.
2. Existing domestic disposal sites not meeting the criteria for a legal
NONCONFORMING use, shall within one year of the effective date
of this section [November 18, 1991], come into compliance with the
standards set forth in this section.
3. In zone W-1, land application of class A domestic residuals shall
be permitted in accorqance with the standards of section
3.06.12(R)(5) below.
4. In zone W-1, land application of class 8 and class C domestic
residuals is prohibited in the absence of a wellfield CONDITIONAL
USE permit.
5. In zones W-1, W-2, and W-3, land application of domestic residual
shall comply with the following criteria:
a. Metal concentrations shall not exceed the thresholds set forth in
the Florida Administrative Code.
b. The total rate of domestic residuals applied to land shall not
exceed the nitrogen uptake of the vegetation upon which the
residuals are being applied, and shall be consistent with County
I
Ordinance No. 87-79 [Code ch. 54, art. V], as may be amended
or superseded, and the Florida Administrative Code. !
c. If domestic residuals are applied to a site that is receiving
reclaimed water, the nitrogen uptake calculation shall include
the combined effect of nitrogen loading from both domestic
residuals and reclaimed water applied to the site, as provided in
the Florida Administrative Code.
d. Land application of domestic residuals is prohibited in the
absence of a wellfield CONDITIONAL USE permit.
6. Minimum frequency of groundwater monitoring criteria is as
follows:
Zones Monitorin
W-1 Quarterl
W-2 Semiannuall
W-3 Semiannuall
W-4 Site specific per residual disposal permit
conditions
GWP Site specific per residual disposal permit
conditions
S. Existing on-site sewage disposal systems
1. In zones W-1, W-2, W-3, W-4, and GWP, existing on-site sewage
disposal systems are not regulated under this section.
2. Existing on-site sewage disposal systems, as defined in the Florida
Administrative Code, serving existing residential STRUCTURES
located in zones W-1, W-2, W-3, W-4, and GWP, are not regulated
under this section.
Page 76 of 80
3. At such times as any repairs are required to existing
NONCONFORMING disposal systems located within 200 feet of a
public water supply well, the disposal system shall be upgraded to
standards as specified for future on-site disposal systems in
section 3.06.12(T) hereof, or shall be relocated outside of 'a radius
of 200 feet from the well.
4. On-site sewage disposal systems requiring a certificate of [to]
operate under section 3.06.12(T), and serving existing
INDUSTRIAL USES located on zones W-1, W-2, or W-3, shall be
allowed to continue pursuant to a certificate to operate from the
County, incorporating the following conditions:
a. Reporting by the industrial user of all HAZARDOUS
PRODUCTS stored or used at the subject location.
b. Implementation of a groundwater monitoring system on the site,
designed by a professional engineer or professional geologist
licensed in the State of Florida, with monitoring required on a
semiannual schedule for any HAZARDOUS WASTES that are
used or stored on the industrial site, and reporting of monitoring
data to the County.
c. Certification by a registered professional engineer that the on-
site sewage disposal system meets construction and operating
standards as contained in the Florida Administrative Code.
T. Future on-site sewage disposal systems
1. In zone W-1, future on-site disposal systems requiring a soil
absorption or infiltration area greater than 1,000 square feet shall
be constructed to minimum standards contained in the Florida
Administrative Code, as may be amended, and the following
criteria:
a. WASTEWATER shall be distributed onto the infiltration surface
by means of an automatic dosing device (pump or siphon), and
a low pressure lateral distribution system shall be designed as
outlined in the U.S. Environmental Protection Agency Design
Manual for On-Site WASTEWATER Treatment and Disposal
Systems.
b. The design of the on-site disposal of the on-site system shall be
certified by a registered professional engineer, licensed in the
State of Florida, to be capable of providing a vertical separation
of at least twenty-four (24) inches between the bottom of the
stone fill in the drainfield (infiltration surface) and the wet
seasonal high water table when the disposal system is
operating at design flow.
U. Existing and future concentrated animal feeding operations, high
intensity use areas, dairy farm storage and treatment facilities, and
land application of egg wash WASTEWATER .
1. All existing and future concentrated animal feeding operations,
high intensity use areas, dairy farm storage and treatment facilities,
Page 77 of 80
and land application of egg wash W ASTEW A TER shall be
constructed and permitted in accordance with applicable state and
federal law and regulations, and shall comply with the state-
mandated SETBACKS and BUFFERS as adopted in the Florida
Administrative Code and incorporated by reference in section
3.06.10.
2. In the event the DEP requires an industrial WASTEWATER permit
for any of the activities regulated pursuant to the Florida
Administrative Code, the DEVELOPMENT shall comply with the
criteria of section 3.06.12(P).
V. Existing stormwater management systems. All existing stormwater
management systems in place and operational at the time this section
becomes effective [November 18, 1991] shall be allowed to continue
operation without any additional regulation under this section.
W. Future stormwater management systems. All future stormwater
management systems shall be constructed and permitted in
accordance with applicable state and SFWMD law and regulations,
and shall comply with state or SFWMD mandated SETBACKS and
BUFFERS as adopted in the Florida Administrative Code, the
SFWMD's Basis of Review for Stormwater Management Systems, and
as incorporated by reference in section 3.06.10.
X. Existing wells and subsurface exploration
1. In zones W-1, W-2, W-3, W-4, and GWP, all existing wells, which
may be deemed to be abandoned within the meaning of the Florida
Administrative Code, shall be plugged and grouted in accordance
with those provisions.
2. In zones W-1, W-2, W-3, W-4, and GWP, all permitted wells,
temporarily inactive or standby wells, shall be fitted with a well seal
meeting the criteria of the Florida Administrative Code, or blind
flange within six months of the effective date of this section
[November 18, 1991].
3. In zones W-1, W-2, W-3, W-4, and GWP, all other unpermitted,
inactive wells that do not meet construction standards specified in
section XXXX, shall be plugged and grouted within one year of the
effective date of this section [November 18, 1991].
4. In zones W-1, W-2, W-3, W-4, and GWP, existing monitoring wells,
that require a well construction permit pursuant to the permit
procedures set forth in Chapter 10, shall be secured with a locking
cap/seal within six months of the effective date of this section
[November 18,1991].
5. In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste shall
not be disposed of by injection well, and injection wells, other than
water resource related wells, are prohibited.
Y. Future wells and subsurface exploration.
1. In zones W-1, W-2, W-3, W-4, and GWP, all new wells, including
without limitation, monitoring, drinking water, exploration, and
Page 78 of 80
irrigation wells, shall be constructed in accordance with the
standards in the Construction Standards Manual; section 3.06.11
of this section; and the Florida Administrative Code. In no event
shall the inside diameter of such well casing be less than four (4)
inches.
2. In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste may
not be disposed of by injection well, and injection wells, other than
water resource related wells, are prohibited.
Z. Existing and future excavations and mining operations
1. In zones W-1, W-2, W-3, W-4, and GWP, all future and existing
excavation and mining operations shall be in compliance with
section XXXX.
2. In zones W-1, W-2, W-3, W-4, and GWP, future excavation and
mining operations, and the continued operation of existing legal
NONCONFORMING excavations and mining operations, shall be
allowed pursuant to the owner and/or operator complying with the
following conditions: Implementation of a County-approved
stormwater drainage system, incorporating best management
practices for handling vehicle fuel, hydraulic fluids, lubricants, and
related materials, that will divert stormwater runoff from material
processing and vehicle maintenance and storage areas away from
mining excavation areas.
AA. Existing and future petroleum exploration and production facilities.
1. In zones W-1 and W-2, future petroleum exploration or production
facilities, and expansion of existing petroleum exploration or
production facilities, shall be prohibited.
2. In zones W-3 and W-4, the siting of future petroleum exploration
and production facilities is prohibited in the absence of a wellfield
CONDITIONAL USE permit.
3. In zone GWP, future petroleum product exploration shall be
prohibited from directional drilling through any potable water
AQUIFER within the vertical projection of the map boundaries of
the wellfield risk management special treatment overlay zones.
3.06.13 Countywide Groundwater Protection Standards
A. Groundwater classification and criteria. The BCC adopts, by reference,
and shall, to the extent permitted by general law and interpretations of
courts of competent jurisdiction, be authorized concurrently with the
DEP to enforce within the County, the requirements of the Florida
Administrative Code with regard to groundwater protection standards ,
as may be amended on the effective date of this section [November
18, 1991], including all rules referenced therein.
B. Recharge of AQUIFERS
1. The BCC finds that the criteria and standards for ensuring
recharge to the surficial AQUIFER system, as set forth in the
SFWMD's Basis of Review for Stormwater Management Systems,
are adequate to address AQUIFER recharge at this time. This
Page 79 of 80
-..-...-...--.
finding does not preclude the County from developing additional
criteria and standards at a future time.
2. In zones W-1, W-2, W-3, W-4, and GWP, all new or substantially
modified DEVELOPMENT, for which site plan approval is required
pursuant to this LDC, shall ensure compliance with all applicable
design criteria for recharge to the surficial AQUIFER system as set
forth in the SFWMD's Basis of Review for Stormwater
Management Systems.
C. Inspections
1. Reasonable notice. To ensure compliance with the criteria of this
section and section 3.06.12, the County may inspect the premises
of a noncertificated but regulated DEVELOPMENT, reasonably
believed to be a source of potential groundwater contamination, at
reasonable times and after reasonable notice and consent of the
owner/operator.
2. Inspection warrants. Where consent has been withheld, the County
may apply for and obtain an inspection warrant in the same
manner as provided for in ~ 403.091, F.S.
3. Identification. Agents of the County shall be provided with official
identification, and shall exhibit this identification prior to any
inspection.
4. General prohibitions. Discharges to sinkholes or other karst-related
features with a direct hydrologic connection to the surficial or
intermediate AQUIFER systems shall be prohibited. This
prohibition shall not be interpreted or implemented to preclude
AQUIFER recharge or other well injection authorized under section
3.06.12(Z).
Page 80 of 80
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4.01.00 GENERALLY
4.01.01 Elevation Requirements for All Developments
4.01.02 Kitchens in Dwelling Units
4.02.00 SITE DESIGN STANDARDS
4.02.01 Dimensional Standards for Principle Uses in Base Zoning
Districts
4.02.02 Dimensional Standards for Conditional Uses and Accessory
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
4.02.05 Specific Design Standards for Waterfront Lots
4.02.06 Standards for Development in Airport Zones
4.02.07 Standards for Keeping Animals
4.02.08 Outside Lighting Requirements
4.02.09 Design Requirements for Shorelines
4.02.1 0 Design Standards for Recreation Areas Within Mobile Home
Rental Parks
4.02.11 Design Standards for Hurricane Shelters Within Mobile Home
Rental Parks
4.02.12 Standards for Outdoor Storage
4.02.13 Design Standards for Development in the BP District
4.02.14 Design Standards for Development in the ST District
4.02.15 Design Standards for Development in the SBCO District
4.02.16 Design Standards for Development in the BMUD -
Neighborhood Commercial Subdistrict
4.02.17 Design Standards for Development in the BMUD - Waterfront
Subdistrict
4.02.18 Design Standards for Development in the BMUD - Residential
Subdistrict (R1)
-- ,---
4.02.19 Design Standards for Development in the BMUD - Residential
Subdistrict (R2)
4.02.20 Design Standards for Development in the BMUD-Residential
Subdistrict (R3)
4.02.21 Design Standards for Development in the BMUD - Residential
Neighborhood Commercial Subdistrict (RNC)
4.02.22 Design Standards for Development in the GZO District
4.02.23 Design Standards for Development in Activity Center #9
4.02.24 Corridor Management Overlay District (CMO) - Special
Regulations for Properties Abutting Golden Gate Parkway
West of Santa Barbara Boulevard and Goodlette-Frank Road
South of Pine Ridge Road.
4.02.25 Mobile Home Overlay District (MHO) - Special Regulations for
MHO in Rural Agricultural (A) Districts.
4.02.26 Golden Gate Parkway Professional Office Commercial Overlay
District (GGPPOCO) - Special Conditions for the Properties
ABUTTING Golden Gate Parkway East of Santa Barbara
Boulevard as Referenced in the Golden Gate Parkway
Professional Office Commercial District Map (Map 2) of the
Golden Gate Area Master Plan.
4.02.27 Specific Design Standards for the Immokalee - State Road 29
A Commercial Overlay Subdistrict
4.02.28 Specific Design Standards for the Immokalee - Jefferson
Avenue Commercial Overlay Subdistrict
4.02.29 Specific Design Standards for the Immokalee - Farm Market
Overlay Subdistrict
4.02.30 Specific Design Standards for the Immokalee - Agribusiness
Overlay Subdistrict
4.02.31 Specific Design Standards for the Immokalee - Central
Business Overlay Subdistrict
4.02.32 Specific Design Standards for the Immokalee - Main Street
Overlay Subdistrict
4.02.33 Specific Design Standards for the Mobile Home Park Overlay
Subdistrict
4.02.34 Specific Standards for Shopping Centers
4.03.00 SUBDIVISION DESIGN AND LAYOUT
4.03.01 Generally
4.03.02 Applicability
4.03.03 Exemptions
4.03.04 Lot Line Adjustments
4.03.05 Subdivision Design Requirements
4.03.06 Golden Gate Estates Lot Divisions
4.03.07 Monuments
4.03.08 Facility and Service Improvement Requirements
4.04.00 TRANSPORTATION SYSTEM STANDARDS
4.04.01 Generally
4.04.02 Access Management
4.05.00 OFF-STREET PARKING AND LOADING
4.05.01 Generally
4.05.02 Design Standards
4.05.03 Specific Parking Requirements for Residential Uses in Mixed
Use Urban Residential Land Use
4.05.04 Parking Space Requirements
4.05.05 Parking Variation in the P District
4.05.06 Loading Space Requirements
4.05.07 Handicapped Parking Requirements
4.05.08 Bicycle Parking Requirements
4.05.09 Stacking Lane Requirements
4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION
4.06.01 Generally
4.06.02 Buffer Requirements
4.06.03 Landscaping Requirements for Vehicular Use Areas and
Rights-of-Way
4.06.04 Tree and Vegetation Protection
4.06.05 General Landscape Requirements
4.06.06 Special Buffer Requirements for the TTRVC Zoning District
4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS
4.07.01 Unified Control
4.07.02 Design Requirements
4.07.03 Special Requirements for Industrial Planned Unit
Developments
..."...,,-
4.07.04 Special Requirements for Mixed Use Planned Unit
Developments Containing Commercial Component
4.07.05 Special Requirements for Reasearch and Technology Park
Planned Unit Devlopments
4.07.06 Provision of Polling Places
4.08.00 RURAL LANDS STEW ARDSHIP AREA ZONING OVERLAY
DISTRICT STANDARDS AND PROCEDURES
4.08.01 Specific Definitions Applicable to the RLSA District
4.08.02 Establishment of RLSA Zoning Overlay District
4.08.03 Establishment of land uses allowed in the RLSA District
4.08.04 Implementation of Stewardship Credits
4.08.05 Lands Within the RLSA District Prior to SSA or SRA
Designation
4.08.06 SSA Designation
4.08.07 SRA Designation
4.08.08 Baseline Standards
LIST OF TABLES IN CHAPTER 4
Table1. Lot Design Requirements for Principle Uses in Base Zoning
Districts.
Table 2. Building Dimension Standards for Principle Uses in Base
Zoning Districts.
Table 3. Dimensional Standards for Accessory Buildings and
Structures on Non-Waterfront Lots And Non-Golf Course Lots.
Table 4. Dimensional Standards for Accessory Buildings and
Structures on Waterfront Lots and Golf Course Lots
Table 5. Table of Design Standards for Cluster Development.
Table 6. Primary Surface Width
Table 7. Horizontal Zone Radius.
Table 8. Approach Zone Width (feet)
Table 9. Approach Zone Length (feet).
Table 10. Approach Zone Height.
Table 11. Design Standards for the BMUD Neighborhood Commercial
Subdistrict.
Table 12. Design Standards in the BMUD Residential Subdistrict R1.
Table 13. Setback Standards for BMUD Residential Subdistrict (R2)
Table 14. Design and Dimensional Standards in the GZO District.
Table 15. Dimensional standards for the Mobile Home Park Overlay
Table 16. Minimum Aisle Width in Parking Lots.
Table 17. Parking space requirements.
Table 18. Required loading Spaces.
Table 19. Required Handicapped Parking Spaces.
Table 20. land Area Requirements for Industrial PUDs.
Table 21. Setback Requirements for Industrial PUDs.
Table 22. Maximum Land Area in Neighborhood Village Center
Table 23. Dimensional Standards for Research and Technology Park
PUDs
CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS
4.01.00 GENERALL Y
4.01.01 Elevation Requirements for All DEVELOPMENTS
The elevation of all BUILDING sites and public or private roadways
included within a SUBDIVISION or DEVELOPMENT for which a use other
than conservation or recreation is proposed shall be not less than five and
one-half (5Y2) feet NGVD when completed, or to such minimum elevations
above the established NGVD datum as adopted by the BCC, FEMAlFIRM,
or South Florida Water Management District (SFWMD) criteria. All lawful
regulations with reference to BULKHEAD LINES, saltwater barrier lines,
and other appropriate regulations regarding land filling, conservation,
excavations, demolition, and related regulations shall be observed during
the construction of any improvements within Collier County.
4.01.02 Kitchens in DWELLING UNITS
A DWELLING UNIT containing less than 2,500 square feet of living area
shall be limited to one PRIMARY KITCHEN. A DWELLING UNIT
containing 2,500 square feet of living area, or greater, may have a
SECONDARY KITCHEN provided all rooms are internally accessible and
the SECONDARY KITCHEN is only accessible through the main
DWELLING UNIT.
4.02.00 SITE DESIGN STANDARDS
4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts
A. The following tables describe the dimensional standards pertaining to
base zoning districts. Site design requirements apply to the
PRINCIPAL BUILDING on each site.
Table1. LOT Design Requirements for Principle Uses in Base Zoning
Districts.
Minimum Lot Minimum Lot Width Maximum
Zoning District Area (linear feet) BUILDING
(square feet) Coveraae (%)
GC None None None
A 217,800 165 None
E 98,010 150 None
RSF-1 43,560 150 None
RSF-2 20,000 120 None
Corner LOT Interior LOT
RSF-3 10,000 95 80 None
RSF-4 7,500 75 70 None
RSF-5 6,000 70 60 None
RSF-6 6,000 70 60 None
RMF-6 S.F. 6,500 60
Duplex 12,000 80 None
3+ units 5,500 oer unit 100
Page 1 of 247
-. ----,
RMF-12 43,560 150 None
RMF-16 43,560 150 None
RT 43,560 150 None
VR 6,000 60
S.F.lMH 10,000 100 None
Duplex 43,560 150
M.F.
MH 6,000 60 None
TTRVC Park 20 acres Travel trailers/Park models None
site 800 ... 40
LOTS Campsites 30
C-1 20,000 100 None
C-2 15,000 150 None
C-3 10,000 75 None
C-4 10,000 100 None
C-5 10,000 100 None
I 20,000 100 None
SP Park 35 acres
site 20,000 100 45
LOTS
CON 217,800 150 None
p None None None
CF 10,000 80 None
Table 2. BUILDING Dimension Standards for Principle Uses in Base Zoning
Districts.
Minimum
Maximum Distance Minimum Floor Area of
BUILDING Height Between BUILDINGS FLOOR AREA
Zonina District (feet) BUILDINGS (square feet) RATIO l%l
GC 35 None None None
A 35 None 550 None
E 30 None 1,000 None
1-story 2-story
RSF-1 35 None 1,500 1,800 None
RSF-2 35 None 1,500 1,800 None
RSF-3 35 None 1,000 1,200 None
RSF-4 35 None 800 1,200
RSF-5 35 None 600 1,200 None
RSF-6 35 None 600 800 None
RMF-6 Three (3) habitable A 750 None
floors
RMF-12 50 A Efficiency
450 None
1 SR 600
2+ SR 750
RMF-16 75 A Efficiency
450 None
1 SR 600
2+ SR 750
Page 2 of 247
AT 1 0 stories, not to 300
exceed 1 DO' A (max. for hotel units = None
500')
VA S.F. 30 None
MH 30 None
Duplex 30 None None None
M.F. 35 8
MH 30 None None None
TTAVC 30 10 None None
C-1 35 None ... 1,000 (around floor) None
C-2 35 A 1 ,000 (around floor) None
C-3 50 None 700 (around floor) None
C-4 75 A 700 (ground floor) Hotels .60
Destination resort
.80
C-5 35 A 700 (ground floor) Hotels .60
Destination resort
.80
I 50 A 1,000 None
BP 35 A 1,000 None
CON 35 None None None
P C None None None
...<<
CF Towers/antennas D 1,000 (ground floor) None
40 I
Other 30 i
Overlav Districts See table of soecial desian reouirements aoolicable to overlav districts.
A = 50% of the sum of the heights of the BUILDINGS, but not less than 15 feet.
8 = 50% of the sum of the heights of the BUILDINGS.
C = BUILDINGS within 100 feet of an adjoining district are limited to the height of the most restrictive of
an adjoining district.
D = 50% of the sum of the heights of the BUILDINGS, but not less than 25 feet.
B. USABLE OPEN SPACE shall include active and passive recreation
areas such as playgrounds, golf courses, BEACH FRONT AGE,
waterways, lagoons, FLOOD PLAINS, nature trails, and other similar
OPEN SPACES. OPEN SPACE areas shall also include those areas
set aside for preservation of NATIVE VEGETATION and landscaped
areas. Open water area beyond the perimeter of the site, STREET
RIGHTS-OF-WAY, DRIVEWAYS, off-STREET parking areas, and off-
STREET loading areas shall not be counted in determining USABLE
OPEN SPACE.
1. In residential DEVELOPMENTS, at least sixty (60) percent of the
gross area shall be devoted to USABLE OPEN SPACE. This
requirement shall not apply to individual single-family LOTS less
than 2.5 acres in size.
2. In DEVELOPMENTS of commercial, industrial and mixed use
including residential, at least thirty (30) percent of the gross area
shall be devoted to USABLE OPEN SPACE. This requirement
shall not apply to individual PARCELS less than five (5) acres in
size.
P2g.= 3 of 247
3. Historical/archaeological resources that are to be preserved may
be utilized to satisfy required SETBACKS, BUFFER strips or
OPEN SPACE up to the maximum area required by
DEVELOPMENT regulations. Conservation of such historic or
archaeological resources shall qualify for any OPEN. SPACE
requirements mandated by the DEVELOPMENT regulations.
C. Specific Requirements for Uses Involving Shopping Carts
When the operating characteristics of a duly authorized business require
the utilization of shopping carts by customers, provision shall be made for
outside storage areas to be illustrated on a site DEVELOPMENT PLAN,
and said shopping carts shall be collected at the close of business each
day and stored at the front of that business establishment. It shall be the
responsibility of the merchant to collect any and all shopping carts that
stray from the premises upon which they are intended to be utilized. A
name-plate on a shopping cart shall be prima facia evidence of ownership.
D. Exemptions and exclusions from design standards
1. The height limitations contained in Chapter 2 do not apply to
infrastructure in support of the BUILDING, such as mechanical
penthouses, elevator shafts, stair shafts, mechanical equipment,
mechanical screening, spires, belfries, cupolas, flagpoles,
antennas, communications TOWERS, water tanks, fire TOWERS
when operated by a branch of government, ventilators, chimneys,
feed storage STRUCTURES, silos, windmills, AIRPORT control
TOWERS, or other appurtenances placed above the roof level and
not intended for human occupancy or for commercial purposes as
provided below:
a. Structural elements shall be no higher than necessary to
accomplish the purpose it is intended to serve.
b. The aggregate area of STRUCTURES or appurtenances
shall not exceed one-third the area of the supporting roof.
c. Where this section conflicts with section 5.05.08, the
provisions of section 5.05.08 will control.
d. The heights of these STRUCTURES or appurtenances
thereto shall not exceed any height limitations prescribed by
the Federal Aviation Agency or AIRPORT zoning regulations
within the flight approach zone of AIRPORTS. (See section
2.03.07 C.).
2. In instances where off-STREET parking is provided within the
PRINCIPAL STRUCTURE, the County Manager or designee may
waive the maximum height requirements to the extent necessary to
Page 4 of 247
permit off-STREET parking within the PRINCIPAL STRUCTURE,
provided however: (1) the number of off-STREET parking spaces
required by this LDC for the use involved may not be reduced; (2)
the waiver in height shall not be greater than that necessary to
provide for the off-STREET parking. within the PRINCIPAL
STRUCTURE, with a maximum of two parking levels; (3) the
waiver of the maximum height requirements are compatible with
the uses on ADJACENT..properties; and (4) for each off-STREET
parking space permitted within the PRINCIPAL STRUCTURE for
which the maximum height waiver is granted, 300 square feet of
additional OPEN SPACE beyond that which is otherwise required
by this LDC shall be provided.
3. Every part of every required YARD shall be open and unobstructed
from thirty (30) inches above the general ground level of the
GRADED LOT upward to the sky except as hereinafter provided or
as otherwise permitted in this LDC.
4. Sills and other architectural and design treatments shall not project
over twelve (12) inches into a required YARD.
5. Movable awnings shall not project over three (3) feet into a
required YARD, provided that where the YARD is less than five (5)
feet in width the projection shall not exceed one-half (1/2) the width
of the YARD.
6. Window- or wall-mounted air conditioning units, chimneys,
fireplaces, bay windows, or pilasters shall not project over two (2)
feet into a required YARD.
7. Fire escapes, stairways, and balconies which are unroofed (except
as otherwise permitted within this section) and unenclosed shall
not project over five (5) feet into a required side or rear YARD and
three (3) feet into a FRONT YARD of a MUL TI-FAMIL Y
DWELLING, HOTEL or MOTEL and not over three (3) feet into a
required front, side or rear YARD of a SINGLE-FAMILY residential
DWELLING. Regardless of the extent of encroachment, the
minimum requirement for separation of STRUCTURES shall be
maintained.
8. Hoods, canopies, or roof overhangs shall not project over (3) three
feet into a required YARD, but shall not come closer than one (1)
foot to the LOT LINE.
9. Fences, walls and hedges, subject to section 5.03.02, and pad-
mounted air conditioners are permitted in required YARDS, subject
to the provisions of section 4.06.00.
10. Cornices, eaves or gutters shall not project over three (3) feet into
a required YARD, provided that where the required YARD is less
Page 5 of 247
-""
than six (6) feet in width, such projection shall not exceed one-half
(1/2) the width of the YARD.
11. Except as otherwise provided by this LDC, when LOTS on both
sides of an undeveloped recorded LOT contain a residential
STRUCTURE whose FRONT YARD SETBACK is less than is now
required, the average of the SETBACKS of the two (2) contiguous
developed LOTS shall serve to establish the minimum FRONT
YARD requirement for the vacant LOT.
12. In commercial, industrial and multi-family residential
DEVELOPMENTS, carports which are open on all sides may
encroach into the required YARDS provided they do not encroach
into the required LANDSCAPE BUFFERS, as required by this
LDC; and furthermore, if the landscaping is deficient where the
carports are proposed, the landscaping must be upgraded to
comply with the LDC requirements to the greatest extent possible
prior to the issuance of a BUILDING permit for said carports. This
shall be accomplished by a site DEVELOPMENT PLAN
amendment or a site improvement plan approval.
4.02.02 Dimensional Standards for CONDITIONAL USES and ACCESSORY
Uses in Base Zoning Districts
A. GC District.
1. ACCESSORY USES: Pro shops with equipment sales are
allowable, provided that the shops are no more than 1 ,000 square
feet in size; RESTAURANTS with a seating capacity of 150 seats
or less are allowable, provided that the hours of operation are no
later than 10:00 p.m.
2. CONDITIONAL USES: Commercial establishments oriented to the
permitted uses of the district including gift shops; pro shops with
equipment sales in excess of 1 ,000 square feet; RESTAURANTS
with seating capacity of greater than 150 seats; cocktail lounges,
and similar uses, primarily intended to serve patrons of the golf
course.
B. A District.
1. ACCESSORY USES:
a. Packinghouse or similar agricultural processing of farm
products produced on the property subject to the following
restrictions:
(i) Agricultural packing, processing or similar facilities shall be
located on a major or minor ARTERIAL STREET, or shall
have ACCESS to an ARTERIAL STREET by a public
STREET that does not ABUT properties zoned RSF-1,
Page 6 of 247
RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC
and PUD or residentially used.
(ii) A BUFFER YARD of not less than 150 feet in width shall
be provided along each boundary of the site which ABUTS
any residentially zoned or used property, and shall contain
an alternative 8 type BUFFER as defined within section
4.06.00 of this LDC. Such BUFFER and BUFFER YARD
shall be in lieu offront, side, or rear YARDS on that portion
of the LOT which ABUTS those districts and uses
identified in section 2.03.01 (A).
(iii) The facility shall emit no obnoxious, toxic, or corrosive
dust, dirt, fumes, vapors, or gases which can cause
damage to human health, to animals or vegetation, or to
other forms of property beyond the LOT LINE of the use
creating the emission.
b. Excavation and related processing and production subject to
the following criteria:
(i) The activity is clearly incidental to the agricu'tural
DEVELOPMENT of the property. I
\
(ii) The affected area is within a surface water management
system for AGRICULTURAL USE as permitted by the
SFWMD.
(iii) The amount of excavated material removed from the site
cannot exceed 4,000 cubic Y ARCS. Amounts in excess of
4,000 cubic YARDS shall require CONDITIONAL USE
approval for earthmining, pursuant to the procedures and
conditions set forth in Chapter 10.
2. CONDITIONAL USES - LOT area requirements:
Animal breeding, raising, training, stabling, or
kenneling 20 acres
Asphalt plants 10 acres
Commercial production, raising or breeding of exotic
animals, other than animals typical~ used for 20 acres
agricultural purposes or production
Dairy 20 acres
Livestock raising 20 acres
Poultry and egg production 20 acres
Reptile breeding and raising (non-venomous) 1 20 acres
lRoofed STRUCTURES shall be a minimum of 100 feet from any LOT LINE.
3. CONDITIONAL USES - design requirements:
a. Asphaltic and concrete batch making plants:
(i) Principal ACCESS shall be from a STREET designated
COLLECTOR or higher classification.
Page 7 of 247
-'.- ,_.._,-
(ii) Raw materials storage, plant location and general
operations around the plant shall not be located or
conducted within 100 feet of any exterior boundary.
(iii) The height of raw material storage facilities shall not
exceed a height of fifty (50) feet.
(iv) Hours of operation shall be limited to two (2) hours
before sunrise to sunset.
(v) The minimum SETBACK from the principal road
FRONT AGE shall be 150 feet for operational facilities
and seventy-five (75) feet for supporting administrative
offices and associated parking.
(vi) An earthen BERM achieving a vertical height of eight
feet or equivalent vegetative screen with eighty (80)
percent opacity one (1) year after issuance of certificate
of occupancy shall be constructed or created around
the entire perimeter of the property.
(vii) The plant shall not be located within the Greenline
Area of Concern for the Florida State Park System as
established by the Department of Environmental
Protection (DEP); within the Area of Critical State
Concern as depicted on the Future Land Use Map
GMP; within 1,000 feet of a NATURAL
RESERVATION; or within any County, State or federal
jurisdictional WETLAND area.
c. Tour operations, such as, but not limited to airboats, swamp
buggies, horses, and similar modes of transportation, shall be
subject to the following criteria:
(i) Permits or letters of exemption from the U.S. Army
Corps of Engineers, the Florida DEP, and the SFWMD
shall be presented to the County Manager or designee
prior to site DEVELOPMENT PLAN approval.
(ii) The petitioner shall post the property along the entire
property line with no trespassing SIGNS approximately
every 300 YARDS.
(iii) The petitioner shall utilize only trails identified and
approved on the site DEVELOPMENT PLAN. Any
existing trails shall be utilized before the establishment
of new trails.
(iv) Motor vehicles shall be equipped with engines which
include spark arrestors and mufflers designed to reduce
noise.
(v) The maximum size of any vehicle, the number of
vehicles, and the passenger capacity of any vehicle
Page 8 of 247
shall be determined by the Board of Zoning Appeals
during the CONDITIONAL USE process.
(vi) Motor vehicles shall be permitted to operate during
daylight hours which means, one (1) hour after sunrise
to one (1) hour before sunset.
(vii) Molestation of wildlife, including feeding, shall be
prohibited.
(viii) Vehicles shall comply with state and United States
Coast Guard regulations, if applicable.
C. E District. Extraction or earthmining, and related processing and
production not incidental to the DEVELOPMENT of the property, may
be permissible as a CONDITIONAL USE where the site area does not
exceed twenty (20) acres.
D. RT District. CONDITIONAL USES shall not exceed 125 feet in height.
E. VR District
Minimum lot area 1 acre
Minimum lot width 100 feet
Front Yard 35 feet
Side Yard 15 feet
Rear Yard 30 feet
Maximum height* 50 feet
*No BUILDING may contain more than three levels of habitable space.
F. MH District. ACCESSORY USES shall not exceed twenty (20) feet in
height.
G. C-1 District.
1. CONDITIONAL USE - mixed residential and commercial use,
subject to the following:
a. The commercial uses in the DEVELOPMENT may be limited
in hours of operation, size of delivery trucks, and type of
equipment;
b. The residential uses are designed so that they are compatible
with the commercial uses;
c. Residential DWELLING UNITS are located above PRINCIPAL
USES;
d. Residential and commercial uses do not occupy the same
floor of a BUILDING;
e. The number of residential DWELLING UNITS shall be
controlled by the dimensional standards of the underlying
district, together with the specific requirement that in no
instance shall the residential uses exceed fifty (50%) percent
of the gross FLOOR AREA of the BUILDING;
f. BUILDING HEIGHT may not exceed two (2) stories;
g. Each residential DWELLING UNIT shall contain the following
minimum FLOOR AREAS: efficiency and one-bedroom, 450
Page 9 of 247
'h." -~..^ ..^-,~-
square feet; two-bedroom, 650 square feet; three-bedroom,
900 square feet;
h. A minimum of thirty (30) percent of the mixed use
DEVELOPMENT shall be maintained as OPEN SPACE. The
following may be used to satisfy the OPEN SPACE
requirements: areas used to satisfy water management
requirements, landscaped areas, recreation areas, or
SETBACK areas not covered with IMPERVIOUS SURFACE
or used for parking (parking lot islands may not be used
unless existing NATIVE VEGETATION is maintained);
i. The mixed commercial/residential STRUCTURE shall be
designed to enhance COMPATABILITY of the commercial
and residential uses through such measures as, but not limited
to, minimizing noise associated with commercial uses;
directing commercial lighting away from residential units; and
separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
H. C-2 District.
1. ACCESSORY USES - Where play areas are constructed as an
ACCESSORY USE to a permitted use, the following conditions
shall apply:
a. A minimum five and one-half (5%) foot high reinforced fence
shall be installed on all sides of the play area which are not
open to the PRINCIPAL STRUCTURE;
b. Ingress to and egress from the play area shall be made only
from the PRINCIPAL STRUCTURE, however an emergency
exist from the play area shall be provided which does not
empty into the PRINCIPAL STRUCTURE;
c. The play equipment shall be set back a minimum distance of
five (5) feet from the required fence and from the PRINCIPAL
STRUCTURE.
2. CONDITIONAL USE - mixed residential and commercial use,
subject to the following:
a. All standards for the mixed residential and commercial use in
the C-1 District.
b. The residential DWELLING UNITS shall be restricted to
occupancy by the owners or lessees of the commercial units
below.
I. C-3 District. Mixed residential and commercial use may be allowable
as a CONDITIONAL USE, subject to the same standards as the mixed
residential and commercial use in the C-2 District.
J. C-5 District. Child day care may be allowable as a CONDITIONAL
USE, subject to the following standards:
Page 10 of 247
1. All areas and surfaces readily accessible to children shall be free
of toxic substances and hazardous materials. This shall include all
ADJACENT and ABUTTING properties lying within 500 feet of the
CHILD CARE CENTER'S nearest property line.
2. It shall not be located within 500 feet of the nearest property line of
land uses encompassing wholesale storage of gasoline, liquefied
petroleum, gas, oil, or other flammable liquids or gases.
3. It shall not be located on 'the same STREET customarily utilized by
construction truck traffic from asphalt plants 'and excavation
quarries.
4. It shall have a minimum LOT area of 20,000 square feet and a
minimum LOT width of 100 feet.
5. It shall provide a minimum USABLE OPEN SPACE of not less
than thirty (30) percent of the total square footage of the LOT area.
6. It shall provide that all OPEN SPACES to be used by children will
be bounded by a fence of not less than five (5) feet in height, to be
constructed of wood, masonry, or other approved material.
7. It shall provide a LANDSCAPE BUFFER in accordance with
section 4.06.00.
8. It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Day Care Standards of the Florida
Administrative Code.
9. Where a CHILD CARE CENTER is proposed in conjunction with,
and on the same PARCEL as, a facility which is a permitted use,
the requirements set forth in subparagraphs a through h above,
with the exceptions of subparagraphs d and e, shall be used to
provide the protections to children using the CHILD CARE
CENTER intended by this section consistent with the
DEVELOPMENT of the proposed permitted use.
K. I District.
1. CONDITIONAL USES.
a. Adult day care, subject to the following requirements:
(i) Shall not be located within 500 feet of the nearest
property line of land uses encompassing wholesale
storage of gasoline, liquefied petroleum, gas, oil, or
other flammable liquids or gases.
(ii) Shall not be located on the same STREET customarily
utilized by construction truck traffic from asphalt plants
and excavation quarries.
(iii) Shall have a minimum LOT area of 20,000 square feet
and a minimum LOT width of 100 feet.
Page 11 of 247
(iv) Shall provide a minimum USABLE OPEN SPACE of
not less than thirty (30) percent of the total square
footage of the LOT area.
b. Child day care, subject to the same standards as for the C-5
District.
4.02.03 Specific Standards for Location of ACCESSORY BUILDINGS and
STRUCTURES
A. For the purposes of this .section, in order to determine YARD
requirements, the term "ACCESSORY STRUCTURE" shall include
detached and attached ACCESSORY USE STRUCTURES or
BUILDINGS notwithstanding the attachment of such STRUCTURE or
BUILDING containing the ACCESSORY use to the PRINCIPAL USE
STRUCTURE or BUILDING. ACCESSORY BUILDINGS and
STRUCTURES must be constructed simultaneously with or following
the construction of the PRINCIPAL STRUCTURE and shall conform
with the following SETBACKS and BUILDING separations.
Table 3. Dimensional Standards for Accessory BUILDINGS and STRUCTURES on
Non-Waterfront Lots And Non-Golf Course Lots.
Front Rear Side STRUCTURE to STRUCTURE
(If Detached) I
I
1. Parking garage or carport, single-family SPS 10 SPS 1 0 feet
feet
2. One-story parking STRUCTUREs and/or SPS 35 SPS 10 feet
carports feet
3. Multistory parking STRUCTUREs SPS 35 SPS 1/1 *
feet
4. Swimming pool and/or screen enclosure SPS 10 SPS N
(one- and two-familv) feet
5. Swimming pool (multi-family and SPS 20 15 N
commercial) feet feet
6. Tennis courts (private) (one- and two- SPS 15 SPS 10 feet
familv) feet
7. Tennis courts (multi-family, and SPS 20 15 20 feet
commercial) feet feet
8. Utility BUILDINGS SPS 10 SPS 10 feet
feet
9. Chickee, barbecue areas SPS 10 SPS 1 0 feet
feet
10. Attached screen porch SPS 10 SPS N/A
feet
11. Unlisted accessory SPS SPS SPS 10 feet
12. Satellite dish antenna NP 15 SPS 10 feet
feet
N = None.
N/A = Not applicable.
NP = STRUCTURE allowed in rear of BUILDING only.
SPS = Calculated same as PRINCIPAL STRUCTURE.
* = 1 fooVfoot of accessory height = 1 fooVfoot of BUILDING separation.
Table 4. Dimensional Standards for Accessory BUILDINGS and STRUCTURES on
Page 12 of 247
Waterfront Lots and Golf Course Lots
Setbacks
Front Rear Side STRUCTURE to
STRUCTURE (If Detached)
1. Parkinq qaraqe or carport, sinale-familv SPS SPS SPS 1 0 feet
2. One-story parkinq STRUCTUREs SPS SPS SPS 10 feet
3. Multistorv Darkino STRUCTUREs SPS SPS SPS 1/11
4. Swimming pool and/or screen SPS 10 SPS N
enclosure- (one- and two-familv) feet3
5. Swimming pool (multi-family and SPS 20 15 feet N
commercial) feet
6. Tennis courts (private) (one- and two- SPS 15 SPS 10 feet
familv) feet
7. Tennis courts (multi-family and SPS 35 SPS 20 feet
commercial) feet
8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 10 feet
15 feet
(See section 5.03.06(F))
9. Utilitv BUILDINGS SPS SPS 1 0 feet 10 feet
10. Chickee, barbecue areas SPS 10 SPS N
feet
11. Davits, hoists and lifts N/A N/A 7.5 feet or SPS
15 feet
12. Attached screen porch SPS 10 SPS SPS
feet4
13. Unlisted accessory SPS SPS SPS 10 feet
14. Docks, decks and mooring pilings N/A N/A 7.5 feet or N/A
1 5 feet
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 SPS 10 feet
feet
N = None.
N/A = Not applicable.
NP = STRUCTURE allowed in rear of BUILDING only.
SPS = Calculated same as PRINCIPAL STRUCTURE.
* = 1 foot/foot of accessory height = 1 foot/foot of BUILDING separation
11/foot of accessory height = 1/foot of BUILDING separation.
21n those cases where the coastal construction control line is involved, the coastal construction control
line will apply.
320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except
Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with
a maximum of four feet of stem wall exposure, with the rear SETBACK of ten feet.
420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except
Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with
a maximum of four feet of stem wall exposure, with the rear SETBACK of ten feet.
B. ACCESSORY BUILDINGS shall not occupy an area greater than five
(5) percent of the total LOT area in all residential zoning districts, or
occupy an area greater than forty (40) percent of any BUILDING
envelope (Le., area of LOT remaining for BUILDING purposes after
accounting for required SETBACKS), whichever is the lesser, provided
the total maximum coverage provision of this ordinance for all
PRINCIPAL and ACCESSORY BUILDINGS is not exceeded. Nothing
Page 13 of 247
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herein contained shall serve to prevent the construction of an
ACCESSORY BUILDING containing an area of less than 500 square
feet provided all YARD and BUILDING spacing requirements can be
met.
4.02.04 Standards for CLUSTER Residential Design
A. The purpose of CLUSTER DEVELOPMENT is to provide a unique and
innovative alternative to the conventional residential DEVELOPMENT
in the RSF 1 through 6, RMF-6, PUD and VR districts by creating a
more varied, efficient, attractive, and economical residential
DEVELOPMENT containing a more usable pattern of OPEN SPACE.
It is intended to implement the (GMP)by, among other things,
encouraging compact urban growth, discouraging urban sprawl, and
encouraging the conservation of environmental resources.
B. This section shall apply to all PARCELS of land under single
ownership within the RSF 1 through 6, RMF-6, VR and PUD zoning
districts which permit CLUSTER DEVELOPMENT.
C. CONDITIONAL USES approved for CLUSTER DEVELOPMENT may
reduce the LOT area, LOT width, and YARD requirements within a
zoning district, subject to the criteria enumerated in this section.: The
LOT area, LOT width, coverage, and YARD regulations of the
residential zoning district in which the CLUSTER DEVELOPMENT is
located shall be used as the basis for all computations of allowed
reductions. The following reductions in LOT area, LOT width, coverage
and YARD regulations of the underlying zoning district shall be
permissible pursuant to the grant of a CONDITIONAL USE for
CLUSTER DEVELOPMENT.
1. The maximum allowable GROSS DENSITY in any CLUSTER
DEVELOPMENT shall not exceed the maximum allowable
GROSS DENSITY of the residential zoning district in which the
CLUSTER housing DEVELOPMENT is located.
2. The following site design and dimensional standards shall apply to
CLUSTER DEVELOPMENT:
Table 5. Table of Design Standards for CLUSTER
DEVELOPMENT.
Desian Standard
Minimum lot area per sinQle-familv unit 3,000 sa. ft.
Minimum lot width
Cul-de-sac lots 20 feet
All other lots 40 feet
Minimum setbacks
Front yard
front entry garage 20 feet
side entry Qaraae 10 feet
Side yards
Page 14 of 247
zero lot line on one side 10 feet remaining side
no zero lot line 5 feet each side
Rear yard
principle STRUCTURE 10 feet
ACCESSORY STRUCTURE 3 feet
D. Requirements for ZERO LOT LINE DEVELOPMENTS:
1. The zero (0) LOT LINE portion of the DWELLING UNIT shall be
void of doors or windows where such wall is contiguous to an
adjoining LOT LINE.
2. Where the nature of the construction of a residence has provided
for zero (0) side YARD, footings and roof overhang encroachments
may be permitted onto the adjoining LOT. A roof drainage system
shall be put in place to prevent roof drainage from falling onto the
ABUTTING property ADJACENT the walls of the residence, with
the zero (0) side YARD tolerance. Furthermore, provision shall be
made for a three (3)-foot EASEMENT on the ABUTTING property,
which shall be recorded running with the land with the residence
enjoying the zero (0) LOT side YARD, for maintenance purpos1es.
I
3. Roof overhangs shall be prohibited over ADJACENT property
lines, unless a recorded restrictive covenant creating the reqJisite
EASEMENT interest for encroachment, maintenance, and repair of
the BUILDING overhang is an element of the project.
E. COMMON OPEN SPACE.
1. All reductions in the minimum LOT area, LOT width, and YARD
requirements below that which would otherwise be required within
the district in which the CLUSTER DEVELOPMENT is located
shall be required to provide an equal amount of COMMON OPEN
SPACE within the same phase and general area of each
CLUSTER of homes in the DEVELOPMENT unless said
CLUSTER DEVELOPMENT is part of a planned unit
DEVELOPMENT where the OPEN SPACE requirements of this
LDC have been satisfied.
2. COMMON OPEN SPACE shall be reserved for recreational uses.
3. Any commercial uses recreational facility subject to membership,
registration, fees, or aimed at attracting outside users, shall not be
counted as COMMON OPEN SPACE.
4. The sale, lease, or other disposition of COMMON OPEN SPACE
shall be prohibited except to a nonprofit corporation or
homeowners' association or other similar entity established under
the laws of Florida to administer and maintain the facilities subject
to a deed restriction acceptable to the County to limit the use of
said property to COMMON OPEN SPACE. Provisions shall be
Page 15 of 247
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included to assure the continued maintenance of the COMMON
OPEN SPACE area.
5. ACCESS rights to COMMON OPEN SPACE for all residents within
the CLUSTER housing DEVELOPMENT shall be guaranteed.
6. Land utilized for COMMON OPEN SPACE shall be restricted to
COMMON OPEN SPACE in perpetuity by appropriate legal
instruments satisfactory to Collier County. Such instrument shall be
binding upon the owner, ,developer, his successon;, and assigns,
and shall constitute a covenant running with the land, and be in
recordable form.
F. Additional reduction to the DEVELOPMENT standards provided at
sections 4.02.04 C. - E. may be approved by the Collier County
Planning Commission for projects defined as common architectural
theme projects. In determining whether or not a project qualifies as a
common architectural theme project the BCC shall determine that all of
the following design features are incorporated into the project:
1. The architectural style of the DWELLING UNITS/STRUCTURES
shall be similar in design and in the use of materials and color.
2. The residential project shall have a signature entranceway which
serves to identity the DEVELOPMENT as having a common
architectural theme. The entranceway design and improvement
elements shall include some or all of the following: the use of
landscape materials, gated STRUCTURE, water features,
sculpture, and ornamental pavement surfaces.
3. STREET materials, signage, and lighting shall be complementary
and the same throughout the project's accessways.
4.02.05 Specific Design Standards for Waterfront LOTS
A. It is the intent and purpose of this section to permit the placement of
PRINCIPAL STRUCTURES, except SINGLE-FAMILY, two-family and
DUPLEX DWELLING UNITS, at the BULKKHEAD line or
SHORELINE where such placement at the water's edge can enhance
the character of waterfront DEVELOPMENT without detriment to
adjoining or nearby properties or without damage to a particular
environmental situation. The provisions of this section have their
greatest potential application in planning for the use of tidewater
inlands or areas of the county of such size and location that the use of
this provision will meet its intent and purpose. If the provisions of this
section are met, such provisions govern regardless of any requirement
for waterfront YARDS in the zoning district involved. In those cases
where the coastal control line is involved, the' coastal construction
control line shall apply.
B. PRINCIPAL STRUCTURES shall not be erected waterward under this
section beyond the following limits for the situations outlined:
Page 16 of 247
1. For waterfront lands along which a BULKKHEAD line has been
established, BUILDINGS may be erected out to, but not beyond,
the BULKKHEAD line.
2. For waterfront lands along which an OFFSHORE BUILDING limit
has been established by the BCC, BUILDINGS may be erected
out to, but not beyond, the BUILDING limit line.
3. For waterfront lands along which neither a BULKKHEAD nor a
BUILDING limit line has been established, BUILDINGS may be
erected out to, but not beyond, the SHORELINE, as that
SHORELINE exists prior to DEVELOPMENT and construction.
C. Since this section applies only to the placement of STRUCTURES in
waterfront YARDS, there shall be no use permitted under this section
which is not permitted or permissible in the district involved. A
STRUCTURE approved under this section, however, may be attached
to or made an integral part of a BOATHOUSE or DOCK, if such
BOATHOUSE or DOCK is permitted or permissible in the district
involved.
4.02.06 Standards for DEVELOPMENT in AIRPORT Zones
A. There are hereby created and established certain surfaces which
include all of the land lying beneath the approach, transitional, primary,
horizontal, and conical surfaces as they apply to a particular
AIRPORT. Such zones are shown on the Naples Municipal, Marco
Island Executive, Everglades City, and Immokalee Regional AIRPORT
zoning maps and declared to be made a part of this LDC. An area
located in more than one of the described zones is considered to be
only in the zone with the most restrictive height limitation.
B. Primary surface. An area longitudinally aligned along the runway
centerline, extending 200 feet beyond each end of the runway with the
width so specified for each runway for the most precise approach
existing or planned for either end of the runway.
C. Primary surface height. No STRUCTURE or obstruction will be
permitted within the primary surface area that is not part of the landing
and takeoff area and is of greater height than the nearest point on the
runway centerline with the exception of FAA approved navigation aids.
D. The width of each primary surface is as follows:
Table 6. Primar Surface Width
AIRPORTS Runway Type Width
feet
14-32 500
5-23 1,000
17-35 500
15-33 250
9-27 1,000
18-36 500
Page 17 of 247
-
I [ 4-22 I UtilityNisuaf I 250 I
E. Horizontal zone. A horizontal plane 150 feet above the established
AIRPORT elevation, the perimeter of which is constructed by swinging
arcs for specified radii from the center of each end of the primary
surface of each runway of each AIRPORT and connecting the
ADJACENT arcs by Jines tangent to those arcs. The radius of each arc
is as follows:
Table 7. Horizontal Zone Radius.
AIRPORTS Runway Type Radius
(feet)
Naoles Municipal 1 4-32 Other than utility/non-precision instrument 10,000
5-23 Other than utility/ precision instrument 10,000
Marco Island Executive 17-35 Other than utility/non-precision instrument 10,000
Airport
Everqlades City Airpark 15-33 UtilitvNisual 5,000
Immokalee Regional Airport 9-27 Other than utility/ precision instrument 10,000
1 8-36 Other than utility/non-precision instrument 10,000
4-22 UtilitvNisual 5,000
F. Horizontal zone height. No STRUCTURE or obstruction will be
permitted in the horizontal zone that has a height greater than 150 feet
above the AIRPORT height.
G. Conical zone. The conical zone is the area extending outward and
upward from the periphery of the horizontal zone for a distance of
4,000 feet. Height limitations for STRUCTURES in the conical zone
are 150 feet above AIRPORT height at the inner boundary with
permitted height increasing one (1) foot vertically for every twenty (20)
feet of horizontal distance measured outward from the inner boundary
to a height of 350 feet above AIRPORT height at the outer boundary.
H. Approach zone. The approach zone is an area longitudinally centered
on the extended runway centerline and extending outward and upward
from each end of the primary surface. An approach zone is designated
for the end of each runway based upon the type of approach available
or planned for that runway end.
1. Approach zone width. The inner edge of the approach zone is the
same width as the primary surface. The outer width of the
approach zone is prescribed for the most precise approach
existing or planned for that runway end expanding uniformly to the
following widths:
Table 8. A roach Zone Width
AIRPORTS Runwa T e Width
Naples Municipal 14-32 Other than utility/non-precision 3,500
instrument
Page 18 of 247
5 Other than utility/precision 16,000
instrument
23 Other than utility/precision 16,000
instrument
Marco Island Executive 17 -35 Other than utility/non-precision 3,500
Airoort instrument
Everalades City Airpark 15-33 Utilitv/visual 1,250
Immokalee Regional 9 Other than utility/precision 16,000
Airoort instrument
27 Otherthan utility/non-precision 3,500
instrument
18 Other than utility/non-precision 3,500
instrument
36 Other than utilitv/visual 1,500
4-22 Utilitv/visual 1,250
2. Approach zone lengths. The approach zone extends for the
applicable horizontal distance as follows:
Table 9. Approach Zone Lenath (feet).
AIRPORTS Runway Tvoe Lenath
Naples Municipal 14-32 Other than utility/non-precision 10,000
I
instrument i
5 Other than utility/non-precision 10,000 I
instrument I
23 Other than utility/non-precision 50,000
instrument
Marco Island Executive 17-35 Other than utility/non-precision 10,000
Airoort instrument
Everalades Citv Airoark 15-33 Utilitv/visual 5,000
Immokalee Regional 27 Other than utility/non-precision 10,000
Airport instrument
9 Other than utility/precision 50,000
instrument
18 Other than utility/non-precision 10,000
instrument
36 Other than utilitv/visual 5,000
4-22 Utilitv/visual 5,000
3. Approach zone height. Permitted height limitation within the
approach zone shall not exceed the runway end height at the inner
edge and increases uniformly with horizontal distance outward
from the inner edge as follows:
Table 10. Approach Zone Heiaht.
AIRPORTS Runway Type Heieht
Naples Municipal 14-32 Other than utility/non-precision 34:1
instrument
5 Other than utility/precision 50:0/40: 1
instrument
23 Other than utility/precision 50:1/40:1
instrument
Marco Island Executive 17 -35 Other than utility/non-precision 20:1
Airport instrument
Page 19 of 247
.....--
Everolades City Airpark 15-33 Utilitv/visual 20:1
Immokalee Regional 9 Other than utility/non-precision 50:1/40:1
Airport instrument
27 Other than utility/non-precision 34:1
instrument
18 Other than utility/non-precision 34:1.
instrument
36 Other than utilitv/visual 20:1
4-22 Utility/visual 20:1
4. Precision instrument runway(s). One (1) foot vertically for every
fifty (50) feet horizontally .for the first 10,000 feet, increasing to one
(1) foot vertically for every forty (40) feet horizontally for additional
40,000 feet.
5. Non-precision instrument runways. One (1) foot vertically for every
thirty-four (34) feet horizontally.
6. Visual runways. One (1) foot vertically for every twenty (20) feet
horizontally.
I. Transitional zones. The area extending outward from the sides of the
primary surface and approach zones connecting them to the horizontal
zone or for a horizontal distance of 5,000 feet from the side of the part
of the precision approach zone that extends beyond the conical zone.
Height limits within the transitional zone are the same as the primary
surface or approach zone at the boundary line where it adjoins and
increases at a rate of one (1) foot vertically for every seven (7) feet
horizontally, with the horizontal distance measured at right angles to
the runway centerline and extended centerline until the height matches
the height of the horizontal zone or for a horizontal distance of 5,000
feet from the side of the part of the precision approach zone that
extends beyond the conical zone.
J. Heliport primary zones. The area of the primary zone coincides in size
and shape with the designated take-off and landing area of a heliport.
This surface is a horizontal plane at the established heliport elevation.
1. Heliport approach zone. The approach zone begins at each end of
the heliport primary zone with the same width as the primary zone,
and extends outward and upward for a horizontal distance of 4,000
feet where its width is 500 feet. The slope of the approach zone is
eight (8) to one (1) (one (1) foot vertically for every eight (8) feet
horizontally. )
2. Heliport transitional zone. These zones extend outward and
upward from the lateral boundaries of the heliport primary zone
and from the approach zone at a slope of two (2) to one (1) (one
(1) foot vertically for every two (2) feet horizontally) for a distance
of 250 feet measured horizontally from the centerline of the heliport
primary and approach zone.
Page 20 of 247
K. Other areas. In addition to the height limitations imposed in sections
4.02.06(E)-(H) above, no STRUCTURE or obstruction will be permitted
within Collier County that would cause a minimum obstruction
clearance altitude (MOCA), a minimum descent altitude (MDA),
decision height (DH), or a minimum vectoring altitude (MV A) to be
raised nor which would impose either the establishment of restrictive
minimum climb gradients or nonstandard takeoff minimums.
1. Except as expressly provided in these APO regulations, no
STRUCTURE or object of natural growth shall be erected,
ALTERED, allowed to grow, or be maintained to a height which
exceeds the height of any zone created in these APO regulations.
2. Except as otherwise provided in these APO regulations, no
STRUCTURE, or object of natural growth shall be erected,
ALTERED, allowed to grow or be maintained, which is or would be
an obstruction to air navigation within Collier County or of a height
greater than any of the following:
a. A height of 500 feet above ground level at the site of the
object.
b. A height that is 200 feet above ground level or above the
established AIRPORT elevation, whichever is higher, within
three (3) nautical miles of the established reference point of an
AIRPORT, excluding heliports, with its longest runway more
than 3,200 feet in actual length, and that height increases in
the proportion of 100 feet for each additional nautical mile of
distance from the AIRPORT up to a maximum of 500 feet.
c. A height within a terminal obstacle clearance area, including an
initial approach segment, a departure area, and a circling
approach area, which would result in the vertical distance
between any point on the object and an established minimum
instrument flight altitude within that area or segment to be less
than the required obstacle clearance. (Refer to FAR
77.23.(a.)(2).
L. Exemptions. DEVELOPMENT of the Marco Shores Golf Course
Community that comports with the location and height requirements of
Ordinance No. 81-6, as amended by Ordinance No. 85-56 and
Ordinance No. 94-41, is exempted from the provisions of section
4.02.06 only to the following extent:
1. The agreement between Johnson Bay DEVELOPMENT
Corporation Collier County AIRPORT Authority and the BCC,
dated August 8, 1995.
2. Prior issuance of a Federal Aviation Administration "Determination
Of No Hazard To Air Navigation."
M. AIRPORT land use restrictions.
Page 21 of 247
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Notwithstanding any other provision of this LDC, no use may be made of
land or water within any zones established by this LDC in such a manner
as to interfere with the operation of an airborne aircraft. The following
special requirements shall apply to each permitted use:
1. All lights or illumination used in conjunction with STREET, parking,
SIGNS, or use of land or STRUCTURES shall be arranged and
operated in such a manner that it is not misleading to pilots or
dangerous to aircraft operating from a public use AIRPORT or in
the vicinity thereof.
2. All FLOOD lights, spot lights, or any type of pulsating, flashing,
rotating, or oscillating light shall be modified or prohibited if
determined by the executive director who has authority over that
public AIRPORT to be a possible risk to safety of aircraft
operation.
3. No operations of any type shall produce smoke, glare, or other
visual impairment to pilots within three (3) miles of any usable
runway of a public AIRPORT.
4. No operations of any type shall produce electronic interference
with navigation signals or radio communication between- the
AIRPORT and aircraft, or other air traffic control facility.
5. Land within runway clear zones (runway protection zones) shall be
prohibited from use for high DENSITY residential use, schools,
HOSPITALS, storage of explosives, or flammable material,
assemblage of large groups of people or any other use that could
produce a major catastrophe as a result of an aircraft crash.
6. Based on the possibility that SOLID WASTE management facilities
may attract birds, any SOLID WASTE management facility located
so that it places the runways and/or approach and departure
pattern of an AIRPORT between bird feeding, water, or roosting
areas shall be considered as an incompatible use and is therefore
prohibited in and around the AIRPORTS in Collier County.
7. Any type of tethered dirigible, balloon, or other type of hovering or
floating object the height of which exceeds the airspace notification
limits outlined in section 4.02.06 E. shall be limited as provided in
section 4.02.06 E.
8. No STRUCTURE of any height, type or material shall be
constructed or ALTERED which could possibly cause interference
to any AIRPORT surveillance radar system as determined by the
Federal Aviation Administration, or by the executive director who
has jurisdiction over the AIRPORT deemed to be effected.
N. Naples Municipal AIRPORT noise zones, land use restrictions, sound
level requirements (SLR) for BUILDINGS or STRUCTURES, and SLR
design requirements.
Page 22 of 247
1. The purpose of this section 4.02.06 is to establish standards for
land use and for sound level reduction requirements with respect
to exterior noise resulting from the legal and normal operations at
the AIRPORTS within Collier County. This section establishes
noise zones of differing intensities and land use in the vicinity of
the Naples Municipal AIRPORT, as identified in the most recent
Naples AIRPORT FAA Part 150 Study; establishes permitted land
uses in the noise zones;. establishes soundproofir'!g requirements
for residential DEVELOPMENT within the noise zones; and
establishes notification procedures to prospective purchasers of
real estate within the noise zones.
2. In addition to the prior three (3) noise zones, there is hereby
created and established a fourth noise zone D; there are now
noise zones A, 8, C, and D. Such zones are shown on the Naples
AIRPORT noise zone map(s) which are incorporated and made a
part herein and are descibed in section 4.02.06 N.3. below. The
noise zones contained h ?rein are based on a projection of future
aircraft operations at the \Japles Municipal AIRPORT. The purpose
of these noise zones is i:: define and set forth specific regulations
for all properties within the described areas.
3. Noise zone boundaries.
a. Zone A. That area commencing at the outermost boundary of
the AIRPORT and extending outward therefrom to a boundary
indicated on the noise zone map as "B." The outer contour of
noise zone A approximates a noise level of seventy-five (75)
Ldn.
b. Zone B. That area commencing at the boundary indicated on
the noise zone map as the outer boundary of noise zone A and
extending outward therefrom to the boundary indicated on the
noise zone map as "C." The outer contour of noise zone 8
approximates a noise level of seventy (70) Ldn.
c. Zone C. That area commencing at the boundary indicated on
the noise zone map as the outer boundary of noise zone 8 and
extending outward therefrom to the boundary indicated on the
noise zone map as "D". The outer contour of noise zone C
approximates a noise level of sixty-five (65) Ldn.
d. Zone D. This new noise zone commences at the boundary
indicated on the noise zone map as the outer boundary of noise
zone C and extending outward therefrom to the furthermost
boundary indicated on the noise zone map. The outer contour of
noise zone D approximates a noise level of sixty (60) Ldn and is
the Naples AIRPORT noise zone (This area is referenced in the
1996 Naples AIRPORT FAA Part 150 Study).
Page 23 of 247
~_.~...-.._- -----.
4. Where boundaries of a described noise zone are shown to extend
over a portion, but not all, of a platted LOT or unsubdivided
property, the owner or owners of the entire property will be notified
of potential noise impact in accordance with notice procedures set
forth in Chapter 10.
a. Where boundaries of a described noise zone are shown to
extend over a portion, but not all of a platted LOT or un-
subdivided property, the owner or owners of the entire property
will be notified of potential noise impact in accordance with
notice procedures set forth in Chapter 10.
b. Where boundaries of more than one (1) described noise zone
are shown on a platted LOT or unsubdivided property,
provisions of the most restricted zone shall apply.
5. Land use restrictions.
a. Permitted and restricted activities. All land uses shall be
permitted in the noise zone pursuant to the applicable zoning
district and as provided in the activities and/or land use
guidance chart made a part hereof. Those activities and! land
uses not specifically listed in the land use guidance chart are
permitted or restricted in the noise zones based on itheir
similarity to noise tolerance as exhibited by the activities and
land uses which are listed in the guidance chart.
b. NONCONFORMING uses. The regulations prescribed by this
section shall not be construed to require the sound conditioning
or other changes or ALTERATION of any preexisting
STRUCTURE not conforming to this part as of the effective date
of this section or to otherwise interfere with the continuance of
any such preexisting NONCONFORMING use. Nothing herein
contained shall require any such change in the construction of
or ALTERATION of a STRUCTURE which has commenced
construction prior to the effective date of this section and which
is diligently pursued.
6. Sound level requirements (SLR) for BUILDINGS or
STRUCTURES.
a. The provisions of these APO special regulations shall apply to
the construction, ALTERATION, moving, demolition, repair, and
use of any BUILDING or STRUCTURE within unincorporated
Collier County except work located primarily in a public RIGHT-
OF-WAY, on public utility TOWERS, poles, and mechanical
equipment not specifically regulated by these APOs. Additions,
ALTERATIONS, repairs, and changes of use in all BUILDINGS
and STRUCTURES shall comply with the provisions of these
APOs.
Page 24 of 247
b. BUILDINGS or STRUCTURES constructed prior to the initial
adoption of this amended section, to which additions,
ALTERATION, or repairs are made to the exterior walls and
ceilings of rooms having one (1) or more exterior walls or
ceilings shall be required to meet the SLR requirements. of these
APOs.
c. ALTERATIONS or repairs which are nonstructural and do not
affect the exterior walls or ceilings of an existing BUILDING or
STRUCTURE may be made with the same materials of which
the BUILDING or STRUCTURE is constructed and shall not be
required to meet SLR requirements.
d. BUILDINGS in existence at the time of the initial adoption of
these APOs may have their existing use or occupancy
continued if such use or occupancy was legal at the time of the
initial adoption of these APOs provided such continued use is
not dangerous to life. A change in the use of a STRUCTURE
may require additional sound level reduction.
e. BUILDINGS or STRUCTURES moved into or within the vicinity
of the established noise zone must comply with applicable
provisions of these APOs.
f. The County Manger or his designee may approve any type
construction that complies with the SLR requirements of the
activities and/or land use guidance chart (appendix III of
Appendix D). The SLR requirements specified in appendix III of
Appendix D shall be achieved by the use of assemblies having
the South Transmission Class Ratings specified in table 403.2,
Minimum Sound Transmission of Assemblies, of the Southern
BUILDING Code Congress International, Inc., Standard for
Sound Control, SSTD 8-87, incorporated herein and adopted by
reference as appendix IV of appendix D.
g. The SLR requirements of the land use guidance chart at
appendix III of Appendix D may be achieved by any suitable
combination of BUILDING design, choice of BUILDING
materials, and execution of construction details in accordance
with established architectural and acoustical principles. The
SLR requirements shall apply to the exterior walls and ceilings
only of all rooms having one (1) or more exterior walls or
ceilings. Regulations to achieve the SLR requirements specified
in appendix III of Appendix D, shall be found in appendix IV of
Appendix D and shall be used by the County Manger or his
designee during the BUILDING plan revie;N process.
h. No BUILDING or STRUCTURE for which an SLR 25, SLR 30,
or SLR 35 is required by appendix III of Appendix 0 may be
constructed, ALTERED, moved, demolished, or repaired unless
Page 25 of 247
--. ~."'-''''-----'"~
and until a BUILDING permit has been issued. No such permit
shall be issued unless and until the requirements contained in
appendix III of Appendix D are met as indicated by plans and
specifications for the BUILDING or STRUCTURE. Such plans
and specifications shall result in a sound level reduction for the
applicable exterior walls and ceilings only of room(s) having one
(1) or more exterior walls or ceilings, at least as great as the
SLR value specified.in appendix III of Appendix D for the
particular usage involved. These plans and specifications shall
be reviewed during the BUILDING plan review process in
accordance with the sound transmission ratings specified in
table 403.2 of appendix IV of Appendix D.
4.02.07 Standards for Kee in Animals
Zonin District Maximum Number of Animals
A Poultry or fowl - total.of 25
(Individual property owner) Horses and livestock - 2 per acre
Ho s - none
E Poultry or fowl - total of 25
Horses and livestock - 2 per acre 1
Ho s - none
Enclosures shall be a minimum of thirty (30) feet from any LOT LINE,
and a minimum of 100 feet from any residence on an ADJACENT
PARCEL
4.02.08 Outside Lighting Requirements
A. Lights on golf courses shall be located and designed so that no light is
aimed directly toward property designated residential, which is located
within 200 feet of the source of the light.
B. Specific height requirements in zoning districts.
1. GC - twenty-five (25) feet
2. C-1 - twenty-five (25) feet
3. CF - twenty-five (25) feet
4.02.09 Design Requirements for SHORELINES
The use of vertical seawalls as a method of protecting SHORELINES and
lands ADJACENT to waterways shall be discouraged except for
DEVELOPMENT lakes, and APPLICANTS shall be encouraged to utilize
alternate methods of accomplishing SHORELINE protection and waterway
facilities installation. Whenever possible, all proposed construction of
seawalls, BULKKHEADS, SHORELINE, and waterway ALTERATIONS
and additions shall be designed to afford the maximum protection to the
environment of the area.
Page 26 of 247
4.02.10 Design Standards for Recreation Areas Within MOBILE HOME Rental
Parks
A. The following amount of land or water shall be set aside and
developed for recreational purposes within the MOBILE HOME rental
park site:
1. 300 square feet for each LOT, for the first 100 LOTS.
2. 200 square feet for each~OT in excess of 100 LOTS.
3. One-half (%) of the water surface within the park may be credited
toward the required recreation area, except that at least fifty (50)
percent of the required recreation area shall be land area.
4.02.11 Design Standards for Hurricane Shelters Within MOBILE HOME
Rental Parks.
All new, or existing MOBILE HOME SUBDIVISIONS in the process of
expanding, which are twenty-six (26) units or larger in size shall be
required to provide emergency shelters on-site or provide funding to
enhance existing public shelters off-site.
A. The minimum shelter size shall be determined by the following forrrula:
Minimum shelter size = a (sq. ft.) x b x c (units) x d (%) \
a = The area approved for short-term shelter by the American; Red
Cross for sleeping space per person.
b = The occupancy rate of each MOBILE HOME or unit.
c = The total number of LOTS in the SUBDIVISION.
d = The average population rate occupying the SUBDIVISION during
the June through November timeframe.
Example: 20 sq. ft. x 1.75 x units x 50%
B. The shelter shall be elevated to a minimum height equal to, or above,
worst case category three (3) FLOODING level (+16 feet above MSL)
utilizing the current National Oceanic and Atmospheric Administration's
storm surge model, known as Sea, Lake and Overland Surges from
Hurricanes (SLOSH).
C. The design and construction of the required shelters shall be guided by
the wind loads applied to BUILDINGS and STRUCTURES designated
as "essential facilities" in the Standard BUILDING Code/1988 edition,
table 1205.
D. All shelters shall provide the following:
1. Adequate glass protection by shutters or boards.
2. Equipment for adequate emergency power.
3. Adequate ventilation.
4. First aid equipment.
5. Potable water storage at the rate of ten (10) gallons for each unit,
divided by two (2).
Page 27 of 247
-_.- ._"
6. Kitchen facilities operated by natural or LP gas.
7. Toilets and showers at the minimum rate of one (1) fixture for
every forth (40) units, divided by two (2).
8. A minimum 144-square-foot locked storage room.
9. Separate rooms that can be used for nursirig and
office/adm inistration.
10. Available year-round.
11. Have a shelter team trained by the Red Cross Shelter
Management Training Program, provided. by the park
management, developer, association or other acceptable body.
12. Have the park management confirm the availability of a shelter
team to the County Manager or designee, prior to June 1 of each
year.
13. A permanent exterior wall SIGN size two (2) feet by two (2) feet to
be located at the main entrance which shall identify the BUILDING
as an emergency storm shelter, and capacity limits.
14. A telephone and battery-operated radio within the shelter.
15. A written agreement specifying the use of a shelter management
team and the designated emergency storm shelters shall be
entered into with Collier County.
16. A certificate of occupancy shall be issued for the emergency storm
shelter before occupancy of the 26th unit is authorized. The shelter
team shall be formed, trained and operational before a certificate
of occupancy is issued for the shelter.
17. Any required shelter space as herein provided may be equally
designed to incorporate the above requirements and to serve a
double purpose for the day-to-day needs of MOBILE HOME PARK
residents as part of the common amenities regularly available to
park residents.
E. A MOBILE HOME PARK developer or owner may, subject to the
approval of the BCC, provide a cash contribution in lieu of on-site
shelter facilities.
1. The cash contribution will be computed by the following formula:
a x b x c x d = Cash Contribution
a = Per capita rate
b = Occupancy rate of each MOBILE HOME or unit
c = Total number of LOTS in SUBDIVISION (including existing and
proposed)
d = Average population rate occupancy SUBDIVISION during June
through November
Example: $800 x 1.75 x 60 units x 50% = $42,000
2. Said monies shall be placed in a special account managed by the
County Manager or designee. Expenditures will only be made for
capital improvements (window/door protection, generators, etc.) for
American Red Cross designated shelter facilities that will benefit
the area for which the cash-in-Iieu of on-site sheltering originated.
Page 28 of 247
To the maximum extent possible, shelter enhancements will be
made at facilities within eight (8) road miles of proposed park or
SUBDIVISION expansion.
4.02.12 Design Standards for Outdoor Storage
A. Outdoor storage YARDS may be permissible in the C-4 district,
provided that the YARD is located no closer than twenty-five (25) feet
to any public STREET and that such YARD shall be completely
enclosed, except for necessary ingress and egress, pursuant to the
requirements of this LDC. This provision shall not be construed to
allow, as a permitted or ACCESSORY use, wrecking YARDS,
junkyards, or YARDS used in whole or part for scrap or salvage
operations or for processing, storage, display, or sales of any scrap,
salvage, or secondhand BUILDING materials, junk automotive
vehicles, or secondhand automotive vehicle parts.
B. Within the C-5 district, outside storage or display of merchandise is
prohibited within any FRONT YARD. Temporary display of
merchandise during business hours is permissible, provided it does not
adversely affect pedestrian or vehicular traffic or public health or
safety. Merchandise storage and display shall be allowed within the
side and rear YARDS of LOTS. \
C. All permitted or CONDITIONAL USES allowing for outdoor storage ,
including but not limited to storage of manufactured products, raw or
finished materials, or vehicles other than vehicles intended for sale or
resale, shall be required to screen such storage areas with a fence, or
equivalent landscaping or combination thereof, not less than seven (7)
feet in height above ground level. Said fence or wall shall be opaque in
design and made of masonry, wood, or other materials approved by
the County Manager or designee.
4.02.13 Design Standards for DEVELOPMENT in the BP District
The following requirements shall apply to the business park district.
A. Business parks shall be a minimum of thirty-five (35) contiguous acres.
The term contiguous shall include properties separated by either an
intervening planned or developed public STREET RIGHT-OF-WAY;
provided, however, no portion of such separated properties shall be
less than five (5) acres.
B. Business parks shall be permitted to develop with a maximum of thirty
(30) percent commercial uses. For the purposes of this section,
commercial uses are defined as financial institutions, fitness centers,
CHILD CARE CENTERS, RESTAURANTS, retail sales that are
accessory to the PRINCIPAL USE and limited to-twenty (20) percent of
the gross FLOOR AREA, and recreational facilities.
C. Business parks within the Urban-Industrial district of the Future Land
Use Map of the GMP shall have direct ACCESS to a road classified as
Page 29 of 247
"..,,~. _n'n
an ARTERIAL or COLLECTOR STREET on the Five Year Future
Traffic Circulation Map of the GMP, and shall have an internal
circulation system that prohibits traffic from traveling through
predominantly residential areas. Business parks within the Urban
Mixed-Use and Urban Commercial districts of the Future Umd Use
Map of the GMP shall have direct ACCESS to a road classified as an
ARTERIAL STREET on the Five Year Future Traffic Circulation Map of
the GMP, and shall have an internal circulation system that prohibits
traffic from having direct ACCESS to the ARTERIAL ROADWAY and
from traveling through predominantly residential areas.
D. ACCESS shall be in accordance with the Collier County GMP.
E. Business parks shall have central water and sewer, and shall not
generate light, noise, or odors so as to be incompatible with
surrounding land uses.
F. Business parks located within Interstate Activity Center quadrants that
permit INDUSTRIAL USES shall also be required to meet the
standards as stated under the Interstate Activity Center subdistrict of
the Future Land Use Map of the GMP for commercial and industrial
land uses. These standards include site DEVELOPMENT PLAN
approval; landscaping, BUFFERING, and/or BERMING installed along
the Interstate; fencing that is wooden or masonry; no direct ACCESS
to the interstate RIGHT-OF-WAY; joint ACCESS, and FRONTAGE
roads established when FRONT AGE is not adequate to meet the
ACCESS spacing requirements of the ACCESS Management Policy,
Activity Center ACCESS Management Plans, or State ACCESS
Management Plans, as applicable; ACCESS points and median
openings designed to provide adequate turning radii to accommodate
truck traffic and to minimize the need for U-turn movements; the
developer to provide all necessary traffic improvements-to include
traffic signals, turn lanes, deceleration lanes, and other improvements
deemed necessary-as determined necessary during the rezoning
process; and, a maximum FLOOR AREA RATIO (FAR) for the
designated industria/land uses component of the projects of 0.45.
G. A twenty-five (25)-foot wide LANDSCAPE BUFFER shall be provided
around the boundary of the business park. A six (6)-foot tall opaque
architecturally finished masonry wall, or BERM, or combination thereof,
shall be required and two (2) staggered rows of trees spaced no more
than thirty (30) feet on center shall be located on the outside of the
wall, BERM, or BERM/wall combination.
H. No outside storage or display shall be permitted. The parking of
commercial vehicles may be permitted on improved property, provided
that such parking shall be limited to the rear YARD. Furthermore, such
parking areas, when located on a LOT ABUTTING a residential
district, shall be screened from said residential district. Such screen
Page 30 of 247
may be in the form of walls or fences, and shall be at least six (6) feet
in height. Said walls or fences shall be opaque in design and made of
masonry, wood, or other materials approved by the County Manager or
designee. Chain linked fences are prohibited in the business park
district.
I. Motor freight transportation and warehousing (4225 mini- and self-
storage warehousing only and subject to the following criteria:
1. The use of metal roll-up .g.arage doors located on the exterior of the
perimeter BUILDINGS and walls of BUILDINGS Which are visible
from a public RIGHT-OF-WAY is prohibited;
2. ACCESS to individual units whether direct or indirect must be. from
the side of a BUILDING that is oriented intemally;
3. No BUILDING shall exceed 100 feet in length when ADJACENT to
a residential zoning district;
4. No outdoor storage of any kind is permitted: and
5. Storage units shall be utilized for storage purposes only.
I
4.02.14 Design Standards for DEVELOPMENT in the ACSC-ST District :
A. All DEVELOPMENT ORDERS issued within the ACSC-ST area shall
comply with the Florida Administrative Code, as amended, Boundary
and Regulations for the Big Cypress Area of Critical State Concern.
B. All DEVELOPMENT ORDERS issued for projects within the Big
Cypress Area of Critical State Concem shall be transmitted to the
State of Florida, Department of Community Affairs, for review with the
potential for appeal to the administration commission pursuant to
Florida Administrative Code, DEVELOPMENT ORDER Requirements
for Areas of Critical State Concern.
C. Site ALTERATION.
1. Site ALTERATION shall be limited to ten (10) percent of the total
site size, and installation of nonpermeable surfaces shall not
exceed fifty (50) percent of any such area. However, a minimum of
2,500 square feet may be ALTERED on any permitted site.
2. Any nonpermeable surface greater than 20,000 square feet shall
provide for release of surface runoff, collected or uncollected, in a
manner approximating the natural surface water flow regime of the
area.
3. Soils exposed during site ALTERATION shall be stabilized and
retention ponds or performance equivalent STRUCTURES or
system maintained in order to retain runoff and siltation on the
construction site. Restoration of vegetation to site ALTERATION
areas shall be substantially completed within 180 days following
completion of a DEVELOPMENT. Revegetation shall be
Page 31 of 247
accomplished with preexisting species except that undesirable
exotic species shall not be replanted or propagated. Exotic species
included are enumerated in section 3.05.08 of this code.
4. No mangrove trees or salt marsh grasses shall be destroyed or
otherwise AL TERED. Plants specifically protected by this
regulation include: all WETLAND plants listed by the Florida DEP
in the Florida Administrative Code.
5. Fill areas and related dredge or borrow ponds shall be aligned
substantially in the direction of local surface water flows and shall
be separated from other fill areas and ponds by UNAL TERED
areas of vegetation of comparable size. Dredge or borrow ponds
shall provide for the release of stormwaters as sheet flow from the
downstream end into UNALTERED areas of vegetation. ACCESS
roads to and between fill areas shall provide for the passage of
water in a manner approximating the natural flow regime and
designed to accommodate the fifty (50)-year storm. Fill areas and
related ponds shall not substantially retain or divert the tidal flow in
or to a slough or strand or significantly impede tidal action in any
portion of the estuarine zone.
6. Manmade lakes, ponds, or other containment works shall be
constructed with a maximum slope of thirty (30) degrees to a depth
of six (6) feet of water. When mineral extraction is completed in
new quarrying lakes, SHORELINE sloping, planting of littoral
shelves with nursery-grown aquatic vegetation, restoration or
revegetation of the property, and disposal of spoils or tailings shall
be completed before abandonment of the site. Existing quarrying
lakes are exempt from this provision, except that whenever any
person carries out an activity defined in ~ 380.04, F.S. as
amended, as DEVELOPMENT or applies for a DEVELOPMENT
permit as defined in ~ 380.031, F.S. as amended, to develop any
existing quarrying lake area, these regulations shall apply.
7. Finger canals shall not be constructed in the ACSC-ST area.
8. This rule shall not apply to site AL TERA TIONS undertaken in
connection with the AGRICULTURAL USE of land or for the
conversion of land to AGRICULTURAL USE.
9. Drainage.
a. Existing DRAINAGE FACILITIES shall not be modified so as to
discharge water to any coastal waters, either directly or through
existing DRAINAGE FACILITIES. Existing DRAINAGE
FACILITIES shall not be expanded in capacity or length except
in conformance with subsection 4.02.14 C.9.b. immediately
following; however, modifications may be made to existing
facilities that will raise the groundwater table or limit saltwater
Page 32 of 247
intrusion.
b. New DRAINAGE FACILITIES shall release water in a manner
approximating the natural local surface flow regime, through a
spreader pond or performance equivalent STRUCTURE or
system, either on-site or to a natural retention or filtration and
flow area. New DRAINAGE FACILITIES shall also maintain a
groundwater level sufficient to protect WETLAND vegetation
through the use pf weirs or performance equivalent
STRUCTURES or system. Said facilities shall not retain, divert,
or otherwise block or channel the naturally occurring flows in a
strand, slough or estuarine area.
c. New DRAINAGE FACILITIES shall not discharge water into any
coastal waters whether directly or through existing DRAINAGE
FACILITIES.
d. This rule shall not apply to DRAINAGE FACILITIES modified or
constructed in order to use land for agricultural purposes or to
convert land to such use.
10. Transportation.
a. Transportation facilities which would retain, divert or otherwise
block surface water flows shall provide for the reestablishment
of sheet flow through the use of interceptor spreader systems
or performance equivalent STRUCTURES and shall provide
for the passage of stream, strand, or slough waters through
the use of bridges, culverts, piling construction, or
performance-equivalent STRUCTURES or systems.
b. Transportation facilities shall be constructed parallel to the local
surface flow, and shall maintain a historic ground level sufficient
to protect WETLAND vegetation through the use of weirs or
performance-equivalent STRUCTURES or systems and as
feasible, the flows in such works shall be released to natural
retention filtration and flows areas.
c. Transportation facility construction sites shall provide for
siltation and runoff control through the use of settling ponds, soil
fixing, or performance-equivalent STRUCTURES or systems.
11. STRUCTURE installation.
a. Placement of STRUCTURES shall be accomplished in a
manner that will not adversely affect surface water flow or tidal
action.
b. Minimum low floor elevation permitted for STRUCTURES shall
be at or above the 100-year FLOOD level, as established by the
administrator of the federal FLOOD Insurance Administration.
The construction of any STRUCTURE shall meet additional
federal FLOOD insurance land management and use criteria,.
Page 33 of 247
c. This rule shall not apply to STRUCTURES used or intended for
use in connection with the AGRICULTURAL USE of the land.
D. Port of the Islands, Copeland, and Plantation Island MOBILE
HOME sites. Port of the Islands, Copeland, and Plantation Island
MOBILE HOME sites are developments located within the urban
designated area, but are also located totally within the Big Cypress
Area of Critical State Concern. A portion of the DEVELOPMENT
was determined "vested" by the State of Florida, thus exempting it
from the requirements of F.S. ch. 380. There is an existing
DEVELOPMENT AGREEMENT between Port of the Islands, Inc.,
and the State of Florida department of community affairs dated July
2, 1985, which regulates land uses at Port of the Islands.
DEVELOPMENT within Port of the Islands shall be regulated by the
DEVELOPMENT AGREEMENT and the RESIDENTIAL DENSITY
and commercial intensities shall not exceed that permitted under
zoning at time of adoption of the GMP.
DEVELOPMENT within the urban designated areas of Copeland
and Plantation Island MOBILE HOME sites shall be subject to
review and administrative approval by the County Manager or his
designee for compliance with Area of Critical State Concern
regulations. DEVELOPMENT will not be required to go through the
process of filing a petition for site AL TERA TION or site
DEVELOPMENT plan approval, pursuant to section 4.02.14 G.
This does not exempt site DEVELOPMENT plans required in
section 10.02.03 of the Code.
E. Site ALTERATION plan or site DEVELOPMENT plan approval
required. Prior to the clearing, ALTERATION, or DEVELOPMENT
of any land designated ST or ACSC-ST, the property owner or his
legally designated agent shall apply for and receive approval of a
site ALTERATION plan or site DEVELOPMENT plan, as the case
may be, by the BCC as provided in section 4.02.14 F. below.
F. Procedures for site ALTERATION plan or site DEVELOPMENT
plan approval for DEVELOPMENT in ST or ACSC-ST designated
land.
1. Preapplication conference. Prior to filing a petition for site
ALTERATION or site DEVELOPMENT approval of ST or
ACSC-ST land, the petitioner shall request and hold a
preapplication conference with the planning s~rvices director
and appropriate county staff. The preapplication conference is
for the purpose of guidance and information, and for ensuring
insofar as is possible, that the petition is in conformity with these
regulations. No petition for the site ALTERATION or site
Page 34 of 247
DEVELOPMENT approval will be accepted for formal proces
sing until the planning services director has reviewed the
petition to determine that all required data is included; a
minimum of 30 days shall be allowed for this phase of the
review process. County staff shall visit the site, where
app ropriate.
2. Review and recommendation by Planning services director,
planning commission and environmental advisory council. The
site ALTERATION plan or site DEVELOPMENT plan shall be
submitted to the planning services director who shall have it
reviewed by the appropriate county staff. The planning services
director shall then forward the site ALTERATION plan or site
DEVELOPMENT plan and the county staff recommendations to
the planning commission and the environmental advisory
council (EAC) for review and recommendation. Neither the
planning commission nor the EAC review shall require a public
hearing nor notice to the ABUTTING property owners, but shall
be held in a regular meeting. The planning commission and
EAC recommendations and county staff recommendations shall
be forwarded to the BCC for final action.
3. Final action by board of county commissioners. Final action on
the site ALTERATION plan or site DEVELOPMENT plan lies
with the BCC. The board shall review the proposed site
ALTERATION plan or site DEVELOPMENT plan in regular
session and shall act formally by resolution stipulating reasons
for approval, or approval with modification, or denial of the site
ALTERATION plan or DEVELOPMENT plan.
4. Other permits required. The petitioner may at any time during the
county review process apply for the appropriate local, state and
federal permits for the ALTERATION or DEVELOPMENT of the
subject property.
5. Commencement of site ALTERATION or site development.
Upon obtaining all required local, state and federal permits in
order to AL TER or develop the subject property, the petitioner
may commence ALTERATION or DEVELOPMENT in
accordance with the conditions and requirements of said
permits.
G. Submission requirements for site ALTERATION plan or site
DEVELOPMENT plan approval for DEVELOPMENT in ST or
ACSC-ST designated land. The following shall be submitted in a
Page 35 of 247
....-.,
petition for site ALTERATION or site DEVELOPMENT approval of
ST or ACSC-ST land:
1. Submission and approval of a site ALTERATION plan or site
DEVELOPMENT plan containing the following as determined
applicable to the petition by the planning services director:
a. Title of the project.
b. Names of the project planner and developer.
c. Date.
d. North directional arrow.
e. Exact survey showing the project boundaries, any existing
STREET, watercourses or EASEMENTS within or
ADJACENT to the proposed DEVELOPMENT.
DEVELOPMENTS shall identify, protect, and conserve
native vegetative communities and wildlife habitat. Habitats
and their boundaries will be consistent with the Florida
Department of Transportation Florida Land Use Cover and
Forms Classification System and shall be depicted on an I
aerial photograph having a scale of one inch equal to at lea~t
200 feet when available from the county, otherwise, a scale.
of at least one inch equal to 400 feet is acceptable.
Information obtained by ground-truthing surveys shall have
precedence over information presented through
photographic evidence. For proposed site AL TERA TION(S)
within [or] on shorelines and/or undeveloped or developed
coastal barriers habitat identification shall comply with the
siting criteria in accordance with chapter 10 of this code.
f. Location of all proposed BUILDINGS and STRUCTURES
with dimensions showing SETBACKS to property lines,
roads, watercourses and other STRUCTURES ADJACENT
to the BUILDING(S).
g. ACCESS and traffic flow plan.
h. Off-street parking and off-street loading areas.
i. Proposed screening and BUFFERING.
j. Refuse collection areas and SOLID WASTE.
k. ACCESS to utilities and points of utilities hookups.
I. Locations for BEACH ACCESS as required the Beach
Access Ordinance No. 76-20 [Code ch. 146, art. III] or its
successor in function.
Page 36 of 247
The above items shall be prepared by a Florida registered
surveyor, engineer, or architect or practicing land planner or
environmental consultant as may be appropriate to the
particular item.
2. Tabulation of total gross acreage in the project and the
percentages thereof proposed to be devoted to the various
permitted uses; ground coverage by STRUCTURES and
impervious surface coverage.
3. Architectural definitions for types of BUILDINGS in the
DEVELOPMENT; number of dwelling units, sizes, and types,
together with typical floor plans of each type.
4. Computation sheet including the following data:
a. LOT area.
b. Totally enclosed area of each floor.
c. Number and FLOOR AREA of units by type.
d. Landscaped areas to be provided including any existing
areas of NATIVE VEGETATION.
e. Parking area.
f. Number of parking spaces.
g. Indoor and outdoor recreation areas.
h. Plans for providing potable and irrigation water
requirements.
i. Storm drainage and sanitary sewage plans.
j. Plans for SIGNS, if any.
k. Such additional data as the planning services director may
believe is pertinent to the review and evaluation of the site
ALTERATION plan or site DEVELOPMENT plan. Items
shall be prepared by a Florida registered surveyor, engineer,
or architect or practicing land planner or environmental
consultant as may be appropriate to the particular item.
/. Transfer of DEVELOPMENT rights data required in section
4.02.14 J.
m. Submission and approval of an environmental impact
statement as required by Collier County laws or regulations.
n. The developer shall be subject to Chapter 3,
tree/vegetation removal regulations, in existence at the time
of permitting, requiring a tree removal permit prior to any
Page 37 of 247
_.,~."-,.. -.,'...-.,.,- ,--"---
land clearing. A site clearing plan shall be submitted to the
planning services director for his review and subject to
approval in phases to coincide with the DEVELOPMENT
schedule. The site clearing plan shall indicate the retention
of NATIVE VEGETATION to the maximum extent practical
and how roads, BUILDINGS, lakes, parking lots, and other
facilities have been oriented to accommodate this goal. One
criterion to be used in evaluating the extent of NATIVE
VEGETATION to be retained shall be a consideration of the
land use.
o. Submission and approval of an excavation plan as required
by the Collier County Code of Laws and Ordinances, if
applicable.
p. A DEVELOPMENT of regional impact review as required
by F.S. ~ 380.06, as amended, if applicable.
q. An appropriate protected species survey using
methodology of the Florida game and freshwater fish
commission shall be required. An appropriate protected
species survey should include considerations for species
known or likely to occur in or around habitats in the
DEVELOPMENT area.
r. All exotic plants as defined in section 1.08.02 shall be
removed during each phase of construction from
DEVELOPMENT areas, open space areas, and preserve
areas. Following site DEVELOPMENT, a maintenance
program shall be implemented to prevent reinvasion of the
site by exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with and
subject to approval by the community planning services
director in accordance with the standards established in
Chapter 3.
H. Exceptions from public hearing requirements. The planning services
director may administratively approve a site alteration plan or site
DEVELOPMENT plan for land designated ST without the public
hearing otherwise required by this section if:
1. The area of the proposed alteration or DEVELOPMENT is five
(5) acres or less in gross area; there are no transfer of
DEVELOPMENT rights involved, and the following conditions,
where applicable, exist:
a. The proposed site alteration or site DEVELOPMENT will
occur on land that was lawfully cleared and no more than ten
Page 38 of 247
percent of the cleared lands have re-grown with NATIVE
VEGETATION.
b. Where the proposed alteration or DEVELOPMENT
involves a single-family principal STRUCTURE or the
renovation or replacement of a single-family STRUCTURE
and the proposed site alteration or site DEVELOPMENT
plan will not require any significant modification of
topography, drainage, flora, or fauna on the site. "Significant
modification" shall mean modification greater than 15
percent of the site.
c. No pollutants will be discharged from the area that will
degrade the air, water or soil below the levels existing at the
time of application.
d. Water management berms and structures proposed for th~
protection and/or enhancement of the ST areas will meet th~
minimum dimensions permitted by the South Florida Water
Management District.
2. Temporary site alteration for oil and gas geophysical surveys I
and testing. "Temporary site" alteration shall mean only those \
alterations involving and cutting of vegetation for surveys and
equipment entry, drill shot holes not exceeding six inches in
diameter and rutting associated with vehicle access. Trimming
of vegetation for access routes shall be kept to the minimum
width necessary for surveying and testing. The site shall be
restored as required by federal, state and county permits within
90-days of t he start of the project.
3. Where a conditional use has been approved, along with an
environmental impact statement (EIS) or an exemption from the
requirement for an EIS has been granted pursuant to section
10.02.02 of this Code.
4. Site alteration or site DEVELOPMENT around existing
communication towers to expand or construct accessory
structures associated with an already existing tower, not to
exceed five acres.
5. All other site alteration or site DEVELOPMENT plan approvals
of any size shall be as required to comply with the provisions in
sections 4.02.14 D., E. and F., as applicable.
/. Exemptions. The following activities shall be exempt from the
requirements of section 4.02.14 E. and F.
1. Removal and control of exotic vegetation as defined in
Chapter 3 of this code.
Page 39 of 247
'-~" -..-." -.,-.. --.,.-- N_'^_~
2. Prescribed fires and associated firebreaks as approved by the
Florida Department of Forestry.
3. Removal of non-native vegetation pursuant to Chapter 3 of
this code.
J. Modification of site alteration plan or site development plan. Any
modification of the site alteration plan or site DEVELOPMENT
plan as approved by the county, which would alter the intent and
purpose of these ST regulations, requires the procequre and
approval as if for a new petition.
4.02.15 Design Standards for DEVELOPMENT in the SBCO District
A. The standards described in this section shall apply to all uses in this
overlay district.
1. Where specific DEVELOPMENT criteria and standards also exist
in the Golden Gate Area Master Plan, or the Future Land Use
Element of the GMP, they shall supersede any less stringent
requirement or place additional requirements on DEVELOPMENT.
2. Existing residential uses must cease to exist no later than ten
years after the effective date of the adoption of the Santa Barbara
Commercial Subdistrict in the Golden Gate Area Master Plan (April
19, 1999). This does not require the removal of the residential
STRUCTURES if they can be, and are, converted to uses
permitted in this district, within one additional year. This
requirement to cease existing residential uses does not apply to
DWELLING UNITS which were owner-occupied as of April 19,
1999.
B. In support of the purpose and intent of the SBCO, all STRUCTURES
within the overlay district shall be designed so as to be compatible with
nearby residential areas and shall have a common architectural style.
To the extent possible and practicable, STRUCTURES shall be
designed to have a residential appearance. During the site
DEVELOPMENT PLAN review process, architectural drawings shall
be submitted to demonstrate adherence to these requirements. All
commercial BUILDINGS and projects shall be subject to the provisions
of section 5.05.08 of the LDC, except where those requirements
conflict with the goal of designing BUILDINGS to have a residential
appearance.
C. Projects shall be encouraged to be in the form of a PUD. There shall
be no minimum acreage requirement for PUD rezones except for the
requirement that all requests for rezoning must be at least 40,000
square feet in area unless the proposed rezone. is an extension of an
existing zoning district consistent with the Golden Gate Area Master
Plan.
D. Minimum project area. One (1) acre.
Page 40 of 247
E. Maximum height. BUILDINGS shall have a maximum height of two (2)
stories.
F. Transportation System Standards.
1. ACCESS via a rear property RIGHT-OF-WAY shall be re.quired, if
available, in lieu of direct ACCESS to Santa Barbara Boulevard.
ABUTTING projects shall be required to share ACCESS.
2. Projects shall be required to provide off-STREET parking and are
encouraged to make provisions for shared parking arrangements
with adjoining DEVELOPMENTS.
3. Projects shall provide deceleration lanes as may be determined
necessary by the County Manager or designee, based upon the
requirements of the "work within the RIGHT-OF-WAY ordinance"
(Ordinance No. 93-64) and sound engineering practices.
4. Projects shall provide SIDEWALKS so as to encourage pedestrian
and bicycle traffic. ADJACENT projects shall coordinate the
location and intersection of SIDEWALKS.
4.02.16 Design Standards for DEVELOPMENT in the BMUD - Neighbor~ood
Commercial Subdistrict
A. The purpose and intent of this subdistrict is to encourage a mix of low
intensity commercial uses and residential uses. DEVELOPMENTS will
be small-scale and pedestrian-oriented.
B. Special requirements for ACCESSORY uses.
1. Uses and STRUCTURES that are ACCESSORY and incidental to
the permitted uses allowed within in this subdistrict are allowed
unless otherwise prohibited in this subdistrict.
2. Properties immediately ADJACENT to Haldeman Creek may
engage in boat rental operations.
3. LOTS ADJACENT to the Neighborhood Commercial (NC) and
Waterfront district (W) subdistricts, as indicated on BMUD Map No.
1 below, may construct a DOCK provided the LOTS are under the
same ownership and have been approved by the County Manager
or designee, a site DEVELOPMENT PLAN shall be submitted to
the County Manager or designee.
Page 41 of 247
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BMUD Map No.1
Page 42 of 247
C. The following regulations govem the outdoor display and sale of
merchandise.
1. No automatic FLOOD and drinking vending machines or public pay
phones are permitted outside of any STRUCTURE.
2. Newspaper vending machines will be limited to two machines per
project site and must be architecturally integrated within the project
site.
::1
3. Outdoor display and sale of merchandise, within .FRONT YARDS
on improved properties, are permitted subject to the following
provisions:
a. The outdoor display/sale of merchandise is limited to the sale
of comparable merchandise sold on the premises and as
indicated on the proprietors' occupational license.
b. The outdoor display/sale of merchandise is permitted on
improved commercially zoned properties and is subject to the
submission of a site DEVELOPMENT PLAN that demonstrates
that provision will be made to adequately address the following:
I
i. Vehicular and pedestrian traffic safety measures. I
ii. Location of sale/display of merchandise in relation to pai'king
areas.
iii. Fire protection measures.
iv. Limited hours of operation from dawn until dusk.
v. Merchandise must be displayed in a vendor cart that
complements the architectural style of the BUILDING that it
is ACCESSORY to.
vi. Vendor carts located on SIDEWALKS must afford a five (5)-
foot clearance for non-obstructed pedestrian traffic.
D. Dimensional Standards
Table 11. Design Standards for the BMUD Neighborhood
Commercial Subdistrict.
Oesian Standard
Minimum setbacks
Front yard BUILDINGS containing commercial or
residential uses are required to a
minimum depth of 35 feet from the
front setback line on all floors. The
remaining depth may be used for
parking. At five feet, 80 percent of the
structure must be located at the
required front setback line.
Front yard - infill project Consistent front yard with ADJACENT
exitinQ structures.
Side yards - abutting residential 15 feet
Page 43 of 247
--~---
Side yards - all other 5 feet
Rear yard 20 feet
Waterfront ..: 25 feet
BUILDING standards
Locations on Bayshore Drive First floor elevation level with the
sidewalk. The first floor of the
BUILDINGS must be utilized for
commercial purposes
BUILDING Design Where possible BUILDINGS facing
Bayshore Drive wraparound the
corner as depicted on BMUD Figure 1.
Maximum DENSITY For the residential component--12
units per acre.
Minimum floor area 700 square foot gross floor area for
each BUILDING on the ground floor.
Maximum height of structures
Commercial use BUILDINGS 3 stories, or 42 feet above the sidewalk
GRADE to the BUILDING eave.
Residential use only 3 stories or 42 feet above the sidewalk
GRADE to the BUILDING eave.
Mixed-use residential over 4 stories or 56 feet above the sidewalk
commercial uses GRADE to the BUILDING eave. The
first floor of the BUILDING at the
sidewalk level shall be no less than 12
feet and no more than 18 feet in height
from the finished floor to the finished
ceiling and shall be limited to
commercial uses only.
'Outdoor seating areas, canal walkway, water management facilities, and
landscaping area may be located within the required SETBACK.
2To allow the maximum use of the waterfront, BUILDING placement on a LOT can
vary from the required SETBACKS, provided such variation is recommended by the
CRA staff and the county architect and approved by the County Manager or
designee.
E. Parking standards.
1. Three spaces per 1,000 square feet of FLOOR AREA open to the
general public for commercial use.
2. Minimum one parking space for each residential unit.
3. Outdoor cafe areas shall be exempt from parking calculations.
4. ACCESS to the off-STREET parking facility must be from the local
STREET unless restricted due to LOT size.
5. Should the property owner develop on-STREET parking spaces on
local STREETS within the same BLOCK of the project site, then
each space so provided shall count as one space toward the
parking requirement of this subsection.
6. On-STREET parking on local STREETS excluding Bayshore Drive
requires an agreement with the county to use the public RIGHT-
Page 44 of 247
OF-WAY for parking. Angle or parallel parking (as depicted on
BMUD Figure 2 below) is permissible based on the site
DEVELOPMENT PLAN as approved by the planning services
department and built to county standards. The property owner
must agree to maintain that portion of the public RIGHT-OF-WAY
where the parking is located.
Page 45 of 247
.,_.-
MUD Figure 2 - Typical on-STREET parking
7. LOTS ADJACENT to the Neighborhood Commercial (NC) and
Waterfront district (W) subdistricts, as indicated on BMUD Map No.
1 above, may be used for off-site parking provided the LOTS are
under the same ownership, meet the standards of section 4.05.02
of this LDC and have been approved by the County Manager or
designee a site DEVELOPMENT PLAN shall be submitted to the
County Manager or designee.
8. On-STREET parking on B.ayshore Drive shall be made available to
the property owner on a. first come first serve basis at the time of
site DEVELOPMENT PLAN (SDP) or site improvement plan (SIP)
approval provided the parking does not interfere with the on-
STREET BIKE LANES and is located within the BLOCK in which
the BLOCK that the property it serves is located.
9. Construction or renovation of any BUILDING must occur within
ninety (90) days of the SOP or SIP approval and be completed
within six (6) months of commencement in order to secure the on-
STREET parking spaces. Due to circumstances beyond the control
of the APPLICANT the property owner may request an extension
from the County Manager or designee. These spaces must be
used toward the fulfillment of the parking requirements set forth
herein.
10. The off-site parking requirements of section 4.05.02 J. of the LDC
shall apply. Vehicular egress points may be located on local
STREETS opposite residential homes provided they are within the
Bayshore Mixed Use Overlay District.
11. Shared parking requirements shall be consistent with those
provided in subsection 4.05.02. of the LDC except that the County
Manager or designee can approve or deny requests instead of the
Board of Zoning Appeals or Planning Commission. Shared parking
spaces may be separated by Bayshore Drive provided the two
properties are located within the BMUD.
F. Design standards for awnings, loading docks, and dumpsters.
1. Retractable awnings shall be exempt from fire sprinkler
requirements. Fixed awnings under 145 square feet shall be
subject to sprinkler requirements but only from the potable water
supply without requirements for backtlow protection.
2. Loading docks and service areas shall not be allowed on the
FRONT AGE line.
3. All dumpsters must be located in the rear YARD and not visible
from Bayshore Drive.
G. Architectural standards.
Page 46 of 247
..
1. All BUILDINGS shall meet the requirements set forth in section
5.05.08 unless otherwise specified below.
2. All BUILDINGS ADJACENT to Bayshore Drive will have the
principal pedestrian entrance fronting Bayshore Drive.
3. Thirty-five (35) percent of the BUILDING FACADE that faces
Bayshore Drive will be clear glass.
4. Clear glass windows between the height of three (3) and eight (8)
feet above SIDEW ALK GRADE are required on the primary
FACADE of the first floor of any BUILDING.
5. Attached BUILDING awnings may encroach over the SETBACK
LINE by a maximum of five (5) feet.
6. Neon colors shall not be used as accent colors.
4.02.17 Design Standards for DEVELOPMENT in the BMUD - Waterfront
Subdistrict
A. Special conditions for MARINAS:
1. Repair and storage areas shall not be visible from the local
STREET.
2. Boats available for rental purposes shall be located in the water or
properly screened from the local roadways and not visible from
Bayshore Drive.
3. All boat racks shall be enclosed.
4. Height of STRUCTURES may be increased to a maximum height
of fifty (50) feet by the Board of Zoning Appeals (BZA) upon
approval of a variance petition. The BZA, in addition to the findings
in Chapter 9, shall consider whether or not the literal interpretation
of the provisions of this LDC imposes a financial hardship on the
APPLICANT.
5. Outdoor displays of new boats for sale on properties fronting
Sayshore Drive shall be limited to the following:
a. All areas used for new boat sales activities shall occupy no
more than thirty-five (35) percent of the linear FRONT AGE of
the property.
b. All boat sale activities are limited to new boat sales.
c. All new boat sale areas shall not be closer to the FRONT AGE
line than the primary BUILDING they serve unless it is
otherwise recommended by the CRA staff and administratively
approved by the County Manager or designee.
d. All new boats located within an outdoor sale area shall not
exceed the height of seventeen (17) feet above existing
GRADE.
Page 47 of 247
e. Outdoor sales areas shall be connected to the parking area and
primary STRUCTURE by a pedestrian walkway.
f. An additional LANDSCAPE BUFFER is required around the
perimeter of the outdoor boat sales area. This BUFFER must
include, at a minimum fourteen (14)-foot high trees, spaced at
thirty (30) feet on center and a three (3)-foot high double row
hedge spaced at three feet on center at the time of planting.
6. Outdoor displays of boats on properties fronting Haldeman Creek
shall be limited to the following:
a. All areas used for boat sales shall utilize no more than fifty (50)
percent of the linear FRONT AGE of the property.
b. All boat sale areas shall be no closer to the FRONT AGE line
than the primary BUILDING they serve unless it is otherwise
recommended approved by the County Manager or designee.
c. All boats located within outdoor sales areas shall not exceed a
height of thirty-five (35) feet above the existing GRADE.
Sailboat masts are exempt from this limitation. I
I
d. Outdoor sales areas shall be connected to the parking area and
primary STRUCTURE by a pedestrian walkway. : \
e. An additional LANDSCAPE BUFFER is required around the
perimeter of the outdoor sales area. This BUFFER must
include, at a minimum fourteen (14) foot high trees, spaced at
thirty (30) feet on center and a three (3)-foot high double row
hedge spaced at three (3) feet on center at the time of planting.
7. One (1) parking space per five (5) dry boat storage spaces.
8. On-site traffic circulation system shall be provided that will
accommodate areas for the loading and unloading of equipment
that will not encroach on residential DEVELOPMENTS.
4.02.18 Design Standards for DEVELOPMENT in the BMUD - Residential
Subdistrict (R1)
A. Dimensional and Design Standards
Table 12. Design Standards in the BMUD Residential Subdistrict R1.
Desi n Standard
Maximum DENSITY 12 units er acre
Minimum Lot Width feet
Single-family and Two-family 50 feet
Townhouses 25 feet
Multi-famil 100 feet
Minimum setbacks
Front Yard Min. Side Yard
At*
Page 48 of 247
One (single) family units 10 feet 7 1/2 feet unless abutting 15
dwelling commercial property, then
5 feet
Two family dwelling units 1 0 feet 5 feet unless abutting 15
single-family unit, then 7.5
feet
Townhouse 10 feet o feet when abutting 15
another townhouse, if not
then the same standards
as a two family dwelling
unit
Multi-family (three or more) 10 feet 5 feet unless abutting 15
dwelling units single family unit, then 7.5
feet
BUILDING standards
Minimum floor area 750 square feet oer unit
Maximum height of orincioal structures 3 habitable floors or 40 feet
Maximum height of accessory screen Same as principal structure, not to
enclosures exceed 35 feet
Maximum height of all other ACCESSORY 15 feet
STRUCTUREs
Parkina Standards
All uses 1 soace oer dwellina unit
*Shall be ten feet from the property line to the BUILDING footprint.
B. Specific Design Requirements
1. There shall be no visible parking area from the FRONT AGE road.
2. BUILDINGS and their elements shall adhere to the following: (See
BMUD figure 4 below):
a. BUILDINGS shall be divided using articulation and/or
modulation at least every eighty (SO) feet. FACADE modulation
is stepping back or extending forward a portion of the FACADE
at least six (6) feet measured perpendicular to the front
FACADE for each interval. Articulation includes porches,
balconies, bay windows and/or covered entries.
b. The primary residence shall be oriented to the STREET.
Orientation is achieved by the provision of a front FACADE
including an entry door that faces the STREET.
c. On corner LOTS, both STREET FACADES of a BUILDING
shall have complementary details; in particular, BUILDING
materials and color, rooflines and shapes, window proportions
and spacing, and door placement.
d. All mechanical equipment must be screened with a three (3)-
foot high hedge spaced three (3) feet on center or an opaque
fence or wall at any height to completely screen the mechanical
equipment.
e. Stem wall construction is required, no monolithic construction is
allowed.
Page 49 of 247
- _.._-~- .... ,-~_.- -,~-
BMUD Figure 4 - Typical front elevation, residential DEVELOPMENT
3. BUILDINGS shall adhere to the following elevation requirements:
a. The first habitable floor at the STREET FACADE may not be
greater than one (1) foot over the minimum first floor elevation
designated in the National FLOOD Insurance Program by the
Federal Emergency Management Agency (FEMA). A maximum
of forty (40) percent of the first habitable floor may be greater
than one (1) foot over the FEMA-designated minimum first floor
elevation.
Page 50 of 247
b. Open stilt-type construction is not permitted. On FRONT
YARDS, the FACADE area below the first floor must be treated
with a solid FACADE or lattice which is consistent with the
architectural style of the BUILDING.
c. The garage floor shall not exceed twenty-four (24) inches above
the elevation of the RIGHT-OF-WAY from which it is
ACCESSED.
4. Front porches that adhere. to the following standards may encroach
seven (7) feet into the FRONT YARD SETBACK, with an
additional three (3)-foot encroachment allowable for entry stairs.
a. Front porches must cover a minimum of forty (40) percent of
the horizontal length of the FRONT YARD FACADE of the
primary residence.
b. Front porch design and material shall be consistent with the
architectural design and construction material of the primary
residence.
c. Front porches shall not be air-conditioned nor enclosed. with
glass, screen, or other material. !
I
I
d. Second-story porches are encouraged, but no enclosed room is
permitted above the front porch.
5. Garages and DRIVEWAYS.
a. The rear SETBACK may be reduced to ten (10) feet if a front-
ACCESS garage is constructed on the rear of the residence.
b. Garage doors shall have a maximum width of sixteen (16) feet.
c. Only one (1) DRIVEWAY is allowed per fifty (50) linear feet of
front property line. The DRIVEWAY shall have a maximum
width of eighteen (18) feet in the RIGHT-OF-WAY area.
d. Other than the permitted DRIVEWAY, the FRONT YARD may
not be paved or otherwise used to accommodate parking.
e. Garages shall be recessed a minimum of three (3) feet behind
the front FACADE of the primary residence.
f. No carports are permitted.
6. An ACCESSORY unit is a separate STRUCTURE located at the
rear of the property and related to the primary residence for uses
which include, but are not limited to: Library studio, workshop,
playroom, or GUEST QUARTERS. Ownership of an ACCESSORY
unit shall not be transferred independently of the primary
residence.
a. Only one (1) ACCESSORY unit is permitted per PRINCIPAL
STRUCTURE.
Page 51 of 247
~"..-
b. The maximum area of an ACCESSORY unit is 550 square feet,
limited to one (1) habitable floor.
c. The ACCESSORY unit may be above a garage or may be
connected to the primary residence by an enclosed breezeway
or corridor not to exceed eight (8) feet in width.
d. The maximum height of a STRUCTURE containing a guest unit
over a garage is limited to eighteen (18) feet, measured from
the level of GRADED LOT to the eave, and with a maximum
overall BUILDING HEIGHT of twenty (24) feet to the top of the
roof. A STRUCTURE containing only a guest unit is limited to
one (1) story and ten (10) feet, measured from the FEMA first
habitable floor height requirement to the eave, with a maximum
overall BUILDING HEIGHT of sixteen (16) feet to the top of the
roof.
e. For purposes of calculating DENSITY, an ACCESSORY unit will
count as one-half (1/2) a DWELLING UNIT.
7. Fencing forward of the primary FACADE of the STRUCTURE is
permitted subject to the following conditions:
a. The fence does not exceed four (4) feet in height.
b. The fence is not opaque but provides an open view.
c. Chain link fence is prohibited.
d. The fence material shall be wood, vinyl, or iron.
e. A masonry wall is permitted and shall not exceed three (3) feet
in height.
f. Fencing and walls must architecturally complement the primary
STRUCTURE as determined by the County Manager or
designee.
C. Specific standards for bed and breakfast lodging as a CONDITIONAL
USE:
1. A site DEVELOPMENT PLAN pursuant to Chapter 10.
2. Minimum number of guest rooms or suites is two (2) with a
maximum number of six (6). Guest occupancy is limited to a
maximum stay of thirty (30) days. The minimum size of bedrooms
for guest occupancy shall be 100 square feet.
3. No cooking facilities shall be allowed in guest rooms.
4. Separate toilet facilities for the exclusive use of guests must be
provided. At least one (1) bathroom for each two (2) guestrooms
shall be provided.
5. All automobile parking areas shall be provided on-site based upon
a minimum of two (2) spaces plus one (1) space for each two (2)
Page 52 of 247
bedrooms. All other applicable provisions of this LDC relative to
parking facilities shall apply.
6. One (1) SIGN with a maximum SIGN area of four (4) square feet
containing only the name of the proprietor or name of the
residence. SIGN lettering shall be limited to two (2) inches in
height and shall not be illuminated.
7. An on-site manager is req~ired.
8. The facility shall comply with all business license, certifications,
and health laws of Collier County and the State of Florida.
4.02.19 Design Standards for DEVELOPMENT in the BMUD-Residential
Subdistrict (R2)
A. DEVELOPMENT standards for the subdistrict are the same as those
set forth for the Residential subdistrict 1, unless set forth below.
Table 13. SETBACK Standards for BMUD Residential Subdistrict
(R2)
Front Yard At" Min. Side Yard Min. Rear Yard
One (Single) 25 feet 7.5 feet 15 feet
Family Dwelling I
Units !I
I
Two Family 25 feet 6 feet unless abutting 15 feet
Dwelling Units single family unit, then
7.5 feet
Townhouse 25 feet 6 feet unless abutting 15 feet
single family unit, then
7.5 feet
Multi- Family 25 feet 6 feet unless abutting 15 feet
(Three or more) single family unit, then
DwellinQ Units 7.5 feet
"Shall be 25 feet from the property line to the BUILDING footprint.
4.02.20 Design Standards for DEVELOPMENT in the BMUD-Residential
Subdistrict (R3)
A. The purpose of this district is to allow the DEVELOPMENT of MOBILE
HOME, modular home, TOWNHOUSES and single-family residences.
All new DEVELOPMENT in this Subdistrict shall be compatible with
the BUILDING patterns and faCfade articulation of traditional
neighborhood design. The intent is to create a row of residential units
with consistent FRONT YARD SETBACKS and ACCESS to the
STREET. DEVELOPMENT standards for this Subdistrict are the same
as those set forth for the Residential Subdistrict 1, unless set forth
below.
B. Minimum LOT width
Single-family 40 feet
Modular homes 40 feet
Page ~3 of 247
.-.__.<-'"...__._--,._^-------~_._-_._.-
Townhouses 25 feet
Mobile homes 40 feet
C. YARD requirements.
Front Yard Min. Side Yard Min. .
At Rear
Yard
One (Single)
Family Dwelling 1 0 feet 5 feet 8 feet
Units
Modular Dwelling
Units 1 0 feet 5 feet 8 feet
o feet when
Townhouse 1 0 feet abutting another 8 feet
townhouse, if not
then 5 feet.
Mobile Homes 1 0 feet 5 feet 8 feet
4.02.21 Design Standards for DEVELOPMENT in the BMUD - Residential
Neighborhood Commercial Subdistrict (RNC)
A. Home occupation in section 5.02.00 of the LDC, shall apply unless
specified otherwise below. DEVELOPMENT standards for the
subdistrict are the same as those set forth for the residential subdistrict
2, unless otherwise set forth below.
B. The home occupations permitted include: Accounting (8721), auditing
and bookkeeping services (8721), barber shops and beauty salons
(7231 except beauty culture schools, cosmetology schools, or barber
colleges), engineer or architectural services (8713, 8712, 8711),
insurance agents and brokers (6411), legal services (8111), and real
estate agents (6531 except MOBILE HOME brokers, on-site; housing
authorities, operating).
C. The home occupation shall be clearly incidental to and secondary to
the use of the DWELLING for residential purposes and shall not
change the character of the DWELLING UNIT. The following
conditions shall be met:
1. There shall be a minimum of one (1) residential DWELLING UNIT.
2. The resident of the home shall be the owner and operator of the
home occupation.
3. The home occupation shall not occupy more than (thirty) 30
percent of the primary residential STRUCTURE.
4. The home occupation shall not employ more than two (2)
employees at any given time.
Page 54 of 247
5. One (1) wall SIGN shall be permitted provided it does not exceed
six (6) square feet in area, and shall not project more than four (4)
feet from the BUILDING on which the SIGN is attached.
6. A total of two (2) parking spaces shall be provided for clients or
customers. Two (2) additional parking spaces shall be provided for
employees, if any. The required parking area or areas shall not be
located in the FRONT YARD of the residence.
7. Parking areas shall consist of a dust free surface such as: Mulch,
shell, or asphalt. A single row hedge at least twenty-four (24)
inches in height at the time of planting shall be required around all
parking areas.
8. There shall be no additional DRIVEWAY to serve such home
occupation.
9. There shall not be outdoor storage of materials or equipment 'used
or associated with the home occupation.
4.02.22 Design Standards for the GZO District
A. These regulations are intended to supplement the existing 'land
I
DEVELOPMENT regulations found in this LDC. In the event ;of a
conflict between other provisions of this LDC and these regulations,
these regulations contained in this overlay shall control.
B. Dimensional Standards
Table 14. Design and Dimensional Standards in the GZO District.
Desian Standard
Maximum BUILDING height Same as the VR District, but not more
than 2 levels of habitable space for
residential Dumoses
Minimum lot requirements Same as the VR District, except as
follows:
Single family dwelling or mobile home
Minimum lot area 4,275 square feet
Minimum lot width 45 feet
Minimum lot requirements Same as the RSF-4 District, except
as follows:
Minimum lot area 5,000 square feet
Minimum lot width 50 feet
Minimum setback requirements Same as the RSF-4 District, except
as follows:
Side yard 5 feet
C. Specific design standards
1. Within the VR and RSF-4 zoning districts, except for specifically
designated travel trailer SUBDIVISIONS, boats, trailers,
RECREATIONAL VEHICLES and other recreational equipment
may be stored in any YARD subject to the following conditions.
Page 55 of 247
a. No recreational equipment shall be used for living, sleeping, or
housekeeping purposes when parked or stored.
b. No RECREATIONAL VEHICLE or equipment shall exceed
thirty-five (35) feet in length.
c. No RECREATIONAL VEHICLE or equipment shall be parked,
stored nor encroach in any county RIGHT-OF-WAY or
EASEMENT.
d. RECREATIONAL VEHICLES or equipment that exceed thirty-
five (35) feet in length shall be subject to the provisions of the
County Code regarding parking of commercial or
RECREATIONAL VEHICLES.
e. Personal vehicles may be parked in drainage swales in the VR
and RSF-4 zoning districts subject to the following conditions:
No vehicle shall block or impede traffic.
2. Within the VR and RSF-4 zoning districts, fishing equipment, such
as crab traps, anchors and other similar items, may be displayed
or stored in any YARD subject to the following conditions.
a. The storage of fishing related equipment is permitted only in
association with a fishing-related business.
b. Storage of toxic materials is prohibited.
c. The storage or display area shall be located a minimum of five
(5) feet from any property line or County RIGHT-OF-WAY.
d. Fishing related items may be used for decorative purposes.
4.02.23 Design Standards for DEVELOPMENT in the Activity Center #9
Zoning District
A. All BUILDINGS and projects within Activity Center #9 shall be
developed or redeveloped in accordance with one (1) or more of the
design themes defined in the Activity Center #9 Interchange Master
Plan. The design themes shall be incorporated into architecture,
landscape, signage, gateway features, and roadway lighting.
B. BUILDINGS within the Activity Center #9 shall be limited to three (3)
complementary character themes: Everglades, Rural and Old Florida,
as defined in the Vision Statement of the Activity Center #9
Interchange Master Plan.
C. In addition to the requirements of section 5.05.0S, BUILDINGS shall
have features that characterize the area character themes. These
elements include:
1. All primary FACADES of a BUILDING shall feature one (1) or
more of the following design elements listed below:
a. Porch.
Page 56 of 247
.
b. Portico.
c. Elevated first floor or elevated entry.
d. Any other treatment which the County Manager or designee
determines to represent the character themes of this' 9verlay
district.
2. Roof treatment.
a. BUILDINGS with gross FLOOR AREAS of less than 10,000
square feet shall have pitched roofs. Pitched roofs shall have a
minimum of 4/12 slope.
b. BUILDINGS with gross FLOOR AREAS of 10,000 square feet
or greater shall have one or more of the following roof
treatments:
i. Pitched roof with a minimum slope of 4/12.
ii. Flat roof with mansard edge treatment.
iii. Flat roof with a combination of pitched and mansard roof
elements that extend along a minimum of fifty (50) percent of
the length of any primary FACADE, and a minimum of thirty
(30) percent of the attached FACADES as measured from
the connection point.
c. INDUSTRIAL USE BUILDINGS shall have one (1) or more of
the following roof treatments:
i. Pitched roof with a minimum slope of 3/12.
ii. Flat roof with mansard edge treatment.
iii. Flat roof with a combination of pitched and mansard roof
elements that extend along a minimum of thirty (30) percent
of the length of any primary FACADE, and twenty (20)
percent of the attached FACADES as measured from the
connection point.
d. Roof material shall be tile or metal.
e. Roof overhangs shall be deep, no less than three (3) feet
beyond the supporting walls.
f. To create articulation, roofs shall include a minimum of one (1)
of the following architectural elements:
i. Clearstory windows.
ii. Cupolas.
iii. Dormers.
iv. Any other treatment which the County. Manager or designee
determines to represent the character themes of this overlay
district.
Page 57 of 247
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D. Lighting fixtures and signage within the Activity Center #9 shall be
designed to complement the architectural themes of this overlay
district. Lighting shall also be subject to the requirements pursuant to
section 5.05.08 regardless of the gross BUILDING area.
4.02.24 Corridor Management Overlay District (CMO) - Special Regulations
for Properties Abutting Golden Gate Parkway West of Santa Barbara
Boulevard and Goodlette-Frank Road South of Pine Ridge Road.
A. Required SETBACKS . .
1. Goodlette-Frank Road. Fifty (50) feet.
2. Fifty (50) feet for the first floor of all commercial DEVELOPMENT,
100 feet for the first floor of all other DEVELOPMENT except for
properties zoned estates district (E), which shall be set back
seventy-five (75) feet.
3. As BUILDING HEIGHT increases, the FRONT YARD SETBACK
shall be increased by twenty-five (25) feet for each additional floor
or BUILDINGS shall be stepped back to provide a vertical slope
SETBACK of two (2) to one (1 ). Single-family residence
DEVELOPMENT shall be exempt from this provision.
B. Two-way ingress and egress shall be a minimum of 330 feet from the
nearest STREET intersection (measured from intersecting RIGHT-OF-
WAY lines). One-way ingress and egress shall be a minimum of 150
feet from the nearest intersection. If a property ABUTS a side STREET
except that if the property is five (5) acres or less in size, ACCESS
shall be limited to the side STREET.
C. Golden Gate Parkway. Property identification SIGNS shall not be
higher than four (4) feet above the ground or exceed sixty (60) square
feet per side in size. Post-mounted SIGNS shall not be allowed.
SIGNS shall be set back a minimum of fifteen (15) feet from the road
RIGHT-OF-WAY.
4.02.25 MOBILE HOME Overlay District (MHO) - Special Regulations for MHO
in Rural Agricultural (A) Districts.
The minimum area that may be petitioned for rezoning to the MHO overlay
district shall be forty (40) acres. However, acreage and SETBACK
requirements must comply with the base zoning district for each individual
LOT OF RECORD within the established overlay district.
4.02.26 Golden Gate Parkway Professional Office Commercial Overlay
District (GGPPOCO) - Special Conditions for the Properties
ABUTTING Golden Gate Parkway East of Santa B~rbara Boulevard as
Referenced in the Golden Gate Parkway Professional Office
Commercial District Map (Map 2) of the Golden Gate Area Master
Plan.
Page 58 of 247
A. The following standards shall apply to all uses in this overlay district.
Where a specific DEVELOPMENT criteria and standards also exist in
the Golden Gate Master Plan, or the Future Land Use Element of the
GMP, they shall supersede any less stringent requirement or place
additional requirements on DEVELOPMENT.
B. In support of the purpose and intent of the GGPPOCO a common
architectural style is required for all proposed DEVELOPMENT within
the overlay district. During the site DEVELOPMENT PLAN review
process, architectural drawings shall be submitted indicating that all
proposed BUILDINGS will have an architectural style which is similar
to that approved for the existing PUDs within the district boundaries.
Such architectural drawings shall depict, at a minimum, the following:
the use of stucco, except for trim; pastel colors; pedestrian pockets,
including benches and lampposts; tile roofs, except that where tile
roofs are not provided, decorative parapet walls shall be constructed
above the roof line.
C. Projects shall be encouraged in the form of a PUD (there shall be no
minimum acreage requirement for PUD rezones except for the
requirement that all requests for rezoning must be at least 40,000
square feet in area unless the proposed rezone is an extension of an
existing zoning district consistent with the Golden Gate Area Master
Plan).
D. Minimum project area shall be two (2) acres.
E. BUILDINGS shall be set back from Golden Gate Parkway a minimum
of forty (40) feet and from rear LOT LINE a minimum of twnety-five
(25) feet.
F. BUILDINGS shall have a maximum height of twenty-five (25) feet plus
ten (10) feet for under BUILDING parking.
G. Transportation
1. ACCESS to projects shall be provided exclusively via Golden Gate
Parkway and shall be limited to one (1) per 450 feet commencing
at the centerline of Santa Barbara Boulevard but shall nonetheless
comply with the ACCESS Control Policy (Res. 01-247) in place at
the time of DEVELOPMENT.
2. Projects shall be required to provide off -STREET parking and may
make provisions for shared parking arrangements with adjoining
DEVELOPMENTS.
3. Projects shall provide deceleration and acceleration lanes as may
be determined by the County Manager or designee or his designee
based upon the requirements of the "work within the RIGHT-OF-
WAY ordinance" (Ordinance No. 93-64) and sound engineering
practices.
Page 59 of 247
.._- --.. .-'-'
4. Projects shall encourage pedestrian traffic by providing
SIDEWALKS. ADJACENT projects shall coordinate location of
SIDEWALKS.
H. Each project shall be limited to one (1) SIGN not to exceed twenty (20)
square feet and six (6) feet in height. No flashing or mechanical SIGNS
shall be allowed. SIGNS shall be located at a minimum fifteen (15) feet
from the RIGHT-OF-WAY. Wall, mansard, canopy or awning SIGNS
are permitted under section 5.06.00. Exceptions to these SIGN
restrictions are those SIGNS permitted under section 5.06.00 (SIGNS
exempt from permitting).
I. Landscaping.
1. Projects shall provide a ten (10)-foot BUFFER between vehicular
RIGHT-OF-WAY and required SIDEWALK and shall provide
landscaping of one (1) shade tree per thirty (30) linear feet. Such
trees shall be minimum of eight (8) feet in height and one and one-
half (1112) inches in diameter at the time of planting that shall have
a minimum canopy of fifteen (15) feet at maturity. In addition, a
hedge or BERM planting combination shall be planted along the
entire length of this ten (10)-foot BUFFER consistent with seCtion
,
4.06.00. !
2. A minimum of ten (10) percent of the gross VEHICULAR USE
AREA shall be landscaped to provide visual relief. One (1) tree, as
described in section 4.02.26 1.1., shall be provided for each
seventy-five (75) square feet of this landscaped area. This
landscaping shall be placed within the VEHICULAR USE AREA.
J. Central water and sewer facilities shall be available prior to
DEVELOPMENT.
4.02.27 Specific Design Standards for the Immokalee - State Road 29 A
Commercial Overlay Subdistrict
A. ACCESS points to SR-29 shall comply with Florida State Department
of Transportation (FOOT) permitting regulations. PARCELS that do
have a minimum of 440-feet of STREET FRONT AGE shall provide
ACCESS off existing ADJACENT roadways, when possible, and
should not ACCESS to SR-29.
B. Owners of LOTS or combinations of LOTS having less than the
required STREET FRONT AGE may petition the Board of Zoning
Appeals for a variance from the standard in this subdistrict as will not
be contrary to the public interest when owing to special conditions
peculiar to the property, a literal enforcement of these standards would
result in unnecessary and undue hardship.
C. BUILDING design standards
Page 60 of 247
.
1. BUILDINGS shall be set back from SR-29 a minimum of twenty-
five (25) feet and from the rear LOT LINE a minimum of twenty-five
(25) feet.
2. Projects with a total BUILDING square footage of less, than or
equal to 5,000 square feet shall provide a ten (ten)-foot Type A
LANDSCAPE BUFFER as described in section 4.06.00 between
vehicular RIGHTS-OF-WAY with required SIDEW ALKS and
ADJACENT residential DEVELOPMENT. ADJACENT commercial
projects shall provide coordinated landscape plans.
3. Projects with a total BUILDING square footage of less than or
equal to 5,000 square feet shall provide an area equal to a
minimum of two and one-half (2%) percent of the total interior
VEHICULAR USE AREA which shall be landscaped to provide
visual relief.
4. Projects with a total BUILDING square footage exceeding 5,000
square feet shall pr<..\'ide LANDSCAPE BUFFERING in
accordance with section L. ,06.00 of this LDC.
5. BUILDINGS shall have a maximum height of fifty (50) feet.
D. Transportation
1. Shared parking arrangements between adjoining
DEVELOPMENTS shall be encouraged.
2. Deceleration and acceleration lanes shall be provided.
3. Pedestrian traffic shall be encouraged by providing SIDEWALKS.
The location of these SIDEWALKS shall be coordinated with
ADJACENT projects.
4.02.28 Specific Design Standards for the Immokalee - Jefferson Avenue
Commercial Overlay Subdistrict
A. BUILDING design standards
1. Projects with a total BUILDING square footage of less than or
equal to 5,000 square feet shall provide a ten (10)-foot Type A
LANDSCAPE BUFFER as identified in section 4.06.00 of this LDC
on Jefferson Avenue.
2. Projects with a total BUILDING square footage exceeding 5,000
square feet shall provide LANDSCAPE BUFFERing in accordance
with section 4.06.00 of this LOC.
3. Commercial BUILDINGS shall be set back from Jefferson Avenue
a minimum of twenty-five (25) feet.
4. Commercial BUILDING shall have a maximum height of fifty (50)
feet excluding ten (10) feet for under-BUILDING parking.
B. Transportation
Page 61 of 247
-- -
1. ACCESS points for future commercial DEVELOPMENT shall be
limited to a maximum one (1) per 150 feet of STREET
FRONT AGE. Properties with less than the required STREET
FRONT AGE, shall be encouraged, and may be required as a
condition of site DEVELOPMENT PLAN approval, to utilize shared
ACCESS points with adjoining commercial DEVELOPMENT.
2. Owners of LOTS or combination of LOTS having less than the
150-foot of required FRONT AGE may petition the Board of Zoning
Appeals for a variance fr~m the standard in this subdistrict as will
not be contrary to the public interest when owing to special
conditions peculiar to the property, a literal enforcement of these
standards would result in unnecessary and undue hardship.
3. Provisions for shared parking arrangements with adjoining
DEVELOPMENTS shall be encouraged.
4.02.29 Specific Design Standards for the Immokalee - Farm Market Overlay
Subdistrict
A. Dimensional standards shall be as required for the C-5 zoning district
except that the minimum FLOOR AREA shall be 500 square feet gross
FLOOR AREA for permitted principal agricultural STRUCTURES. I
I
B. The following uses, as identified in the Standard Industrial
Classification Manual (1987), are exempt from the provisions set forth
in section 5.05.08, Architectural and Site Design Standards for
Commercial BUILDINGS and Projects.
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
C. Outdoor sales of AGRICULTURAL PRODUCTS are permitted on
improved or unimproved properties provided the APPLICANT submits
a site DEVELOPMENT PLAN which demonstrates that provisions will
be made to adequately address the following:
1. Vehicular and pedestrian traffic safety measures.
2. Parking for undeveloped properties will be calculated at a rate of
1/250 square feet of merchandise area. A maximum of ten (10)
percent of the parking required by section 4.05.00 of this LDC may
be occupied or otherwise rendered unusable by the placement of
temporary STRUCTURES, equipment, SIGNS, and merchandise.
The minimum number of disabled parking spaces pursuant to
section 4.05.00 shall be required.
3. Limited hours of operation.
4. Fencing, lighting.
Page 62 of 247
5. Fire protection measures.
6. Sanitary facilities.
7. The APPLICANT shall provide a notarized letter from the property
owner granting permission to utilize the subject property for
agricultural outdoor sales.
8. The placement of one (1) SIGN, a maximum of thirty-two (32)
square feet, or two (2) such SIGNS for properties containing more
than one (1) STREET FRONT AGE shall be permitted.
9. AGRICULTURAL PRODUCTS may be sold from a vehicle
provided that the vehicle is not located in the road RIGHT-OF-
WAY.
10. AGRICULTURAL PRODUCTS may be displayed within any
FRONT YARD provided it does not adversely affect pedestrian or
vehicular traffic or public health or safety and is not located within
the road RIGHTS-OF-WAY.
11. A minimum five (5)-foot LANDSCAPE BUFFER shall be required
ADJACENT to any road RIGHTS-OF-WAY.
I
4.02.30 Specific Design Standards for the Immokalee - Agribusiness Overlay
Subdistrict
The following uses, as identified in the Standard Industrial Classification
Manual (1987), are exempt from the provisions set forth in section
5.05.08. of the Architectural and Site Design Standards for Commercial
BUILDINGS and Projects: Agricultural Services (0723) and Wholesale
Trade (5148).
4.02.31 Specific Design Standards for the Immokalee - Central Business
Overlay Subdistrict
Parking within the Immokalee Central Business Subdistrict shall meet the
following standards:
A. LOTS, PARCELS, or uses which have FRONTAGE on West Main
STREET (SR 29) or First STREET (CR 846) shall comprise the
primary areas.
1. Uses in existence as of the effective date of this LDC are exempt
from the minimum parking requirements as set forth in section
4.05.00 except that existing uses shall not reduce the number of
spaces below that which is provided as of the effective date of this
LDC.
2. The expansion of any use shall require parking at fifty (50) percent
of the minimum requirement as set forth in section 4.05.00 for the
expansion only.
Page 63 of 247
~,- -...-
3. A change of any use shall be exempt from the minimum parking
requirements as set forth in section 4.05.00 up to an intensity level
of one (1) parking space per 100 square feet. A change of use to
an intensity of greater than one (1) space per 100 square feet shall
require parking at one (1) parking space per 150 square feet.
4. Any use in a BUILDING constructed after the effective date of this
LDC will be required to provide parking at fifty (50) percent of the
minimum requirement as set forth in section 4.05.00.
B. LOTS, PARCELS, or uses which do not have FRONT AGE on Main
STREET or First STREET shall comprise the secondary area.
1. Uses in existence as of the effective date of this LDC are exempt
from the minimum parking requirements as set forth in section
4.05.00 except that existing uses shall not reduce the number of
spaces below that which is provided as of the effective date of this
LDC.
2. The expansion of any use shall require an addition to any parking
of the minimum number of required spaces as set forth under
section 4.05.00, for the expansion only.
3. A change of any use shall be exempt from the minimum parking
requirements as set forth in section 4.05.00 up to an intensity level
of one (1) parking space per 100 square feet. A change of use to
an intensity greater than one (1) parking space per 100 square feet
shall require parking at fifty (50) percent of the minimum
requirement as set forth under section 4.05.00. No change in use
shall allow for a reduction of the current number of parking spaces
provided.
4. Any use in a BUILDING constructed after the effective date of this
LDC will be required to provide parking at sixty-seven (67) percent
of the minimum requirement as set forth in section 4.05.00.
C. In no way shall the provisions of the Immokalee central business
subdistrict (ICBSD) be construed so as to prevent establishments
within the boundaries from taking advantage of off-site parking
arrangements as set forth in section 4.05.00. Furthermore, the
maximum distances set forth in section 4.05.00 shall be increased to
60D feet within the boundaries of the ICBSD, Properties within the
ICBSD entering into off-site parking agreements with properties
outside the ICBSD may utilize the 60D-foot rule.
4.02.32 Specific Design Standards for the Immokalee - Main STREET
Overlay Subdistrict
A. Dimensional Standards
Page 64 of 247
1. FRONT YARD. Ten (10) feet except in the event of an awning,
arcade or colonnade which may extend up to seven (7) feet into
the required YARD.
2. Side YARD. Zero (0) in the event a wall is contiguous to. another
wall on an ADJACENT property, otherwise ten (10) feet.
3. Rear YARD. Five (5) feet.
4. Rear YARD ABUTTING residential. Twenty (20) feet.
5. STRUCTURES shall be no more than thirty-five (35) feet in height,
except that HOTEL/MOTEL uses shall be no more than fifty (50)
feet in height.
B. Minimum off-STREET parking and off-STREET loading. As permitted
by section 4.02.31. standards for parking within the Immokalee Central
Business district, and as set forth below:
1. Outdoor cafe areas, shall be exempt from parking calculations.
2. All properties within the r,1ain STREET Overlay subdistrict, having
FRONT AGE on Main S.';'"REET, First STREET or Ninth STREET
are required, by this subdistrict to locate all parking areas in the
rear YARD and/or in side YARDS. I
I
C. SIGNS.
1. Projecting SIGNS are permitted in addition to permitted SIGNS
provided such SIGNS do not exceed six (6) square feet in size and
are elevated to a minimum of eight (8) feet above any pedestrian
way.
2. Sandwich boards are permitted, one (1) per eating establishment,
not to exceed six (6) square feet in size and shall only be displayed
during business hours.
D. DEVELOPMENT shall be subject to the provisions of section 5.05.08,
Architectural and site design standards for commercial BUILDINGS
and projects, except as set forth below:
1. Properties having FRONT AGE on Main STREET or First STREET
or Ninth STREET are required to locate their primary business
entrance on that STREET. PARCELS fronting both Main STREET
and First STREET or both Main STREET and Ninth STREET are
required to locate their primary business entrance on Main
STREET.
2. Reflective or darkly tinted glE5S is prohibited on ground floor
windows.
3. Properties with less than fifty (50) feet of road FRONT AGE shall
only require a minimum of one (1) roof change.
Page 65 of 247
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4. Commercial projects 5,000 square feet in size or less shall only
require a minimum of two (2) design features, as described within
section 5.05.080f this LDC.
5. To encourage reDEVELOPMENT within the Main STREET
Overlay subdistrict, for proposed reDEVELOPMENT of existing
projects that do not increase IMPERVIOUS SURFACE area and
whose total BUilDING area is less than or equal to 5,000 square
feet in size, the APPLICANT shall be exempt from section 4.06.00
of the landscaping and BUFFERING provisions, requiring the seal
of a landscape architect and shall also be exempt from section
5.05.08., Architectural and Site Design Standards and Guidelines
for Commercial BUilDINGS and Projects, requiring the seal of an
architect.
6. The minimum commercial design criteria, as set forth above, shall
be applicable to projects with a total BUilDING square footage of
less than or equal to 5,000 square feet.
E. To encourage reDEVELOPMENT, the following landscape criteria
shall apply to all commercially zoned properties and those residential
properties with permitted commercial uses, except where otherwise
prohibited by this subdistrict. The following LANDSCAPE BUFFERING
criteria shall be applicable to projects with a total BUilDING square
footage of less than or equal to 5,000 square feet:
1. Properties ADJACENT to residentially zoned LOTS/PARCELS
shall provide a minimum ten (10) foot wide LANDSCAPE
BUFFER, six (6) foot high hedge or wall (four (4) feet at planting;
six (6) feet within one (1) year) with trees spaced no more than
twenty (25) feet on center;
2. Properties ADJACENT to commercially zoned lOTS/PARCELS
shall provide a minimum five (5)-foot wide LANDSCAPE BUFFER
with a single row hedge and trees spaced no more than thirty (30)
feet on center. The hedge shall at a minimum consist of three (3)
gallon plants, two (2) feet in height spaced a minimum of three (3)
feet on center at planting.
3. A minimum five (5)foot BUFFER, with at least two (2) trees per
lOT/PARCEL or one (1) tree per forty (40) linear feet whichever is
greater, shall be required ADJACENT to all RIGHTS-OF-WAY;
4. lOTS/P ARCELS that are unable to meet the above minimum
landscape criteria, shall be required to provide landscape planters
and/or flower boxes for each such property, as recommended by
the County Manager or designee.
F. Special requirements for outdoor display and sale of merchandise.
Page 66 of 247
1. Outdoor display and sale of merchandise, within the front and side
YARDS on improved properties, are permitted subject to the
following provisions:
a. The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises and as indicated
on the proprietors. occupational license.
b. The outdoor display/~ale of merchandise is permitted on
improved commercially zoned properties and is subject to the
submission of a site DEVELOPMENT PLAN that demonstrates
that provisions will be made to adequately address the
following:
i. Vehicular and pedestrian traffic safety measures.
ii. Location of sale/display of merchandise in relation to parking
areas.
iii. Fire protection measures.
iv. Limited hours of operation from dawn until dusk.
2. Outdoor display and sale of merchandise within the SIDEWALK
area only shall be permitted in conjunction with "Main STREET"
approved vendor carts, provided the APPLICANT submits a site
DEVELOPMENT PLAN which demonstrates that provisions will be
made to adequately address the following:
a. Location of sale/display of merchandise in relation to road
RIGHTS-OF-W A Y;
b. Vendor carts are located on SIDEWALKS that afford the
APPLICANT a five (5) foot clearance for non-obstructed
pedestrian traffic; and
c. Limited hours of operation from dawn until dusk.
4.02.33 Specific Design Standards for the MOBILE HOME PARK Overlay
Subdistrict
A. Dimensional standards
Table 15. Dimensional standards for the MOBILE HOME PARK
Overlay
Desian Standard
Minimum lot requirements
Single-wide units 2,400 square feet
Double-wide units 3,500 square feet
Minimum lot width
Single-wide units 35 feet
Double wide units 45 feed
Minimum setback requirements
Interior roads
Front yard 10 feet
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Side yard 5 feet
Rear yard 8 feet
Public road frontaQes 20 feet
Minimum space between structures for cluster
DEVELOPMENT or zero lot line 10 feet
DEVELOPMENT .
Minimum floor area for reolacement units 320 SQuare feet
B. Where a public water line is available, a hydrant will be required to
serve the park. Should water line pressure be inadequate,
arrangements shall be made to seek approval of the .Immokalee Fire
Department to confirm that supplemental fire apparatus is adequate for
fire protection.
C. A dumpster or enclosure for individual containers is required in
accordance with section 5.03.04. of this LDC. No dumpster shall be
located closer than fifteen (15) feet from any public STREET.
D. Private roads leading to and serving the MOBILE HOME PARK or
MOBILE HOME LOTS must be improved and maintained, and shall
consist of a dust free surface with a minimum width of twenty (20) feet.
The dust free surface may consist of aggregate material treated with
oil-based material that will bind the aggregate material into a form of
macadam road finish. A drainage ditch capable of storing the first one
inch of rainfall shall be incorporated into the RIGHT -OF-W A Y design-
cross section, exclusive of the required twenty (20) feet. Drainage shall
be directed to a public road via the private road and/or EASEMENT
conveyance, unless it can be proved that the on-site percolation rates
exceed the on-site retention requirement.
4.02.34 Specific Standards for Shopping Centers
A. A SHOPPING CENTER must consist of eight (8) or more retail business or
service establishments containing a minimum total of 20,000 square feet of FLOOR
AREA. A MARINA, HOTEL, or MOTEL with accessory retail shops is not
considered a SHOPPING CENTER.
B. For specific standards regarding parking/additional parking, see section 4.05.04.
4.03.00 SUBDIVISION DESIGN AND LAYOUT
4.03.01 Generally
The purpose of this section is to establish procedures and standards for
the DEVELOPMENT and SUBDIVISION of real estate within the
unincorporated areas of Collier County, Florida. Furthermore, the purpose
of this section is to carry out the goals, policies and objectives of the
Collier County GMP. These procedures and standards are provided in an
effort to, among other things:
A. Ensure proper legal description, identification, documentation and
recording of real estate boundaries;
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B. Aid in the coordination of land DEVELOPMENT in Collier County in
accordance with orderly physical patterns to encourage state of the art
and innovative design;
C. Discourage haphazard, premature, uneconomic or scattered land
DEVELOPMENT,
D. Ensure an economically stable and healthy community;
E. Ensure adequate public facilities and utilities;
F. Maintain the community's quality of life by properly preserving and
conserving natural resource features;
G. Prevent periodic and seasonal FLOODING by providing protective
FLOOD control and DRAINAGE FACILITIES;
H. Provide OPEN SPACES for recreation; ensure land DEVELOPMENT
with installation of adequate and necessary public facilities and
physical improvements;
I. Ensure that the citizens and taxpayers of Collier County will not have
to bear the costs resulting from haphazard SUBDIVISION of land;
J. Provide the county with the authority to require installation by the
developer of adequate and necessary physical improvements so that
the taxpayers and citizens of Collier County will not have to bear the
costs for the same;
K. Ensure to the purchasers of subdivided land that necessary
improvements of lasting quality have been installed; comply with
Chapter 177, F.S. as amended.
4.03.02 Applicability
It shall be unlawful for any person to transfer, sell, or otherwise convey, to
sell any land by reference to, exhibition of, or other use of, a plat of a
SUBDIVISION of such land without having submitted a final
SUBDIVISION plat of such land for approval to the BCC as required by
this section and without having recorded the approved final SUBDIVISION
plat as required in this section.
4.03.03 Exemptions
Before any property or DEVELOPMENT proposed to be exempted from
the terms of this section may be considered for exemption, a written
request for exemption shall be submitted to the County Manager or
designee. Procedures for application, review, and decision regarding
exemptions from these SUBDIVISION requirements are set forth in
Chapter 10. To the extent approved, the following may be exempted from
these SUBDIVISION requirements.
A. Agriculturally related DEVELOPMENT as identified in the permitted
and ACCESSORY uses allowed in the rural agricultural district A and
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located within any area designated as agricultural on the future land
use map of the Collier County GMP and the Collier County official
zoning atlas, except SINGLE-FAMILY DWELLINGS and farm labor
housing subject to section 5.05.03 shall be exempt from the
requirements and procedures for preliminary SUBDIVISION plats and
improvements plans; provided, however, nothing contained herein
shall exempt such active AGRICULTURAL USES from the
requirements and procedures for final SUBDIVISION plats, and where
required SUBDIVISION imprqvements are contemplated, the posting
of SUBDIVISION performance security.
B. A minor SUBDIVISION, as defined in Chapter 1, for single-family
detached and DUPLEX residential DEVELOPMENT shall be exempt
from the requirements and procedures for preliminary SUBDIVISION
plats; provided, however, nothing contained herein shall exempt such
minor SUBDIVISION from the requirements and procedures for
improvement plans and final SUBDIVISION plats, and where required
SUBDIVISION improvements are contemplated, the posting of
SUBDIVISION performance security. No BUILDING permits shall be
issued prior to recordation of the final SUBDIVISION plat.
C. A minor SUBDIVISION, as defined in Chapter 1 for multi-family
residential DEVELOPMENT and all nonresidential DEVELOPMENT
shall be exempt from the requirements and procedures for preliminary
SUBDIVISION plats and improvement plans; provided, however,
nothing contained herein shall exempt such minor SUBDIVISION from
the requirements and procedures for design requirements for ACCESS
under section 4.04.00, water management plans under Chapter 6, final
SUBDIVISION plats under the procedures set forth in Chapter 10, and
site DEVELOPMENT PLANS under procedures set forth in Chapter
10, and where required SUBDIVISION improvements are
contemplated, the posting of SUBDIVISION performance security. No
BUILDING permits shall be issued prior to recordation of the final
SUBDIVISION plat.
D. An integrated phased DEVELOPMENT, as defined in Chapter 1 and
which has been previously approved in accordance with procedures
set forth in Chapter 10, shall be exempt from the requirements,
standards and procedures for preliminary SUBDIVISION plats
(Chapter 10) and improvement plans (Chapter 10); provided, however,
nothing contained herein shall exempt such integrated phased
DEVELOPMENT from the requirements and procedures for design
requirements for ACCESS under section 4.04.00, water management
plans under Chapter 6, final SUBDIVISION plats and SUBDIVISION
performance secu rity under Chapter 10; and major site
DEVELOPMENT PLANS under Chapter 10. No BUILDING permits
shall be issued prior to recordation of the final SUBDIVISION plat.
These provisions shall not require that the interior ACCESS within an
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integrated phased DEVELOPMENT be different from the conditions in
Chapter 10 applicable to site DEVELOPMENT PLANS.
E. The division of land into cemetery LOTS or PARCELS shall be exempt
from the requirements and procedures for preliminary SUBDIVISION
plats and improvement plans; provided, however, nothing contained
herein shall exempt such division of land into cemetery LOTS or
PARCELS from the requirements and procedures for final
SUBDIVISION plats and, where required SUBDIVISION improvements
are contemplated, the posting of SUBDIVISION performance security;
and provided, further, that such division of land into cemetery LOTS or
PARCELS shall be subject to and comply with the requirements and
procedures for site DEVELOPMENT PLANS under Chapter 10, and
shall obtain site DEVELOPMENT PLAN approval for the entire
property proposed for such division of land into cemetery LOTS or
PARCELS.
F. The division of land which could be created by any court in this state
pursuant to the law of eminent domain, or by operation of law, or by
order of any court, shall be exempt from this section; if and only if the
County Manager or designee and the County Attorney are given timely
written notice of any such pending action and given the opportunity to
signify that the county be joined as a party in interest in such
proceeding for the purpose of raising the issue of whether or not such
action would circumvent or otherwise avoid the purposes or provisions
of this section, i.e., the SUBDIVISION regulations, prior to the entry of
any court order; and, if and only if an appropriate pleading is not filed
on behalf of the County within twenty (20) days after receipt of such
notice. However, if a pleading is filed on behalf of the county within
twenty (20) days after receipt of such notice, such division of land
created by the court shall not be exempt from this section.
G. The division of land which creates an interest or interests in oil, gas, or
minerals which are now or hereafter severed from the surface
ownership of real property shall be exempt from this section.
H. All division of land occurring prior to the effective date of this LDC and
conforming to the purposes of this section, shall be exempt from this
section; provided, however, that any property so divided which is
resubdivided or further divided on or after January 10, 1989, shall not
be exempt from this section. For agricultu ral/residential
SUBDIVISIONS within the rural area of Collier County as defined
herein, refer to section 4.03.04; Also see "LOT OF RECORD" in
Chapter 1 .
I. The division of property, occurring prior to July .15, 1998, meeting the
definition of rural SUBDIVISION shall not require the subdivider to
record a final plat nor comply with the SUBDIVISION regulations
provided in section 4.03.00. Nor shall the division of property occurring
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after July 15, 1998, in the rural area require the property owner to
record a final plat nor comply with the SUBDIVISION regulations
provided in section 4.03.00, if the property so divided has been the
subject of a rezoning hearing by the BCC within the twenty-four (24)
month period preceding July 15, 1998. The SUBDIVISION of
properties occurring after July 15, 1998 shall not be exempt from
platting and filing a preliminary SUBDIVISION plat (PSP). However,
the applicability of all required SUBDIVISION improvements and
standards as set forth in section 4.03.00, required improvements, of
this LDC shall be determined by the County Manager or designee on a
case by case basis. The APPLICANT, through the preliminary
SUBDIVISION plat (PSP) process may request waivers from certain
"required improvements". The subdivider and purchaser of property
meeting definition (a) of rural SUBDIVISION shall comply with section
4.03.03 of this LDC. The division of property not meeting the definition
of rural SUBDIVISION is required to comply with all requirements of
section 4.03.00.
J. The division of property of Chokoloskee Island shall not require the
subdivider to record a final plat nor comply with the SUBDIVISION
regulations provided in section 4.03.00. The subdivider and purchaser
of the property shall comply with the regulations provided in section
4.03.03. The division of property not on Chokoloskee Island is required
to comply with all requirements to section 4.03.00. All PARCELS of
land existing on Chokoloskee Island as of October 30, 1991, and
identified in the property appraiser's official records, which do not
conform to the minimum LOT area and LOT width requirements of the
overlying zoning district shall be considered conforming LOTS. Any
SUBDIVISION of land on Chokoloskee Island occurring after October
30, 1991, shall comply with the minimum LOT area and width
requirements for the overlying zoning district in effect at the time the
land is subdivided. In any case, except as described above, the
minimum applicable DEVELOPMENT standards set forth in the LDC
shall apply, unless a variance therefrom is obtained.
4.03.04 LOT LINE Adjustments
An adjustment of a LOT LINE between contiguous LOTS or PARCELS
which may be platted or unplatted and which are under separate
ownership or the same ownership shall be exempt from this section if all of
the following conditions are met. Procedures for demonstration of
compliance with the following conditions are set forth in Chapter 10.
A. It is demonstrated that the request is to correct an engineering or
surveying error in a recorded plat or is to permit an insubstantial
boundary change between ADJACENT PARCELS; and
B. Both landowners whose LOT LINES are being adjusted provide written
consent to the LOT LINE adjustment; and
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C. Instrument(s) evidencing the LOT LINE adjustment shall be filed in the
official records of Collier County, Florida, upon approval, and shall
indicate that the result of the LOT LINE adjustment will meet the
standards of, and conforms to, the requirements of this LDC, including
the dimensional requirements of the zoning district and the
SUBDIVISION in which the LOTS are located. However, in cases of an
existing NONCONFORMING LOT Of RECORD, the adjustment shall
not increase the nonconformiw of the LOT; and
D. It is demonstrated that the LOT LINE adjustment will not affect the
DEVELOPMENT rights or permitted DENSITY or intensity of use of the
affected LOTS by providing the opportunity to create a new LOT(S) for
resale or DEVELOPMENT.
4.03.05 SUBDIVISION Design Requirements
A. BLOCKS. The length, width and shape of BLOCKS shall be
determined with due regard to:
1. Zoning requirements as to LOT size and dimensions.
2. Need for convenient ACCESS, circulation, control and safe,ty of
vehicular and pedestrian traffic. I
i
3. Limitations and opportunities of topography, including all natural
and preserved features identified.
4. Where special topographical conditions exist, BLOCK lengths
greater than 660 feet shall be approved by the County Manager or
designee pursuant to procedures set forth in Chapter 10. Traffic
calming devices, as approved in the Neighborhood Traffic
Management Program, shall be provided in BLOCK lengths
greater than 660 feet.
4.03.06 Golden Gate Estates LOT Divisions.
When a five (5) acre PARCEL in Golden Gate Estates is subdivided into
two (2) LOTS, where one of the LOTS is not on the existing RIGHT-OF-
WAY, the owner may create an ACCESS EASEMENT to and through the
PARCEL which is not on the RIGHT-Of-WAY. The EASEMENT must be
at least twenty (20) feet in width, and extend at least 150 feet into the
otherwise landlocked LOT. The EASEMENT shall provide for ACCESS to
the LOT, and satisfy the FRONTAGE requirement.
4.03.07 Monuments.
The design and location of permanent reference monuments, IIP.R.M.s,1I
and permanent control points, IIP.C.P.S,II shall be as prescribed by
Chapter 177, F.S. as amended. Where monuments would occur within
STREET pavement areas, they shall be installed utilizing appropriate
offset monuments as prescribed by Chapter 177, F.S. as amended. All
information pertaining to the location of P .R.M.s shall be indicated in note
form on the plat, such as underground installations and the like.
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4.03.08 Facility and Service Improvement Requirements
The following improvements in this section are required in conjunction with
the SUBDIVISION and DEVELOPMENT of any and all property pursuant
to procedures set forth in Chapter 10 within the unincorporated areas of
Collier County. Any required improvements shall be designed and
constructed in accordance with the design requirements and specifications
of the entity having responsibility for approval, including all federal, state,
and local agencies.
A. STREET System.
The design and construction of all SUBDIVISION STREETS, ACCESS
improvements and related facilities shall be in conformance with the
design requirements, regulations and standards established in Chapter 6
of this LDC and the Collier County Construction Standards Manual and
shall include but not be limited to the pavement STRUCTURE, drainage,
SIDEW ALKS and traffic controVsafety devices.
1. ACCESS to LOTS within a SUBDIVISION shall be designed to
accomplish ACCESS to the LOTS by use of local STREETS.
ACCESS to residential LOTS shall be in accordance with
Ordinance No. 82-91 [superseded by ordinance found in LDC ch.
110, art. II], construction standards handbook for work within the
public RIGHT-OF-WAY Ordinance No. 93-63, as may be
amended.
2. Intermittent ACCESS points to the marginal ACCESS road shall
be a minimum of 660 feet apart. ACCESS points to the marginal
ACCESS roads shall be provided with appropriate turn lanes,
signalization or other necessary traffic control measures. When
double-FRONT AGE LOTS are created ADJACENT to a
COLLECTOR or ARTERIAL STREET and a local STREET, they
shall front on the local STREET, which shall provide ACCESS to
said LOT. ACCESS to the LOT shall not be provided by means of
the major COLLECTOR or ARTERIAL STREET. In such cases,
the LOT shall be BUFFERed as required herein. ACCESS
management regulations as required by the Growth Management
Act, when implemented, shall supersede this section where
applicable. Where ACCESS locations are not consistent with the
county's ACCESS management policy, a separate ACCESS
capacity analysis shall be required t6 identify capacity impacts and
appropriate mitigation.
3. In the case of commercial or industrial SUBDIVISIONS which
contain or include PARCELS which are separated by common
parking area or other common area, sometimes referred to as
"OUTPARCELS", "anchor store PARCELS", or "fee simple
footprint PARCELS", or an integrated phased DEVELOPMENT as
defined in Chapter 1, ACCESS shall be created through an intemal
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ACCESS provision documented on the final SUBDIVISION plat.
Internal ACCESS provisions shown on the final SUBDIVISION plat
shall include by way of example, but not limited to, cross-
covenants, cross-EASEMENTS, dedicated ACCESS tracts, or the
like, and shall clearly and specifically identify the dominant and
servient estates involved, and the scope and duration of such
internal ACCESS provision.
4. The STREET system of aSUBDIVISION approved pursuant to this
section shall be connected to a public road, which is State or
County maintained, with adequate capacity as defined by the GMP
to accept the traffic volumes generated by the proposed
DEVELOPMENT. Unless topography, or a compliance with the
county's ACCESS Control Policy (Resolution No. 01-247) as may
be amended, or LDC section 4.04.00. prohibits it, the number of
ACCESS points to public roads shall ensure that there are no
more than 4,000 AVERAGE DAILY TRIPS (ADT) per ACCESS
point (existing or future). The maximum number of ACCESS points
required by this section shall be six (6). Proposed
DEVELOPMENTS ACCESSING public roads shall be subject to
the requirements of the Adequate Public Facilities provision$ set
forth in Chapter 6. The connection of any property to a public or
private road shall be carried out in conformance with Collier
County Ordinance No. 82-91, as amended.
B. Water management system.
An adequate water management system, including necessary open
swales, ditches, storm sewers, drain inlets, manholes, headwalls,
endwalls, culverts, bridges, retention basins, water level control
STRUCTURES and other appurtenances shall be required in all
SUBDIVISIONS or DEVELOPMENTS for the management of surface
water and groundwater. The water management system shall provide for
stormwaters affecting the SUBDIVISION or DEVELOPMENT and shall be
in compliance with applicable federal, state and local design regulations
and specifications.
1. The water management system shall comply with the design
requirements of Chapter 6 of this LDC and the Constructions
Standards Manual.
2. Any navigable canal or waterway designed as part of a
DEVELOPMENT or SUBDIVISION, intended to serve two (2) or
more properties, shall be designed in compliance with the
requirements of the County's water management master plan and
requirements in the County Code regarding excavation, or other
governmental entities with jurisdiction, where applicable. The
slopes of the canal banks shall be stabilized with suitable rip rap,
NATIVE VEGETATION or other proven erosion control measures.
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C. Potable water system.
A complete water distribution and transmission system to include provision
for separate potable and reuse water lines, and interim water treatment or
interim water treatment and supply facilities, if required, shall be provided
or employed by the APPLICANT, at no cost to Collier County for all
SUBDIVISIONS and DEVELOPMENTS. Reuse water lines, pumps, and
other appurtenances will not be maintained by Collier County. County
potable water will not be permitted for irrigation unless other sources of
supplemental water are not permitted or available, therefore the developer
will need to provide irrigation water from a source until such time that
reuse water may be available. All facilities shall be constructed in
accordance with federal, state and local regulations. When required, the
water distribution and transmission facilities shall be conveyed to Collier
County, or the Collier County Water-Sewer District or other dependent
district where appropriate, upon completion of construction pursuant to
County Ordinance No. 88-76.
1. The design and construction of the water facilities shall comply
with the requirements of Chapter 6 of this LDC and the C?lIier
County Construction Standards Manual.
2. If County central water facilities are not available for connection,
the water distribution and transmission facilities conveyed to the
county shall be leased to the APPLICANT of the interim water
treatment facilities, with operation and maintenance
responsibilities, until the County's central water facilities are
available for connection. All water facilities shall be maintained and
operated at no cost to the County, in a manner equal to the
operation and maintenance standards for water distribution and
transmission facilities and water treatment and supply facilities
maintained by Collier County or the Collier County Water-Sewer
District, until connection to the county's central facilities is made.
Any interim water treatment facilities owned, operated and
maintained by the APPLICANT, or their assigns or successors,
shall be abandoned in accordance with an agreement entered into
between the county or the Collier County Water-Sewer District and
the APPLICANT prior to the approval of improvement plans
pursuant to this section and the requirements of Collier County
Ordinance [No.] 88-76, as amended.
3. When county central water facilities become available for
connection, connection shall be completed within ninety (90) days
from approval of improvement plans for those facilities by the
County utilities division. The terms and conditions controlling the
connection shall be contained in an agreement between Collier
County or the Collier County Water-Sewer District, where
appropriate, and the APPLICANT which will be entered into prior
to the approval of the project's improvement plans. Upon
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connection to the County's central water facilities, the interim water
supply source shall be abandoned in the manner consistent with
applicable federal, state and local standards.
D. Sewage collection, treatment, and disposal facilities
1. The design and construction of the sewage collection, treatment,
and disposal facilities shall comply with the requirements of
Chapter 6 of this LDC an~ the Construction Standards Manual.
2. A complete sewage collection and transmission system and interim
sewage treatment and disposal facilities, if required, shall be
provided by the APPLICANT, for all SUBDIVISIONS and other
types of DEVELOPMENT. All facilities shall be designed in
accordance with federal, state and local requirements. When
required, the sewage collection and transmission facilities shall be
conveyed to Collier County, or the Collier County Water-Sewer
District or other dependent district where appropriate, upon
completion of construction pursuant to County Ordinance -No. 88-
76.
3. If County central sewer "acilities are not available to connect with,
the sewage collection and transmission facilities conveyed to the
County shall be leased to the APPLICANT of the interim sewage
treatment facilities, with operation and maintenance
responsibilities, until the County's central sewer facilities are
available for connections. All sewer facilities shall be maintained
and operated at no cost to the county, in a manner equal to the
operation and maintenance standards for sewage collection and
transmission facilities and sewage treatment facilities maintained
by Collier County or the Collier County Water-Sewer District, until
connection to the County's central facilities is made. Any interim
sewage treatment facilities owned, operated and maintained by the
APPLICANT, or their successors and assigns, shall be abandoned
in accordance with an agreement entered into between the County
or the Collier County Water-Sewer District and the APPLICANT
prior to the approval of improvement plans pursuant to this section
and to the requirements of Collier County Ordinance No. 88-76 as
amended.
4. In the event individual sewage facilities designed in accordance
with Florida Administrative Code, Le., septic systems, are allowed
under required state and local regulations on an interim basis, the
developer shall construct a "dry" sewage collection and
transmission system for future connection to the County's central
sewer facilities, when available to serve the SUBDIVISION or
DEVELOPMENT. Any such "dry" sewer faciiities shall be designed
and constructed in accordance with the requirements of the County
Ordinance No. 88-76, as amended. Operation and maintenance
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responsibilities for the "dry" facilities shall be specified pursuant to
a lease agreement with Collier County or where applicable the
Collier County Water-Sewer District. When County central sewer
facilities are available to connect the "dry" system, connection shall
be completed within ninety (90) days from approval of
improvement plans for those facilities by the County. utilities
division. The terms and conditions controlling the connection shall
be contained in an agreement between Collier County, or the
Collier County Water-Sewer District where appropriate, and the
APPLICANT which must be entered into prior to the approval of
the improvement plans. Upon connection to the county's central
sewer facilities, all INDIVIDUAL SEW AGE SYSTEMS shall be
abandoned in the manner required by federal, State and local
regulations.
5. On-site sewage disposal systems may be utilized if permitted by
the GMP and where the conditions of the Florida Administrative
Code can be satisfied. In the event the LOTS are sized such that
Florida Administrative Code does not require central sewer or
water, or if the LOTS are sized such that only central water and no
sewer is required, construction of a "dry system" will not be
required unless Collier County can confirm future service within
five (5) years.
4.04.00 TRANSPORTATION SYSTEM STANDARDS
4.04.01 Generally
A. All DEVELOPMENT shall comply with the STREET system design
standards in section 6.06.00.
B. Every BUILDING hereafter erected or moved shall be on a LOT
ADJACENT to a public STREET or with actual and legal ACCESS to
an approved private STREET, and all STRUCTURES shall be so
located on LOTS as to provide safe and convenient ACCESS for
servicing, fire protection, and required off-STREET parking.
C. No LOT or PARCEL which is residentially zoned or designated shall
be used for DRIVEWAY, walkway or ACCESS purposes to any land
which is nonresidentially zoned or designated, or used for any purpose
not permitted in a residential district except for ingress and egress to a
use existing at the effective date of Collier County Ordinance No. 82-2
[January 14, 1982] which does not ABUT on a STREET, except as
may be further provided in this LDC.
D. On a corner LOT in all zoning districts, no fence, wall, hedge, planting,
or STRUCTURE shall be erected, planted, or allo'wed to grow in such a
manner as to obstruct vision between a height of 30 inches and eight
feet above the centerline GRADES of the intersecting STREETS in the
area bounded by the RIGHT -OF-W A Y lines of such comer LOTS and
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a line joining points along said RIGHT-OF-WAY lines 25 feet from the
point of intersection. Parking is prohibited in this area. Trees are
permitted, so long as the foliage is cut away and maintained within the
30-inch and eight-foot clearance requirement. Posts for illuminating
fixtures, traffic control, fences and street name SIGNS are permitted,
so long as the SIGN or equipment is not within the prescribed clear
space and the fence does not visually impede the clear sight of the
intersection. (See section 4.0Q.01 D.1.)
4.04.02 ACCESS Management
A. Purpose and intent.
1. This section pertains to transportation ACCESS within mixed-use
activity centers as designated on the Future Land Use Map of the
GMP. The location and type of ACCESS (existing and future)
points shall be based upon the Collier County ACCESS Control
Policy (Res. No. 01-247) as may be amended, existing and future
land use conditions, with the objective to minimize the number of
ACCESS points to the roadway network. This section restricts the
location and type of ingress and egress points and median
openings; restricts the location of traffic signals; identifies areas
appropriate for shared ACCESS and interconnection; and
otherwise regulates transportation ACCESS, all within mixed-use
activity centers. ACCESS to all properties is controlled by the
ACCESS Control Policy (Res. No. 01-247, and as may be
amended), the Collier County Construction Standards, for work
within RIGHTS-OF-WAY (Ordinance No. 93-64 and as may be
amended), and any other applicable regulations.
2. Nothing in this section of the LDC (shall preclude Collier County
from enforcing conditions of a RIGHT-OF-WAY permit issued
pursuant to Ordinance No. 93-64, the Collier County Construction
Standards for Work Within RIGHTS-OF-WAY, as it may be
amended or superceded, e,g, removal of an ACCESS point, etc.
3. ACCESS points, median openings, etc., on state controlled roads
are subject to approval by the FDOT.
B. Regulations.
1. F utu re DEVELOPMENT ORDERS within mixed-use activity
centers can only be approved if the ACCESS location(s) and
type(s) comply with the Collier County ACCESS Control Policy and
the Collier County Construction Standards for work within the
RIGHT-OF-WAY and any other regulations as may be amended.
2. For the purposes of this section, mixed-use refers to a project with
a residential component and one or more of the following
components: commercial, industrial, and institutional. Future
mixed-use projects are required to provide an internal
interconnection among major project phases, sections, or types of
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uses, unless one or more of the four circumstances listed below is
applicable.
a. It is not physically possible to provide the interconnection.
b. The location of environmentally sensitive lands precludes the
interconnection.
c. During DEVELOPMENT or reDEVELOPMENT of commercial
LOTS, shared ACCESS or interconnection shall be encouraged
and may be required as a condition of site DEVELOPMENT
PLAN approval.
d. The interconnection provides minimal or no benefit, e.g. the
non-residential component contains a single low traffic
generating use such as a small general office BUilDING.
3. During DEVELOPMENT or reDEVELOPMENT of commercial
lOTS, shared ACCESS and/or interconnection shall be
encouraged.
4. The County Manager or designee may approve, or impose, a
variation in the ingress/egress points and/or median openings
shown on the ACCESS management plan maps, without
necessitating a map amendment (other than information update
amendment, , generated by staff), under any of the following
circumstances:
a. Approved ingress/egress unbuilt: For existing PUDs (approved
prior to the adoption of this amendment) which contain language
providing flexibility in the location or type of ACCESS point(s)
and/or median opening(s), the County Manager or designee
may approve or require the utilization of this flexibility if such
change to the ACCESS point(s) and/or median opening(s) will
cause one or more of the following conditions to occur and will
not have a detrimental effect on the safety, capacity and
operating conditions of the ABUTTING roadway(s):
I. Interconnection of projects
ii. Shared ACCESS
iii. Alignment of ACCESS points on opposite sides of the
roadway where there is no restricted median
iv. Reduce the number of authorized ACCESS points on the
ABUTTING roadway(s)
v. Promote safer traffic conditions on the ABUTTING
roadway(s}
vi. Facilitate improved traffic flow on the ABUTTING roadway(s)
vii. Preservation/conversation of a variable environmentally
sensitive area.
Page 80 of 247
b. A minor change (ten (1 0%) percent of the PARCEL
FRONT AGE) to the location of a new ingress/egress point(s),
and any accompanying median opening(s), may be approved
during review of a DEVELOPMENT ORDER (the same
DEVELOPMENT ORDERS identified in Chapter 10. if such
minor change one or more of the above conditions to occur and
will not have a detrimental effect on the safety, capacity and
operating conditions of the ABUTTING roadway(~).
c. Where multiple PARCELS under single ownership are identified
to each have their own ACCESS point, and one (1) or more
PARCELS are undeveloped, during review of a
DEVELOPMENT ORDER (the same DEVELOPMENT
ORDERS are identified in Chapter 10.), the number, type and
location of ACCESS points, and any accompanying median
openings, authorized by the County Manager or designee may
be more restrictive than that identified on the ACCESS
management plan maps if such change(s) will cause one or
more of the above conditions to occur and will not have a
detrimental effect on the safety, capacity and operating
conditions of the ABUTTING roadway(s).
d. For existing ACCESS points being monitored (monitoring
consists of review and analysis of accident reports, traffic
volumes and operating conditions within close proximity to the
site), the County Manager or designee may, whether during
review of a DEVELOPMENT ORDER (the same
DEVELOPMENT ORDERS identified in Chapter 100r
independent of DEVELOPMENT ORDER review, approve or
required the modification or removal of the ACCESS point(s), if
such modification or removal is deemed appropriate and
necessary based upon monitoring; and if such modification or
removal will cause one or more of the above conditions to occur
and will not have a detrimental effect on the safety, capacity and
operating conditions of the ABUTTING roadway(s).
e. During review of a DEVELOPMENT ORDER (the same
DEVELOPMENT ORDERS identified in Chapter 10) the County
Manager or designee may approve or require elimination of the
separate entrance and exit points and their replacement with a
single ingress/egress point if such change will cause one or
more of the above conditions to occur and will not have a
detrimental effect on the safety, capacity and operating
conditions of the ABUTTING roadway(s).
4.05.00 OFF-STREET PARKING AND LOADING
4.05.01 Generally
A. Purpose and intent.
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It is the intent of this section that the public health, safety, comfort, order,
appearance, convenience, morals, interest, and general welfare require
that every BUILDING and use erected or instituted after the effective date
of this LDC shall be provided with adequate off-STREET parking facilities
for the use of occupants, employees, visitors, customers or patrons. It is
also the intent of this LDC that certain uses must provide adequate off-
STREET loading facilities. Such off-STREET parking and off-STREET
loading facilities shall be maintained and continued so long as the use
continues.
B. General applicability.
1. Wherever in any zoning district off-STREET facilities are provided
for the parking or display of any and all types of vehicles, boats or
heavy construction equipment, whether such vehicles, boats or
equipment are self-propelled or not, and all land upon which
vehicles traverse the property as a function of the primary use
(including "drive-in" facilities) hereinafter referred to as "other
vehicular uses, II such off-STREET facilities and land shall conform
to the minimum requirements of this LOC.
2. Off-STREET parking and off-STREET loading facilities shall be
provided as set forth in this section. Conforming BUILDINGS and
uses existing as of the effective date of this LDC may be
modernized, ALTERED, or repaired without providing additional
off-STREET parking or off-STREET loading facilities, providing
there is no increase in FLOOR AREA or capacity or change in use
which would require additional off-STREET parking.
3. Where a conforming BUILDING or use existed as of the effective
date of this LDC and such BUILDING or use is enlarged in FLOOR
AREA, volume, capacity, or space occupied, off-STREET parking
and off-STREET loading as specified in this LOC shall be provided
for the additional FLOOR AREA, volume, capacity, or space so
created or used.
4. Where a use and BUILDING existed at the effective date of this
LDC and the use is changed after the effective date of this LDC
and where this LDC requires such later and changed use to have
greater required off-STREET parking, then additional off-STREET
parking shall be provided for the later and changed use as required
under this LOC.
5. Unless otherwise provided, areas designated as the central
business district of a community shall not be required to meet the
requirements for off-STREET parking and loading herein. Such
central business districts may be designated on a map or such
other documents and materials as are necessary and adopted by
the BCC upon recommendation of the planning commission for the
Page 82 of 247
purpose of exempting such area from off-STREET parking and
loading regulations.
4.05.02 Design Standards
A. Parking lots and spaces shall be identified as to purpose and location
when not clearly evident.
B. Parking lots and spaces shall meet the following standards:
1. Be surfaced with asphalt;. bituminous, concrete or dustless material
and maintained in smooth, well-graded condition. Upon approval of
the County Manager or designee, a suitable material (lime rock
excluded) with a suitable stabilized subgrade may be substituted
for the above materials.
2. Up to seventy (70%) percent of the parking spaces for houses of
worship and schools may be surfaced with grass or lawn. When
the County Manager or designee determines that the paving of
some or all parking spaces for houses of worship and schools will
have significant negative environmental impacts, the County
Manager or designee may require that these parking spaces not
be paved.
3. Spaces that are not paved shall be compacted, stabilized, well
drained and surfaced with a durable grass cover.
4. DRIVEW A YS, handicapped spaces and ACCESS aisles shall be
paved.
C. Parking lots shall be drained and sloped so as not to cause any
nuisance to ADJACENT property or to public property or RIGHTS-OF-
WAY. Such facilities must also be sloped to meet the provisions of the
Americans with Disabilities Act.
D. Parking lots shall be so lighted, if lighted, as to shield STREETS and
all ADJACENT properties from direct glare, excessive light, and
hazardous interference with automotive and pedestrian traffic.
E. ACCESS shall meet the following standards:
1. Be arranged for convenient and safe ACCESS of pedestrians and
vehicles.
2. Off-STREET parking areas must be accessible from a STREET,
ALLEY or other public RIGHT -OF-W A Y.
3. ACCESS via a rear property RIGHT -OF-W A Y shall be required if
available in lieu of direct ACCESS.
4. For any nonresidential DEVELOPMENT which ABUTS an ALLEY,
a maximum of ten (10) parking spaces, not to exceed thirty (30%)
percent of the required parking for the proposed use, may be
accessed solely from the ALLEY. Said parking spaces shall be
clearly marked and arranged in such a manner so that each
Page 83 of 247
parking space meets the minimum size required in section 4.05.02
of this LDC. Additionally, these spaces shall be arranged in a
manner which allows for full compliance with any required
landscaped BUFFER requirement. These spaces shall be for the
exclusive use of employees and service vehicles and shall be
clearly designated as such by appropriate signage.
F. Be arranged so that no vehicle shall be forced onto any STREET to
gain ACCESS from one aisle to another aisle. All off-STREET parking
facilities must be so arranged that no motor vehicle shall have to back
onto any STREET, excluding SINGLE-FAMILY and two-family
residential DWELLINGS and CHURCHES.
G. Whenever the number of off-STREET parking spaces required by this
LDC is five (5) or more, all parking spaces shall be striped or marked
with paint or other suitable pavement marking material. Whenever any
part of an off-STREET parking area is redesigned, those pavement
markings which no longer apply shall be completely obliterated.
H. Be constructed so that interior portions of off-STREET vehicular
facilities not utilized specifically as a parking space or maneuvering or
other VEHICULAR USE AREA shall not be paved but shall be
landscaped in accordance with this LDC, specifically section 4.06.00.
I. Off-STREET parking areas shall be designed so as not to create dead-
end aisles except as may be permitted in accordance with provisions
of the Florida BUILDING Code, or other applicable codes referenced
within Chapter 1. Aisles designed for one-way traffic flow shall have
painted arrows not less than four (4) feet at each end of the aisle
indicating the direction of travel.
J. All off-STREET parking facilities shall be located on the same LOT
they serve, on a contiguous LOT under the same ownership that is
zoned for use as a parking lot.
K. Exemptions to locational requirements
1. Off-site parking on non-contiguous LOTS under same ownership.
The County Manager or designee may approve off-site parking on
LOTS under the same ownership that are separated by a roadway
that is not designated an ARTERIAL or a COLLECTOR
ROADW A V of greater than two (2) lanes in the traffic circulation
element of the GMP. A site DEVELOPMENT PLAN shall be
submitted to the County Manager or designee which indicates that:
a. At least sixty-seven (67%) percent of the required parking is on
the LOT with the PRINCIPAL STRUCTURE; or
b. The off-site LOTS are zoned for use as a parking lot or are
zoned the same as the LOT with the PRINCIPAL
STRUCTURE; or
Page 84 of 247
c. The off-site parking will serve a water-dependent and/or a
water-related use or will only be used for valet parking.
2. Off-site parking on LOTS under different ownership. The County
Manager or designee may approve off-site parking on contiguous
LOTS that are under different ownership. A site DEVELOPMENT
PLAN shall be submitted to the County Manager or designee
which includes:
a. A minimum ten (10)-year lease agreement between the
property owners, including a provision that if and when the
lease expires, the property owner requiring the off-site
parking shall make other provisions for the required parking.
The County attorney shall review this agreement for form and
legal sufficiency. The petitioner shall record the lease in the
official records of Collier County before approval of the site
DEVELOPMENT PLAN; and
b. At least sixty-seven (67%) percent of the required parking is
on the LOT with the PRINCIPAL STRUCTURE; or
c. The off-site LOTs are zoned for use as a parking lot or are
zoned the same as the LOT with the PRINCIPAL
STRUCTURE; or
d. The off-site parking will serve a water dependent and/or water
related use or will only be used for valet parking.
L. Minimum aisle widths shall be as follows:
Table 16. Minimum Aisle Width in Parking Lots.
Anale of Parking Aisle Width (One-Wav) Aisle Width (Two-Wav)
Parallel 12 teet" 20 feet
30 dearees 12 teet" 22 feet
45 dearees 12 feet" 22 feet
60 dearees 18 feet 24 feet
90 dearees 22 feet 24 feet
"Fire districts may require these to be increased to fourteen (14) feet where an
acute turning radius is present.
M. Each parking space shall be a minimum of nine (9) feet by eighteen
(18) feet in size or sixteen (16) feet in depth measured from the aisle
width to the face of the wheel stop except in the case of parallel
parking where the dimension of the space shall be nine (9) feet by
twenty-three (23) feet for spaces running parallel to the DRIVEWAY
which affords ACCESS to said spaces. As an alternative, nine (9) feet
by eighteen (18) feet spaces may be used in which case there must be
a six (6) foot marked clear zone space in front of or in back of every
space. See Exhibit "A" for typical off-STREET parking design. All
parking spaces for the exclusive use of compact vehicles indicated on
an approved site DEVELOPMENT PLAN, and any subsequent
amendments thereto, shall be counted as standard parking spaces.
Page 85 of 247
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Page 86 of 247
4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use
Urban Residential Land Use
All automobile parking or storage of automobiles in connection with
residential STRUCTURES which are located on property which is
designated as Mixed Use Urban Residential on the Future Land Use Map
and which are zoned or used for residential uses, shall occur on
specifically designed surfaces in a specifically designated area of the LOT
upon which the residential STRUCTURE is located. The parking and/or
storage of automobiles in connection with the residential DWELLING
UNITS they are ancillary and ACCESSORY to shall be regulated as
follows:
A. SINGLE-FAMILY DWELLING UNITS: Unless otherwise parked or
stored in an enclosed STRUCTURE, the parking or storing of
automobiles in connection with SINGLE-FAMILY DWELLING UNITS
shall be limited to stabilized pervious or IMPERVIOUSL Y treated
surface areas of the LOT specifically designed for the parking of
automobiles which may not comprise an area greater than forty (40%)
percent of any required FRONT YARD, which nonetheless may not
serve to limit a DRIVEWAY to a width less than twenty (20) feet. All
parked automobiles shall utilize only the designated pervious or
IMPERVIOUS SURFACE areas.
B. Two-family DWELLING UNITS: Unless otherwise parked or stored in
an enclosed STRUCTURE, the parking or storing of automobiles in
connection with a two-family STRUCTURE shall be limited to pervious
or IMPERVIOUSLY treated areas of the LOT which may not comprise
an area greater than fifty (50%) percent of any required FRONT
YARD, except that this shall not serve to limit a DRIVEWAY width to
less than twenty (20) feet, and a DRIVEWAY may be provided on each
side of the two-family STRUCTURE.
C. MUL TI-FAMIL Y (i.e. three (3) or more) DWELLING UNITS: Unless
otherwise parked or stored in an enclosed STRUCTURE, the parking
or storing of automobiles in connection with MULTI-FAMILY
DWELLING UNITS shall be limited to pervious or IMPERVIOUSLY
treated surface areas of the LOT designated for the parking and
storing of automobiles. Pervious or IMPERVIOUSLY treated surface
areas designated for the parking of automobiles shall not exceed a
ratio of two and one-half (2112) automobiles per DWELLING UNIT in the
event all parking spaces are not located within an enclosed
STRUCTURE or any combination of open air and enclosed
STRUCTURE.
D. Where MUL TI-FAMIL Y STRUCTURES consist of SINGLE-FAMILY
attached (i.e. row houses) DWELLING UNITS each with its own
DRIVEWAY to a common accessway, public or private STREET, all
Page 87 of 247
m_.__~_.....____. ^ -
parking of automobiles shall be limited to the DRIVEWAY and or
garage combination.
E. Automobiles parked and/or stored in connection with residential
DWELLING UNITS as described above shall be owned by the
occupants of the DWELLING UNIT or units unless the vehicle is
owned by a firm, corporation or entity for which a DWELLING UNIT
occupant is employed. This provision shall not be construed to apply to
automobile vehicles owned by persons or business firms at the site for
social or business purposes. .
F. No other portion of a FRONT YARD may be used to park or store
automobiles including that portion of the RIGHT-OF-WAY not directly a
part of the designated DRIVEWAY or designated parking areas.
4.05.04 Parking Space Requirements
A. Requirements for off-STREET parking for uses not specifically
mentioned in this division shall be the same as for the use most similar
to the one sought, or as otherwise determined by the County Manager
or designee pursuant to 4.05.04 of this LDC it being the intent of this
LDC to require all uses to provide off-STREET parking, unless specific
provision is made to the contrary.
B. Measurement. Where this LDC requires off-STREET parking based
on various types of measurements, the following rules shall apply:
1. FLOOR AREA means, for the purposes of this section only, the
gross FLOOR AREA inside the exterior walls, unless otherwise
specifically indicated.
2. In HOSPITALS, bassinets do not count as beds.
3. In stadiums, sports arenas, houses of worship, and other places of
public assembly where occupants utilize benches, pews, or other
similar seating arrangements, each twenty-four (24) lineal inches
of such seating facilities count as one (1) seat.
4. Where the parking requirements are based on number of
employees or persons employed or working in an establishment
and the number of employees increases after the BUILDING or
STRUCTURE is occupied, then the amount of off-STREET parking
provided must be increased in ratio to the increase of the number
of employees.
5. When units of measurements determining number of required off-
STREET parking spaces result in a requirement of a fractional
space, then such fraction equal or greater than one-half (1 Y2) shall
require a full off-STREET parking space.
C. Developers of commercial projects located within commercial zoning
districts, business park districts, or a commercial component of a PUD
zoning district, which require a minimum of eighty (80) parking spaces,
Page 88 of 247
providing paved off-STREET surface parking in excess of 120 percent
of the requirements of this LOG shall request a variance in accordance
with Chapter 9. The developer shall be required to provide double the
landscaping required in interior VEHICULAR USE AREAS, as required
by section 4.06.00 for those projects requesting such a variance.
D. Developers providing parking lots in excess of 200 parking spaces may
surface fifteen (15%) percent of the required off-STREET parking
spaces in grass which shall be compacted, stabilized, well drained and
surfaced with a durable grass cover. Such grass parking spaces shall
be located along the outlying perimeter of the parking lot.
DRIVEW A YS, handicapped spaces and ACCESS aisles shall be
paved. All grassed parking spaces shall be included in the water
management calculations for site DEVELOPMENT PLAN review.
E. Required off-STREET parking shall be located so that no automotive
vehicle when parked shall have any portion of such vehicle
overhanging or encroaching on public RIGHT-Of-WAY or the property
of another. If necessary, wheel stops or barriers may be required in
order to enforce this provision.
F. Minimum requirement.
1. Irrespective of any other requirement of this LDC, each and every
separate individual store, office, or other business shall be
provided with at least one (1) off-STREET parking space, unless
specific provision is made to the contrary.
2. The County manager or designee may determine the minimum
parking requirements for a use which is not specifically referenced
below or for which an APPLICANT has provided evidence that a
specific use is of such a unique nature that the applicable minimum
parking ratio listed in this LDC should not be applied. In making
such a determination the County Manager or designee may require
submission of parking generation studies; evidence of parking
ratios applied by other counties and municipalities for the specific
use; reserved parking pursuant to section 4.05.05; and other
conditions and safeguards deemed to be appropriate to protect the
public health, safety and welfare.
Page 89 of 247
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4.05.05 Parking Variation in the P District
As required in section 4,05.04, provided, however, that the County
Manager or designee may determine that the required number of spaces
is excessive for a specific use based upon an analysis of factors including
but not limited to: the number of employees; square footage of the
proposed facilities versus those areas intended for public use; and
customer parking, Landscaping equivalent to a type A BUffER shall be
substituted in lieu of paved parking with said areas reserved for future
parking should the BCC find that the spaces are needed. .
4.05.06 LOADING SPACE Requirements
A. Generally
1, Off-STREET loading facilities are required by this LOC so that
vehicles engaged in unloading will not encroach on or interfere
with public use of STREETS and ALLEYS by pedestrians and
automotive vehicles and so that adequate space will be available
for the unloading and loaaing off the STREET of goods, materials,
or things for delivery or sn ipping.
2. Off-STREET loading facilities supplied to meet the needs ofi one
(1) use may not be considered as meeting the needs of ancpther
use, Off-STREET parking facilities may not be used for or cou'nted
as meeting off-STREET loading requirements,
3. When the use of a STRUCTURE or land or any part thereof is
changed to a use requiring off-STREET loading facilities, the full
amount of off-STREET LOADING SPACE required shall be
supplied and maintained. When any STRUCTURE is enlarged or
any use extended so that the size of the resulting occupancy
requires off-STREET LOADING SPACE, the full amount of such
space shall be supplied and maintained for the STRUCTURE or
use in its enlarged or extended size,
4. Each off-STREET LOADING SPACE shall be directly accessible
from a STREET or ALLEY without crossing or entering any other
required off-STREET LOADING SPACE or off-STREET parking
space. Such LOADING SPACE shall be accessible from the
interior of the BUILDING it serves and shall be arranged for
convenient and safe ingress and egress by motor truck and/or
trailer combination.
5. Areas reserved for required off-STREET loading in accordance
with the requirements of this LOC shall not be reduced in area or
changed to any other use unless the permitted or permissible use
that it serves is discontinued or modified or equivalent required off-
STREET loading is provided in accordance' with the requirements
of this LOC, The areas immediately fronting an overhead door(s)
Page 97 of 247
-<_.~.," --
shall not be counted towards meeting the off-STREET parking
requirements of this LDC.
6. Collective, joint, or combined provisions for off-STREET loading
facilities for two (2) or more BUILDINGS or uses may be made,
provided that such off-STREET loading facilities are equal -in size
and capacity to the combined requirements of the several
BUILDINGS or uses and are designed, located, and arranged to
be usable thereby,
8, Requirements
1, Each retail store, warehouse, wholesale establishment, industrial
activity, terminal, market, RESTAURANT, funeral home, laundry,
dry cleaning establishment, or similar use which has an aggregate
fLOOR AREA of:
Table 18. Required LOADING SPACES.
Souare Feet Number of Spaces
5,000 but not over 10,000 1
10,000 but not over 20,000 2
20,000 but not over 50,000 3
Plus one additional off-street loading space for each additional 25,000 square
feet over 50,000 square feet or major fraction thereof.
2. For each MUL TI-fAMIL Y DWELLING facility having at least
twenty (20) DWELLING UNITS but not over fifty (50) DWELLING
UNITS: one (1) space. For each MUL TI-fAMIL Y DWELLING
facility having over fifty (50) DWELLING UNITS: one (1) space,
plus one (1) space for each additional fifty (50) DWELLING
UNITS, or major fraction thereof,
3. For each auditorium, convention hall, exhibition hall, museum,
HOTEL or MOTEL, office BUILDING, sports arena or stadium, two
(2) or more BUILDINGS or uses may be permitted to combine their
off-STREET loading facilities, provided that such off-STREET
loading facilities meet the requirements of this LDC, are equal in
size and capacity to the combined requirements of the several
BUILDINGS or uses, and are designed, located, and arranged to
be usable thereby; HOSPITALS, sanitariums, welfare institutions,
or similar uses which have an aggregate gross fLOOR AREA of:
over 5,000 square feet, but not over 20,000 square feet: one (1)
space; plus for each additional 25,000 square feet (over 20,000
square feet) or major fraction thereof: one (1) space,
4. For facilities in this section not of sufficient size to meet the
minimum requirements set forth therein, each such facility shall
provide off-STREET loading on the property for the parking of a
delivery vehicle to ensure that no deliveries or shipments of goods
Page 98 of 247
or products will require the use, however temporary, of any public
RIGHT-OF-WAY or required off-STREET parking space.
5, For any use not specifically mentioned, the requirements for off-
STREET loading facilities for a use which is so mentioned and to
which the unmentioned use is similar shall apply.
C. Each LOADING SPACE shall be a minimum of ten (10) feet by twenty
(20) feet in size, 'I.,
4.05.07 Handicapped Parking Requirements
A. Generally
Any business, firm, corporation, person, or other entity, which operates or
maintains a BUILDING which is used by the public or to which the public
has ACCESS shall provide specially designed and marked motor vehicle
parking spaces for the exclusive use of physically disabled persons, in
accordance with the Americans with Disabilities Act (ADA) of 1990.
Theses guidelines are to be applied during the design, construction and
ALTERATION of BUILDINGS and facilities covered by Titles II and III of
the ADA to the extent required by regulations issued by federal agencies,
including the Department of Justice and the Department of Transport~tion
under the ADA.
B, Requirements
A parking lot servicing any BUILDING or entrance PATHWAY to a
BUILDING shall have a number of level parking spaces, as set forth in the
following table, identified by above GRADE SIGNS, as being reserved for
physically disabled persons:
Table 19. Required Handicapped Parking Spaces.
Total Spaces in Lot Required Number of Reserved
Spaces
Up to 25 1
26 to 50 2
51 to 75 3
76 to 1 00 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total
1001 and over 20 plus 1 for each 100 over
1,000
C. Location
1. Parking spaces provided for the exclusive use of physically
disabled persons serving a particular BUILDING shall be located
on the shortest accessible route of travel from ADJACENT parking
Page 99 of 247
"~-_._--~ _..,-,- .
to an accessible route of travel from ADJACENT parking to an
accessible entrance,
2. In parking facilities that do not serve a particular BUILDING,
parking shall be located on the shortest accessible pedestrian
entrance of the parking facility, In BUILDINGS with. multiple
accessible entrances with ADJACENT parking, parking spaces
shall be dispersed and located closest to the accessible entrances.
3, All spaces shall have accessibility to a curb ramp or curb cut, when
necessary to allow ACCESS to the BUILDING served, and shall
be located so that users will not be compelled to wheel behind
parked vehicles.
O. Design
1. Diagonal or perpendicular parking spaces shall be a minimum of
twelve (12) feet wide by eighteen (18) feet long and provide a five
(5) foot wide by eighteen (18) foot long passenger loading 'zone
ADJACENT and parallel to the parking space,
2. Each such parking space shall be conspicuously outlined in i blue
paint, and shall be posted and maintained with a permanent,
above-GRADE SIGN, bearing the intemationally accepted
wheelchair symbol of accessibility or the caption "PARKING BY
DISABLED PERMIT ONLY," or bearing both such symbol and
caption, All handicapped parking spaces must be SIGNED and
marked in accordance with the standards adopted by the
Department of Transportation,
4.05.08 Bicycle Parking Requirements
A. Number
Provisions for the safe and secure parking of bicycles shall be furnished at
a ratio of five (5%) percent of requirements for motor vehicles as set forth
in section 4,05,04, but not to exceed a maximum of fifteen (15) total
bicycle parking spaces, A minimum of two (2) bicycle parking spaces shall
be provided,
B. Design
1, A bicycle parking facility suited to a single bicycle ("parking space")
shall be of a stand-alone inverted-U design measuring a minimum
of thirty-six (36) inches high and eighteen (18) inches wide [of one
and one-half (1112) inch Schedule 40 pipe, ASTM F 1083] bent in
one piece ("bike rack") mounted securely to the ground [by a 3/8-
inch thick steel base plate, ASTM A 36] so as to secure the bicycle
frame and both wheels,
2, Each parking space shall have a minimum of three (3) feet of
clearance on all sides of the bike rack.
Page 100 of 247
3. Bicycle spaces shall be surfaced with the same or similar materials
approved for the motor vehicle parking lot, lighted and located no
greater than one hundred (100) feet from the main BUILDING
entrance.
4, Extraordinary bicycle parking designs which depart from the bike
rack standard but are consistent with the DEVELOPMENT'S
design theme shall be considered by the County architect. Bike
racks which function without securing the bicycle frame, require the
use of a bicycle kick stand, or which may be freely reoriented are
not allowable.
4.05.09 Stacking Lane Requirements
Where stacking is required, the amount listed does not include the first
vehicle being serviced, A minimum of five (5) spaces shall be provided
preceding the first menu board or order station, for RESTAURANTS with
drive-in windows. For all other stacking uses, stacking starts ten (10) feet
behind the middle of the pickup window) and is computed at twenty (20)
feet per vehicle (turns are computed at twenty-two (22) feet per vehicle,
measured at the outside of the DRIVEWAY), Stacking for one (1) lane
may be reduced if the reduction is added to the other lane(s).
4.06.00 LANDSCAPING, BUffERING, AND VEGETATION RETENTION
4.06.01 Generally
A. Purpose and Intent
1, Landscape Code
The purpose and intent of the landscape code is to:
a. promote the health, safety, and welfare of residents of Collier
County by establishing minimum uniform standards for the
installation and maintenance of landscaping;
b. improve the aesthetic appearance of commercial, industrial, and
residential DEVELOPMENTS through the requirement of minimum
landscaping in ways that harmonize the natural and built
environment;
c, promote preservation and planting of native plants and plant
communities;
d. provide physical and psychological benefits to persons through
landscaping by reducing noise and glare;
e. screen and BUffER the harsher visual aspects of urban
DEVELOPMENT;
Page 101 of 247
- ^-.--
f. improve ENVIRONMENTAL QUALITY by reducing and
reversing air, noise, heat, and chemical pollution through the
preservation of canopy trees and the creation of shade and
microclimate;
g, reduce heat gain in or on BUILDINGS or paved areas through
the filtering capacity of trees and vegetation; and
h, promote water conservation by encouraging the use of native
and drought-tolerant ve.getation and properly ~oned irrigation
system through xeriscape:
2, BUffERING and Screening
The purpose and intent of establishing LANDSCAPE BUfFERING
and screening is to:
a, reduce the potential incompatability of ADJACENT land uses;
b, conserve natural resources and maintain OPEN SPACE;
c. protect established residential neighborhoods, and enhance
community identity;
d, I
improve the aesthetic appearance of commercial, industrial,
and residential DEVELOPMENTS through the requirement of
minimum landscaping in ways that harmonize the natural and built
environment;
e, promote preservation and planting of native plants and plant
communities;
f. provide physical and psychological benefits to persons through
landscaping by reducing noise and glare;
g, screen and BUffER the harsher visual aspects of urban
DEVELOPMENT;
h. improve ENVIRONMENTAL QUALITY by reducing and
reversing air, noise, heat, and chemical pollution through the
preservation of canopy trees and the creation of shade and
microclimate;
i. reduce heat gain in or on BUILDINGS or paved areas through
the filtering capacity of trees and vegetation; and
j. promote water conservation by encouraging the use of native
and drought-tolerant vegetation and properly zoned irrigation
systems through xeriscape.
In order to minimize negative effects between ADJACENT land
uses, this division promotes the use of LANDSCAPE BUffERS
and screens to eliminate or minimize potential nuisances such as
dirt, litter, noise, lights, unsightly BUILDINGS and STRUCTURES,
and off-STREET parking and loading areas, Additionally,
Page 102 of 247
BUfFERS and screens provide spacing and landscaping to reduce
potentially ADVERSE IMPACTS of noise, odor, or lighting.
BUfFERING refers to a strip of land separating ADJACENT land
uses, whereas screening refers to fences, walls, BERMS, trees,
shrubs, or a combination of these screening devices' on the
BUfFER strip.
B, Effect of the Collier County Streetscape Master Plan
'Collier County Streetscape Master Plan", "Construction Standards
Handbook for Work Within the Public RIGHTS-OF-WA Y Collier County,
Florida" and the "Golden Gate Community Roadways Beautification
Master Plan." STREET corridors identified in Section 2 and Figure E.1 of
the "Collier County Streetscape Master Plan," the "Construction
Standards Handbook for Work Within the Public Rights-of- Way Collier
County, Florida" and the "Golden Gate Community Roadways
Beautification Master Plan", including areas within the RIGHT-OF-WAY
and on required BUFFERS ADJACENT to the RIGHT-Of-WAY, shall
adhere to the requirements of these documents,
Notwithstanding the above, for required LANDSCAPE BUffERS
ADJACENT to any RIGHT-OF-WAY, the requirements of Section 2 and
Figure E.1 of the "Collier County Streetscape Master Plan", the
"Construction Standards Handbook for Work Within the Public Rights-of
Way Collier County, Florida" and the "Golden Gate Community Roadways
Beautification Master Plan" shall apply at the time of issuance of any
related subsequent DEVELOPMENT ORDER including construction plans
attendant to the approval of a final plat and/or a final site DEVELOPMENT
PLAN, Where the application of said Master Plan standards and
requirements is questioned, an official interpretation of the County
Manager or his designee pursuant to section 1 .06.01 of the Collier County
Land DEVELOPMENT Code may be requested. Further, the interpretation
of the County Manager or his designee may be appealed to the board of
zoning appeals as prescribed by section 10,02,02 of the Land
DEVELOPMENT Code.
C. Relationship to SUBDIVISION Regulations
1, Plantings, trees, and grass. All RIGHTS-Of-W A Y and
EASEMENTS for STREETS, avenues, roads, drives, and the like shall
be planted with trees, grass or other suitable vegetation on both sides
in accordance with the specifications, limitations, procedures, types
and intervals set forth in the appropriate county regulations and
requirements, including but not limited to this section 4,06.00 and the
RIGHT-Of-WAY Construction Handbook, Collier County Ordinance
No, 82-91, as amended [superseded by ordinance found in Code ch,
Page 103 of 247
.-.. ~.._---
110, art, 1/], All unpaved areas within RIGHTS-Of-WAY shall be
stabilized by seed or sodding of cultivated grass species suitable to the
area, The sodding of a one-toot-wide strip along the back of curb or
edge of pavement shall be mandatory for all roadway construction. The
flow line of all swale sections approved for use by the County Manager
or his designee shall also be sodded as required for erosion control.
2, STREETS and access improvements,
a, All existing and future public and private RIGHTS-Of-WAY that
are designed parallel to each other or to the boundary of a
SUBDIVISION or DEVELOPMENT, with no BUILDING LOTS
separating them from other RIGHTS-Of-WAY or the project
boundary, shall be separated by a LANDSCAPE BUffER,
pursuant to this section 4,06.00, The BUffER area in these cases
shall be separately designated on the final SUBDIVISION plat as a
tract or EASEMENT and shall be dedicated on the final
SUBDIVISION plat cover sheet to the appropriate property owners'
association or like entity tor operation, maintenance and upkeep
purposes.
D, Landscaping with Sight Design Triangles
1, Safe sight distance triangles at intersection and access points.
(Refer to Figure 4,06.01 D., Sight Distance Triangles). Where a
DRIVEWAY/ACCESS way intersects a RIGHT-Of-WAY or when a
property abuts the intersection of two or more RIGHTS-Of-WAY, a
minimum safe sight distance triangular area shall be established,
Within this area, vegetation shall be planted and maintained in a way
that provides unobstructed visibility at a level between 30 inches and
eight feet above the crown of the ADJACENT roadway. Landscaping
shall be located in accordance with the roadside recovery area
provisions of the State of Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance of STREETS and Highways (DOT Green Book) where
appropriate. Posts for illuminating fixtures, traffic control, and STREET
name SIGNS shall also be permitted, so long as the SIGN or
equipment is not within the prescribed clear space.
Where an accessway enters a RIGHT-Of-WAY, two safe distance
triangles shall be created diagonally across from each other on both
sides of the accessway, Two sides of the triangle shall extend ten feet
each way from the point of intersection from the edge of pavement and
the RIGHT-OF-WAY line, The third side of the triangle shall be a line
connecting the ends of the other two sides.
Page 104 of 247
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;: . ut . :.'
>>- tit, :: J ~ :.
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PLAN : Int-t,.ctkln of g,iypov and S1r.,t
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CROSS. ~E~nON A-A. : Intersection of Drive"ow 9nsf Str.at
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1,llltt9l.. 01 R......o
ero.. 'IIsCllIlIJtr
(HOlChIIl "rllll)
l
va
PLAN : Str..t I4'olerseetion
figure 4.06.01 D. - Sight Distance Triangles
Page 105 of 247
"-
Where a property abuts the intersection of two RIGHTS-Of-WAY, a
safe distance triangle shall be created. Two sides of the triangle shall
extend 30 feet along the ABUTTING RIGHT-Of-WAY lines, measured
from the point of intersection. The third side of the triangle shall be a
line connecting the ends of the other two sides,
The developer shall comply with all of the provisions of the applicable
landscape requirements and this section 4.06.00 at the time of
SUBDIVISION or DEVELOPMENT approval or when applicable.
E. Landscaping Plans Required
1, Landscape summary. A landscape summary in matrix form which
shall include:
a, Graphic symbol to indicate each type of plant material.
b. Botanical name,
c. Common name,
d. Total number of each type of plant material.
e. Height and spread of each type of plant material.
f. Spacing of each type of plant material.
2. Illustrative information. Illustrative information consisting of the
following shall be accurately depicted on the landscape plan:
a, The location, configuration and arrangement of all proposed
BUILDINGS, internal STREETS and parking areas as reflected on
the site plan.
b. The location and dimensions of all proposed landscaped areas
with appropriate graphic symbols including existing trees that are
being credited toward the DEVELOPMENT'S landscaping
requirements.
c. Location and configuration of all special or textured paving
areas,
d, Provisions for site irrigation,
e. Any additional relevant information as may be required by the
planning services director,
4.06.02 BUffER Requirements
A. Applicability of BUffER Requirements
The BUffERING and screening shown in table 2.4 below shall be
required under this section and shall apply to all new DEVELOPMENT.
Existing landscaping which does not comply with the provisions of this
Page 106 of 247
section shall be brought into conformity to the maximum extent possible
when: the VEHICULAR USE AREA is AL TERED or expanded except for
restriping of LOTS/drives, the BUILDING square footage is changed, or
there has been a discontinuance of use for a period of 60 consecutive
days or more and a request for an occupational license to resume
business is made,
SUBDIVISIONS or DEVELOPMENTS shall be BUffERED for the
protection of property owners from surrounding land uses as required
pursuant to this section 4,06.00, BUffERS shall not inhibit pedestrian
circulation between ADJACENT commercial land uses. BUffERS shall
be installed during construction as follows and in accordance with this
section 4.06,00:
1, To separate residential DEVELOPMENTS from commercial,
community use, industrial and public use DEVELOPMENTs and
ADJACENT expressways, arterials and railroad RIGHTS-Of-WAY,
except where such expressway, arterial, or railroad RIGHT-Of-WAY
abuts a golf course,
2, To separate commercial, community use, industrial and public use
DEVELOPMENTS from residential DEVELOPMENTS.
3, To separate SUBDIVISIONS of residential property that do not
result in the submittal of a site DEVELOPMENT PLAN pursuant to the
provisions of section 10,02.03 from other residential properties,
Separation shall be created with a LANDSCAPE BUffER strip which
is designed and constructed in compliance with the provisions of this
section 4,06,00, Such BUFfER strip(s) shall be shown and designated
on the final plat as a tract of EASEMENT and shall not be located
within any public or private RIGHT-Of-WAY. The ability to locate
BUffER(S) within a platted or recorded EASEMENT shall be
determined pursuant to the provisions of this section 4,06.00,
BUFfERS ADJACENT to protected/preserve areas shall conform to
the requirements established by the agency requiring such BUffER,
LANDSCAPE BUfFERS, when required by this Code, this section
4,06,00, or other county regulation shall be in addition to the required
RIGHT-Of-WAY width and shall be designated as a separate
BUFfER tract or EASEMENT on the final SUBDIVISION plat. The
minimum BUffER width shall be in conformance with this section
4.06.00. In no case shall the required BUffER be constructed to
reduce cross-corner or stopping sight distances, or safe pedestrian
passage, All BUffER tracts or EASEMENTS shall be owned and
maintained by a property owner's association or other similar entity and
shall be so dedicated on the final SUBDIVISION plat.
B. Methods of Determining BUffERS
Page 107 of 247
Where a property ADJACENT to the proposed use is: (1) undeveloped,
(2) undeveloped but permitted without the required BUFfERING and
screening required pursuant to this Code, or (3) developed without the
BUfFERING and screening required pursuant to this Code, the proposed
use shall be required to install the more opaque BUffER as provided for
in table 2,4, Where property ADJACENT to the proposed use has
provided the more opaque BUffER as provided for in table 2.4, the
proposed use shall install a type A BUffER.
Where the incorporation of existing NATIVE VEGETATION in
LANDSCAPE BUffERS is determined as being equivalent to or in
excess of the intent of this Code, the planning services director may waive
the planting requirements of this section.
BUffERING and landscaping between similar residential land uses may
be incorporated into the YARDS of individual LOTS or tracts without the
mandatory creation of separate tracts. If BUffERING and landscaping is
to be located on a LOT, it shall be shown as an EASEMENT for
BUffERING and landscaping.
The BUffERING and screening provisions of this Code shall be
applicable at the time of planned unit DEVELOPMENT (PUD), preliminary
SUBDIVISION plat (PSP), or site DEVELOPMENT PLAN (SDP) review,
with the installation of the BUFfERING and screening required pursuant
to section 4,06,05 G. If the APPLICANT chooses to forego the optional
PSP process, then signed and sealed landscape plans will be required on
the final SUBDIVISION plat. Where a more intensive land use is
developed contiguous to a property within a similar zoning district, the
planning services director may require BUfFERING and screening the
same as for the higher intensity uses between those uses.
LANDSCAPE BUFFERING and screening standards within any planned
unit DEVELOPMENT shall conform to the minimum BUffERING and
screening standards of the zoning district to which it most closely
resembles. The planning services director may approve alternative
LANDSCAPE BUffERING and screening standards when such
alternative standards have been determined by use of professional
acceptable standards to be equivalent to or in excess of the intent of this
Code.
C, Table of BUfFER YARDS
1, Types of BUFfERS, Within a required BUFFER strip, the following
alternative shall be used based on the matrix in table 2.4,
Alternative A: Ten-foot-wide LANDSCAPE BUFfER with trees spaced
no more than 30 feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year
LANDSCAPE BUFFER six feet in height, which may include a wall,
Page 108 of 247
fence, hedge, BERM or combination thereof, including trees spaced no
more than 25 feet on center. When planting a hedge, it shall be a
minimum of ten gallon plants five feet in height, three feet in spread
and spaced a maximum four feet on center at planting.
Alternative C: 20-foot-wide, opaque within one year, LANDSCAPE
BUffER with a six-foot wall, fence, hedge, or BERM, or combination
thereof and two staggered rq~s of trees spaced no more than 30 feet
on center. Projects located within the Golden Gate NEIGHBORHOOD
CENTER district shall be exempt from the RIGHT-Of-WAY
requirement of a six-foot wall, fence, hedge, BERM or combination
thereof, These projects shall provide a meandering Type D
LANDSCAPE BUffER hedge. In addition, a minimum of 50 percent of
the 25-foot wide BUFfER area shall be composed of a meandering
bed of shrubs and ground covers other than grass.
Alternative D: A LANDSCAPE BUffER shall be required ADJACENT
to any road RIGHT-Of-WAY external to the DEVELOPMENT project
and ADJACENT to any primary ACCESS roads internal to a
commercial DEVELOPMENT. Said LANDSCAPE BUffER shall be
consistent with the provisions of the Collier County Streetscape M~ster
Plan, which is incorporated by reference herein, The minimum width of
the perimeter LANDSCAPE BUffER shall vary according to the
ultimate width of the ABUTTING RIGHT-Of-WAY, Where the ultimate
width of the RIGHT -Of-W A Y is zero to 99 feet, the corresponding
LANDSCAPE BUffER shall measure at least ten feet in width. Where
the ultimate width of the RIGHT-Of-WAY is 100 or more feet, the
corresponding LANDSCAPE BUffER shall measure at least 15 feet
in width. DEVELOPMENTS of 15 acres or more and
DEVELOPMENTS within an activity center shall provide a perimeter
LANDSCAPE BUffER of at least 20 feet in width regardless of the
width of the RIGHT-OF-WAY, Activity center RIGHT-Of-WAY
BUFfER width requirements shall not be applicable to roadways
internal to the DEVELOPMENT,
Trees shall be spaced no more than 30 feet on center in the
LANDSCAPE BUFfER ABUTTING a RIGHT-Of-WAY or primary
ACCESS road internal to a commercial DEVELOPMENT,
A hedge of at least 24 inches in height at the time of planting and
attaining a minimum of three feet height within one year shall be
required in the LANDSCAPE BUffER where vehicular areas are
ADJACENT to the road RIGHT-Of-WAY, pursuant to section 4.06.05
CA,
Where a fence or wall fronts an ARTERIAL or COLLECTOR ROAD as
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~_.- ^""--.
described by the transportation circulation element of the growth
management plan, a continuous single row hedge a minimum of 24
inches in height spaced three feet on center, shall be planted along the
RIGHT-Of-WAY side of the fence, The required trees shall be located
on the side of the fence facing the RIGHT-Of-WAY, Every effort shall
be made to undulate the wall and landscaping design incorporating
trees, shrubs, and ground cover into the design, It is not the intent of
this requirement to obscure from view decorative elements such as
emblems, tile, molding and wrought iron.
The remaining area of the required LANDSCAPE BUffER must
contain only existing NATIVE VEGETATION, grass, ground cover, or
other landscape treatment. Every effort should be made to preserve,
retain and incorporate the existing NATIVE VEGETATION in these
areas,
TABLE 2.4 TABLE OF BUffER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Properties District
Subje 1 2 3 4 5 6 7 8 9 10 11 12 13 14
ct
Prope
rty's
Distric
t/Use
1. - B B B B B A A A A 0 A - A
Agric
ulture
(A1)
2. A A B B B B B C B " D B - C
Resid
ential
(E,
RSF)
single
-
family
3. A B A N A B B B B " D B - C
Resid
ential
(RMF
-6,
RMF-
12,
RMF-
16)
multif
amily
Page 110 of 247
4. A B A A B B A B B * 0 B - B
Aesid
ential
tourist
(AT)
5. A A B B A B B B B * 0 B - B
Villag
e
reside
ntial "',.
(VA)
6. A B B B B A B B B * 0 B B B
Mobil
e
home
(MH)
7. A B B B B B A A A * 0 B B B
Com
merci
al3 (C-
1, C-
1fT,
C-2, ,
C-3,
C-4, I
I
C-5);
Busin
ess
Park
(BP)
8. A C B B B B A Ac. A * 0 B B B
Indust
rial2
(I)
9. A B B B B B A A A * 0 B - C
Public
use
(P),
comm
unity
facility
(CF),
Golf
Cours
e
Clubh
ouse,
Amen
ity
Cente
r
Page 111 of 247
.... --
10. * * * * * * * * * * 0 * * *
Plann
ed
unit
DEVE
LOP
MEN
T
(PUD)
11. 0 0 D 0 0 0 0 0 0 0 - B - 0
Vehic
ular
rights-
of-
way
12, B B B B B B B B B B B A B C
Golf
cours
e
maint
enanc
e
BUlL
DING
13. - - - - - - - - - - - B - C
Golf
cours
e
14. A C C B B B B B C * D C C D
Auto
mobil
e
servic
e
statio
n
The letter listed under "ADJACENT Properties District" shall be the
LANDSCAPE BUffER and screening alternative required. The "_"
symbol shall represent that no BUFFER is required, The PUD district
BUffER, due to a variety of differing land uses, is indicated by the u*u
symbol, and shall be based on the LANDSCAPE BUffER and
screening of the district or use with the most similar types, densities
and intensities of use. Where a conflict exists between the
BUFFERING requirements and the YARD requirements of this Code,
the Y ARC requirements of the subject zoning district shall apply.
1 BUFFERING in agriculture (A) districts shall be applicable at the
time of site DEVELOPMENT PLAN (SOP) submittal.
21ndustrial (I) zoned property, where ABUTTING industrial (I) zoned
Page 112 of 247
property, shall be required to install a minimum five-foot-wide type
A LANDSCAPE BUffER ADJACENT to the side and rear
property lines. This area shall not be used for water management.
In addition, trees may be reduced to 50 feet on center along rear
and side perimeter BUFfERS only, This reduction in BUffER
width shall not apply to BUffERS ADJACENT to vehicular
RIGHTS-Of-W A Y or nonindustrial zoned property.
3BUffER areas between commercial OUTPARCELS located
within a SHOPPING CENTER may have a shared 'BUffER 15 feet
wide with each ADJACENT property contributing 7.5 feet. This
does not apply to RIGHT-Of-WAY BUffERS.
Refer to section 5,05.05 for AUTOMOBILE SERVICE STATION
landscape requirements,
a. Business Parks
A 25-foot wide LANDSCAPE BUFfER shall be provided around
the boundary of the business park. A six-foot tall opaque
architecturally finished masonry wall, or BERM, or combination
thereof shall be required and two staggered rows of trees spaced
no more than 30 feet on center shall be located on the outside of
the wall, BERM, or BERM/wall combination.
b. BUFFERING and screening standards. In accordance with the
provisions of this Code, loading areas or docks, outdoor storage,
trash collection, mechanical equipment, trash compaction, vehicular
storage excluding new and used cars, recycling, roof top equipment
and other service function areas shall be fully screened and out of
view from ADJACENT properties at ground view level and in view
of roadway corridors.
D, Standards for retention and detention areas in BUffER YARDS
Unless otherwise noted, all standards outlined in section 4.06.05 C, apply.
Trees and shrubs must be installed at the height specified in this section,
Water management systems, which must include retention and detention
areas, swales, and subsurface installations, are permitted within a
required BUffER provided they are consistent with accepted engineering
and landscaping practice and the following criteria:
1, Water management systems must not exceed 50 percent of the
square footage of any required side, rear, or fRONT Y ARC
LANDSCAPE BUffER.
Page 113 of 247
--_.-"
2. Water management systems must not exceed, at any location
within the required side, rear, or fRONT YARD LANDSCAPE
BUFFER, 70 percent of the required BUFfER width, A minimum five-
foot wide 10:1 level planting area shall be maintained where trees and
hedges are required,
3. Exceptions to these standards may be granted on a case-by-case
basis, evaluated on the follo~i!1g criteria:
a, Water management systems, in the form of dry retention,
may utilize an area greater than 50 percent of the BUffER when
existing NATIVE VEGETATION is retained at natural GRADE,
b. For LOTS Of RECORD 10,000 square feet or less in size,
water management areas may utilize an area greater than 50
percent of the required side and rear YARD BUffERS. A . level
planting area of at least three feet in width must be provided in
these BUFfERS,
I
4. SIDEW ALKS and other IMPERVIOUS AREAS must not occupy
any part of a required Altemative A, B, C, or D type BUffER, e~cept
when:
a, DRIVEW A YS and SIDEWALKS are constructed
perpendicular to the BUffER and provide direct ACCESS to the
PARCEL.
b. Parallel meandering SIDEWALKS occupy the BUffER and
its width is increased by the equivalent SIDEWALK width,
c, A required 15-20 foot wide BUffER is reduced to a
minimum of ten feet wide and is increased by the five to ten foot
equivalent width elsewhere along that BUffER,
5. Natural and manmade bodies of water including retention areas for
all DEVELOPMENTS subject to section 5.05.08 and 3,05.10.
a. Configuration of water management areas. The shape of a
manmade body of water, including retention and detention areas,
must be designed to appear natural with curvilinear edges. See
"Body of Water Shapes" figure below, An alternative design may
be approved as a part of the design of the BUILDING, if the design
of the water management area is related to the architectural design
of the BUILDING.
Page 114 of 247
50 100
I I I
10'
offset
DO THIS ~
0 50 100
O.J I I I I I I I I
- BODY OF
- WATER
- SHAPES
50-
-
-
-
-
100-
DON'T DO THIS../'
Figure [V] - Body of Water Shapes
Page 11 5 of 247
---- _.-~ .."-
b. Water management areas within the FRONT Y ARCS, Narrow
and steep water management areas are prohibited within the
FRONT YARDS that lie between the primary fACADES of a
BUILDING and a public and private STREET. These narrow and
steep water management areas are defined as 12 feet or less in
width with maximum slope of 4 to 1.
c, Required amenities. The following standards apply to detention
and retention areas exceeding twelve feet in width. All bodies of
water, including retention areas exceeding 20,000 square feet, and
which are located ADJACENT to a public RIGHT-Of-WAY, must
incorporate into overall design of the project at least two of the
following items:
i. A walkway 5 feet wide and a minimum of 200 feet long,
with trees of an average of 50 feet on center and with
shaded benches, a minimum of 6 feet in length or picnic
tables with one located every 150 feet.
ii. Fountains.
iii, Partially shaded plaza/courtyard, a minimum of 200
square feet in area, with benches and/or picnic tables
ADJACENT to the water-body, or retention areas.
4.06.03 Landscaping Requirements for VEHICULAR USE AREAS and RIGHTS-
Of-WAY
A. Applicability
The provisions of this section shall apply to all new off-STREET parking or
other VEHICULAR USE AREAS, Existing landscaping which does not
comply with the provisions of this Code shall be brought into conformity to
the maximum extent possible when: the VEHICULAR USE AREA is
AL TERED or expanded except for restriping of LOTS/drives, the
BUILDING square footage is changed, or the STRUCTURE has been
vacant for a period of 90 days or more and a request for an occupational
license to resume business is made. These provisions shall apply to all
DEVELOPMENTS with the exception of single-family, two-family,
MOBILE HOME DWELLING UNIT, and dwellings on individually platted
LOTS, Any appeal from an administrative determination relating to these
regulations shall be to the board of zoning appeals or equivalent. Prior to
issuing occupancy permits for new construction, implementation and
completion of landscaping requirements in off-STREET vehicular facilities
shall be required. Where a conflict exists between the strict application of
this division and the requirements for the number of off-STREET parking
Page 116 of 247
spaces or area of off-STREET loading facilities, the requirements of this
section shall apply,
8, Standards for landscaping in VEHICULAR USE AREAS
1, Landscaping required in interior of VEHICULAR USE AREAS. At
least ten percent of the amount of VEHICULAR USE AREA on-site
shall be devoted to interior landscaping areas. The width of all curbing
shall be excluded from the required landscaped areas. All interior
landscaped areas not dedicated to trees or to preservation of existing
vegetation shall be landscaped with grass, ground cover, shrubs or
other landscape treatment. One tree shall be provided for every 250
square feet of required interior landscaped area. Interior landscaped
areas shall be a minimum of five feet in width and 150 square feet in
area, The amount of required interior landscape area provided shall be
shown on all preliminary and final landscape plans.
All rows of parking spaces shall contain no more than ten parking
spaces uninterrupted by a required landscaped island which shall
measure inside the curb not less than eight feet in width and at least
eight feet in length and at least 100 square feet in area. At least one
tree shall be planted in each island. These islands shall not be used as
retention areas or as swales. These tree requirements shall be met
with existing native trees whenever such trees are located within the
parking area and may be feasibly incorporated into the landscaping.
Where existing trees are retained in landscape islands, the amount of
parking spaces in that row may be increased to 15. A parking stall shall
be no farther than 50 feet from a tree, measured to the tree trunk.
Interior landscaping areas shall serve to divide and break up the
expanse of paving at strategic points and to provide adequate shading
of the paved area, Perimeter landscaping shall not be credited toward
interior landscaping,
All rows of parking spaces shall be bordered on each end by curbed
landscaped islands as shown in Figure 4.06.03 8. below, Terminal
Landscape Islands, Each terminal island shall measure inside the curb
not less than eight feet in width and extend the entire length of the
single or double row of parking spaces bordered by the island. Lay on
curbing shall not be permitted. A terminal island for a single row of
parking spaces shall be landscaped with at least one canopy tree. A
terminal island for a double row of parking spaces shall contain not
less than two canopy trees, The remainder of the terminal island shall
be landscaped with sod, ground covers or shrubs or a combination of
any of the above,
Page 117 of 247
NoT."
IIUI.....
a
<.... /, I
I
1r!l-!!a~Mf;ra
- -
DO THIS~
IUILGIIG
I
I
.. lab. .oB'" I .....
DON'T DO THIS~
figure 4.06.03 B. - Terminal Landscape Islands
Page 118 of 247
Interior landscaping areas shall be provided within the interior of all
VEHICULAR USE AREAS. Landscaped areas, wall STRUCTURES,
and walks shall require protection from vehicular encroachment
through appropriate wheel stops or curbs or other STRUCTURES.
Required landscape islands and perimeter planting beds shall be
graded to provide positive drainage. Curbing around landscape areas
shall include curb cuts wher~ necessary so as not to inhibit positive
drainage,
Interior landscaping areas shall meet the requirements of sections
4,06.05 G, and 4,06,05 J, Alternative designs may be approved that
achieve equivalent results subject to approval by the planning services
director,
2, Vehicular overhang of landscape areas. See section 4.05,04,
Exhibit A.
3. Green space required in SHOPPING CENTERS and freestanding
retail establishments with a FLOOR AREA greater than 40,000 square
feet. An area that is at least seven percent of the size of the
VEHICULAR USE AREAS must be developed as green space within
the FRONT Y ARD(S) or courtyards of SHOPPING CENTERS and
retail establishments and must be in addition to the BUILDING
perimeter planting area requirements, The courtyards must only be
located in areas that are likely to be used by pedestrians visiting the
SHOPPING CENTER and retail establishment. The seven percent
green space area must be in addition to other landscaping
requirements of this division, may be used to meet the OPEN SPACE
requirements (section 4.02.01), and must be labeled "Green Space" on
all SUBDIVISION and site plans. (Refer to section 5.05.08,
Architectural and Site Design Standards and Guidelines for
Commercial BUILDINGS and Projects,) The interior landscape
requirements of these projects must be reduced to an amount equal to
five percent of the VEHICULAR USE AREA on site, Green space must
be considered areas designed for environmental, scenic or
noncommercial recreation purposes and must be pedestrian-friendly
and aesthetically appealing, Green space may only include the
following: lawns, mulch, decorative plantings, nonprohibited exotic
trees, walkways within the interior of the green space area not used for
shopping, fountains, manmade watercourses (but not water retention
areas) , wooded areas, park benches, site lighting, sculptures,
gazebos, and any other similar items that the planning service director
deems appropriate, Green space must include: walkways within the
interior of the green space area not used for shopping, a minimum of
one foot of park bench per 1,000 square feet of BUILDING area, The
Page 119 of 247
""f'll'lR
green space area must use existing trees where possible and
landscaping credits will be allowed as governed by table 4.06.04 0,
The green space areas must be located in areas that are in close
proximity to the retail shopping area. Benches may also be located in
interior landscaped areas and 75 percent of the benches 'may be
located ADJACENT to the BUILDING envelope along paths, walkways
and within arcades or malls,
4. Landscaping required forsection 5.05.08 BUILDINGS over 20,000
square feet.
The following requirements will be counted toward the required
greenspace and OPEN SPACE requirements of this Chapter of this
Code,
a. Trees in VEHICULAR USE AREAS must be a minimum of 14 to
16 feet height with a six- to eight-foot spread and a three- to
four-inch caliper and must have a clear trunk area to a height of
six feet.
b, The first row of landscape islands located closest to the
BUILDING front and sides must be landscaped with trees,
palms, shrubs and groundcovers and must have a clear trunk
area to a height of seven feet.
C, Landscaping standards for RIGHTS-Of-WAY and median strips
1, Median strips. Median strips which are part of the publicly
dedicated or deeded RIGHT-Of-WAY shall not be utilized for any
purpose other than by the county or a public utility. When an
APPLICANT desires to beautify a public median strip in a
SUBDIVISION he may do so in accordance with the guidelines
established in this section 4.06,00 of this Code to allow placing of
grass, shrubs and trees in general within the median strip under a
RIGHT-Of-WAY permit after submission and approval of landscaping
plans, Selection of landscaping within the public or private median
shall be based on accepted traffic safety standards and the prevention
of interference with maintenance requirements of utilities within a
median, Upon completion of the median improvements, the
landscaping shall be maintained by a property owners' association, a
CONDOMINIUM association, cooperative association, or other like or
similar entity.
2. SUBDIVISION or land development en trance ways. SUBDIVISION
or DEVELOPMENT entranceways consisting of habitable or
unhabitable STRUCTURES, walls, fences, gates, rock piles or the like
are not permitted within the median strip of a publicly dedicated
Page 120 of 247
RIGHT-Of-WAY. Decorative entranceways may be constructed upon
property ADJACENT to a RIGHT-Of-WAY in compliance with this
Code and shall be placed so as to not interfere with any cross-corner
or stopping sight distance or constitute a traffic hazard, Any
improvements within private RIGHTS-Of-WAY shall not be placed
over any underground improvements without the prior written consent
of the intended owner of the improvements, Upon completion of the
entranceway, all improvements shall be maintained by the property
owners' association, CONDOMINIUM association, cooperative
association, or other similar entity.
4.06.04 Trees and Vegetation Protection
A. Generally
1, Clearing, grading and filling:
Clearing of woody vegetation requires a permit except that owners of
LOTS with an existing single family home other than in Golden Gate
Estates may remove non-native and native woody vegetation without
permits unless specimen trees are involved. A minimum number of
required native trees shall be maintained as required by section
4,06.05 A.
- -- - --._------
a, Permitted removal of vegetation:
i. SUBDIVISIONS: Residential, commercial or industrial
SUBDIVISIONS, upon approval of construction drawings
for the entire project or any given phase thereof, may
clear for the construction of the infrastructure within that
phase. Road RIGHTS-Of-WAY, and drainage and utility
EASEMENT areas may be cleared,
a) Water management areas requiring excavation
permits may be cleared upon issuance of an
excavation permit and a required separate vegetation
removal permit.
b) Individual single family LOTS or BLOCKS of LOTS
may not be cleared unless a separate vegetation
removal and site filling permit (VRSFP) is obtained as
required by section 4.06.04 A,1,a,3.
ii. Site DEVELOPMENT plans (SDPs):
a) Commercial and industrial: Approval of a commercial
or industrial SOP or SIP includes permission to clear
Page 121 of 247
for all infrastructure improvements and for the
BUILDING pad as shown on the approved SDP.
b) Residential SDPs: Approval of a residential SOP
includes permission to clear for infrastructure only. .
Clearing and filling of BUILDING sites is not permitted
unless a separate vegetation removal and site filling
permit is obtained as required by section 4.06,04
A.1.a,3,
3, Vegetation removal and site filling permits (VPSFPs):
a) A developer will be permitted to clear up to 25 acres
of residential, commercial, or industrial LOTS to store
excess fill generated by lake excavations within the
PUO or project where the excavation is taking place,
b) An approved SOP or an approved plat must exist for
the PARCEL on which the fill is to be stored.
c) The application to "clear and fill" in order to store
excess fill must be accompanied by a plan drawn on
the approved SOP or plat, showing the following:
i) The limits of each separate stockpile must be
clearly delineated and the area, height, cross-
section, and volume of each individual stockpile
must appear on the drawing referenced to the
stockpile. Slopes must not be steeper than a ratio
of 4:1,
ii) The type of vegetation to be removed must be
shown on the drawing.
iii) The source of the material, such as lake number
(lake #) for each stock-pile must be indicated on
the drawing.
iv) Clearing to store excess fill will be permitted in
maximum blocks of 25 acres at a time. When a
25-acre BLOCK is nearing capacity, permission to
excavate additional 25-acre BLOCKS may be
applied for.
d) To allow for safety during tree removal, if a
developer owns contiguous single family lots, the
trees on the single family lots directly ADJACENT to
a LOT where a house is under construction may be
removed, if removal at a future date may be a danger
Page 122 of 247
to life or property, A VRSFP must be granted prior to
removal of these trees,
e) Revegetation: For VRSFPs within SUBDIVISIONS, a
revegetation bond in the form of a performance bond,
letter of credit, or cash bond and in the amount of
$5,000.00 per acre must be posted,
f) When fill is used to bring BUILDING LOTS to desired
construction elevations, those lots shall immediately
be seeded, to prevent erosion and exotic seed
infestation,
g) Any stockpile in place for more than six months must
be sodded or hydroseeded, Failure to do so within 14
calendar days of notification by the county will result
in a fine of $10,00 per acre, per day,
h) In the event that any portion of the stockpile is in
place for two years, the county will order the fill to be
removed and the land to be revegetated,
I
i) The density and type of revegetation shall closely I
I
match nearby ecosystems, but shall not be less than i
64 trees per acre with associated mid-story and
groundcover.
2. Native Habitats
DEVELOPMENTS shall identify, protect, conserve, incorporate and
use native vegetative communities pursuant to Chapters 4 and 10 and
identify, protect and conserve wildlife habitat.
8, Protection of NATIVE VEGETATION on coastal barriers,
NATIVE VEGETATION retention or revegetation shall be in compliance
with the requirements of section 3,05,07 and shall incorporate at a
minimum the preservation and revegetation standards as follows:
1, NATIVE VEGETATION shall be preserved to the maximum extent
possible, To the extent that NATIVE VEGETATION cannot be retained
on-site and the remaining NATIVE VEGETATION can be
supplemented without degrading or damaging its natural function, then
the existing NATIVE VEGETATION shall be supplemented with
compatible vegetation on-site.
2, All beachfront land DEVELOPMENT projects shall be required to
revegetate the DUNE where the DUNE is devoid of coastal DUNE
vegetation,
3, All land DEVELOPMENT projects shall provide 100 percent native
Southern Floridian species within their required landscaping and
Page 123 of 247
._,^- ~
BUFFERING standards as established within this section 4.06,00.
4, Appropriate coastal DUNE or strand vegetation shall be required as
the only stabilizing medium in any coastal barrier DUNE or strand
vegetation restoration program,
D. Credit for Tree Preservation
Existing trees may be credited towards meeting the minimum tree planting
requirements according to the formula in table 4.06,04 0, Fractional
measurements shall be attributed to the next lowest category,
TABLE 4.06,04 D. CALCULATION OF TREE PRESERVATION CREDITS
Existing Crown or Diameter of Tree at = Number of Tree
Spread of Preserved 4,5 Feet Above Credits
Trees Natural Grade
50 feet or areater or 26 inches or oreater = 3
40 to 49 feet or 20 to 25 inches = 2
30 to 39 feet or 13 to 19 inches = 2
20 to 29 feet or 8 to 12 inches = 1*
10 to 19 feet or 2 to 7 inches = 1*
Less than 10 feet or 1 1/2 to 2 inches = 1*
*Credited against equivalent required tree only.
1, Trees excluded from preservation credit. No credit shall be given for
preserved trees which:
a, Are not located within the areas of the property for which trees
are required by the Code;
b. Are located in required natural preservation areas indicated on
an approved master land use plan, site DEVELOPMENT PLAN or
plat;
c. Are required to be preserved by federal, state or local law, such
as mangroves;
d. Are not properly protected from damage during the construction
process, as provided in section 4,06.05 C.10,;
e. Are prohibited species identified in section 4,06,05 C.8.;
f. Are dead, dying, diseased, or infested with harmful insects;
g, Are located in recreation tracts, golf courses or similar subareas
Page 124 of 247
within planned DEVELOPMENTS which are not intended to be
developed for residential, commercial or INDUSTRIAL USE (unless
ABUTTING said use, and the required BUFfER width is dedicated
on the plat as a LANDSCAPE BUffER EASEMENT); or
h, Are not located within the boundaries of the PARCEL.
4.06.05 General Landscaping Requirem~nts
A. Landscaping requirements for residential DEVELOPMENT
Landscaping for all new DEVELOPMENT, including single-family, two-
family, multifamily and MOBILE HOME DWELLING UNIT, shall include, at
a minimum, the number of trees set forth below. Areas dedicated as
preserves and conservation areas shall not be counted to meet the
requirements of this section, Existing trees and other minimum code
required landscaping may be credited to meet these requirements
pursuant to section 4,06.05 E. Trees shall meet the requirements of
section 4,06,05 C. Existing residential DEVELOPMENT that does not
meet the minimum landscaping requirements of this Code shall be
required to install the required landscaping before a certificate of
occupancy is granted for any improvements to the property.
1. Residential DEVELOPMENTS. One canopy tree per 3,000 square
feet of LOT area, or two canopy trees per LOT, whichever is greater,
with the maximum number required: 15 trees per LOT.
2. Multifamily DEVELOPMENTS. One canopy tree per 2,000 square
feet of pervious site area excluding preserves. This is in addition to
other requirements.
B, Landscaping requirements for industrial and commercial
DEVELOPMENT
1. Industrial and commercial DEVELOPMENTS. One canopy tree per
3,000 square feet of pervious site area, or one canopy tree per LOT,
whichever is greater.
2, Communication TOWERS. An eight-foot high, 100 percent
architecturally finished opaque wall must screen the security fencing
that surrounds a TOWER base, In addition, landscaping must be
located on the outside of such wall. The hedge requirement must also
be planted around any ground level guy anchors. The entire perimeter
of this wall shall be landscaped in at least one of the following ways so
as to provide the equivalent of minimum code size trees located 25
feet on center and a three-foot high hedge planted three-feet on
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"N_
center.
a. If NATIVE VEGETATION is present within the PARCEL, a
minimum 20 foot wide BUffER strip must be preserved and used
toward meeting the tree and hedge planting requirement.
b, If NATIVE VEGETATION is present, but not dense enough
to meet the equivalent of ~he tree and hedge requirements, it must
be supplemented with plantings to meet the tree and hedge
requirements,
c, On sites where no NATIVE VEGETATION is present, a 15
foot wide LANDSCAPE BUffER with minimum code size trees
located 25 feet on center and a three foot high hedge planted three
feet on center must be planted,
At the discretion of the county landscape architect, some or all of
these LANDSCAPE BUffERING requirements may be displaced
to a RIGHT-Of-WAY LANDSCAPE BUffER located within the
PARCEL when it better serves the public interest of screeninm the
communication TOWER, I
3, Littoral shelf planting area (LSPA). All DEVELOPMENTS that
create lake areas shall provide a littoral shelf planting area in
accordance with section 3.05,10.
4. BUILDING foundation planting areas. All SHOPPING CENTER,
retail, office, apartments, CONDOMINIUMS, clubhouses and similar
uses must provide BUILDING foundation planting in the amount of ten
percent of proposed BUILDING ground level fLOOR AREA. These
planting areas must be located ADJACENT to the primary public
BUILDING entrance(s) and/or primary STREET elevation and must
consist of landscape areas, raised planters or planter boxes that are a
minimum of five-feet wide, These areas must be landscaped with
trees and/or palms in the amount of one tree or palm equivalent per
250 square feet; shrubs and ground covers other than grass. Water
management areas must not be a part of this planting area. Parking
LOT islands will not count towards this requirement.
5, BUILDING foundation planting requirements for tall BUILDINGS
greater than 3 stories or 35 feet in height; and/or section 5.05.08
BUILDINGS with a footprint greater than 20,000 square feet and/or
parking garage STRUCTURES. Note: BUILQINGS subject to the
requirements of this section are not subject to the requirements of the
previous section 4,06.05 B.3.
a, The minimum width of BUILDING foundation planting areas
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must be measured from the base of the BUILDING and must re
to the ADJACENT BUILDING's wall height as herein definec
follows:
Adjacent BUILDING's Wall Height: Foundation Planting Width
(contiguous around perimeter of
BUILDING):
BUILDING height wall less than 35 1 0 feet
feet
BUILDING wall height between 35 15 feet
feet and 50 feet.
BUILDING wall height greater than 20 feet.
50 feet.
b, Trees required by this section must be of an installed size
relating to the ADJACENT BUILDING's wall height, as defined
below:
BUILDING's Tree Height Tree Canopy Palm
Wall Height (feet) Spread (feet) Height
(feet) (feet)
35 to 50 14 to 16 7 16
greater than 16 to 18 8 20
50
C, Plant Material Standards
1. Quality. Plant materials used to meet the requirements of
section shall meet the standards for Florida No. 1 or better, as set
in Grades and Standards for Nursery Plants, part I and par
Department of Agricultural, State of Florida (as amended), Root
sizes on all transplanted plant materials shall also meet ~
standards.
At least 75 percent of the trees and 50 percent of the shrubs use
fulfill these requirements shall be native Southern Floridian specie~
determined by accepted valid scientific reference, For sites that
north and east of U,S. Highway 41, at least 35 percent of the sh
used to fulfill these requirements shall be native Floridian specie~
determined by accepted valid scientific reference, "Native Trees
Shrubs for Collier County List" is available for reference, For prop<
land DEVELOPMENT projects on coastal SHORELINES ar
undeveloped and developed coastal barrier islands, all reql
landscaping shall be 100 percent native Southern Floridian specie~
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In addition, for all sites, at least 75 percent of the trees and shrubs
used to fulfill these requirements shall be drought-tolerant species as
listed in the Xeriscape Plant Guide and Native Trees and Trees for
South Florida (IFAS). Reference to be used in the native determination
may include, but not be limited to:
Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida,
Small, J.K" 1933, A Manual of the Southeastern Flora,
Wunderlin, R.P., 1982, Guide to the Vascular Plants of Central Florida,
Where xeric plants are to be utilized, use the South Florida Water
Management District, Xeriscape Plant Guide (as amended) as a
reference,
2, Trees and palms. All required new individual trees, shall be species
having an average mature spread or crown of greater than 20 feet in
the Collier County area and having trunk(s) which can be maintained in
a clean condition over five feet of clear wood, Trees ADJACENT to
walkways, bike paths and RIGHTS-Of-WAY shall be maintained! in a
clean condition over eight feet of clear wood. Trees having an average
mature spread or crown less than 20 feet may be substituted by
grouping the same so as to create the equivalent of 20-foot crown
spread. For code-required trees, at least 50 percent of the trees at the
time of installation shall be a minimum of ten feet in height, have a 1
3/4-inch caliper (at 12 inches above the ground) and a four-foot
spread. The remaining code-required canopy trees, at the time of
installation, shall be at least eight feet in height, have a 1 1/2-inch
caliper (at 12 inches above the ground) and a three-foot spread.
A grouping of three palm trees will be the equivalent of one canopy
tree. Exceptions will be made for Roystonea spp. and Phoenix spp.
(not including roebelenii) which shall count one palm for one canopy
tree, Palms may be substituted for up to 30 percent of required canopy
trees with the following exceptions. No more than 30% of canopy trees
may be substituted by palms (or palm equivalent) within the interior of
a VEHICULAR USE AREA and within each individual Type D road
RIGHT -Of-W A Y LANDSCAPE BUffER, Palms must have a
minimum of ten feet of clear trunk at planting.
All new trees, including palms, shall be of a species having an average
mature height of 15 feet or greater.
3. Tree species mix. When more than ten trees are required to be
planted to meet the requirements of this Code, a mix of species shall
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be provided, The number of species to be planted shall vary according
to the overall number of trees required to be planted. The minimum
number of species to be planted are indicated below,
REQUIRED SPECIES MIX
Required Number Minimum Number
of Trees of Species
11--20 2
21--30 3
31--40 4
41+ 5
4, Shrubs and hedges. Shrubs shall be a minimum of 24 inches in
height above the ADJACENT pavement surface required to be
BUfFERED and/or screened when measured at time of planting,
grown in a three-gallon container, and be spaced 18 to 36 inches on
center, They shall be at least 36 inches in height within 12 months of
time of planting and shall be maintained at a height of no less than 36
inches above the ADJACENT pavement required to be BUffERED
and/or screened in perpetuity, except for visibility at intersections and
where pedestrian ACCESS is provided. Hedges, where required, shall
be planted in double staggered rows and maintained so as to form a
continuous, unbroken, solid visual screen within a minimum of one
year after time of planting. Where BUffERING and/or screening is
required, shrubs shall be planted and maintained at a height as
specified in section 4.06,02 C. of this Code, except where STREET
visibility is required. Double staggered rows of hedges shall be
required only in type D BUffERS,
5, Ground covers. Ground cover shall be installed in a manner which
presents a finished appearance and complete coverage, Stone, gravel,
or any artificial ground cover shall not be utilized for more than 20
percent of the landscaped area. Use of native ground covers is
encouraged.
6, Organic mulch requirements. A two-inch minimum layer after
watering-in of organic mulch shall be placed and maintained around all
newly installed trees, shrubs, and ground cover plantings, Each tree
shall have a ring of organic mulch no less than 12 inches beyond its
trunk in all directions. No more than 25 percent by volume of the mulch
used on a site may be cypress mulch.
7, Lawn grass, Grassed areas shall be planted with species normally
grown in permanent lawns common to the Collier County area.
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--- --..
Grassed areas may be sodded, plugged, sprigged, or seeded provided
solid sod shall be used in swales or other areas subject to erosion and
provided further, in areas where other than solid sod or grass seed is
used, nursegrass seed shall be sown for immediate ground coverage
until permanent coverage is achieved. The use of drought-tolerant
species is advised.
8, Site-specific plant material. Trees and other vegetation shall be
planted in soil and climatic conditions which are appropriate for their
growth habits, The County Manager or his designee shall review and
approve land plans based on the following criteria, Required plants
used in the landscape design shall be:
a. Appropriate to the conditions in which they are to be planted
(including drought, salt and cold tolerance),
b. Have noninvasive growth habits,
c. Encourage low maintenance.
d. Be otherwise consistent with the intent of this division,
9, Non code trees. The following plant species may be planted but
shall not count towards required code trees:
a. Eucalyptus spp, (eucalyptus),
b, Grevillea robusta (silk oak),
10, Control species. The following plant species shall not be planted
within 500 feet of conservation EASEMENTS and retained natural
vegetation areas:
a. Broussonetia papyrifera (paper mulberry).
b. Wedelia trilobata (wedelia),
11. Landscape BERMS. All perimeter landscape BERMS over two
feet in height shall meet or exceed the minimum standards as set forth
herein, All grassed BERMS shall have side slopes no greater than four
to one. BERMS planted with ground cover and landscaping shall have
side slopes no greater than three to one, The toe of the slope shall be
set back a minimum of five feet from the edge of all RIGHT -Of-W A Y
and property lines, Existing NATIVE VEGETATION shall be
incorporated into the BERMS with all slopes fully stabilized and
landscaped with trees, shrubs, and ground cover. Landscape BERMS
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shall not be placed within EASEMENTS without written approval from
all entities claiming an interest under said EASEMENT,
a. Landscape BERMS located adjacent to Interstate 75 RIGHT-
OF-WA Y (1-75). BERMS located ADJACENT to the 1-75 RIGHT-
Of-WAY may be reduced to a maximum slope of 2: 1, Such
BERMS shall be planted with native ground cover over an erosion
control fabric, and native ~r.ees placed at 25 feet on center, equal in
height to the height of the BERM and located within a minimum ten-
foot wide level planting area.
12, Plants used for Mitigation according to the procedures set out in
Chapters 4 and 10.
a. All plants used for mitigation shall be native Florida species.
b, All plants used for mitigation shall be from a legal source and
be graded Florida No, 1 or better, as graded by the Florida
Department of Agriculture and Consumer Services' Grades and
Standards for Nursery Plants (Charles S, Bush, 1973, Part 1 and
2), All plants not listed in Grades and Standards for Nursery Plants
shall conform to a Florida No, 1 as to: (1) health and vitality, (2)
condition of foliage, (3) root system, (4) freedom from pest or
mechanical damage, (5) heavily branched and densely foliated
according to the accepted normal shapes of the species or sport.
Trees shall be a minimum of 14 feet tall at the time of planting and
shall have a minimum dbh (DIAMETER AT BREAST HEIGHT) of
three inches,
c. The plants proposed for planting must be temperature
tolerant to the areas they are to be planted in, The South Florida
Water Management District's Xeriscape Plant Guide II shall be
used in determining the temperature tolerances of the plants,
d. The existing soil types shall be identified. Plants proposed
for planting shall be compatible with the soil type, The 1954 or the
1992 soil survey of Collier County shall be used to determine if the
plants proposed for planting are compatible with the existing or
proposed soil types,
e. The source and method of providing water to the plants shall
be indicated on the plan and subject to review and approval.
f. A program to control PROHIBITED EXOTIC VEGETATION
in the mitigation area shall be required.
D. Existing Plant Communities
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Existing plant communities and ecosystems shall be maintained in a
natural state and shall not be required to be irrigated, Native plant areas
that are supplements to an existing plant community or newly installed by
the APPLICANT shall be irrigated on a temporary basis only during the
period of establishment from a temporary irrigation system, water ,truck, or
by hand watering with a hose,
1, Existing plant material. In meeting the requirements of landscaping,
the planning services director may permit the use of healthy native
plant material existing on-site. In so doing, the planning services
director may adjust the application of the standards of these
regulations to allow credit for such existing plant material, provided, he
may not permit the reduction of required percentages of a landscaped
area or reduction in numbers of trees or shrubs required, unless
otherwise allowed pursuant to section 4.06,05 E. Removal of
vegetation is subject to the vegetation removal, protection, and
preservation section (contained in this section),
2. All new DEVELOPMENT shall retain existing NATIVE
VEGETATION to the maximum extent possible. Existing NATIVE
VEGETATION shall be retained unless stormwater management
design, necessary GRADE changes, required infrastructure or
approved construction footprints necessitate its removal. The need to
remove existing vegetation shall be demonstrated by the APPLICANT
as a part of the site/construction plan review process, Areas of retained
vegetation shall be preserved in their entirety with all trees, understory,
and ground covers left intact and undisturbed provided that prohibited
exotic plant materials as defined herein are to be removed,
3, During construction, all reasonable steps necessary to prevent the
destruction or damaging of existing vegetation shall be taken, No
excess soil, additional fill, equipment, liquids, or construction debris
shall be placed within the dripline of any vegetation that is required to
be preserved, or that will be credited towards the required landscaping.
4, Protective barriers shall be installed and maintained beyond the
dripline of all retained vegetation unless site improvements prohibit
installation of barriers beyond the dripline, and shall remain in place for
the duration of the construction process phase.
E. Prohibited Plant Materials
1. Prohibited species. The following plant species shall not be planted:
a. Enterolobium cyclocarpum (ear tree).
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b, Melia azedarach (Chinaberry tree),
c. Bischofia javanica (bishopwood).
d, Scaevola frutescens (Australian inkberry).
e, Dalbergia sissoo (Indi~f) rosewood),
f. Sapium sebiferum (Chinese tallow tree),
g. Ardisia elliptica (shoe button ardisia).
h, Ficus microcarpa/Ficus nitida (laurel fig/Cuban laurel),
This list shall be subject to revision as exotic plant species are
determined to be noxious, invasive, cause environmental
degradation to native habitats, or to be detrimental to human
health, safety, or the public welfare.
I
2. Prohibited exotic species. In addition to the prohibitions outlined in
section 4.06.05 E. above, the species enumerated in section 3.05.08
or seeds thereof shall not be grown, offered for sale, or transported
inter-county or intra-county.
3. Prohibited exotic plants. All prohibited exotic plants, as defined in
this Chapter as well as Chapter 3, shall be removed during each phase
of construction from DEVELOPMENT areas, OPEN SPACE areas,
and preserve areas pursuant to this Chapter as well as Chapter 3.
Following site DEVELOPMENT, a maintenance program shall be
implemented to prevent reinvasion of the site by prohibited exotic
species. This plan shall describe control techniques and inspection
intervals, shall be filed with, and be approved by, the DEVELOPMENT
services director prior to approval of the improvement plans and final
SUBDIVISION plat. Flexibility, in the form of area tradeoffs or
mitigation, may be allowed in the determination of areas within
DEVELOPMENTS to be preserved.
4, Native habitats. DEVELOPMENTS shall identify, protect, conserve,
incorporate and use native vegetative communities pursuant to
Chapter 3 and identify, protect and conserve wildlife habitat.
F, Requirements to remove prohibited plant materials
For these requirements, see section 3.05.08 'of this code,
G, Installation requirements for plant materials
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_._-- .-- .-"
Prior to the issuance of any certificate of occupancy for a use required to
provide landscaping and irrigation in accordance with this section, all
required landscaping and irrigation shall be installed and in place as set
out in the plans approved under Chapter 10 of the Code, All plant
materials must be installed in accordance with accepted landscape
practices in the area and meet the plant material standards contained in
section 4.06.05 C, Plant materials shall be installed in soil conditions that
are conducive to the proper growth of the plant material.
Limerock located within planting 'areas shall be removed and replaced with
native or growing quality soil before planting, A plant's growth habit shall
be considered in advance of conflicts which might arise (i,e. views,
signage, overhead power lines, lighting, circulation, etc.). Trees shall not
be placed where they interfere with site drainage, subsurface utilities, or
overhead utility lines, or where they shall require frequent pruning in order
to avoid interferences with overhead power lines. Tree and parking lot /
pole lighting locations shall be designed so as not to conflict with one
another. Parking lot / pole lighting shall not be located in landscape
islands with trees and shall be located a minimum of 12.5 feet from the
trunk of a tree, (See Figure x below),
Page 134 of 247
COMPATIBLE TREE AND LIGHTING DESIGN
Figure X Compatible Tree and Lighting Design
Trees shall not be planted in areas that retain excessive quantities of
water or will require excessive amounts of fill placed over the root system
that will affect the health of the tree species, Required landscaping shall
not be placed within EASEMENTS without written approval from all
entities claiming an interest under said EASEMENT,
All trees and palms shall be properly guyed, braced and/or staked, at the
time of planting to ensure establishment of the tree or trees and erect
growth. Nail staking or other methods that cause cosmetic or biological
damage to the tree are prohibited. Trees shall be re-staked within 24
hours in the event of blow-over or other failure of the staking and guying.
Staking shall be removed between six and 12 months after installation.
All required landscaping shall be installed in accordance with plans
approved under Chapter 10 of the Code. Landscaping within a
SUBDIVISION DEVELOPMENT shall be guaranteed by a SUBDIVISION
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completion bond in accordance with Chapter 10 governing the final
platting of SUBDIVISION,
All required landscaping shall be maintained in a healthy condition in
perpetuity as per the approved BUILDING and site plans. Code
Enforcement may investigate deficiencies in approved landscaping and
institute corrective action to insure compliance with this Code,
',.
In instances where an act of God or conditions outside the control of the
APPLICANT have prevented immediate installation, the planning services
director, if furnished with a statement which includes good and sufficient
evidence that states that the required plantings will be installed when
conditions permit, may issue a temporary certificate of occupancy. If the
required plantings are not installed when conditions permit, then the
county may revoke the certificate of occupancy,
H, Location requirements for plant materials
1, Signage located within/adjacent to LANDSCAPE BUFFER area. All
trees and shrubs located within LANDSCAPE BUffER shall be
located so as not to block the view of signage as shown in Figure
4,06,05 H, below, Signage ADJACENT to LANDSCAPE BUFfER.
SIGN locations shall be shown on the landscape plan and 100 square
feet of landscaping shall be provided as required by section 5,06,01,
Where specimen trees exist, the signage SETBACK location may be
administratively reduced per the requirements of section 5.06,00 of this
Code required plantings shall progress in height away from the
STREET.
Page 136 of 247
'" /
10-1~'
Londscape
Bll '~.r
Shrub and
Ground Cover
Areo
Ac.ccasO/fc;lY
figure 4.06.05 H. - Signage ADJACENT to LANDSCAPE BUffER
I. Standards for landscape BERMS
All perimeter landscape BERMS over two feet in height shall meet or
exceed the minimum standards as set forth herein, All grassed BERMS
shall have side slopes no greater than four to one, BERMS planted with
ground cover and landscaping shall have side slopes no greater than
three to one, The toe of the slope shall be set back a minimum of five feet
from the edge of all RIGHT-OF-WAY and property lines, Existing NATIVE
VEGETATION shall be incorporated into the BERMS with all slopes fully
stabilized and landscaped with trees, shrubs, and ground cover.
Landscape BERMS shall not be placed within EASEMENTS without
written approval from all entities claiming an interest under said
EASEMENT,
1. Landscape BERMS located adjacent to Interstate 75 RIGHT-OF-
WA Y (1-75). BERMS located ADJACENT to the 1-75 RIGHT-Of-WAY
may be reduced to a maximum slope of 2:1. Such BERMS shall be
planted with native ground cover over an erosion control fabric, and
native trees placed at 25 feet on center, equal in, height to the height of
the BERM and located within a minimum ten-foot wide level planting
area.
Page 137 of 247
----,-^ ---
J, Maintenance of landscaping
1. Pruning. Vegetation required by this Code shall only be pruned to
promote healthy, uniform, natural growth of the vegetation except
where necessary to promote health, safety, and welfare and shall be in
accordance with the current Tree, Shrub, and Other Woody Plant
Maintenance - Standard Practices ANSI A300 II of the National Arborist
Association, Trees shall not be severely pruned in order to
permanently maintain growth'at a reduced height or spread, Severely
pruned trees shall be replaced by the owner. A plant's growth habit
shall be considered in advance of conflicts which might arise (Le.
views, signage, overhead power lines, lighting, circulation,
SIDEWALKS, BUILDINGS, and similar conflicts).
2. Maintenance. The owner shall be responsible for the continued
maintenance and upkeep of all required landscaping so as to present a
healthy plant in a condition representative of the species. Tree and
Palm staking shall be removed between six and 12 months' after
installation. All landscapes shall be kept free of refuse, debris, disease,
pests, and weeds and shall be fertilized and irrigated to maintain plants
in a healthy condition. Special maintenance requirements necessary to
preserve the landscape architect's design intent shall be noted ory the
planting plan. Ongoing maintenance to prohibit the establishment of
prohibited exotic species is required, Any plant materials of whatsoever
type or kind required by these regulations shall be replaced within 30
days of their demise and/or removal. Code Enforcement will inspect
areas affected by this Code and issue citations for violations. If the
required corrective action is not taken within the time allowed, the
county may use any available means of enforcement to secure
compliance, These shall include, but not be limited to the following:
a, Prosecution before the Collier County Code Enforcement
Board;
b, Prosecution by the State Attomey's Office as provided by
Florida Statutes;
c. Withholding of any permit, construction plan approval,
certificate of occupancy, or inspection by the county;
d, Placing a lien on the property, to include all administrative,
legal, material and installation costs.
K. I rrigation system requirements
1. Cultivated landscapes. Cultivated landscape areas shall be
provided with an automatic irrigation system to improve the
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survivability of the required landscaping. Sprinkler heads irrigating
lawns or other high water demand areas shall be zoned separately
from those irrigating trees, shrubbery, ground cover, flowers, or other
reduced water requirement areas, Automatically controlled irrigation
systems shall be operated by an irrigation controller that is capable of
watering "high water" requirement areas at different frequencies and
duration than "low water requirement areas. Landscaping shall be
watered on an as-needed basis only,
Irrigation systems shall be designed for the zoning of high and low
water use areas, Heads shall be designed for 100 percent head-to-
head coverage unless specified by the manufacturer. These
requirements may be adjusted for retention areas. The irrigation
system shall be designed and installed in accordance with the Florida
Irrigation Society, Standards and Specifications for Turf and
Landscape Irrigation Systems (as amended). Irrigation systems
utilizing well water shall be designed and maintained in a manner
which eliminates staining of the BUILDING, walks, walls, and other site
improvements. All systems shall be designed to eliminate the
application of water to IMPERVIOUS AREAS, Irrigation systems, other
than drip or soaker hose systems, shall be operated between the hours
of midnight and 10:00 a,m., unless the operation of multiple zones
requires additional time. South Florida Water Management District
(SFWMD) or other utility company water use restrictions shall
supersede these requirements, There are no operational requirements
for irrigation systems utilizing effluent.
All new residential, commercial, and industrial DEVELOPMENTS shall
be irrigated by the use of an automatic irrigation system with controller
set to apply water in a manner consistent with this division. Moisture
detection devices shall be installed in all automatic sprinkler systems to
override the sprinkler activation mechanism during periods of
increased rainfall. Where existing irrigation systems are modified
requiring the acquisition of a permit, automatic activation systems and
overriding moisture detection devices shall be installed in compliance
with this section.
4.06.06 SPECIAL BUffER REQUIREMENTS FOR THE TTRVC ZONING
DISTRICT
A. Required BUFFERS, Visual screens are required in the following
areas:
1, TTRVC parks fronting on a highway shall provide and maintain a
clear area not less than 20 feet in width alongside and parallel to
the highway, There shall be an additional landscaped area of five
Page 139 of 247
^-.- ""--,
feet inside the entire length of the clear area. The landscape plan
for this area will be determined at time of submission of a site
DEVELOPMENT PLAN pursuant to Chapter 10. The entire clear
area and landscape area may be combined to achieve a visual
screen between the public road and the TTRVC park.
2. TTRVC parks ABUTTING lands zoned other than for such parks
shall be screened from slJch land by a BUffER strip at least 15
feet wide, in which ornamental screening composed of structural or
plant material shall be placed. Such screen shall be maintained at
all times and constructed in accordance with the landscape
provisions of section 4,06,00.
4.07.00 DESIGN STANDARDS fOR PLANNED UNIT DEVELOPMENTS
4.07.01 Unified Control
All land included for purpose of rezoning to a PUD zoning district shall be
owned or under the control of the APPLICANT, whether that APPLICANT
be an individual, partnership or corporation, or a group of individuals,
partnerships or corporations, I
4.07.02 Design Requirements
In addition to all general provisions and procedures established in in this
section , the following specific requirements, limitations and standards
shall apply to all PUD districts except that section 4.07,02 D. shall not
apply when there is no residential component within the PUD and section
4.07.03 shall not apply when there is no industrial component in the PUD,
A. Minimum area.
1, The minimum area required for a PUD shall be ten (10) contiguous
acres except as otherwise provided for within a specific zoning or
overlay district, or when located within an activity center or within
the urban fringe areas as designated on the future land use map of
the GMP where no minimum acreage requirements must be met.
2. For infill PARCELS, as defined in Chapter 1 and the GMP, the
minimum area required for a PUD shall be two (2) contiguous
acres, For purposes of the planned unit DEVELOPMENT district
only, the term "contiguousll shall include properties separated by
either an intervening planned or developed public STREET
RIGHT-Of-WAY; provided, however, no portion of such separated
properties shall be less than five (5) acres.
B, External relationships.
1, DEVELOPMENT within a PUD district shall be compatible with
established or planned uses of surrounding neighborhoods and
property,
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2, The PUD shall provide protection of the DEVELOPMENT from
potentially adverse surrounding influences and protection of the
surrounding area from potentially adverse influences generated by
or within the PUD. Fences, walls, or vegetative screening at the
boundaries of PUD districts shall be provided, at a minimum, in
accordance with the landscaping/BUfFERING requirements of
section 4.06,00 to protect residents from undesirable views,
lighting, noise, or other~dverse off-site influences, or to protect
residents of adjoining districts from similar possible influences from
within the PUD district.
3, In all cases, screening shall, at a minimum, be designed to protect
existing or potential first-floor residential occupant window levels.
4. Off-STREET parking areas for five (5) or more cars, service areas
for loading or unloading vehicles other than passengers, and areas
for storage and collection of trash and garbage shall be so
screened,
C, Internal relationships.
The DEVELOPMENT PLAN for a PUD district shall provide for safe,
efficient, convenient, and harmonious grouping of STRUCTURES, uses
and facilities, and for appropriate relation of space inside and outside
BUILDINGS to intended uses and structural features.
0, RESIDENTIAL DENSITY.
1, The overall maximum RESIDENTIAL DENSITY permissible or
permitted in a PUD shall be calculated by dividing the total number
of DWELLING UNITS by the total of gross acreage of the
proposed PUD excluding the acreage of the areas designated for
commercial, industrial, or other land use having an established
equivalent RESIDENTIAL DENSITY in this LDC,
2. The maximum DENSITY permissible or permitted in a PUD shall
not exceed the DENSITY permissible under the DENSITY rating
system, or applicable policies contained in the future land use
element. Land use intensities for nonresidential uses shall be
governed by provisions of the most similar use district or as
otherwise provided in these regulations,
3, The BCC may lessen DENSITY or intensity of DEVELOPMENT
when it has been determined that DEVELOPMENT to the
maximum DENSITY or intensity permissible in this section would:
a. Create inconvenient or unsafe ACCESS to the PUD; or
b, Create traffic congestion in the STREETS which adjoin or lead
to the PUD; or
c. Place a burden on parks, recreational areas, schools, and other
facilities which serve or are proposed to serve the PUD; or
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d, Be in conflict with the intent or provisions of the GMP; or
e, Create a threat to property or incur abnormal public expense in
areas subject to natural hazards; or
f. Be incompatible or inconsistent with surrounding neighborhoods
or areas; or
g. Otherwise be inappropriate.
E. Minimum dimensional standards,
1, Except as provided for within the industrial and neighborhood
VILLAGE CENTER component of this section, dimensional
standards within any tract or increment of the proposed PUD shall
conform to the minimum dimensional and other standards of the
zoning district to which it most closely resembles in type,
DENSITY, and intensity of use, Where there is uncertainty, the
more restrictive standards shall apply.
2. Variation from these minimum dimensional standards may be
approved if the PUD demonstrates unique or innovative design,
For purposes of this section, examples of unique and innovative
design may include, but are not limited to:
a. Providing usable COMMON OPEN SPACE within individual
tracts or increments to offset and compensate for decreases in
typical LOT sizes or YARD requirements.
b. Providing for public ACCESS to OPEN SPACE areas beyond
the boundaries of the property,
c. The use(s) occurring within the PUD are such that
COMPATABILlTY with surrounding uses can be assured by
applying different requirements than would be applicable under
another zoning district.
d, Providing places for public assembly such as parks and plazas
which are linked together and centrally located to ensure
accessibility,
e. Siting BUILDINGS and DWELLING UNITS to provide optimum
ACCESS to OPEN SPACE areas.
f, Providing for the integration and preservation of natural
resources with DEVELOPMENT, through conservation of
natural resources such as streams, lakes, fLOOD PLAINS,
groundwater, wooded areas and areas of unusual beauty or
importance to the natural ecosystem.
g, Providing certain personal services, offices and convenience
shopping goods to residents of the PUD having the effect of
reducing the number of vehicular trips for these purposes to
destinations outside of the PUD.
Page 142 of 247
3. Submission of schematic architectural drawings, site plans, floor
plans, elevations, and perspectives which shall graphically
demonstrate the proposed reduction in dimensional standards for
all proposed land use types and their ACCESSORY uses within
the PUD shall also be required to provide support documentation
for reduction in the minimum standards of the LDC,
4, Where required side YARD SETBACKS are permitted to be zero
(0), a site improvement plan, pursuant to Chapter 10, of this LDC
shall be approved prior to issuance of a BUILDING permit.
F. Off-STREET parking and off-STREET loading requirements shall be as
for comparable type, DENSITY and intensity of uses established in the
PUD, No parking spaces on or within any public or private road or
travelway shall be counted in fulfilling the required number of spaces.
Landscaping for vehicular areas shall be as established in section
4,06.00,
G. OPEN SPACE requirements.
1. USABLE OPEN SPACE shall include active and passive
recreation areas such as playgrounds, golf courses, lakes, both
natural and manmade, BEACH fRONT AGE, waterways, lagoons,
fLOOD PLAINS, nature trails, and similar OPEN SPACES, Open
water areas beyond the perimeter of the site, intemal STREET
RIGHTS-Of-WAY, DRIVEWAYS, off-STREET parking areas, and
off-STREET loading areas shall not be counted in determining
USABLE OPEN SPACE.
2, Within PUD districts composed entirely of residential DWELLING
UNITS and ACCESSORY USES, at least sixty (60) percent of the
gross area shall be devoted to USABLE OPEN SPACE.
3. Within PUD districts containing commercial, industrial and mixed
use including residential, at least thirty (30) percent of the gross
area shall be devoted to USABLE OPEN SPACE.
4, An appropriate percentage of the gross project area shall be
required to be dedicated to public use as USABLE OPEN SPACE
for all DEVELOPMENT after a determination by the BCC that a
public need exists for such public facilities and that the amount of
area dedicated is directly related to the impacts or needs created
by the proposed DEVELOPMENT.
H. The desirable natural, historic, or archaeological features of the site
including trees and other vegetation of consequence of a PUD district
shall be preserved and protected, The disturbance of terrain or
vegetation in a manner likely to significantly increase either wind or
water erosion within or ADJACENT to the PUD district is prohibited,
I. Within the residential portion of a PUD district, all utilities, including
telephone, television cable, and electrical systems, shall be installed
Page 143 of 247
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underground; provided, however, appurtenances to these systems
which require aboveground installation must be opaquely screened
and thereby may be exempted from these requirements; and primary
facilities providing service to the site of the DEVELOPMENT or
necessary to service areas outside the district may be exempted from
this requirement.
J. STREETS, drives, parking and service areas,
1, STREETS, drives, parking, and service areas shall provide safe
and convenient ACCESS to DWELLING UNITS and project
facilities, and for service and emergency vehicles and shall be
otherwise consistent with the Collier County Functional
Classification and Future Roadway Plans, as may be amended
from time to time.
2, STREETS shall be laid out and constructed so as not to require
excessive cuts or fills or to interfere with desirable drainage in or
ADJACENT to the district.
3, In addition, all major arteries as shown on the master plan of
DEVELOPMENT shall be limited ACCESS facilities and the only
vehicular ACCESS thereto shall be public STREETS unless
otherwise provided for within the approved PUD master plan,
4, Principal vehicular ACCESS points shall be designed to encourage
smooth traffic flow and minimize hazards to vehicular or pedestrian
traffic. Merging and turn lanes and/or traffic dividers shall be
required where existing or anticipated heavy traffic flows indicate
need, The interconnection of COLLECTOR and local STREETS
within the PUD to ADJACENT lands or DEVELOPMENTS shall be
required except where determined by the County Manager or
designee that an interconnection is not feasible or warranted due
to existing DEVELOPMENT patterns, transportation network
needs, or the like. Interconnection of local STREETS shall be
designed to discourage through traffic, and not adversely impact
local STREETS in the neighboring residential areas. Where
STREETS within the district intersect adjoining STREETS, visibility
triangle shall be maintained.
5, All STREETS or roads within the PUD shall be public unless
specifically identified and approved as private on the PUD master
plan, and shall comply with all requirements for STREETS and
roads as contained in section 4,03.00,
4.07.03 Special Requirements for Industrial Planned Unit DEVELOPMENTS.
A. Industrial PUDs are intended to implement the industrial under criteria
subdistrict as provided for in the urban designated areas on the future
land use map.
Page 144 of 247
1. The boundaries of the proposed PUD must be transitional,
therefore, requiring uses along the perimeter to be compatible with
noniNDUSTRIAL USES.
2, The project must have direct ACCESS to an ARTERIAL, or
COLLECTOR level STREET or higher designation roadway, with
an internal circulation system that prohibits industrial traffic from
traveling through predominately residential areas.
3. The PUD must have central water and sewer, and shall not
generate light, noise or odors so as to be incompatible with
surrounding land uses.
B. In industrial PUDs, no BUILDING or STRUCTURE, or part thereof
shall be erected, AL TERED or used, or land or water used, in whole or
in part, for other than as described below,
1. Permitted PRINCIPAL USES and STRUCTURES.
a. Corporate headquarters,
b. Laboratories.
c, Light manufacturing, processing and packaging,
I
d, Medical laboratories, clinics, treatment facilities and research
and rehabilitative centers,
e. Printing, lithographing and publishing,
f, Technological research, design and product DEVELOPMENT,
2, Permitted ACCESSORY uses and STRUCTURES.
a, ACCESSORY uses and STRUCTURES customarily associated
with the uses permitted in this district.
b, Recreational facilities such as a health spa, handball courts, or
other similar recreational activities.
c, RESTAURANTS, or offices available for use by employees of
businesses located within the permitted and ACCESSORY use
BUILDINGS.
d. CHILD CARE CENTERS.
e, Wholesale and storage as ACCESSORY to the PRINCIPAL
USE.
f, Retail sales and/or display areas as ACCESSORY to the
PRINCIPAL USE, not to exceed an area greater than ten
percent of the gross fLOOR AREA of the permitted
PRINCIPAL STRUCTURE.
C. DEVELOPMENT standards.
1. The land area requirements are shown in the following table.
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Table 20. land Area Re uirements for Industrial PUDs.
Minimum Area
acres
Minimum PUD 10
Minimum area for infill
arcels * 2
Minimum lot area 1
*Requires determination of COMPAT ABILITY.
2. The minimum LOT width ,is 150 feet.
3. Minimum YARD requirements are shown in the following table.
Table 21. Setback Re uirements for Industrial PUDs.
Yard Minimum Setback feet
Front 50
Side, ABUTTING
residentially zoned
ro ert 50
Side, all other
situations 20
Rear 50
4, The maximum height of STRUCTURES is sixty-five (65) feet,
except when ABUTTING residentially zoned property then thirty-
five (35) feet.
5. When required, a fence shall be of masonry, wood, concrete block,
or decorative iron or steel.
6. No outside storage or display shall be permitted. All manufacturing,
processing and packing shall be conducted within a fully enclosed
BUILDING.
7. Thirty (30%) percent of the gross PUD area shall be USABLE
OPEN SPACE.
8. Environmental controls, soundproofing, lighting and emission
controls shall be required to mitigate impacts of the
DEVELOPMENT on surrounding residential property.
4.07.04 Special Requirements for Mixed Use Planned Unit DEVELOPMENTS
Containing a Commercial Component.
A. Applicability
1, When a mixed use PUD containing a commercial tract or
increment is located outside of an activity center, and is intended
as a neighborhood VILLAGE CENTER offering personal services,
offices and convenience goods for reside.nts of the PUD, as
provided for in the PUD Neighborhood VilLAGE CENTER
subdistrict of the Future Land Use Element of the GMP, the
following list of uses, regulations, DEVELOPMENT standards, and
design guidelines shall apply,
Page 146 of 247
2. In addition to the above commercial uses, the neighborhood
VillAGE CENTER may also contain recreational facilities and
other amenities of the PUD, such as a clubhouse, community
center or day care center.
8, Design Standards
1. The gross acreage of the neighborhood VILLAGE CENTER shall
be sized in proportion to t,he number of housing units authorized in
the PUD as follows. The maximum size shall be fifteen (15)
contiguous acres.
Table 22. Maximum land Area in Neighborhood VILLAGE
CENTER
No. of Dwelling Units Maximum Size of
Neighborhood VILLAGE
CENTER (Acres)
250 throuah 400 1,50
401 throuah 550 2,50
551 throuoh 700 3.50
701 throuah 850 4,50
851 throuoh 1,000 5,50
1,001 throuah 1 ,150 6.75
1,151 throuoh 1,300 8.00
1,301 throuah 1 ,450 9.50
1 ,451 throuah 1,700 11.00
1,701 throuoh 1,850 12,50
1,851 throuah 2,000 14.00
2,001+ 15.00
2, The maximum fLOOR AREA RATIO for the commercial
component is 0.25.
3, The neighborhood VILLAGE CENTER shall be a unified, and
architecturally integrated, plan of DEVELOPMENT with common
ownership of all of the property that comprises the neighborhood
VILLAGE CENTER.
4, The following LOCATIONAL CRITERIA and functional operating
characteristics shall characterize the neighborhood VILLAGE
CENTER:
a, The neighborhood VILLAGE CENTER must be internally
located within the PUD such that the site has no direct ACCESS
to roads external to the PUD. The center must be located a
minimum of 660 feet from the nearest external roadway
providing ACCESS to the PUD, The center must be located a
minimum of 330 feet from the perimeter boundaries of the PUD,
b, The neighborhood VILLAGE CENTER shall be located within a
1,760 foot radius {one-third (1/3) mile} of at least eighty (80%)
percent of the total number of approved residential units.
Page 147 of 247
c. The neighborhood VILLAGE CENTER shall be pedestrian-
friendly meaning minimal dependency upon ACCESS by
automobiles and with location and design to encourage
pedestrian ACCESS, which shall be reflected in the pedestrian
walkway system for the entire PUO.
5. In recognition of the pedestrian-friendly design of the neighborhood
VILLAGE CENTER, as required in section 4.07.04 B.4.c., the
number of required off-STREET parking spaces shall only be fifty
(50%) percent of that required by section 4,05,04 of the LDC.
However, the number of off-STREET parking spaces provided
shall not exceed (75%) percent of that required by section 4.05.04,
In all other respects, off-STREET parking areas shall be designed
in accordance with the provisions of section 4.05,00 of this LOC.
6. The neighborhood VILLAGE CENTER shall be subject to, and in
compliance with, the design guidelines identified in section 5,05,08
of this LDC except as otherwise excepted or required herein.
7. SIGNS. A unified SIGN plan shall be submitted and made a part of
the approval for the neighborhood VILLAGE CENTER I site
DEVELOPMENT PLAN, The approved unified SIGN plan, will
establish signage specifications and will therefore become the
SIGN regulations that will apply to the neighborhood VILLAGE
CENTER, The unified SIGN plan shall adhere to section 5,06.00 of
this LOC, except that pole SIGNS are prohibited, SIGNS shall be
designed so that their size and location are pedestrian-oriented.
8, No commercial BUILDING construction in the neighborhood
VILLAGE CENTER shall be allowed until BUILDING construction
has commenced on at least thirty (30) percent of the residential
DWELLING UNITS in the PUO.
4.07.05 Special Requirements for Research and Technology Park Planned
Unit DEVELOPMENTS
DEVELOPMENT in research and technology parks shall comply with the
design requirements in the following table:
Table 23. Dimensional Standards for Research and Technology Park
PUDs
Desiqn Requirement
Minimum lot area 20,000 square feet
Minimum lot width for lots ABUTTING arterial or collector 250 feet
roads
Minimum lot width, all other lots 1 00 feet
Setbacks
Front yard 25 feet
Side yard, abutting residentially zoned property
Side yard, all other lots 25 feet
Rear yard 15 feet
All yards abuttinq reSidentially zoned or used 15 feet
Page 148 of 247
I property I 25 feet I
4.07.06 Provision of Polling Places.
A. At the time the BCC approves a zoning request to planned unit
DEVELOPMENT (PUD) or any other residential DEVELOPMENT
involving a project of more than 100 DWELLING UNITS, or at the time
the BCC approves a PUD amendment, any residential project which
will have a community recreation/public BUILDING/public room or
similar common facility, shall be required to provide polling places in
said community recreation/public BUILDING/public room if a polling
place is determined to be necessary by the BCe. The board shall
consider the recommendation of the supervisor of elections in reaching
such determination.
B, If a residential PUD or a residential project is a private
DEVELOPMENT with a restricted and/or monitored entrance which
limits ACCESS to residents of that DEVELOPMENT, their guests and
necessary maintenance workers, a polling place may be required by
the board to be provided in any community recreation/pu blic
BUILDING/public room or similar facility; however, the controlling entity
of that private DEVELOPMENT may limit the use of the polling places
to the residents of that private DEVELOPMENT,
C, This commitment shall be guaranteed through the following
mechanism: an agreement recorded in the official records of the clerk
of the circuit court of Collier County, which shall be binding upon any
and all successors in interest that acquire ownership of such commons
areas including, but not limited to, CONDOMINIUM associations,
homeowners' associations, or tenants' associations. This agreement
shall provide for said community recreation/public BUILDING/public
room or similar common facility to be used for a polling place if
determined to be necessary by the supervisor of elections. The
commitment also shall be included within the PUD document.
D. The supervisor of elections is responsible for arranging use of said
community recreation/public BUILDING/public room or other common
facility for a polling place with the entity who controls said common
facility prior to the election.
E, ACCESS to the polling place shall be provided to all individuals
arriving to vote or work at the polling place during official voting hours,
including the time required to establish the polling place, tabulate and
post the voting results
4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT
ST ANDARDS AND PROCEDURES
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4.08.01 Specific Definitions Applicable to the RLSA District
As used in the RLSA District Regulations, the terms below shall have the
following meanings, set forth below, to the exclusion of any meanings
ascribed to such terms in section 1.08,00:
A. Accessory DWELLING UNIT - a DWELLING UNIT that is
supplemental and subordinate to a primary dwelling on the same
premises, limited to 900 square feet.
B, Baseline Standards - Baseiine Standards are the allowable uses,
DENSITY, intensity and other land DEVELOPMENT regulations
assigned to land within theRLSA District by the GMP, Collier County
Land DEVELOPMENT Regulations and Collier County Zoning
Regulations in effect prior to July 25, 2000, and subject to the further
provisions of section 4,08.05.
C, BUILDING Height - Refers to the vertical extent of a BUILDING.
BUILDING height is measured in Stories.
D. BUILDING Height to STREET Width Ratio - The maximum height of
the tallest BUILDING divided by the width of the STREET. ! The
STREET width is the distance between two BUILDING fACADES1.
I
i
E. Civic and Institutional Uses - STRUCTURES developed for and/or
used by established organizations or foundations dedicated to public
service or cultural activities including the arts, education, government
and religion,
F. Compact Rural DEVELOPMENT (CRD) - Compact Rural
DEVELOPMENTS are a form of SRA that provide flexibility with
respect to the mix of uses and design standards, but shall otherwise
comply with the standards of a Hamlet or Village, A CRD may include,
but is not required to have permanent residential housing and the
services and facilities that support permanent residents, An example of
a CRD without permanent residential housing is an ecotourism village
that would have a unique set of uses and support services different
from a traditional residential village, It would contain transient lodging
facilities and services appropriate to eco-tourists, but may not provide
for the range of services necessary to support permanent residents.
G, Context Zones - Areas that establish the use, intensity and diversity
within a town, village or hamlet. Context zones specify permitted land
uses, FARs, BUILDING height, SETBACKS, and other regulating
elements to guide the establishment of the urban to rural continuum.
H. Designation - Application of the SSA or SRA concepts through a
formal application, review, and approval process as described in the
RLSA District Regulations.
Page 150 of 247
I. FSA - Flow way Stewardship Area - Privately owned lands delineated
on the RLSA Overlay Map, which primarily include privately owned
WETLANDS that are located within the Camp Keais Strand and
Okaloacoochee Slough, FSAs form the primary WETLAND flow way
systems in the RLSA District.
J, Hamlet - Hamlets are a form of SRA and are small rural residential
areas with primarily single-family housing and a limited range of
convenience-oriented services, Hamlets serve as a" more compact
alternative to traditional five (5)-acre LOT rural ,SUBDIVISIONS
currently allowed in the Baseline Standards.
K. HSA - Habitat Stewardship Area - Privately owned lands delineated
on the RLSA Overlay Map, which include both areas with natural
characteristics that make them suitable habitat for listed species and
areas without these characteristics, These latter areas are included
because they are located contiguous to habitat with natural
characteristics, thus forming a continuum of landscape that can
augment habitat values.
L. Landmark BUILDING - A prominent civic or institutional BUILDING
that creates a significant community feature, focal point, or terminating
vista,
M. Land Use - Land Cover Indices - One of the indices comprising the
Natural Resource Index Value of land, with values assigned based
upon land use and land cover characteristics as mapped using the
Florida Land Use, Cover, and Forms Classification System (FLUCCS)
(FOOT 1999), For purposes of assigning values, land use and land
cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621,
6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321,411,4119,425,
434,439,428); Group 3 (211, 212, 213, 214,221,222,241,242,243,
250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and
Group 4 (all others),
N, Land Use Layer (Layer) - Permitted and conditional land uses within
the Baseline Standards that are of a similar type or intensity and that
are grouped together in the same column on the Land Use Matrix,
O. Land Use Matrix (Matrix) - The tabulation of the permitted and
conditional land uses within the Baseline Standards set forth in Section
4.08,06 B.4" with each Land Use Layer displayed as a single column,
p, Listed Species Habitat Indices - One of the indices comprising the
Natural Resource Index Value, with values assigned based upon the
habitat value of the land for listed species, Index values are based on
documentation of occupied habitat as established by the intersect of
documented and verifiable observations of listed species with land
cover identified as preferred or tolerated habitat for that species, Land
mapped, using FLUCCS, as 310, 321, 411,425,428,434,617,6172,
Page 151 of 247
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621, 6218, 6219, 624, and 630 is deemed to be preferred or tolerated
habitat for panthers for the purpose of assigning a value for these
indices, An intersection of at least one data point establishing the
presence of a listed species within a geographic information system
(GIS) polygon of preferred or tolerated habitat for that species shall
result in the entire polygon being scored as occupied habitat.
a. Natural Resource Index (Index) - A measurement system that
establishes the relative naturaJ resource value of each acre of land by
objectively measuring six diff~rent characteristics of land and assigning
an index factor based on each characteristic. The sum of these six
factors is the Index value for the land. The six characteristics
measured are: Stewardship Overlay Delineation, Proximity, Listed
Species Habitat, Soils/Surface Water, Restoration Potential, and Land
Use/Land Cover,
R. Natural Resource Index Map Series (Index Maps) - The Rural Lands
Study Area Natural Resource Index Map Series adopted as part of the
GMP,
S, Natural Resource Index Value (Index Value) - The sum of the values
assigned to each acre, derived through the calculation of the values
I
assigned to each of the six (6) characteristics included in the Index:
T. Neighborhood Edge - A defining Context Zone that includes the least
intensity and diversity within the town, village or hamlet. The zone is
predominantly single-family residential and recreational uses. The
Neighborhood Edge may be used to provide a transition to adjoining
rural land uses.
U. Neighborhood General - A defining Context Zone that creates
community diversity with the inclusion of a mix of single and multi-
family housing, neighborhood scale goods and services, schools,
parks and other recreational uses, and OPEN SPACE,
V. Neighborhood Goods and Services Zone - Zone located within the
Neighborhood General Context Zone. These zones are intended to
provide convenient neighborhood scale retail and office use within
proximity to the residential uses in order to support community
walkability,
W,OPEN SPACE - OPEN SPACE includes active and passive
recreational areas such as parks, playgrounds, ball fields, golf courses,
lakes, waterways, lagoons, fLOOD PLAINS, nature trails, NATIVE
VEGETATION preserves, landscape areas, public and private
conservation lands, agricultural areas (not including STRUCTURES),
and water retention and management areas, BUILDINGS shall not be
counted as part of any OPEN SPACE calculation, Vehicular use
surface areas of STREETS, ALLEYS, DRIVEWAYS, and off-STREET
Page 152 of 247
parking and loading areas shall not be counted as part of any OPEN
SP ACE calculation,
X, PATHWAY - A defined corridor for the primary use of non-motorized
travel.
y, Post Secondary Institution Ancillary Uses - Any use or facility owned
by a public or private post secondary institution that is of a type
commonly found on publi~. or private post secondary institution
campuses.
Z, Proximity Indices - One of the indices comprising the Natural
Resource Index Value of land, with values assigned based upon the
proximity of the land to areas designated on the RLSA Overlay Map as
FSA, HSA, or WRA and to either public or private preserve lands, No
additional value shall be added under the Proximity Indices for land
that is within an FSA, HSA, WRA, or public or private preserve,
AA. Restoration Potential Indices - One of the indices comprising the
Natural Resource Index Value of land, with values assigned based
both upon the potential for restoration and the historic use or character
of the land as a large mammal corridor, connector WETLANDS and
flow way, wading bird habitat, or other listed species habitat.
BB, Restoration Zone - Privately owned lands delineated on the RLSA
Overlay Map that are located within 500 feet of an FSA, but are not
otherwise included in an HSA or WRA.
CC, RLSA District - Rural Lands Stewardship Area Zoning Overlay
District - The area generally depicted on the Future Land Use Map
and specifically depicted on the Official Zoning Atlas Map as the Rural
Lands Stewardship Area Overlay, including lands within the Immokalee
Area Study boundary of the Collier County Rural and Agricultural Area
Assessment referred to in the State of Florida Administration
Commission Final Order No. AC-99-002. The RLSA District generally
includes rural lands in northeast Collier County lying north and east of
Golden Gate Estates, north of the Florida Panther National Wildlife
Refuge and Big Cypress National Preserve, south of the Lee County
Line, and south and west of the Hendry County Line.
DO. RLSA Overlay Map - The map entitled "Collier County Rural &
Agricultural Area Assessment Stewardship Overlay Map," which
identifies those areas delineated as FSA, HSA, WRA, Restoration
Zone, and Open.
EE. RLSA District Regulations -LDC Section 4.08,00,
FF.Soils/Surface Water Indices - One of the indices comprising the
Natural Resource Index Value of land, with values assigned based
upon soil types classified using the following Natural Soils Landscape
Positions (NSLP) categories: Open Water and Muck Depression Soils
(NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category
Page 153 of 247
6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP
Categories 8, 9, and 11).
GG, Special Districts - An area dedicated for certain uses that cannot
be incorporated into one of the Context Zones, SpeCial . Districts
provide for the inclusion of unique uses and DEVELOPMENT
standards not otherwise defined in a context zone.
HH. SRA - Stewardship Receiving Area - A designated area within the
RLSA District that has been approved for the DEVELOPMENT of a
Hamlet, Village, Town or CRD and that requires the consumption of
Stewardship Credits.
II. SSA - Stewardship Sending Area - A designated area within the
RLSA District that has been approved for the generation of
Stewardship Credits in exchange for the elimination of one or more
Land Use Layers.
JJ, Stewardship Credit (Credit) - A transferable unit of measure generated
by an SSA and consumed by an SRA. Eight credits are transferred to
an SRA in exchange for the DEVELOPMENT of one acre of land as
provided in Section 4.08.06 8,
KK. Stewardship Credit Database - A database maintained by the
County that keeps track of all of the credit transactions (generation of
Credits through SSA designation and the consumption of credits
through SRA designation) approved by the County.
LL. Stewardship Credit System - A system that creates incentives to
protect and preserve natural resources and agricultural areas in
exchange for the generating and use of credits to entitle compact
forms of rural DEVELOPMENT. The greater the value of the natural
resources being preserved and the higher the degree of preservation,
the greater the number of credits that can be generated. Credits are
generated through the designation of SSAs and consumed through the
designation of SRAs.
MM, Stewardship Credit Worksheet - An analytical tool that manually
describes the Stewardship Credit calculation process including the
Natural Resource Index and Land Use Layer components, The
worksheet can be used to document proposed changes to the Index
component during the SSA and SRA designation processes.
NN. Stewardship Overlay Designation - One of the indices comprising the
Natural Resource Index Value of land, with values assigned based
upon the designation of the land on the RLSA Overlay Map as FSA,
HSA, WRA, or ACSC, or, where Land Use Layers 1 through 3 are
removed, Restoration Zone, Land that is designated as ACSC, as well
as FSA, HSA, or WRA shall receive value for the designation with the
higher value but shall not receive value for both designations.
Page 154 of 247
00. Story - That portion of a BUILDING included between a floor which is
calculated as part of the BUILDING'S habitable FLOOR AREA and the
floor or roof next above it.
PP. Story, Half - The designation of a space on the upper level of a
BUILDING in which the walls at the eaves are zero to four feet.
QQ. Town - Towns are a form of SRA and are the largest and most diverse
form of SRA, with a full range of housing types and mix of uses. Towns
have urban level services and infrastructure which support
DEVELOPMENT that is compact, mixed use, human scale, and
provides a balance of land uses to reduce automobile trips and
increase livability. Towns are comprised of several Villages and/or
neighborhoods that have individual identity and character.
RR. Town Center - A defining Context Zone that is intended to provide a
wide range of uses, including daily goods and services, culture and
entertainment, and residential uses within a Town, The Town Center is
an extension of the Town Core, however the intensity is less as the
Town Center serves as a transition to surrounding neighborhoods,
SS, Town Core - A defining Context Zone within a Town. The Town Core
is the most dense and diverse Context Zone with a full range of uses.
The Town Core is the most active area within the Town with uses
mixed vertically and horizontally,
TT, Village - Villages are a form of SRA and are primarily residential
communities with a diversity of housing types and mix of uses
appropriate to the scale and character of the particular village, Villages
are comprised of residential neighborhoods and shall include a mixed-
use VILLAGE CENTER to serve as the focal point for the community's
support services and facilities.
UU. VILLAGE CENTER - A defining Context Zone within a Village that is
intended to provide a wide range of uses including daily goods and
services, culture and entertainment, and residential uses.
VV. WRA - Water Retention Area - Privately owned lands delineated on
the RLSA Overlay Map, that have been permitted by the SFWMD to
function as agricultural water retention areas and that provide surface
water quality and other natural resource value,
4.08.02 Establishment of RLSA Zoning Overlay District. In order to implement
the RLSA District Regulations, an RLSA District, to be designated as "RLSAO" on
the official zoning atlas, is hereby established.
A. The lands included in the RLSA District and to which the RLSA District
Regulations apply are depicted by the following map:
Paoe 155 of 247
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B, Within the RLSA District, additional lands may be designated to
implement the stewardship credit system as follows:
1. Establishment of SSA designations. An RLSA District
classification to be known as SSAs, and to be designated on the
official zoning atlas by the symbol "A-RLSAO-SSA", is hereby
established, This overlay district classification will be used for those
lands within the RLSA District that are designated by the board of
county commissioners (BCC) as SSAs. The placement of this
designation shall be governed by the procedures as prescribed in
the RLSA District Regulations,
Page 156 of 247
2, Establishment of BRA designations. An RLSA District
classification to be known as SRAs, and to be designated on the
official zoning atlas by the symbol "A-RLSAO-SRA", is hereby
established, This overlay district classification will be used for those
lands within the RLSA District that are designated by the BCC as
SRAs, The placement of this designation shall be governed by the
procedures as prescribed in the RLSA District Regulations.
4.08.03 Establishment of land uses allowed in the RLSA District. Land uses
allowed within the RLSA District are of'two types: those allowed in the baseline
standards prior to designation of SSAs and SRAs, and; those uses provided for in
SSAs and SRAs after designation, The underlying land uses allowed within the
RLSA District are included in the baseline standards, Upon designation of SSAs and
SRAs pursuant to the RLSA District Regulations, the land uses allowed shall be as
provided in sections 4,08,06 and 4.08.07, respectively.
4.08.04 Implementation of Stewardship Credits
A. Establishment of a Stewardship Credit Database.
As part of the initial implementation of the RLSA Overlay, the County
Manager or designee shall cause to be developed a Stewardship
Credit Database to track the generation (by SSAs) and consumption
(by SRAs) of Stewardship Credits within the RLSA District. The
database shall be in an electronic fonn that can be linked to the RLSA
Overlay Map and can readily produce reports that will afford
convenient access to the data by the public. The database shall be
updated upon approval of an SSA or SRA Designation Application and
Credit Agreement.
B. Authorization to Establish a Stewardship Credit Trust. As part of the
implementation of the RLSA Overlay, the County may elect to acquire
Credits through a publicly funded program. Should the County pursue
this option, the County shall establish a Stewardship Credit Trust to
receive and hold Credits until such time as they are sold, transferred or
otherwise used to implement uses within SRAs. Nothing herein shall
preclude the County from pennanently "retiring" those credits received
or held.
C. DENSITY
Except as provided in herein, there shall be no change to the underlying
DENSITY and intensity of permitted uses of land within the RLSA District,
as set forth in the Baseline Standards, until a property owner elects to
utilize the provisions of the Stewardship Credit System pursuant to the
provisions of Section 4,08.04. No part of the Stewardship Credit System
shall be imposed upon a property owner without that owner's written
consent. It is the intent of the RLSA District Regulations that a property
owner will be compensated consistent with Policy 3,8 of the RLSA Overlay
Page 157 of 247
_._-
for the voluntary stewardship and protection of important agricultural and
natural resources. The Baseline Standards will remain in effect for all land
not subject to the transfer or receipt of Stewardship Credits,
D, Creation of Stewardship Credits/General. Stewardship, Credits
(Credits) may be created from any lands within the RLSA District from
which one or more Land Use Layers are removed, These lands will be
identified as SSAs. All privately owned lands within the RLSA District
are candidates for designation as an SSA. Land becomes designated
as an SSA upon petition by the property owner seeking such
designation as outlined herein, A Stewardship Agreement shall be
developed that identifies those land uses, which have been removed.
Once land is designated as an SSA and Credits or other compensation
is granted to the owner, no increase in DENSITY or additional uses
that are not expressly identified in the Stewardship Agreement shall be
allowed on such property.
E. Transfer of Stewardship Credits/General. Credits can be transferred
only to lands within the RLSA District that meet the defined suitability
criteria and standards set forth in Section 4.08.07 A.1. and that have
been designated as SRAs. The procedures for the establishment and
transfer of Credits and SRA designation are set forth herein.
Stewardship Credits will be exchanged for additional residential or non-
residential entitlements in an SRA on a per acre basis. SRA DENSITY
and intensity will thereafter differ from the Baseline Standards,
F. Allocation of Stewardship Credits/General. Stewardship Credits
generated from one SSA may be allocated to one or more SRAs, and
an SRA may receive Stewardship Credits generated from one or more
SSAs.
G, Five Year Comprehensive Review.
1. Many of the tools, techniques, and strategies of the RLSA Overlay
are new, innovative, and incentive-based and have yet to be tested
in actual implementation. Consequently, by June 2008 and at
such subsequent times as deemed appropriate by the BCC, the
County shall prepare and submit to DCA for review a
comprehensive analysis of the RLSA Overlay to assess the
participation and effectiveness of the RLSA Overlay
implementation in meeting the Goals, Objectives, and Policies of
the RLSA Overlay by utilizing the measures of review delineated in
Policy 1 .22. The County shall encourage public participation in the
review process through publicly noticed workshops and meetings
and through the solicitation of public input.
2. Subsequent to the June 2008 review, the RLSA Overlay and RLSA
District Regulations may be amended in response to the County's
assessment and evaluation of the participation in and effectiveness
of the Stewardship Credit System.
Page 158 of 247
3. The value, exchange rate, and use of Stewardship Credits shall be
governed by the RLSA Overlay and RLSA District Regulations in
effect at the time the SSA from which those credits are generated
is approved, The Restoration Stewardship Credits shall be
governed by the RLSA Overlay and RLSA District Regulations in
effect at the time that such Restoration Stewardship Credits are
authorized by the BCe.
4.08.05 Lands Within the RLSA DistrictPrior to SSA or SRA Designation.
All lands within the RLSA District have been delineated on the RLSA
Overlay Map, Unless and until designated as an SSA or SRA, lands within
the RLSA District shall remain subject to the Baseline Standards.
A. Baseline Standards, The Baseline Standards shall apply until lands
within the RLSA District are voluntarily designated as an SSA or SRA
and shall remain in effect for all land not subject to the transfer or
receipt of Stewardship Credits,
B. No increase in DENSITY or intensity within the RLSA District is
permitted beyond the Baseline Standards except in areas designated
as SRAs. Within SRAs, DENSITY and intensity may be increased
through the provisions of the Stewardship Credit System and, where
applicable, through the AfFORDABLE HOUSING DENSITY Bonus as
referenced in the DENSITY Rating System of the FLUE, and the
DENSITY and intensity blending provision of the Immokalee Area
Master Plan,
C. Lands Within the RLSA District Not Designated SSA or SRA Subject to
Special Environmental Standards. In order to protect water quality and
quantity and maintenance of the natural water regime in areas mapped
as FSAs on the RLSA Overlay Map prior to the time that they are
designated as SSAs under the Stewardship Credit Program,
Residential Uses, General CONDITIONAL USES, Earth Mining and
Processing Uses, and Recreational Uses (Layers 1-4) as listed in
Section 4.08.06 B, shall not be permitted in FSAs within the RLSA
District. CONDITIONAL USE ESSENTIAL SERVICES and
governmental ESSENTIAL SERVICES, except those necessary to
serve permitted uses or for public safety, shall only be allowed in FSAs
with a Natural Resource Stewardship Index value of 1,2 or less. In
order to protect water quality and quantity and maintenance of the
natural water regime and to protect listed animal and plant species and
their habitats in areas mapped as FSAs, HSAs, and WRAs on the
RLSA Overlay Map that are not within the ACSC, the use of such land
for a non-agricultural purpose under the Baseline Standards shall be
subject to environmental regulations implementing Policies 5.1 through
5,6 of the RLSA Overlay, which regulations shall be adopted by
December 13, 2003.
Page 159 of 247
-""-, --<.
4.08.06 SSA Designation.
Lands within the RLSA District may be designated as SSAs subject to the
following regulations:
A, Lands Within the RLSA District that can be Designated as SSAs. Any
privately held land within the RLSA District delineated on the RLSA
Overlay Map as FSA, HSA, WRA, Restoration, or Open,' may be
designated as an SSA, including lands within the ACSC.
1, May be within an SRA Bo'undary. A WRA, whether designated as
an SSA or not, may be contiguous to or surrounded by an SRA.
Should a WRA be used to provide water retention for an SRA, the
provisions of section 4.08.06 A.4,b, shall apply,
2, FSA Delineated Lands,
a, In the case where lands delineated as FSA are designated as
an SSA, at a minimum, Residential uses, General
CONDITIONAL USES, Earth Mining and Processing Uses, and
Recreational Uses (layers 1-4) as listed in the Land Use Matrix
shall be eliminated as permitted land uses,
I
b, CONDITIONAL USE ESSENTIAL SERVICES I and
governmental ESSENTIAL SERVICES, other than those
necessary to serve permitted uses or for public safety, shall
only be allowed in FSAs with a Natural Resource Stewardship
Index value of 1 ,2 or less,
c. Directional-drilling techniques and/or previously cleared or
disturbed areas shall be utilized for OIL AND GAS
EXPLORA TION and oil and gas field DEVELOPMENT, and
production activities in FSAs in order to minimize impacts to
native habitats when determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state
permit requiring compliance with the criteria established in the
Florida Adminstrative Code regardless of whether the FSA in
which OIL AND GAS EXPLORATION and oil and gas field
DEVELOPMENT and production activities is within the Big
Cypress Swamp. Nothing contained herein alters the
requirement to obtain CONDITIONAL USE permits for oil and
gas field DEVELOPMENT and production activities,
d. The elimination of the Earth Mining layer (Layer 3) shall not
preclude the excavation of lakes or other water bodies if such
use is an integral part of a restoration or mitigation program
within an FSA.
e, Once land in an FSA is designated as an SSA, no expansion of
Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7)
and no conversion of Agriculture Group 2 to Agriculture Group 1
shall be allowed beyond those land uses in existence or allowed
Page 160 of 247
.
by applicable permits as of the date that the SSA designation is
approved,
3. HSA Delineated Lands.
a, In the case where lands delineated as HSA are designated as
an SSA, at a minimum, Residential Land Uses (Layer 1), as
listed in the Matrix, shall be eliminated.
b, General CONDITIONAL USES, Earth Mining and Processing
Uses, and Recreational Uses shall be allowed only on HSA
lands with a Natural Resource Stewardship Index value of 1.2
or less,
c. In addition to the requirements imposed in the LDC for
approval of a CONDITIONAL USE, uses listed in b, above will
only be approved upon submittal of an EIS which demonstrates
that clearing of NATIVE VEGETATION has been minimized,
the use will not significantly and adversely impact listed species
and their habitats and the use will not significantly and
adversely impact AQUifERS. This demonstration shall be
made by establishing the following:
(1) Clearing of NATIVE VEGETATION shall not exceed 15% of
the NATIVE VEGETATION on the PARCEL.
(2) Priority shall be given to utilizing contiguous areas of
previously cleared land before native vegetated areas.
(3) BUFFERING to Conservation Land shall comply with
Section 4.08.07 J.6.1 O.
(4) Stormwater Management design shall base water control
elevations on seasonal high water elevations of
ADJACENT WETLANDS to protect WETLAND
hydroperiods in accord with the SFWMD Basis of Review.
(5) The area has a Listed Species Habitat Indices Value of 0.4
or less and no state or federal direct impact take permit is
required for the use,
(6) Activities that are the subject of an approved SFWMD
Environmental Resource Permit or Consumptive Use
Permit and that utilize best management practices
designed to protect groundwater from contamination from
allowable land uses are deemed not to significantly and
adversely impact AQUifERS,
d. As an alternative to the submittal of an EIS, the APPLICANT
may demonstrate that such use is an integral part of a State or
Federally approved restoration plan or mitigation program,
Page 161 of 247
--~.
e, CONDITIONAL USE ESSENTIAL SERVICES and
governmental ESSENTIAL SERVICES, other than those
necessary to serve permitted uses or for public safety, shall only
be allowed in HSAs with a Natural Resource Stewardship Index
value of 1.2 or less.
f. Asphaltic and concrete batch making plants are prohibited in all
HSAs,
g. Directional-drilling techniques and/or previously cleared or
disturbed areas shall be utilized for OIL AND GAS
EXPLORATION and oil and gas field DEVELOPMENT, and
production activities in HSAs in order to minimize impacts to
native habitats when determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state
permit requiring compliance with the criteria established in the
Florida Adminstrative Code regardless of whether the HSA in
which OIL AND GAS EXPLORATION and oil and gas field
DEVELOPMENT and production activities is within the Big
Cypress Swamp. Nothing contained herein alters the
requirement to obtain CONDITIONAL USE permits for oil: and
gas field DEVELOPMENT and production activities. 1
I
h, Golf Course design, construction, and operation in any HSA
shall comply with the best management practices of Audubon
International's Gold Program and the Florida DEP, which
standards shall be adopted by December 13, 2003.
i. Once land in an HSA is designated as an SSA, no expansion of
Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7)
and no conversion of Agriculture Group 2 to Agriculture Group 1
shall be aI/owed beyond those land uses in existence or allowed
by applicable permits as of the date that the SSA designation is
approved.
4. WRA Delineated Lands.
a, In the case where lands delineated as WRA are designated as
an SSA, at a minimum, Residential Land Uses (Layer 1), as
listed in the Matrix, shall be eliminated as permitted land uses,
b, During permitting to serve new uses within an SRA, additions
and modifications to WRAs may be required, including but not
limited to changes to control elevations, discharge rates, storm
water pre-treatment, grading, excavation or fill. Such additions
and modifications shall be allowed subject to review and
approval by the SFWMD in accordance with best management
practices. Such additions and modifications to WRAs shall be
designed to ensure that there is no net loss of habitat function
within the WRAs unless there is compensating mitigation or
Page 162 of 247
restoration in other areas of the RLSA District that will provide
comparable habitat function, Compensating mitigation or
restoration for an impact to a WRA contiguous to the Camp
Keais Strand or Okaloacoochee Slough shall be provided
within or contiguous to that Strand or Slough.
5, Restoration Zone Delineated Lands. To further direct other uses
away from and to provide additional incentive for the protection,
enhancement, and resto~ation of the Okaloacoochee Slough and
Camp Keais Strand, when lands within a Restoration Zone are
designated as an SSA and at least Land Use Layers 1 through 3
are eliminated as permitted uses, such Restoration Zone shall
receive a Stewardship Overlay Designation value of 0,6,
B. SSA Credit Generation - Stewardship Credit System.
Stewardship Credits (Credits) are created from any lands within the RLSA
District from which one or more Land Use Layers are removed and that
are designated as SSAs. Once land is designated as an SSA and Credits
or other compensation consistent with Policy 3.8 of the RLSA Overlay is
granted to the owner, no increase in DENSITY or additional uses not
expressly identified in the Stewardship Agreement shall be allowed on
such property. A methodology has been adopted in the GMP for the
calculation of credits based upon: 1) the Natural Resource Index Value of
the land being designated as an SSA, and 2) the number of land use
layers being eliminated,
1, Early Entry BONUS CREDITS. Early Entry BONUS CREDITS are
hereby established to encourage the voluntary designation of
SSAs within the RLSA District. The bonus shall be in the form of
an additional one Stewardship Credit per acre of land designated
as an SSA that is within an HSA located outside of the ACSC and
one-half Stewardship Credit per acre of land designated as an
SSA that is within an HSA located inside the ACSC.
a. The early entry bonus shall be available until January 30,2009,
b, The early designation of SSAs and the resultant generation of
Stewardship Credits do not require the establishment of SRAs
or otherwise require the early use of Credits.
c. Credits generated under the early entry bonus may be used
after the termination of the bonus period,
d. The maximum number of Credits that can be generated under
the early entry bonus is 27,000.
e, Early Entry BONUS CREDITS shall not be transferred into or
otherwise used to entitle an SRA within the ACSC.
2. The Stewardship Credit Worksheet, adopted as Attachment "A" of
the GMP RLSA Goals, Objectives, and Policies, sets out the
mathematical formula that shall be used to determine the number
Page 163 of 247
-,
of credits available for each acre of land being considered for an
SSA.
3. Natural Resource Indices and Values, A set of Natural Resource
Indices has been established as part of the Stewardship Credit
Worksheet,
a. Natural Resource Indices.
Stewardship Overlay Designation
Proximity Indices
Listed Species Habitat Indices
Soils/Surface Water Indices
Restoration Potential Indices
Land Use - Land Cover Indices
b, Index Values. During the RLSA Study, based upon data and
analysis, each acre within the RLSA District was assigned a
value for each Index except for the Restoration Potential Index,
The Restoration Potential Index is assigned during the SSA
designation process if appropriate, and credit adjustments are
made at that time, I
i
c, Slough/Strand Index Score Upgrade. An index score upgrade is
hereby established as an incentive for the protection,
enhancement and restoration of the Okaloacoochee Slough and
Camp Keais Strand. All lands within 500 feet of the delineated
FSAs that comprise the Slough or Strand that are not otherwise
included in an HSA or WRA shall receive the same natural
index score (0,6) that an HSA receives, if such property is
designated as an SSA and retains only agricultural, recreational
and/or conservation layers of land use,
d. Index Map, A Natural Resource Index Map adopted as a part of
the RLSA Overlay, indicates the Natural Resource Stewardship
Index Value for all land within the RLSA District. Credits from
any lands designated as SSAs, shall be based upon the Natural
Resource Index values in effect at the time of designation. At
the time of designation, the Natural Resource Index
Assessment required in Section 4.08.06 C.3. shall document
any necessary adjustments to the index values reflected on the
Index Map. Any change in the characteristics of land due to
AL TERA TION of the land prior to the designation of an SSA
that either increases or decreases any Index Value shall result
in a corresponding adjustment in the credit value.
e, Restoration Potential Index Value, If the APPLICANT asserts
that the land being designated as an SSA has a Restoration
Potential Index Value of greater than zero (0), an evaluation of
the restoration potential of the land being designated shall be
Page 164 of 247
prepared by a qualified environmental consultant (per Chapter
10 of the LDC) on behalf of the APPLICANT and submitted as
part of the SSA Designation Application Package. In the event
that restoration potential is identified, the appropriate
Restoration Potential Index Value shall be determined in accord
with the Credit Worksheet. The credit value of each acre to
which the Restoration Potential Index Value is applied shall be
recalculated by adding the Restoration Potential. Index Value to
that acre's total Index Value.
f. Restoration Stewardship Credits. Restoration Stewardship
Credits are hereby established in addition to the Restoration
Potential Index Value, In certain locations there may be the
opportunity for flow way or habitat restoration such as locations
where flow ways have been constricted or otherwise impeded
by past activities or where additional land is needed to enhance
wildlife corridors, Restoration Stewardship Credits shall be
applied to an SSA subject to the following regulations:
(1) Priority has been given to restoration within the Camp
Keais Strand FSA or contiguous HSAs. Therefore, four
(4) additional Stewardship Credits shall be generated for
each acre of land dedicated by the APPLICANT for
restoration activities within any of the following areas: the
Camp Keais Strand FSA, contiguous HSAs, or those
portions of the Restoration Zone depicted on the RLSA
Overlay Map that are contiguous to the Camp Keais
Strand,
(2) Two (2) additional Stewardship Credits shall be generated
for each acre of land dedicated for restoration activities
within the Okaloacoochee Slough, contiguous HSAs, or
those portions of the Restoration Zone depicted on that are
contiguous to the Okaloacoochee Slough.
(3) The actual implementation of restoration improvements is
not required for the owner to receive such credits
referenced in (1) and (2) above,
(4) Lands designated "Restoration" shall be restricted to
Agriculture - Group 2 and CONSERVATION USES and all
natural areas shall be maintained in their existing natural
condition until such time as restoration activities occur.
Upon completion of restoration, the land shall be managed
in accordance with the applicable restoration permit
conditions, which may impose furt~er restriction on the
allowed use of the property,
(5) If the APPLICANT agrees to complete the restoration
improvements and the eligibility criteria below are satisfied,
Page 165 of 247
_._~- ---~
four (4) additional Stewardship Credits shall be authorized
at the time of SSA designation, but shall not become
available for transfer until such time as it has been
demonstrated that the restoration activities have met
applicable success criteria as determined by the permitting
or commenting agency authorizing said restoration, One
or more of the following eligibility criteria shall be used in
evaluating an APPLICANT'S request for these additional
Restoration Stewardship Credits:
'..
(a) FSA and/or HSA lands where restoration would
increase the width of flow way and/or habitat corridors
along the Camp Keais Strand or Okaloacoochee
Slough so that, in the opinion of the APPLICANT'S
environmental consultant and County environmental or
natural resources staff , there will be functional
enhancement of the flow way or wildlife corridor;
(b) FSA and/or HSA lands where restoration would
increase the width of flow way and/or habitat corridors
within two miles of existing public lands so that, in the
opinion of the APPLICANT'S environmental consultant
and County environmental or natural resources staff,
there will be a functional enhancement of the flow way
or wildlife corridor;
(c) Documentation of state or federal listed species
utilizing the land or a contiguous PARCEL;
(d) Lands that could be restored and managed to provide
habitats for specific listed species (e.g" gopher
tortoise, Big Cypress fox squirrel, red-cockaded
woodpecker, etc,), or;
(e) Occurrence of a land PARCEL within foraging
distance from a wading bird rookery or other listed bird
species colony, where restoration and proper
management could increase foraging opportunities
(e.g" wood storks),
4, Land Use Layers to be Eliminated, A set of Land Use Layers has
been established as part of the Stewardship Credit Worksheet and
adopted as the Land Use Matrix set forth below. Each Layer
incorporates a number of the permitted or CONDITIONAL USES
allowed under the Baseline Standards. Each Layer listed below
has an established credit value (percentage of a base credit)
developed during the RLSA Study. At the time of designation
application, a landowner wishing to have his/her land designated
as an SSA determines how many of the Land Use Layers are to be
removed from the designated lands. A Land Use Layer can only
Page 166 of 247
be removed in its entirety (all associated activities/land use are
removed), and Layers shall be removed sequentially and
cumulatively in the order listed below.
a, Land Use Layers.
1 - Residential Land Uses
2 - General CONDITIONAL USES
3 - Earth Mining and Processing Uses
4 - Recreational Uses
5 - Agriculture - Group 1
6 - Agriculture - Support Uses
7 - Agriculture - Group 2
8 - Conservation, Restoration and Natural Resources
b. Land Use Matrix
Conservatio
Residenti General Earth Mining Recreation Agricultur Agricultur Agricultur n,
al Land CONDITIO and al Uses e Group 1 e - e Group 2 Restoration
Uses NAL USES Processing Support and Natural
Uses Uses Resources
Single- Family care Excavation, Golf Crop Farm labor Unimprove Wildlife
family facilities (P) extraction or courses raising; housing d pasture management,
dwelling, earthmining and/or golf horticultur (A) and plant and
incl. and related driving e; fruit and grazing, wildlife
Mobile processing ranges (CU) nut forestry conservancie
home (P) and production (P) s, refuges
production , groves; and
(CU) nurseries; sanctuaries
improved (P)
pasture
(P)
Mobile Collection Asphaltic and Sports Animal Retail sale Ranching; Water
homes and transfer concrete instructional breeding of fresh, livestock management,
[(P) in MH sites for batch making schools and (other than unprocess raising (P) groundwater
Overlay; resource plants (CU) camps (CU) livestock), ed recharge (P)
(A) as recovery raising, agricultural
temporary (CU) training, products;
use] stabling or grown
kenneling primarily
(P) on the
property
(A)
Private Veterinary Sporting Dairying, Retail Hunting Restoration,
boathouse clinic (CU) and beekeepin plant cabins mitigation (P)
s and recreational g; poultry nurseries (CU)
docks on camps (CU) and egg (CU)
lake, canal production
or , milk
waterway production
lots (A) (P)
Recreation Child care Aquacultur Packingho Cultural, Water supply,
al facilities centers and e for use or educationa wellfields (P);
intearal to adult day native similar I, or oil and aas
Page 167 of 247
'- .- ,~,_.~
residential care centers species agricultural recreation exploration
DEVELOP (P) and processing al facilities (P)
MENT, non-native of farm and their
e.g., golf species products related
course, (CU) produced modes of
clubhouse, on the transportin
community property g
center (A) participant
BUILDING s, viewers
and tennis or patrons;
facilities, .. tour
parks, operations
playgroun , such as,
ds and but not
playfields limited to
(A) airboats,
swamp
buggies,
horses
and similar
modes of
transportat
ion (CU)
Guesthous Zoo, The Sawmills Excavation Boardwalks,
es (A) aquarium, commercia (CU) and nature trails
aviary, I related (P)
botanical production processing
garden, or , raising or incidental
other similar breeding to Ag(A)
uses (CU) or exotic
animals
(CU)
Churches Wholesale Natural
and other reptile resources not
places of breeding otherwise
worship and raising listed (P)
(CU) - non-
venomous
(P) and
venomous
(CU)
Communica Essential
tions towers services (P
(P)(CU) and CU)
Social and Oil and gas
fraternal field
organization DEVELOPM
s (CU) ENT and
production
(CU)
Private
landing
strips for
general
aviation
(CU)
Page 168 of 247
Cemeteries
(CU)
Schools
(CU)
Group care
facilities,
ALF lCU)
Uses as listed in LOG- Rural Agricultural District
(P) PRINCIPAL USE, (a) ACCESSORY USE, (CU) ,CONDITIONAL USE
5, Matrix Calculation. The maximum number of credits generated
through designation as an SSA is established in a matrix
calculation that multiplies each Natural Resource Index Value by
the value of each Land Use Layer, thereby establishing a credit
value for each acre in the Overlay, weighted by the quality of its
natural resources, As Land Use Layers are removed, the sum of
the percentages of those Layers removed is multiplied by the
Natural Resource Index Values to determine the Stewardship
Credits to be generated by each acre being designated as an SSA.
" I
C. SSA Designation Application Package. A request to designate
lands(s) within the RLSA District as an SSA shall be made pursuaht to
the regulations of this Section, An SSA Application Package shall
include the following:
1. SSA Designation Application. A landowner or his/her agent,
hereafter "APPLICANT," shall submit a request for the designation
of SSA for lands within the RLSA District to the County Manager or
his designee, on an approved application form. The application
shall be accompanied by the documentation as required by this
Section.
2. Application Fee, An application fee shall accompany the
application.
3, Natural Resource Index Assessment. The APPLICANT shall
prepare and submit as part of the SSA Designation Application a
report entitled Natural Resource Index Assessment that
documents the Natural Resource Index Value scores, The
Assessment shall include a summary analysis that quantifies the
number of acres by Index Values, the level of conservation being
proposed, and the resulting number of Credits being generated.
The Assessment shall:
a, Verify that the Index Value scores assigned during the RLSA
Study are still valid through recent aerial photography or satellite
imagery, agency-approved mapping, or other documentation, as
verified by field inspections,
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.w~ -,"-.. -
b, if this Assessment establishes that the Index Value scores
assigned during the RLSA Study are no longer valid, document
the Index Value of the land as of the date of the SSA
Designation Application,
c, Establish the suggested "Restoration Potential" Index Value for
any acres as appropriate and provide evidence/documentation
supporting the suggested Index Value;
d. Quantify the acreage of agricultural lands, by type, being
preserved;
e. Quantify the acreage of non-agricultural acreage, by type, being
preserved;
f, Quantify the acreage of all lands by type within the proposed
SSA that have an Index Value greater than 1.2; and
g, Quantify all lands, by type, being designated as SSA within the
ACSC, if any.
4, Support Documentation. In addition, the following support
documentation shall be provided for each SSA being designated:
a. Legal description, including sketch or survey;
b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs,
etc" being put into the SSA;
c, RLSA Overlay Map delineating the area of the RLSA District
being designated as an SSA;
d. Aerial photograph(s) having a scale of one (1) inch equal to at
least 200 feet when available from the County, otherwise, a
scale of at least one (1) inch equal to 400 feet is acceptable,
delineating the area being designated as an SSA;
e, Natural Resource Index Map of area being designated as an
SSA;
f. FOOT Florida Land Use Cover and Forms Classification System
(FLUCCS) map(s) delineating the area being designated as an
SSA on an aerial photograph having a scale of one (1) inch
equal to at least 200 feet when available from the County,
otherwise, a scale of at least one (1) inch equal to 400 feet is
acceptable;
g, Listed species occurrence map(s) from United States Fish and
Wildlife Service, Florida Fish Wildlife Conservation Commission,
and Florida Natural Areas Inventory, delineating the area being
designated as an SSA;
Page 170 of 247
h, United States Department of Agriculture-Natural Resources
Conservation Service (USDA-NRCS) Soils map(s) delineating
the area being designated as an SSA;
i. Documentation to support a change in the related. Natural
Resource Index Value(s), if appropriate; and
j, Calculations that quantify the number of acres by Index Values,
the level of conserv,~tion being offered, and the resulting
number of credits being generated.
5, SSA Credit Agreement. Any landowner petitioning to have all or a
portion of land owned within the RLSA District designated as an
SSA and who is to obtain SSA credits for the land so designated
shall enter into a SSA Credit Agreement with the County. SSA
Credit Agreements entered into by and between a landowner and
the County shall contain the following:
a. The number of acres, and a legal description of all lands subject
to the SSA Credit Agreement;
b. A map or plan (drawn at a scale of 1"= 500') of the land subject
to the agreement which depicts any lands designated PSAs,
HSAs, or WRAs and the acreage of lands so designated; \
c, A narrative description of all land uses, including
CONDITIONAL USES, if any, that shall be removed from the
land upon approval of the SSA Credit Agreement;
d, Calculations that support the total number of SSA credits that
result from the Natural Resource Index Assessment;
e, A copy of the Stewardship EASEMENT, (or deed if a fee simple
transfer is proposed) applicable to the land, which shall be
granted in perpetuity and shall be recorded by the County upon
approval of the SSA Credit Agreement;
f, Land management measures;
g, Provisions requiring that, upon designation of land as an SSA,
the owner shall not seek or request, and the County shall not
grant or approve, any increase in DENSITY or any additional
uses beyond those specified in the SSA Credit Agreement on
the land;
h, Provisions requiring that, upon designation of land within either
an FSA or an HSA as an SSA, the owner shall not thereafter
seek or request, and the County shall not thereafter grant or
approve any expansion or conversion of agricultural land uses
in violation of sections 4.08.06 A.2 and A.3,;
i. Provisions regarding and ensuring the enforceability of the SSA
Credit Agreement; and
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..
j. If applicable, the number of credits to be granted for restoration
(Restoration Credits), together with the following information:
(1) A legal description of lands to be designated for restoration;
(2) A map depicting the land being designated as SSA, with the
lands to be dedicated for restoration, but which the
APPLICANT makes no commitment to undertake
restoration, identified as Restoration I ("R I"); and the lands
dedicated for restoration and for which the APPLICANT has
committed to carry out the restoration identified as
Restoration /I ("R /I");
(3) The number of Restoration Credits to be granted for the
lands designated R I and R II;
(4) A Restoration Analysis and Report, which shall include a
written evaluation of the restoration area's existing
ecological/habitat value and the necessary restoration
efforts required to reestablish original conditions; enhance
the functionality of WETLANDS or wildlife habitat; or
remove exotics so as to enhance the continued viability of
NATIVE VEGETATION and WETLANDS; and I
I
(5) When the restoration is to be undertaken by' the
APPLICANT, a Restoration Plan that addresses, at a
minimum, the following elements:
(a) Restoration goals or species potentially affected;
(b) Description of the work to be performed;
(c) Identification of the entity responsible for performing the
work;
(d) Work Schedule;
(e) Success Criteria; and
(f) Annual management, maintenance and monitoring,
6, Public Hearing for Credit Agreement. The SSA Credit Agreement
shall be approved by a resolution of the BCC at an advertised
public meeting by majority vote.
7, Recording of SSA Memorandum. Following approval by the
County, an SSA Memorandum shall be prepared and recorded in
the public records, together with the following portions or exhibits
of the SSA Credit Agreement as attachments:
a, The legal description of the lands subject to the SSA Credit
Agreement and the number of SSA Credits assigned to the land
designated as SSA, including lands designated for restoration, if
any, and the Restoration Credits assigned to such land;
b, The Stewardship EASEMENT Agreement on the SSA lands,
describing the land uses remaining on the land;
Page 172 of 247
c, A summary of the Restoration Plan, if restoration is to be
undertaken by the APPLICANT, to include the elements set
forth in Section 4,08,04 C.5,
8. Stewardship EASEMENT Agreement or Deed, The APPLICANT
shall prepare and submit a Stewardship EASEMENT Agreement in
all cases except when the property is being deeded in fee simple
to a "conservation/preservation agency,"
. a, The Agreement shall' impose a restrictive covenant or grant a
perpetual restrictive EASEMENT that shall be recorded for each
SSA, shall run with the land and shall be in favor of Collier
County and one or more of the following: Florida DEP, Florida
Department of Agriculture and Consumer Services, SFWMD, or
a recognized land trust.
b, The Stewardship EASEMENT Agreement shall identify the
specific land management measures that will be undertaken
and the party responsible for such measures.
c. In the event that the land being designated as an SSA is being
transferred to a conservation entity by fee simple title, a deed
shall be submitted in lieu of the Stewardship EASEMENT
Agreement.
D. SSA Application Review Process
1. Pre-application Conference with County Staff. Prior to the
submission of a formal application for SSA designation, the
APPLICANT shall attend a pre-application conference with the
County Manager or his designee and other county staff, agencies,
and officials involved in the review and processing of such
applications and related materials, If an SRA designation
application is to be filed concurrent with an SSA application, only
one pre-application conference shall be required. This pre-
application conference should address, but not be limited to, such
matters as:
a. Conformity of the proposed SSA with the goals, objectives, and
policies of the GMP;
b, Review of the Stewardship Credit Worksheet and Natural
Resource Index Assessment for the property;
c. Identification of the recognized entity to be named in the
covenant or perpetual restrictive EASEMENT, and;
d. Identification of the proposed land management measures that
will be undertaken and the party responsible for such measures.
2. Application Package Submittal and Processing Fees, The required
number of copies of each SSA Application and the associated
processing fee shall be submitted to the County Manager or his
Page 173 of 247
--- ----~~".- .-.-<<
designee. The contents of said application package shall be in
accordance with Section 4.08,06 C,
3. Application Deemed Sufficient for Review. Within fifteen (15)
working days of receipt of the SSA Application, the County
Manager or his designee shall advise the APPLICANT in writing
that the application is complete and sufficient for agency review or
advise what additional information is needed to find the application
sufficient. If required, the APPLICANT shall submit additional
information, Within tEm (10) working days of-, receipt of the
additional information, the County Manager or his designee shall
advise the APPLICANT in writing that the application is complete,
or, if additional or revised information is required, the County
manager shall again inform the APPLICANT what information is
needed, and the timeframe outlined herein shall occur until the
application is found sufficient for review,
4, Review by County Reviewing Agencies: Once the SSA application
is deemed sufficient, the County Manager or his designee will
distribute it to specific County staff for their review.
5, Designation Review. Within sixty (60) days of receipt ~f a
sufficient application, county staff shall review the submittal
documents and provide written comments, questions, and
clarification items to the APPLICANT. If deemed necessary by
county staff or the APPLICANT, a meeting shall be held to resolve
outstanding issues and confirm public hearing dates.
6. Designation Report. Within ninety (90) days from the receipt of a
sufficient application, county staff shall prepare a written report
containing their review findings and a recommendation of approval,
approval with conditions or denial. This timeframe may be
extended upon written agreement by the APPLICANT,
E. SSA Application Approval Process
1, Public Hearing. The BCC shall hold an advertised public hearing
on the proposed resolution approving an SSA Application and SSA
Credit Agreement. Notice of the Board's intention to consider the
Application and proposed SSA Credit Agreement shall be given at
least fifteen (15) days prior to said hearing by publication in a
newspaper of general circulation in the County. A copy of such
notice shall be kept available for public inspection during regular
business hours of the Office of Clerk to the BCC. The notice of
proposed hearing shall state the date, time and place of the
meeting, the title of the proposed resolution, and the place or
places within the County where the proposed resolution and
agreement may be inspected by the public. The notice shall
provide a general description and a map or sketch of the affected
land and shall advise that interested parties may appear at the
Page 174 of 247
meeting and be heard with respect to the proposed resolution,
The BCC shall review the staff report and recommendations and, if
it finds that all requirements for designation have been met, shall,
by resolution, approve the application, If it finds that one or more
of the requirements for designation have not been met; it shall
either deny the application or approve it with conditions mandating
compliance with all unmet requirements. Approval of such
resolution shall require ar:najority vote by the BCC.
2. Legal Description, Following the BCC's approval of the SSA
Application and SSA Credit Agreement, a legal description of the
land designated SSA, the SSA cred its granted, and the
Stewardship EASEMENT applicable to such lands, shall be
provided to the Collier County Property Appraiser and the
APPLICANT, and shall be recorded within thirty (30) days by the
APPLICANT in the public records,
3. Update the RLSA Overlay Map and Official Zoning Atlas. The
Official Zoning Atlas shall be updated to reflect the designation of
the SSA, Sufficient information shall be included on the updated
zoning maps so as to direct interested parties to the appropriate
public records associated with the designation, including but not
limited to Resolution number and SSA Designation Application
number. The RLSA Overlay Map shall be updated to reflect the
SSA designation during a regular growth management cycle no
later that twelve months from the effective date of the SSA
Agreement.
F. SSA Amendments. Collier County shall consider an amendment to an
approved SSA in the same manner described in this Section for the
designation of an SSA. Amendment(s) to approved SSAs shall only be
considered if the application removes one or more additional Land Use
Layers from the existing SSA. Under no circumstances shall Land Use
Layers, once removed as part of an SSA designation, be added back
to the SSA. The application to amend the SSA may be submitted as
part of an application to designate a new SSA provided such lands are
contiguous to the previously approved SSA and are under the same
ownership.
4.08.07 SRA Designation
SRA designation is intended to encourage and facilitate uses that enable
economic prosperity and diversification of the economic base of the RLSA
District, and encourage DEVELOPMENT that utilizes creative land use
planning techniques and facilitates a compact form of DEVELOPMENT to
accommodate population growth by the establishment of SRAs,
Stewardship Credits generated from SSAs are exchanged for additional
residential or non-residential entitlements in an SRA on a per acre basis
as set forth herein. DENSITY and intensity within the RLSA District shall
not be increased beyond the Baseline Standards except through the
Page 175 of 247
,,--
provisions of the Stewardship Credit System, the AffORDABLE
HOUSING DENSITY Bonus as referenced in the DENSITY Rating System
of the FLUE, and the DENSITY and intensity blending provision of the
Immokalee Area Master Plan, The procedures for the establishment and
transfer of Credits and SRA designation are set forth herein, Credits can
be transferred only to lands within the RLSA District that meet the defined
suitability criteria and standards set forth herein, Land becomes
designated as an SRA on th~., date that the SRA Credit Agreement
becomes effective pursuant to Section 4,08,05 0.11, Any change in the
RESIDENTIAL DENSITY or non-residential intensity of' land use on a
PARCEL of land located within an SRA shall be specified in the
resolution, which shall reflect the total number of transferable Credits
assigned to the PARCEL of land,
A. Lands Within the RLSA District that can be Designated as SRAs, All
privately owned lands within the RLSA District that meet the suitability
criteria contained herein may be designated as SRA, except lands
delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands
already designated as an SSA. WRAs may be located within the
boundaries of an SRA and may be incorporated into an SRA Master
Plan to provide water management functions for properties within ~uch
SRA, subject to all necessary permitting requirements.
1. Suitability Criteria. The following suitability criteria are established
to ensure consistency with the Goals, Objectives, and Policies of
the RLSA Overlay,
a. An SRA must contain sufficient suitable land to accommodate
the planned DEVELOPMENT,
b. Residential, commercial, manufacturing/light industrial, GROUP
HOUSING, and transient housing, institutional, civic and
community service uses within an SRA shall not be sited on
lands that receive a Natural Resource Index value of greater
than 1.2.
c, CONDITIONAL USE ESSENTIAL SERVICES and
governmental ESSENTIAL SERVICES, with the exception of
those necessary to serve permitted uses and for public safety,
shall not be sited on land that receives a Natural Resource
Index value of greater than 1,2, regardless of the size of the
land or PARCEL.
d. Lands or PARCELS that are greater than one acre and have an
Index Value greater than 1,2 shall be retained as OPEN SPACE
and maintained in a predominantly natural vegetated state.
e. OPEN SPACE shall also comprise a minimum of thirty-five
percent of the gross acreage of an individual SRA Town,
Village, or those CRDs exceeding 100 acres, Gross acreage
Page 176 of 247
includes only that area of DEVELOPMENT within the SRA that
requires the consumption of Stewardship Credits.
f. As an incentive to encourage OPEN SPACE, OPEN SPACE on
lands within an SRA located outside of the ACSC that ,exceeds
the required thirty-five percent retained OPEN SPACE shall not
be required to consume Stewardship Credits.
g. An SRA may be contiguous to an FSA or HSA, but shall not
encroach into such areas, and shall BUffER such areas as
described in Section 4,08.05(J)(6). An SRA may be contiguous
to, or encompass a WRA.
h, The SRA must have either direct ACCESS to a County
COLLECTOR or ARTERIAL ROAD or indirect ACCESS via a
road provided by the developer that has adequate capacity to
accommodate the proposed DEVELOPMENT in accordance
with accepted transportation planning standards.
2, SRAs Within the ACSC. SRAs are permitted within the ACSC
subject to limitations on the number, size, location, and form of
SRA described herein. Nothing within this Section shall be
construed as an exemption of an SRA from any and all limitations
and regulations applicable to lands within the ACSC. Lands within
the ACSC that meet all SRA suitability criteria shall also be
restricted such that credits used to entitle an SRA in the ACSC
must be generated exclusively from SSAs within the ACSC, No
early entry BONUS CREDITS can be used to entitle an SRA within
the ACSC.
a. The only forms of SRA allowed in the ACSC east of the
Okaloacoochee Slough shall be Hamlets and CRDs of 100
acres or less and the only forms of SRA allowed in the ACSC
west of the Okaloacoochee Slough shall be Villages and CRDs
of not more than 300 acres and Hamlets. Provided, however,
two SRAs, consisting of any combination of Villages or CRDs of
not more than 500 acres each, exclusive of any lakes created
prior to the effective date of this amendment as a result of
mining operations, shall be allowed in areas that have a
FRONT AGE on State Road 29 and that, as of the effective date
of the RLSA Overlay, had been predominantly cleared as a
result of Ag Group I (Layer 5) or Earth Mining or Processing
Uses (Layer 3).
b, The Town form of an SRA shall not be located within the ACSC,
8, Establishment and Transfer of Stewardship Credits. The procedures
for the establishment and transfer of Credits and SRA designation are
set forth herein, Stewardship Credits will be exchanged for additional
residential or non-residential entitlements in an SRA on a per acre
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. ,,~ -. -"--_.~.. --
basis, as described in Section 4.08,05 B.2. Stewardship DENSITY
and intensity will thereafter differ from the Baseline Standards,
1. Transfer of Credits. The transfer or use of Stewardship Credits
shall only be in a manner as provided for herein.
a. Stewardship Credits generated from any SSA may be
transferred to entitle any SRA, except where the SRA is within
the ACSC, in which case only Stewardship Credits that have
been generated from an SSA within the ACSC 'can be used to
entitle such SRA. No early entry BONUS CREDITS can be
used to entitle an SRA within the ACSC,
b. Credits can be transferred only to lands within the RLSA that
meet the defined suitability criteria and standards set forth
herein,
c. Stewardship Credits may be transferred between different
PARCELS or within a single PARCEL, subject to compliance
with all applicable provisions of these policies. Residential
CLUSTERING shall only occur within the RLSA District through
the use of the Stewardship Credit System, and other forms of
residential CLUSTERING shall not be permitted.
d. Stewardship Credits may be acquired from any credit holder
and transferred to an SRA subject to the limitations contained in
this Section,
e. Stewardship Credits may be acquired from a Stewardship Credit
Trust established pursuant to Section 4,08,01, and transferred
to an SRA subject to the limitations contained in this Section,
2, Stewardship Credit Exchange. Stewardship Credits shall be
exchanged for additional residential or non-residential entitlements
in an SRA on a per acre basis at a rate of eight (8) Stewardship
Credits per gross acre. Lands within an SRA greater than one
acre, with Index Values of greater than 1,2, shall be retained as
OPEN SPACE and maintained in a predominantly natural,
vegetated state, Any such lands within an SRA located outside of
the ACSC exceeding the required thirty-five (35) percent shall not
be required to consume Stewardship Credits.
3. Public Benefit Uses. The acreage within an SRA devoted to a
public benefit use shall not be required to consume Stewardship
Credits and shall not count toward the maximum acreage limits of
an SRA. For the purpose of this Section, public benefit uses are
limited to public schools (preK-12) and public or private post
secondary institutions, Post Secondary Institution Ancillary Uses,
community parks exceeding the minimum requirement of 200
square feet per DWELLING UNIT, municipal golf courses, regional
Page 178 of 247
parks, and governmental facilities excluding ESSENTIAL
SERVICES as defined in the LDC.
4, Mixed Land Use Entitlements, In order to promote compact, mixed
use DEVELOPMENT and provide the necessary support facilities
and services to residents of rural areas, the SRA designation and
the transfer of the Stewardship Credits allows for a full range of
uses, ACCESSORY USES and associated uses that provide a mix
of services to and are supportive to the residential population of an
SRA and the RLSA District. SRAs are intended to be mixed use
and shall be allowed the full range of uses permitted by the Urban
Designation of the FLUE, as modified by Policies 4.7, 4.7,1, 4.7.2,
4,7.3, 4,7.4 and RLSA Overlay Attachment C. Depending on the
size, scale, and character of an SRA, it shall be designed to
include an appropriate mix of retail, office, recreational, civic,
governmental, and institutional uses, in addition to residential uses,
C. Forms of SRA DEVELOPMENTS. SRA DEVELOPMENTS are a
compact form of DEVELOPMENT, which accommodate and promote
uses that utilize creative land use planning techniques, SRAs shall be
used to facilitate the implementation of innovative planning and flexible
DEVELOPMENT strategies described in 9 163.3177 (11), F,S. and
Rule 9J-5,006(5)(1), F.A.C. These planning strategies and techniques
are intended to minimize the conversion of rural and agricultural lands
to other uses while discouraging urban sprawl, protecting
environmentally sensitive areas, maintaining the economic viability of
agricultural and other predominantly rural land uses, and, providing for
the cost-efficient delivery of public facilities and services. Only the
following four specific forms of rural DEVELOPMENT in SRAs are
permitted within the RLSA District.
1. Towns. Towns are the largest and most diverse form of SRA, with
a full range of housing types and mix of uses. Towns have urban
level services and infrastructure which support DEVELOPMENT
that is compact, mixed use, human scale, and provides a balance
of land uses to reduce automobile trips and increase livability.
Towns shall be not less than 1,000 acres or more than 4,000 acres
and are comprised of several villages and/or neighborhoods that
have individual identity and character. Towns shall have a mixed-
use town center that will serve as a focal point for community
facilities and support services. T owns shall be designed to
encourage pedestrian and bicycle circulation by including an
interconnected SIDEWALK and PATHWAY system serving all
residential neighborhoods. Towns shall have at least one
community park with a minimum size of, 200 square feet per
DWELLING UNIT in the Town. Towns shall also have parks or
public green spaces within neighborhoods. Towns shall include
both community and neighborhood scaled retail and office uses, in
Paoe 179 of 247
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a ratio as provided in Section 4.08.05 J.1, Towns may also include
those compatible corporate office and light INDUSTRIAL USES as
those permitted in the Business Park and Research and
Technology Park Subdistricts of the FLUE. Towns shall be the
preferred location for the full range of schools, and to the extent
possible, schools and parks shall be located ADJACENT to each
other to allow for the sharing of recreational facilities. Towns shall
not be located within the ACSC.
2, Villages. Villages are primarily residential communities with a
diversity of housing types and mix of uses appropriate to the scale
and character of the particular village. Villages shall be not less
than 100 acres or more than 1,000 acres. Villages are comprised
of residential neighborhoods and shall include a mixed-use
VILLAGE CENTER to serve as the focal point for the community's
support services and facilities. Villages shall be designed to
encourage pedestrian and bicycle circulation by including an
interconnected SIDEWALK and PATHWAY system serving all
residential neighborhoods. Villages shall have parks or public
green spaces within neighborhoods. Villages shall include
neighborhood scaled retail and office uses, in a ratio as provided in
Section 4,08,05 J,1, Villages are an appropriate location for a full
range of schools. To the extent possible, schools and parks shall
be located ADJACENT to each other to allow for the sharing of
recreational facilities, The Village form of rural land
DEVELOPMENT is permitted within the ACSC subject to the
limitations of Section 4,08.05 A.2.
3. Hamlets. Hamlets are small rural residential areas with primarily
single-family housing and limited range of convenience-oriented
services, Hamlets shall be not less than 40 or more than 100
acres, Hamlets will serve as a more compact alternative to
traditional five-acre LOT rural subsections currently allowed in the
Baseline Standards, Hamlets shall have a public green space for
neighborhoods, Hamlets include convenience retail uses, in a ratio
as provided in Section 4,08.05 J.1, Hamlets may be an
appropriate location for pre-K through elementary schools. The
Hamlet form of rural land DEVELOPMENT is permitted within the
ACSC subject to the limitations of Section 4,08.05 A.2.
4. Compact Rural DEVELOPMENTS (CRDs), Compact Rural
DEVELOPMENT (CRD) is a form of SRA that will provide flexibility
with respect to the mix of uses and design standards, but shall
otherwise comply with the standards of a Hamlet or Village. A
CRD may include, but is not required' to have permanent
residential housing and the services and facilities that support
permanent residents. Except as described above, a CRD will
conform to the characteristics of a Village or Hamlet as set forth in
Page 180 of 247
Section 4,08,05 J.1, based on the size of the CRD. As residential
units are not a required use, those goods and services that support
residents such as retail, office, civic, governmental and institutional
uses shall also not be required, However for any CRD that does
include permanent residential housing, the proportionate support
services listed above shall be provided in accordance with the
standards for the most comparable form of SRA as described in
Section 4.08,05 C.2. or 3~
a. Size of CRDs limited: There shall be no more than five (5)
CRDs of more than 100 acres in size.
b, CRDs within the ACSC. The CRD form of rural land
DEVELOPMENT is permitted within the ACSC subject to the
limitations of Section 4.08.05 A.2.
5, Proportion of Hamlets and CRDs to Villages and Towns. In order
to maintain the correct proportion of Hamlets and CRDs of 100
acres or less to the number of Villages and Towns approved as
SRAs, not more than five (5) of any combination of Hamlets and
CRDs of 100 acres of less may be approved prior to the approval
of a Village or Town. In order to maintain that same proportion
thereafter, not more than five (5) of any combination of Harhlets
and CRDs of 100 acres of less may approved for each subsequent
Village or Town approved.
6. SRAs as Part of a DEVELOPMENT of Regional Impact (DRI),
SRAs are permitted as part of a DRI subject to the provisions of ~
380.06, F.S. and the RLSA District Regulations.
a.An SRA Designation Application may be submitted
simultaneously with a Preliminary DEVELOPMENT
AGREEMENT application that occurs prior to a DRI Application
for DEVELOPMENT Approval (ADA). In such an application,
the form of SRA DEVELOPMENT shall be determined by the
characteristics of the DRI project, as described in the PDA.
b, The DRI may encompass more than a single SRA Designation
Application. It is the intent of this Section to allow for the future
designations of SRAs within a DRI as demonstrated by the DRI
phasing schedule.
c, A DRI APPLICANT is required to demonstrate that:
(1) The APPLICANT has the necessary Stewardship Credits to
entitle the DRI as part of subsequent SRA Designation
Applications, or
(2) The APPLICANT owns or has a contract with an owner of
enough land that would qualify as SSAs to entitle the DRI as
part of subsequent SRA Designation Applications, or has the
ability to obtain the necessary Stewardship Credits to entitle
Page 181 of 247
the entire DRI as part of subsequent SRA Designation
Applications,
D, SRA Designation Application Package. A Designation Application
Package to support a request to designate land(s) within the RLSA
District as an SRA shall be made pursuant to the regulations of the
RLSA District Regulations. The SRA Application Package shall
include the follow:
1. SRA Designation Application, An application shall be submitted by
a landowner or his/her .a'gent, hereafter "APPLICANT," to request
the designation of an SRA within the RLSA District. The
Application shall be submitted to the County manager or his
designee, on a form provided. The application shall be
accompanied by the documentation as required by this Section,
2. Application Fee, An application fee shall accompany the
application.
3, Natural Resource Index Assessment. An assessment that
documents the Natural Resource Index Value scores shall be
prepared and submitted as part of the SRA Application, The
Assessment shall include an analysis that quantifies the number of
acres by Index Values. The Assessment shall:
a. Identify all lands within the proposed SRA that have an Index
Value greater than 1.2;
b, Verify that the Index Value scores assigned during the RLSA
Study are still valid through recent aerial photography or satellite
imagery or agency-approved mapping, or other documentation,
as verified by field inspections.
c. If the Index Value scores assigned during the RLSA Study are
no longer valid, document the current Index Value of the land.
d. Quantify the acreage of agricultural lands, by type, being
converted;
e.Quantify the acreage of non-agricultural acreage, by type, being
converted;
f. Quantify the acreage of all lands by type within the proposed
SRA that have an Index Value greater than 1,2;
g. Quantify the acreage of all lands, by type, being designated as
SRA within the ACSC, if any; and
h, Demonstrate compliance with the Suitability Criteria contained
in Section 4,08,05 A.1,
4. Natural Resource Index Assessment Support Documentation.
Documentation to support the Natural Resource Index Assessment
shall be provided for each SRA being designated to include:
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a. Legal Description, including sketch or survey;
b, Acreage calculations of lands being put into the SRA, including
acreage calculations of WRAs (if any) within SRA boundary but
not included in SRA designation;
c, RLSA Overlay Map delineating the area of the RLSA District
being designated as an SRA;
d, Aerial photograph delineating the area being designated as an
SRA;
e. Natural Resource Index Map of area being designated as an
SRA;
f. FLUCCS map(s) delineating the area being designated as an
SRA;
g. Listed species map(s) delineating the area being designated as
an SRA;
h, Soils map(s) delineating the area being designated as an SRA,
and;
i. Documentation to support a change in the related Natural
Resource Index Value(s), if appropriate,
5. SRA Master Plan. A Master Plan shall be prepared and submitted
by the APPLICANT as part of the SRA Application for Designation
of an SRA. The SRA Master Plan shall be consistent with the
requirements of Section 4,08,05 G,
6. SRA DEVELOPMENT Document. A DEVELOPMENT Document
shall be prepared and submitted by the APPLICANT as part of the
SRA Application for Designation of an SRA. The SRA
DEVELOPMENT Document shall be consistent with the
requirements of Section 4.08.05 H,
7, SRA Public Facilities Impact Assessment Report, An Impact
Assessment Report shall be prepared and submitted by the
APPLICANT as part of the SRA Application for Designation a of
SRA. The SRA Impact Assessment Report shall address the
requirements of Section 4.08.05 K.
8. SRA Economic Assessment Report, An Economic Assessment
Report shall be prepared and submitted by the APPLICANT as
part of the SRA Application for Designation of an SRA. The SRA
Economic Assessment Report shall address the requirements of
Section 4,08.05 L.
9, Stewardship Credit Use and Reconciliation Application, A Credit
Use and Reconciliation Application shall be submitted as part of an
SRA Designation Application in order to track the transfer of credits
from SSA(s) to SRA(s). The Stewardship Credit Use and
Page 183 of 247
Reconciliation Application shall be in a form provided by the
County Manager, or his designee. The application package shall
contain the following:
a, The legal description of, or descriptive reference to, the SRA to
which the Stewardship Credits are being transferred;
b, Total number of acres within the proposed SRA and the total
number of acres of the,proposed SRA within the ACSC (if any);
c, Number of acres withir:'!, the SRA designated "public use" that do
not require the redemption of Stewardship Credits in order to be
entitled (does not consume credits);
d, Number of acres of "excess" OPEN SPACES within the SRA
that do not require the consumption of credits;
e. Number of acres of WRAs inside the SRA boundary but not
included in the SRA designation;
f, Number of acres within the SRA that consume Credits;
g, The number of Stewardship Credits being transferred
(consumed by) to the SRA and documentation that the
APPLICANT has acquired or has a contractual right to acquire
those Stewardship Credits;
h. Number of acres to which credits are to be transferred
(consumed) multiplied by eight (8) Credits / acre equals the
number of Credits to be transferred (consumed);
i. A descriptive reference to one (1) or more approved or pending
SSA Designation Applications from which the Stewardship
Credits are being obtained. Copies of the reference documents,
e.g" SSA Stewardship Credit Agreement, etc., shall be
provided, including:
(1) SSA application number;
(2) Pending companion SRA application number;
(3) SSA Designation Resolution (or Resolution Number);
(4) SSA Credit Agreement (Stewardship Agreement);
(5) Stewardship Credits Database Report.
j, A descriptive reference to any previously approved Stewardship
Credit Use and Reconciliation Applications that pertain to the
referenced SSA(s) from which the Stewardship Credits are
being obtained; and
k. A summary table in a form provided by Collier County that
identifies the exchange of all Stewardship Credits that involve
the SRA and all of the associated SSAs from which the
Stewardship Credits are being obtained,
Page 184 of 247
10, Conditional SRA Designation, If at the time of the approval of the
SRA Designation Application, the APPLICANT has not acquired
the number of credits needed to entitle the SRA, then the SRA
Designation approval shall be conditional. The APPLICANT shall
have sixty (60) days from the date of the conditional approval to
provide documentation of the acquisition of the required number of
Stewardship Credits. If the APPLICANT does not provide such
documentation within ~ixty (60) days, the conditional SRA
Designation approval shall be null and void. The Stewardship
Credit Use and Reconciliation Application shall. be amended to
accurately reflect the transfer of credits that occurred following the
conditional approval of the SRA.
11. SRA Credit Agreement.
a. Any APPLICANT for designation of an SRA shall enter into an
SRA Credit Agreement with the County,
b. The SRA Credit Agreement shall contain the following
information:
(1) The number of SSA credits the APPLICANT for an SRA
designation is utilizing and which shall be applied to the
SRA land in order to carry out the plan of Development on
the acreage proposed in the SRA DEVELOPMENT
Documents.
(2) A legal description of the SRA land and the number of
acres;
(3) The SRA master plan depicting the land uses and
identifying the number of residential DWELLING UNITS,
gross leaseable area of retail and office square footage
and other land uses depicted on the master plan;
(4) A description of the SSA credits that are needed to entitle
the SRA land and the anticipated source of said credits;
(5) The APPLICANT'S acknowledgement that
DEVELOPMENT of SRA land may not commence until the
APPLICANT has recorded an SRA Credit Agreement
Memorandum with the Collier County Clerk of Courts; and
(6) The APPLICANT'S commitments, if any, regarding
conservation, or any other restriction on DEVELOPMENT on
any lands, including WETLANDS, within the SRA, as may
be depicted on the SRA Master Plan for special treatment.
c, The SRA Credit Agreement shall be effective on the latest of the
following dates:
(1) The date that the County approves the SRA Application;
Page 185 of 247
- . -------..---.
(2) The date that documentation of the APPLICANT'S
acquisition of the Stewardship Credits to be utilized for the
SRA is found by the County to be sufficient; or
(3) Five (5) working days after the date on which the
APPLICANT submits documentation of the acquisition of
the Stewardship Credits to be utilized, if the County fails to
make a sufficiency determination prior to that date.
d. Following approval of' the SRA Application, the APPLICANT
shall record a SRA Credit Agreement Memorandum, which
shall include the following:
(1) A cross reference to the recorded SSA Credit Agreement
Memorandum or Memoranda for the SSA lands from which
the credits being utilized are generated and identification of
the number of credits derived from each SSA; and
(2) a legal description of the SRA lands.
e. If the DEVELOPMENT provided for within an SRA constitutes,
or will constitute, a DEVELOPMENT of regional impact ("DRI")
pursuant to ~ 380.06 and 380,0651, F.S., and if! the
APPLICANT has obtained a preliminary DEVELOPMENT
AGREEMENT ("PDA") from the Florida Department of
Community Affairs for a portion of the SRA land, the
APPLICANT may request the County to enter into a Preliminary
SRA Credit Agreement for those Stewardship Credits needed in
order to develop the PDA authorized DEVELOPMENT,
Commencement of the PDA authorized DEVELOPMENT may
not proceed until the APPLICANT has recorded a Preliminary
SRA Credit Agreement Memorandum. The Preliminary SRA
Credit Agreement and Preliminary SRA Credit Agreement shall
include the same information and documentation as is required
for an SRA Credit Agreement and an SRA Credit Agreement
Memorandum,
E. SRA Application Review Process
1, Pre-Application Conference with County Staff: Prior to the
submission of a formal application for SRA designation, the
APPLICANT shall attend a pre-application conference with the
County Manager or his designee and other county staff, agencies,
and officials involved in the review and processing of such
applications and related materials. If an SRA designation
application will be filed concurrent with an SSA application, only
one pre-application conference shall be required, This pre-
application conference should address, but not be limited to, such
matters as:
Page 186 of 247
a, Conformity of the proposed SRA with the goals, objectives, and
policies of the GMP;
b, Consideration of suitability criteria described in Section 4.08.05
A.1, and other standards of this Section;
c, SRA master plan compliance with all applicable policies of the
RLSA District Regulations, and demonstration that incompatible
land uses are directed away from FSAs, HSAs, WRAs, and
Conservation Lands;
d, Assurance that APPLICANT has acquired or will acquire
sufficient Stewardship Credits to implement the SRA uses, and;
e, Consideration of impacts, including environmental and public
infrastructure impacts,
2, Application Package Submittal and Processing Fees. The required
number of SRA Applications and the associated processing fee
shall be submitted to the County Manager or his designee, The
contents of said application package shall be in accordance with
Section 4.08,05 0,
3, Application Deemed Sufficient for Review. Within thirty (30) days
of receipt of the SRA Application, the County manager or his
designee shall notify the APPLICANT in writing that the application
is deemed sufficient for agency review or advise what additional
information is needed to find the application sufficient. If required,
the APPLICANT shall submit additional information, Within twenty
(20) days of receipt of the additional information, the County
Manager or his designee shall notify the APPLICANT in writing
that the application is deemed sufficient, or, what additional or
revised information is required, If necessary, the County Manager
shall again inform the APPLICANT in writing of information
needed, and the timeframe outlined herein shall occur until the
application is found sufficient for review.
4, Review by County Reviewing Agencies: Once the SRA application
is deemed sufficient, the County Manager or his designee will
distribute it to specific County review staff.
5, Staff Review, Within sixty (60) days of receipt of a sufficient
application, County staff shall review the submittal documents and
provide comments, questions, and clarification items to the
APPLICANT, If deemed necessary by County staff or the
APPLICANT, a meeting shall be held to address outstanding
issues and confirm public hearing dates.
6, Staff Report, Within ninety (90) days from the receipt of a
sufficient application, County staff shall prepare a written report
containing their review findings and a recommendation of approval,
Page 187 of 247
approval with conditions or denial. This timeframe may be
extended upon agreement of County staff and the APPLICANT,
F, SRA Application Approval Process,
1, Public Hearings Required, The BCC shall review the staff report
and recommendations and the recommendations of the EAC and
CCPC, and the BCC shall, by resolution, approve, deny, or
approve with conditions t~e SRA Application only after advertised
public notices have been provided and public hearings held in
accordance with the follo'wing provisions:
a, Public Hearing Before the EAC, Recommendation to the BCC,
The EAC shall hold one (1) public hearing on a proposed
resolution to designate an SRA if such SRA is within the ACSC,
or is adjoining land designated as Conservation, FSA, or HSA.
b. Public Hearing Before the CCPC, Recommendation to BCC.
The CCPC shall hold one (1) advertised public hearing on the
proposed resolution to designate an SRA. A notice of the public
hearing before the CCPC on the proposed resolution shall
include a general description and a map or sketch and shall be
published in a newspaper of general circulation in the County at
least ten (10) days in advance of the public hearing.
c. Public Hearing Before the BCC, Resolution Approved. The
BCC shall hold one (1) advertised public hearing on the
proposed resolution to designate an SRA. A public notice,
which shall include a general description and a map or sketch,
shall be given to the citizens of Collier County by publication in a
newspaper of general circulation in the County at least ten (10)
days prior to the hearing of the BCC. The advertised public
notice of the proposed adoption of the resolution shall, in
addition, contain the date, time and place of the hearing, the title
of the proposed resolution and the place within the County
where such proposed resolution may be inspected by the public.
The notice shall also advise that interested parties may appear
at the hearing and be heard with respect to the proposed
resolution,
2, Update Stewardship Credits Database, Following the effective
date of the approval of the SRA, the County shall update the
Stewardship Credits Database used to track both SSA credits
generated and SRA credits consumed,
3, Update the Official Zoning Atlas and the RLSA Overlay Map,
Following the effective date of the approval of the SRA, the County
shall update the Official Zoning Atlas to reflect the designation of
the SRA. Sufficient information shall be included on the updated
maps so as to direct interested parties to the appropriate public
Page 188 of 247
records associated with the designation, e.g., Resolution number,
SRA Designation Application number, etc. The RLSA Overlay
Map shall be updated to reflect the SRA designation during a
regular GMP amendment cycle, no later than twelve months from
the effective date of the SRA Credit Agreement.
4. SRA Amendments. Amendments to the SRA shall be considered
in the same manner as described in this Section for the
establishment of an SRA; except as follows.
a. Waiver of Required SRA Application Package Component(s). A
waiver may be granted by the County Manager or his designee,
if at the time of the pre-application conference, in the
determination of the County Manager or designee, the original
SRA Designation Application component( s) is (are) not
materially ALTERED by the amendment or an updated
component is not needed to evaluate the amendment. The
County Manager or designee shall determine what application
components and associated documentation are required in
order to adequately evaluate the amendment request.
b. Approval of Minor Changes by County Manager or Designee.
County Manager shall be authorized to approve minor changes
and refinements to an SRA Master Plan or DEVELOPMENT
Document upon written request of the APPLICANT. Minor
changes and refinements shall be reviewed by appropriate
County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County ordinances
and regulations prior to the County Manager or designee's
consideration for approval. The following limitations shall apply to
such requests:
(1) The minor change or refinement shall be consistent with the
RLSA Overlay, the RLSA District Regulations, and the SRA
DEVELOPMENT Document's amendment provisions.
(2) The minor change or refinement shall be compatible with
contiguous land uses and shall not create detrimental impacts
to ABUTTING land uses, water management facilities, and
conservation areas within or external to the SRA.
(3) Minor changes or refinements, include but are not limited to:
(a) Reconfiguration of lakes, ponds, canals, or other water
management facilities where such changes are
consistent with the criteria of the SFWMD and Collier
County;
Page 189 of 247
.'..-------.
(b) Intemal realignment of RIGHTS-Of-WAY, other than a
relocation of ACCESS points to the SRA itself, where
water management facilities, preservation areas, or
required EASEMENTS are not adversely affected; and
(c) Reconfiguration of PARCELS when there . is no
encroachment into the conservation areas or lands with
an Index Value of 1.2 or higher,
c. Relationship To SUBDIVISION Or Site DEVELOPMENT
Approval. Approval by the County Manager or designee of a
minor change or refinement may occur independently from, and
prior to, any application for SUBDIVISION or Site
DEVELOPMENT PLAN approval. However, such approval shall
not constitute an authorization for DEVELOPMENT or
implementation of the minor change or refinement without first
obtaining all other necessary County permits and approvals.
G. Master Plan. To address the specifics of each SRA, a master plan of
each SRA will be prepared and submitted to Collier County as a part of
the petition for designation as an SRA. The master plan will
demonstrate that the SRA complies with all applicable GMP policies
and the RLSA District and is designed so that incompatible land uses
are directed away from lands identified as FSAs, HSAs, WRAs, and
Conservation Lands on the RLSA Overlay Map.
1. Master Plan Requirements. A master plan shall accompany an
SRA Designation Application to address the specifics of each SRA.
The master plan shall demonstrate that the SRA is designed so
that incompatible land uses are directed away from lands identified
as FSAs, HSAs, WRAs and Conservation Lands on the RSLA
Overlay Map. The plan shall be designed by an urban planner
who possesses an AICP certification, together with at least one of
the following:
a. a professional engineer (P.E.) with expertise in the area of civil
engineering licensed by the State of Florida;
b. a qualified environmental consultant per Chapter 10 of the LDC;
or
c. a practicing architect licensed by the State of Florida.
2. Master Plan Content. At a minimum, the master plan shall include
the following elements:
a. The title of the project and name of the developer;
b. Scale, date, north arrow;
c. Location map that identifies the relationship of the SRA to the
entire RLSA District, including other designated SRAs;
Page 190 of 247
d. Boundaries of the subject property, all existing roadways within
and ADJACENT to the site, watercourses, EASEMENTS,
section lines, and other important physical features within and
adjoining the proposed DEVELOPMENT;
e. Identification of all proposed tracts or increments within the SRA
such as, but not limited to: residential, commercial, industrial,
institutional, conservation/ preservation, lakes and/or other
water management facilities, the location and function of all
areas proposed for dedication or to be reserved for community
and/or public use, and areas proposed for recreational uses
including golf courses and related facilities;
f. Identification, location and quantification of all WETLAND
preservation, BUFFER areas, and OPEN SPACE areas;
g. The location and size (as appropriate) of all proposed drainage,
water, sewer, and other utility provisions;
h. The location of all proposed major internal rights of way and
pedestrian ACCESS ways;
i. Typical cross sections for all ARTERIAL, COLLECTOR, and
local STREETS, public or private, within the proposed SRA;
j. Identification of any WRAs that are contiguous to or
incorporated within the boundaries of the SRA; and
k. Documentation or attestation of professional credentials of
individuals preparing the master plan.
H. DEVELOPMENT Document. Data supporting the SRA Master Plan,
and describing the SRA application, shall be in the form of a
DEVELOPMENT Document that shall consist of the information listed
below, unless determined at the required pre-application conference to
be unnecessary to describe the DEVELOPMENT strategy.
1. The document shall be prepared by an urban planner who
possesses an AICP certification, together with at least one of the
following:
a. a professional engineer (P.E.) with expertise in the area of civil
engineering licensed by the State of Florida;
b. a qualified environmental consultant per Chapter 10 of the LDC
or
c. a practicing landscape architect licensed by the State of Florida.
2. The document shall identify, locate and quantify the full range of
uses, including ACCESSORY USES that provide the mix of
services to. and are supportive of, the residential population of an
SRA or the RSLA District, and shall include, as applicable, the
following:
Page 191 of 247
--.-
a. Title page to include name of project;
b. Index/table of contents;
c. List of exhibits;
d. Statement of compliance with the RSLA Overlay and the RLSA
District Regulations;
e. General location map showing the location of the site within the
boundaries of the RLSA Overlay Map and in relation to other
designated SRAs and such external facilities as highways;
f. Property ownership and general description of site (including
statement of unified ownership);
g. Description of project DEVELOPMENT;
h. Legal description of the SRA boundary, and for any WRAs
encompassed by the SRA;
i. The overall acreage of the SRA that requires the consumption
of Stewardship Credits and proposed GROSS DENSITY for the
SRA;
j. Identification of all proposed land uses within each tract or
increment describing: acreage; proposed number of
DWELLING UNITS; proposed DENSITY and percentage of the
total DEVELOPMENT represented by each type of use; or in
the case of commercial, industrial, institutional or office, the
acreage and maximum gross leasable FLOOR AREA within the
individual tracts or increments;
k. Design standards for each type of land use proposed within the
SRA. Design standards shall be consistent with the Design
Criteria contained in Section 4.08.05 J.;
I. All proposed variations or deviations from the requirements of
the LDC, including justification and alternatives proposed;
m.The proposed schedule of DEVELOPMENT, and the sequence
of phasing or incremental DEVELOPMENT within the SRA, if
applicable;
n. A Natural Resource Index Assessment as required in Section
4.08.04 C.3.;
o. The location and nature of all existing or proposed public
facilities (or sites), such as schools, parks, FIRE STATIONS
and the like;
p. A plan for the provision of all needed utilities to and within the
SRA; including (as appropriate) water supply, sanitary sewer
collection and treatment system, stormwater collection and
management system, pursuant to related county regulations
and ordinances;
q. Typical cross sections for all ARTERIAL, collector, and local
STREETS, public or private, within the proposed SRA;
Page 192 of 247
r. Agreements, provisions, or covenants, which govern the use,
maintenance, and continued protection of the SRA and any of
its common areas or facilities;
s. DEVELOPMENT commitments for all infrastructure;
t. When determined necessary to adequately assess the
COMPATABILITY of proposed uses within the SRA to existing
land uses, their relationship to agriculture uses, OPEN SPACE,
recreation facilities, or-to assess requests for" deviations from
the Design Criteria standards, the County Manager or his
designee may request schematic architectural drawings (floor
plans, elevations, perspectives) for all proposed STRUCTURES
and improvements, as appropriate;
u. DEVELOPMENT Document amendment provisions; and,
v. Documentation or attestation of professional credentia.ls of
individuals preparing the DEVELOPMENT document.
I. DRI Master Plan. If applicable, the DRI master plan shall be included
as part of the SRA Designation Application. The DRI master plan shall
identify the location of the SRA being designated, and any previQusly
designated SRAs within the DRI. I
I
J. Design Criteria. Criteria are hereby established to guide the design
and DEVELOPMENT of SRAs to include innovative planning and
DEVELOPMENT strategies as set forth in ~~ 163.31 n (11), F.S. and
Chapter 9J-5.006(5)(1), F.A.C.. The size and BASE DENSITY of each
form of SRA shall be consistent with the standards set forth below.
The maximum base RESIDENTIAL DENSITY as specified herein for
each form of SRA may only be exceeded through the DENSITY
blending process as set forth in DENSITY and intensity blending
provision of the Immokalee Area Master Plan or through the
AFFORDABLE HOUSING DENSITY Bonus as referenced in the
DENSITY Rating System of the FLUE. The base RESIDENTIAL
DENSITY is calculated by dividing the total number of residential units
in an SRA by the acreage therein that is entitled through Stewardship
Credits. The base RESIDENTIAL DENSITY does not restrict net
RESIDENTIAL DENSITY of PARCELS within an SRA. The location,
size and DENSITY of each SRA will be determined on an individual
basis, subject to the regulations below, during the SRA designation
review and approval process.
1. SRA Characteristics. Characteristics for SRAs designated within
the RLSA District have been established in the Goals Objectives
and Policies of the RLSA Overlay. All SRAs designated pursuant
to this Section shall be consistent with the characteristics identified
on the Collier County RLSA Overlay SRA Characteristics Chart
and the design criteria set forth in 2. through 6. below.
Page 193 of 247
'"-...-..
a. SRA Characteristics Chart
Collier County RLSA Overlay SRA Characteristics Chart
Typical Town. Village Hamlet Compact Rural
Characteristi DEVELOPMENT
cs
Size (Gross 1 ,000-4,000 100-1,000 acres 40-100 acres.. 100 Acres or Greater than
Acres) acres less .. 100 Acres..
Residential 1-4 DUs per 1-4 DUs per gross ~-2 DUs per gross ~-2 Dus per 1-4 Dus per
Units (DUs) gross acre." acre." acre ... gross acre". gross acre."
per gross
acre base
DENSITY
Residential Full range of Diversity of single Single Family and Single family Single family
Housing single family family and multi- limited multi-family and limited and limited
Styles and multi-family family housing multi-family.... multi-family"..
housing types, types, styles, lot
stYles, lot sizes sizes
Maximum Retail & Office - Retail & Office - .5 Retail & Office - .5 Retail & Office Retail & Office
FLOOR .5 Civic/GovernmentaV Civic/GovernmentaVI - .5 - .5
AREA Civic/Governme Institution - .6 nstitution - .6 Civic/Governm Civic/Governm
RATIO or ntal/lnstitution - Group Housing - .45 Group Housing - .45 entaVlnstitutio ental/Institution
Intensity .6 Transient Lodging- Transient Lodging - n -.6 - .6
Manufacturing/L 26 upa net 26 upa net Group Group Housing
ight Industrial - Housing - .45 - .45
.45 Transient Transient
Group Housing Lodging - 26 Lodging - 26
- .45 upa net upa net
Transient
Lodging - 26
upa net
Town Center VILLAGE CENTER Convenience Goods Convenience VILLAGE
with Community with Neighborhood and Services: Goods and CENTER with
and Goods and Services Minimum 10 SF Services: Neighborhood
Goods and Neighborhood in VILLAGE gross BUILDING Minimum 10 Goods and
Services Goods and CENTERs: area per DU SF gross Services in
Services in Minimum 25 SF BUILDING VILLAGE
Town and gross BUILDING area per DU CENTERs:
VILLAGE area per DU Minimum 25
CENTERs: SF gross
Minimum 65 SF BUILDING
gross area per DU
BUILDING area
per DU;
Corporate
Office,
Manufacturing
and Light
Industrial
Page 194 of 247
Water and Centralized or Centralized or Individual Well and Individual Well Centralized or
Wastewater decentralized decentralized Septic System: and Septic decentralized
community community Centralized or System: community
treatment treatment system decentralized Centralized or treatment
system Interim Well and community treatment decentralized system
Interim Well and Septic system community Interim Well
Septic treatment and Septic
system
Recreation Community Parks & Public '" ' Public Green Spaces Public Green Parks & Public
and Open Parks (200 Green Spaces with for Neighborhoods Spaces for Green Spaces
Spaces SF/DU) Neighborhoods (Minimum 1 % of Neighborhood with
Parks & Public gross acres) s (Minimum Neighborhood
Green Spaces Active 1 % of gross s
with Recreation/Golf acres)
Neighborhoods Courses Active
Recreation/Gol
Active Lakes f Courses
Recreation/Golf Open Space
Courses Minimum 35% of Lakes
Lakes SRA Open Space
Open Space Minimum 35%
Minimum 35% , of SRA
of SRA i
Civic, Wide Range of Moderate Range of Limited Services Limited \ Moderate
Government Services - Services - minimum Services Range of
and minimum 15 10 SF/DU; Pre-K through Services -
Institutional SF/DU Elementary Schools Pre-K through minimum 10
Services Full Range of Elementary SF/DU;
Full Range of Schools Schools
Schools Full Range of
Schools
Transportatio Auto - Auto - Auto - Auto - Auto -
n interconnected interconnected interconnected interconnected interconnected
system of system of collector system of local roads system of local system of
collector and and local roads; roads collector and
local roads; required connection Pedestrian Pathways local roads;
required to collector or Pedestrian required
connection to arterial Equestrian Trails Pathways connection to
collector or collector or
arterial Interconnected Equestrian arterial
sidewalk and Trails
Interconnected pathway system Interconnected
sidewalk and Equestrian Trails sidewalk and
pathway system County Transit pathway
County Transit ACCESS system
ACCESS Equestrian
Trails
County Transit
ACCESS
*- Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies.
** - Villages, Hamlets, and Compact Rural DEVELOPMENTS within the ACSC are subject to location
and size limitations, per policy 4.20, and are subject to Chapter 28-25, FAC.
Page 195 of 247
.,,"- ----.-
*** - DENSITY can be increased beyond the BASE DENSITY through the AFFORDABLE HOUSING
DENSITY Bonus or through the DENSITY blending provision, per policy 4.7
**** - Those CADs that include single or multi-family residential uses shall include proportionate
support services.
Underlined uses are not required uses.
b. STREETS within SRAs shall be designed in
accord with the cross-sections set forth in Figures 1-
18 below, as more specifically provided in J.2 through
J.5. Alternatively, Collier County Transportation
Services may approve additional cross-sections as
needed to meet the design objectives.
I
I
(1) Figure 1: Town Core/Center.
lj&' (MIN.' RoD.II'.
38'
,. Ill' 1ll'
RITA! L 1'WW.l.fl. -.-n. LAN[ lMI[L LAN[ RETAL
_NG
Page 196 of 247
(2) Figure 2: Town Core/Center.
0IfIC[/
--
IlEJII. IIETIII.
(LOCAL STREET)
TOWN CORE/CENTER
FIGURE 2
..T.I.
(3) Figure 3: ALLEY: Town Core/Center.
Page 197 of 247
,--- -- -~.. ...u~__._
CDMMEIlICIIlL BULDING CONt4ERCIllL eua.olnG
~ 11', ,
... AlIf'tW.T 01( JI"ICK f'IIKR
~ '..
:', : . " I .........,. ~... ".1.: . ...... :: :_;.. .~:., '",:.
ALLEY
TOWN CORE/CENTER
FIGURE 3
NoT .s. I
I
I
(4) Figure 4: Town Core/Center
~r' R.l1.W.
14' (NIN.) R,O.W. .1
.. 22'= 10' 10' 22'::1:
PIAV. lM1D.. LME lRJ9.oe. LME F'I.AlA
I I I
I
(LOCAL STRE ET)
TOWN CORE/CENTER
FIGURE 4
N.T.S.
(5) Figure 5: Neighborhood General
Page 198 of 247
"'-.." // I
i
-->_._"-">-_."_._--~ . :';r;Jt;"~.,.,,t:fl\\; ~~..,.,.lr~;:::., .' I
];J , ~'..~'l~1~~~~': -----., I
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;/. '" m ~.~ ....'. ]I ~
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t.
.ff ..3Wl1.... 5~' (II".) il.O.w.
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~ " ..
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- I
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,/, \.I'.."\"'.......:~~).;.(."~:~~~5:)'~..~\..~;...':?~(:x:;:~....:'.'Y...\ ....:\/'. ........... . '\:<\"'!.~'~';t~;<.<::e\'.?4')-"\"": ." .~0~.\':."",\,~
~.... .....}9~\..;-<.,~~~\.~~.~~,Jo;.':~.?';/... ctN.. ouno "~~:..~'~*,:,%;v"'~M'..~
/',,,\.....~\\.:\'\.,...,.. ....,.. .. (T'fPt -"-NO aMln::R'PL ~ ~-:~~..V#
->~
(LOCAL STREET)
NEIGHBORHOOD GENERAL
.... FIGURE 5
",
(6) Figure 6: Neighborhood General
,,) ~ ~t"~':~'<(,., ,/
'l._'~U.:"--< , <.I:~ ,.
1fI"~' ~~;~ ~'" ,4.-- ....~~.;: ~
... f': , - ~;).'.~
i 9 l~~> .
~.e :~. . ,;:z ~t.:'
~ ' ~ .~ R't.t ,. ,~~~ c
"
~ j '!V;. " "'.'~';':~Y;T ' I
:IESiI:DilW. -~>.\'(,~:I"'.j"::'~'f'.;t .;.:..~. . '.. ~ ~'nAl.
~ 1-;r ~". "::t~~;~i;!~ - -. .' --~
'0' 10' .' 'I\i;:: ~. (10..) I
11l.IW. L.\N[ Tl\AYlJ. !.Me ~iNo SJDEtiAU(
-"'0
Ii
I
,
V':'>f:~i0~i~~;'?~~~:5S;F;@~~~~'0~~\:;~~~.~;\~;;~,~*~t:i;~~~'>"
""'v \I1Iif'(;
( LOCAL STREET)
NEIGHBORHCOD GENER,Il,l
r1GURE 6
l'lf.S.
(7) Figure 7: Neighborhood General.
Page 199 of 247
""~, -." -.,,," -"~...."-
,. Ill' Ill'
_UfL 1-' WE "IMoEL1.AII[
PARKIIIC
,..... :, ~ .~. . i
,
(LOCAL STREET)
NEICHBORHooD GENERAL
FIGU RE 7
NoT .a.
(8) Figure 8: Neighborhood General.
~
J;d COM1!l! 11_
RIIoRlNG
trn'E ....0 WillE~"" MAT """"'
(LOCAL STREET)
NEIGHBORHOOD GENERAL
FIGURE 8 \o1i:1llc.L __
W.....L (llfJ'91ENCf 5l1lUClUW.
N.T.S. ENGINEg:fOS PI.JlNI
(9) Figure 9: Neighborhood Edge.
Page 200 of 247
~,sr 3\ ~
~ ~ ~ !it
, ~
lc.;' At ~
'," .
11'
TMIfl. l..INE
(LOCAL STREIT)
NEIGHBORHOOD EDGE
FIGURE 9
1l.T.S.
(10) Figure 10: Neighborhood General.
....1...
Il w.
Ja' IUI.W.
RESIDENTIAL RESII)(NTIAL
Ill' Ill" Ill'
I UlIlIlY __T urtJTY I
I I!AI[M[Ill _lIT I
AlLEY
NEIGHBORHOOD GENERAL
fiGURE 10
N.T.$
(11) Figure 11: Neighborhood Edge.
Page 201 of 247
1l.O..lII.
11' 'HI!:II
T1lAY[L !ME PlJIN11l1G
.....6'.
. NOlC lNIICSCYE III ,t,UDA!IJ
IN "T\lIS AREA. ClDR
ZDIIE REXlUIIlENEMlI
t4Ay ""1ft BiASED ON (COLLECTOR STREET)
llElIlGN 3PEED Of 1111'0.
NEIGHBORHOOD EDGE
FIGURE 11
N.T .s.
(12) Figure 12: Neighborhood Edge
51' (WIN.)
II' ",
1RI'tVEl I.IWE lM'fl. lANE
I I
I I
(COLLECTOR STREET)
NEIGHBORHOOD EDGE
FIGURE 12
N.T .s.
(13) Figure 13: COLLECTOR STREET: Neighborhood Edge.
Page 202 of 247
RD.II. IUI. ..
R.Q.II. 1IMIES
I _!I ...:lM 12' (NIN.) I
\HIE. .. I' TO 11' "'KS
U~ I-U I
I
. HOlt: I.ANDIlICttP[ . AU..QW;:D (COLLECTOR STREET)
IN "!HIS N/EA. CUll.
21M: It[JlUUl""tIn NEIGHBORHOOD EDGE
w..r ".".,. IMm 010
DDI!lN IPEIII OF IDOD. FIGURE 13
N.T.I.
(14) Figure 14: Neighborhood Edge.
....... ,,"0...
W.RD FROII .. I' 'lMD _ _II
r'TO ,.' l-.:J (lOIN.) ..10 UI' rl_l
I I I
LAIE WE
(COLLECTOR STREETt
NEIGHBORHOOD EDG
FIGURE 14
N.TA
(15) Figure 15: Neighborhood Edge.
Page 203 of 247
.,--,-,. .'''-
~.llJ.. R.o.w,
r 1l00'II. _0 I
I _SI'llClN 12"(1IIN.) I
VAllES r 'I' ".10 11' 1MB
PIJM~ LtNE _PE PI.NITINQ
I M[A r I Z' Nl.rA '/.
I 1 ~ I Mom r- I
I ~ ~ I
~ ~
(COLLECTOR STREET)
NEIGHBORHOOD EDGE
FIGURE 15
N.T.s.
(16) Figure 16: Neighborhood Edge.
1t.lI... Illl... I.D.W.
I u.... \MaIm --I
I .. [MIN.) .............. !l'11l1llJ ~ !l'QIIN.l, -~ .. Olkl I
-- fr lU 16' ,,' ". I!I'TO 1.' -
"""""'" -..-x .......... ..u 11I<[ I.NIf lllMl. I.NIf I -.-, IN<< -. "'" IllI'llOIIl[ IlII'U ..-. ~ I
I -... I ..... I I I
~
\ (COLLECTOR STREET) ~ \
\' NEIGHBORHOOD EDGE
FIGURE 16
N.r.ll.
(17) Figure 17: Neighborhood Edge.
Page 204 of 247
It.O... 1.11.'1. ~ ItOM,
I I
1'lNr1!!_" 1" 11' VNIDi I'ROtl 18"-5 11- tr {NI..) YMI!S I
I ULD lltWEL IJH!: 11IAYEL WE _ IlIUI. ~-UlK MI1l"""f"
I~ -
I I
I
I I
~
(COL.LECTOR STREET)
NEIGHBORHOOD EDGE
FIGURE 17
Il.U.
(18) Figure 18: Neighborhood Edge.
I
1tC.ll. UUI. \11II" I IUUI.
I I
_'6'-' _I
- 1
I~ ~ I I ~ ~I
, ,
I / I
I ., .", ........., ....., "', . ,.,," . . ...... ..." .. ..... .. . . ~ I
(COLLECTOR STREET)
NEIGHBORHOOD EDGE
FIGURE 18
NoT,$,
2. Town Design Criteria.
a. General design criteria.
i. Shall be compact, pedestrian-friendly and mixed-use;
ii. Shall create an interconnected STREET system
designed to disperse and reduce the length of automobile
trips;
iii. Shall offer a range of housing types and price levels
to accommodate diverse ages and incomes; Accessory
DWELLING UNIT shall not count towards the total approved
number of units, provided that the total number of units does
Page 205 of 247
-- "'-'-~ .......-.,---. --.".. ~-
not exceed the maximum DENSITY allowed by the GMP.
iv. Shall include school sites that are sized and located
to enable children to walk or bicycle to them;
v. Shall provide a range of OPEN SPACES including
neighborhood and community parks, squares and
playgrounds distributed throughout the community;
vi. Shall include both community and neighborhood
scaled retail and office uses;
vii. Shall have urban level services and infrastructure
which supports DEVELOPMENT that is compact, including
water management facilities and related STRUCTURES,
lakes, community and NEIGHBORHOOD PARKS, trails,
temporary construction, sales and administrative offices for
authorized contractors and consultants, landscape and
hardscape features, fill storage, and site filling and grading,
which are allowed uses throughout the community.
viii. Shall be designed in a progressive rural to urban
continuum with the greatest DENSITY, intensity and diversity
occurring within the Town Core, to the least DENSITY,
intensity and diversity occurring within the Neighborhood
Edge;
ix. Shall provide sufficient transition to the adjoining use,
such as active agriculture, pasture, rural roadway, etc., and
COMPATABILlTY through the use of BUFFERING, OPEN
SPACE, land use, or other means;
x. Shall include a minimum of three Context Zones: Town
Core, Town Center and Neighborhood General, each of
which shall blend into the other without the requirements of
BUFFERS;
xi. May include the Context Zone of Neighborhood Edge;
and
xii Shall allow SIGNS typically permitted in support of
residential uses including for sale, for rent, model home, and
temporary construction SIGNS. Specific design and
DEVELOPMENT standards shall be set forth in the SRA
document for such SIGNS permitted in residential areas or in
conjunction with residential uses.
Page 206 of 247
xiii. To the extent that section 5.05.08 is applicable within the
Urban designated area, SRA Architectural Design Standards
shall comply with the provisions of section 5.05.08, unless
additional or different design standards that deviate from
section 5.05.08, in whole or part, are submitted to the
County no later than when the first SRA Site
DEVELOPMENT ~.~AN is submitted for approval.
xiv. To the extent that section 4.06.00 is applicable within the
Urban designated area, SRA Landscape Design and
Installation Standards shall comply with the provisions of
section 4.06.00, unless additional or different design and
installation standards that deviate from section 4.06.00, in
whole or in part, are submitted to the County no later than
when the first SRA Site DEVELOPMENT PLAN is submitted
for approval.
b. Transportation Network
,
i
i. The transportation network shall provide for a Ihigh
level of mobility for all residents through a design that
respects the pedestrian and accommodates the automobile.
ii. The transportation network shall be designed in an
interconnected system of STREETS, SIDEW ALKS, and
PATHWAYS.
c. OPEN SPACE and Parks
i. Towns shall have a minimum of 35% OPEN SPACE.
ii. Towns shall have community parks that include sports
fields and facilities with a minimum LEVEL OF SERVICES of
200 square feet per DWELLING UNIT in the Town.
Hi. Towns shall have passive or active parks,
playgrounds, public plazas or courtyards as appropriate
within each Context Zone.
d. Context Zones. Context Zones are intended to guide the
location of uses and their intensity and diversity within a Town, and
provide for the establishment of the urban to rural continuum.
i. Town Core. The Town Core shall be the civic center of a
Town. It is the most dense and diverse zone, with a full
Page 207 of 247
--
range of uses within walking distance. The Core shall be a
primary pedestrian zone with BUILDINGS positioned near
the RIGHT-OF-WAY, wide SIDEWALKS shall be shaded
through streetscape planting, awnings and other
architectural elements. Parking shall be provided on
STREET and off STREET in the rear of BUILDINGS within
LOTS or parking STRUCTURES. Signage shall be
pedestrian scale and designed to compliment the BUILDING
architecture. The following design criteria shall apply within
the Town Core, with the exception of civic or institutional
BUILDINGS, which shall not be subject to the BUILDING
height, BUILDING placement, BUILDING use, parking, and
signage criteria below, but, instead, shall be subject to
specific design standards set forth in the SRA
DEVELOPMENT Document and approved by the BCC that
address the perspective of these BUILDINGS' creating focal
points, terminating vistas and significant community
landmarks.
a) Uses commercial, retail, office, ,
- CIVIC,
institutional, light industrial and manufacturing,
ESSENTIAL SERVICES, residential, parks and
ACCESSORY USEs. Such uses may occur in
shared use BUILDINGS or single use BUILDINGS.
b) The total BUILDING area within each BLOCK
shall not exceed a FLOOR AREA RATIO of 3.
c) Retail and offices uses per BLOCK shall not
exceed a FLOOR AREA RATIO of 0.5.
d) Civic uses per BLOCK shall not exceed a
FLOOR AREA RATIO of 0.6.
e) Light industrial and manufacturing uses per
BLOCK shall not exceed a FLOOR AREA RATIO of
0.45.
f) The DENSITY of transient lodging uses shall
not exceed 26 DWELLING UNITS per Town Core
gross acre.
g) The maximum BUILDING height shall be 6
stories, excluding roofs and architectural features.
h) There shall be no minimum LOT size.
Page 208 of 247
i) The maximum BLOCK perimeter shall be 2500
Ft.
j) Minimum SETBACKS from all property
boundaries shall be 0 feet and the maximum
SETBACK from the front boundary shall be 10 feet.
The maximum SETBACK from the front boundary
may be increased in order to create public spaces
such as plazas and courtyards.
k) Overhead encroachments such as awnings,
balconies, arcades and the like, shall maintain a clear
distance of 9 feet above the SIDEWALK and 15 feet
above the STREET.
I) Seating for outdoor dining shall be permitted to
encroach into the public SIDEWALKS and shall leave
a minimum 6-foot clear pedestrian way between the
outdoor dining and the streetscape planting area.
m) BUILDINGS within the Town Core shall be made
compatible through similar massing, volume,
FRONT AGE, scale and architectural features.
n) The majority of parking spaces shall be
provided off-STREET in the rear of BUILDINGS, or
along the side (secondary STREETS), organized into
a series of small bays delineated by landscape
islands of varied sized. A maximum spacing between
landscape islands shall be ten (10) spaces.
Landscape islands and tree diamonds shall have a
minimum of one tree. Parking is prohibited in front of
BUILDINGS, except within the RIGHT-OF-WAY.
Parking STRUCTURES fronting on a primary
STREET shall either include ground floor retail or
have a minimum ten (10) foot wide landscaped area
at GRADE, including one tree per five (5) square feet
of landscaped area. Parking STRUCTURES fronting
on a secondary STREET shall have a minimum ten
(10) foot wide, densely landscaped area at GRADE,
including one tree per 250 square feet of landscaped
area or 25 linear feet on center. The amount of
required parking shall be demonstrated through a
shared parking analysis submitted with an SRA
designation application. Parking shall be determined
Page 209 of 247
---....- --.
utilizing the modal splits and parking demands for
various uses recognized by ITE, ULI or other sources
or studies. The analysis shall demonstrate the
number of parking spaces available to more than one
use or function, recognizing the required parking will
vary depending on the multiple functions or uses in
close proximity which are unlikely to require the
spaces at ~~e same time. The shared parking
analysis methodology will be determined and agreed
upon by tha County Transportation staff and the
APPLICANT during the pre-application meeting. The
shared parking analysis shall use the maximum
square footage of uses proposed by the SRA
DEVELOPMENT document.
0) STREETS shall adhere to J.1 .b. and Figures 1,
2, 3, or 4. At a minimum all proposed STREETS
shall include SIDEWALKS on both sides of the
STREET, parallel to the RIGHT-OF-WAY, and a five
(5) foot streetscape area between the back of iCUrb
and the SIDEWALK. In these areas, SIDEW!'LK
protection such as root barriers, a continuous tree pit,
and/or structural soils shall be provided. STREETS
shall maintain a minimum average BUILDING height
to STREET width ratio of 1:1, excluding landmark
BUILDINGS.
p) Landscaping minimums within the Town Core
shall be met by providing landscaping within parking
LOTS as described, and by providing a streetscape
area between the SIDEWALK and curb at a minimum
of five (5) feet in width, with trees planted forty (40)
feet on-center. The five-foot minimum wide of
planting area may be reduced to three (3) feet if
SIDEWALK protection such as root barriers,
continuous tree pits, and/or structural soils are
provided. The STREET tree pattem may be
interrupted by architectural elements such as arcades
and columns.
q) General sign age standards.
i) Signage design shall be carefully
integrated with site and' BUILDING design to
create a unified appearance for the total
property.
Page 210 of 247
ii) SIGNS shall be installed in a location
that minimizes conflicts with windows or other
architectural features of the BUILDING.
iii) SIGNS which create visual Clutter or
which block the view of SIGNS on ADJACENT
property shall not be permitted.
iv) Creativity in the design of SIGNS is
encouraged in order to emphasize the unique
character of the SRA.
v) SIGN Area: The area of any SIGN shall
be the area of a rectangle which encloses all
elements of the SIGN (excluding poles and
brackets) including all text and any symbols or
logos.
vi) Signable Area: The signable area (total
of all individual SIGNS on that fa9ade or
related to that FACADE) of a fa9ade facing a
public STREET or a parking lot shall be limited
to 20% of the total area of the fa9ade.
vii) Mounting height: No part of a SIGN
which projects from a BUILDING or is mounted
on a pole or bracket shall be less than eight
feet above the GRADE.
viii) Illumination: SIGNS may be illuminated
by external spot lighting or internally
illuminated. Lighting shall be designed and
shielded so as not to glare onto ADJACENT
properties or the public RIGHT-OF-WAY.
ix) Material: SIGNS shall be constructed of
durable materials suitable to the SIGN type.
The long term appearance of the SIGN shall be
a major consideration in the selection of
materials.
x) Color: The color of SIGNS shall be
compatible with the colors and style of the
BUILDING to which they are attached or
otherwise associated.
Page 211 of 247
,--- ~--'-"^
r) The following SIGN types shall be permitted:
i) Wall -A SIGN affixed directly to or
painted directly on an exterior wall or fence.
Maximum SIGN area - Fa<;ade width x 2.5.
ii) Projecting - Any SIGN which projects
from and is supported by a wall of a BUILDING
with the display of the SIGN perpendicular to
the BUILDING wall. Maximum SIGN area =
The fa<;ade area x .05. up to a maximum of
100 Sq. Ft.
Hi) Window - A SIGN affixed to or behind a
window. Maximum SIGN area - the area of the
window with the SIGN x .30.
iv) Hanging - A SIGN attached to and
located below any eave, arcade, canopy or
awning. Maximum SIGN area - 20 Sq. Ft.. (two
faces of 20 Sq. Ft. each). !
v) Awning - A SIGN or graphic attached to
or printed on an awning. Maximum SIGN area -
the area of the awning x .25.
vi) Pole - A SIGN mounted at the top of or
bracketed from a vertical pole which is
supported by the ground. Maximum SIGN area
- 24 Sq. ft (2 faces @ 12 Sq. Ft. each.).
vii) Monument - A SIGN secured to a base
which is built directly upon the ground.
Maximum SIGN area - 50 Sq. Ft., exclusive of
the base. (2 faces of 50 Sq. Ft. each).
Maximum height above GRADE - 6 feet.
viii) Marquee - A SIGN usually projecting
from the face of a theater or cinema which
contains changeable text to announce events.
SIGN area shall be compatible with the design
of the theater BUILDING. Minimum height
above GRADE - 10 feet. Minimum distance
from cu rb 4 feet.
ix) Sandwich boards - A movable SIGN
Page 212 of 247
comprised of two SIGN panels hinged together
at the top. Maximum SIGN area - 12 square ft
(2 faces at 12 Sq. Ft. each.
x) Banners - Fabric panels projecting from
light poles or other STRUCTURES. Maximum
SIGN area - shall be proportional to the height
of the pole: 16 feet pole - 15 .Sq. Ft. max (2
faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq.
Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole
- 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.).
xi) Temporary SIGNS as allowed by
section 5.06.00.
s) The following SIGN types are prohibited:
i) Pole SIGNS greater than 12 Sq. Ft. in
area
ii) Portable or mobile SIGNS except
sandwich boards
Hi) Flashing or animated SIGNS (except
time and temperature SIGNS)
iv) SIGNS with changeable text (except
Marquee)
v) Off-site SIGNS. Billboards.
ii. Town Center. The Town Center shall provide a wide
range of uses including daily goods and services, culture
and entertainment, within walking distance. Like the Town
Core, the Town Center is the primary pedestrian zone,
designed at human scale to support the walking
environment. It is the Main STREET area of the Town.
BUILDINGS shall be positioned near the RIGHT-OF-WAY
line, wide SIDEWALKS shall be shaded by STREET trees
and architectural elements. The following design criteria
shall apply within the Town Center, with the exception of
civic or institutional BUILDINGS, which shall not be subject
to the height, BUILDING placement, BUILDING use,
parking, and sign age criteria below, but, instead, shall be
subject to specific design standards that address these
BUILDINGS' creating focal points, terminating vistas, and
significant community landmarks and ~hat are set forth in the
SRA DEVELOPMENT Document and approved by the BCC.
a) Commercial, retail, office, civic, institutional,
Page 213 of 247
--~.. ---'.--"
light industrial and manufacturing, ESSENTIAL
SERVICES, parks, residential and schools and
ACCESSORY USES shall be permitted. These uses
may occur in shared use BUILDINGS or single use
BUILDINGS.
b) The FLOOR AREA RATIO for the total
BUILDING area within each BLOCK shall not exceed
2.
'.,
c) The FLOOR AREA RATIO for retail and office
uses per BLOCK shall not exceed 0.5.
d) The FLOOR AREA RATIO for civic uses per
BLOCK shall not exceed 0.6.
e) The FLOOR AREA RATIO for light industrial
and manufacturing uses per BLOCK shall not exceed
0.45.
f) The maximum DENSITY for transient lodging
shall be 26 DWELLING UNITS per Town Center
gross acre.
g) The maximum BUILDING height shall be 5
stories, excluding roofs and architectural features.
h) The minimum LOT area shall be 1,000 square
feet.
i) The maximum BLOCK perimeter shall be 2500
Ft.
j) The minimum SETBACKS shall be 0 from all
property boundaries and the maximum SETBACK
shall be 10 feet from the front right of way line.
k) Overhead encroachments such as awnings,
balconies, arcades and the like, must maintain a clear
distance of 9 feet above the SIDEWALK and 15 feet
above the STREET.
I) Seating for outdoor dining shall be permitted to
encroach the public SIDEWALKS and shall leave a
minimum 6-foot clear pedestrian way between the
outdoor dining and the streetscape planting area.
Page 214 of 247
m) BUILDINGS within the Town Center shall be
made compatible through similar massing, volume,
FRONT AGE, scale and architectural features.
n) STREETS shall adhere to J.1.b. and Figures 1,
2, 3, or 4. At a minimum all proposed STREETS must
include SIDEWALKS on both sides of the STREET,
parallel to the RIGHT-OF-WAY, and a 5 Ft.
streetscape area between the back' of curb and the
SIDEW ALK. STREETS shall maintain a minimum
average BUILDING height to STREET width ratio of
1:1, excluding landmark BUILDINGS.
0) Parking space requirements and design are
the same as in the Town Core.
p) Landscape minimums are the same as in the
Town Core.
q) Signage requirements are the same as in the
Town Core.
iii. Neighborhood General. Neighborhood General is
predominately residential with a mix of single and multi-
family housing. Neighborhood scale goods and services,
schools, parks and OPEN SPACE diversify the
neighborhoods. The interconnected STREET pattern is
maintained through the Neighborhood General to disperse
traffic. SIDEWALKS and streetscape support the pedestrian
environment. The following design criteria shall apply within
Neighborhood General:
a) Residential, neighborhood scale goods and
services, civic, institutional, parks, schools and
ACCESSORY USEs shall be permitted.
b) The maximum allowable BUILDING height
shall be 3.5 stories.
c) The maximum BLOCK perimeter shall be 3500
feet, except that a larger BLOCK perimeter shall be
allowed where an ALLEY or PATHWAY provides
through ACCESS, or the BLOCK includes water
bodies or public facilities.
Page 215 of 247
-- -~-- -~_.,.
d) The SRA DEVELOPMENT Document shall set
forth the DEVELOPMENT standards for all allowable
types of single-family DEVELOPMENT, which shall,
at a minimum, adhere to the following:
i) The minimum LOT area shall be 1,000
square feet.
ii) Parking space requirements and design
are the same as in the Town Core, inclusive of
garage spaces, with an additional parking
space required if an accessory DWELLING
UNIT is built.
iii) Landscaping shall include a minimum of
sixty (60) square feet of shrub planting per
LOT, on LOTS that are 3,000 square feet or
less in area; eighty (80) square feet on LOTS
that are greater than 3,000 square feet but less
than 5,000 square feet in area; and 100 square
feet for LOTS 5,000 square feet or larger in
area. Plantings shall be in identified planting
areas, raised planters, or planter boxes in the
front of the dwelling, with, at a minimum, turf
grass for the remainder of the property.
e) Multi-family residential uses shall adhere to the
following:
i) LOTS shall be a maximum of 4 acres.
ii) FRONT and side YARD SETBACKS
shall be a minimum of 10 feet and rear YARD
SETBACKS shall be a minimum of 20 feet for
the primary STRUCTURE and 5 feet for any
ACCESSORY STRUCTURES.
iii) Porches, stoops, chimneys, bays
canopies, balconies and overhangs may
encroach into the FRONT YARD a maximum
of 3 ft. 6 in and a maximum of 3 Ft. into side
YARDS, but no element may encroach into a
side YARD such that. the distance to the
property line from the encroaching element is
less than 3 Ft. 2 In., except that overhangs
may encroach no more than 2 Ft. into any
Page 216 of 247
YARD.
iv) Parking space requirements and design
are the same as in the Town Core.
v) A minimum of 100 Sq. Ft. of shrub
planting shall be required for each 2,000 Sq.
Ft. of. ,BUILDING footprint, and one tree shall
be required for each 4,000 Sq. Ft. of LOT area,
inclusive of STREET trees, with such plantings
in planting areas, raised planters, or planter
boxes in the front of the BUILDING and a
minimum of turf grass for the remainder of the
property.
f) Non-residential uses shall adhere to the
following:
i) All such uses shall be located at
I
intersection comers or STREET bends. and
shall not be permitted at mid-BLOCK locations;
ii) If the non-residential use is a
RESTAURANT, grocery store, or convenience
store, it shall be located on an ALLEY loaded
site;
iii) The minimum distance between non-
residential uses shall be 1,000 feet, as
measured along the STREET FRONTAGE at
the RIGHT-OF-WAY line.
iv) The maximum square footage per use
shall be 3,000 square feet and per location
shall be 15,000 square feet;
v) The use shall have a minimum LOT
area of not less than the size of the smallest
ADJACENT LOT.
vi) The minimum SETBACKS shall be as
follows: 0 feet from the front property
boundary, a distance from the side property
boundary that is equal to the setback of the
ADJACENT property, and a minimum of 20
feet from the rear property boundary for the
Page 217 of 247
--- >-'---"'- --.- ,--~
PRINCIPAL STRUCTURE and 5 feet from the
rear property boundary for any ACCESSORY
STRUCTURES.
vii) Parking space requirements and design
are the same as in the Town Core, with on-
STREET parking provided only along the LOT
STREET FRONT AGE. No off-STREET parking
shall be permitted between the front factade
and the front property line. No off-STREET
parking shall be permitted between the side
factade and the STREET side property line for
comer LOTS. All off-STREET parking shall be
screened from the STREET and ADJACENT
property by wall, fence and/or landscaping.
viii) Landscaping shall include a minimum of
100 Sq. Ft. of shrub planting per 2,000 Sq. Ft.
of BUILDING footprint, and one tree per 4,000
Sq. Ft. of LOT area, inclusive of STREET
trees. Plantings shall be in planting areas,
raised planters, or planter boxes in the front of
the BUILDING. Minimum of turf grass for the
remainder of the property.
g) General signage requirements:
i) SIGN Area: The area of any SIGN shall
be the area of a rectangle which encloses all
elements of the SIGN (excluding poles and
brackets) including all text and any symbols or
logos.
ii) Allowable SIGN Area: The allowable
SIGN area (total of all individual SIGNS on that
factade or related to that FACADE) of a factade
facing a public STREET or a parking lot shall
be limited to 20% of the total area of the
factade.
iii) Mounting height: No part of a SIGN
which projects from a BUILDING or is mounted
on a pole or bracket sh;:lll be less than eight
feet above the GRADE unless not in the
pedestrian path.
Page 218 of 247
iv) Illumination: SIGNS may be illuminated
by external spot lighting or internally
illuminated. Lighting shall be designed and
shielded so as not to glare onto ADJACENT
properties or the public RIGHT-OF-WAY.
h) Prohibited SIGN Types:
.:..
i) Pole SIGNS
ji) Portable or mobile SIGNS except
sandwich boards
iii) Flashing or animated SIGNS (except
time and temperature SIGNS)
iv) SIGNS with changeable text including
v) Marquee - A SIGN usually projecting
from the face of a theater or cinema which
contains changeable text to announce events
vi) Banners
vii) Off-site SIGNS. billboards
viii) Sign age is prohibited outside of
Neighborhood Goods and Services Zones,
except as necessary within OPEN SPACES,
parks, and neighborhoods for directional and
area identification purposes.
i) The following SIGN types are allowable:
i) Wall - A SIGN affixed directly to an
exterior wall or fence. Maximum SIGN area -
24 square ft.
ii) Projecting - Any SIGN which projects
from and is supported by a wall of a BUILDING
with the display of the SIGN perpendicular to
the BUILDING wall. Maximum SIGN area =
The fa9ade area x .05. up to a maximum of 40
sq. ft.
iii) Window - A SIGN affixed to or behind a
window. Maximum SIGN area - 20% of the
area of the window.
iv) Hanging - A SIGN attached to and
located below any eave, canopy or awning.
Maximum area - 12 sq. ft. (may be double
sided)
Page 219 of 247
_.-,' --- -,.'-
v) Awning - A SIGN or graphic attached to
or printed on an awning. Maximum SIGN area
- 20% of the area of the awning.
vi) Monument - A SIGN secured to a base
which is built directly upon the ground.
Maximum SIGN area - 30 sq. ft., exclusive of
the base. (2 faces of 30 sq. ft. each). Maximum
height above GRADE - 4 feet.
vii) Sandwich boards - A movable SIGN
comprised of two SIGN panels hinged together
at the top. Maximum SIGN area - 12 square ft
(2 faces at 12 sq. ft. each).
viii) Temporary SIGNS as allowed by section
5.06.00.
D Signage within Neighborhood Goods and
Service Zones shall adhere to the following:
i) Signage design shall be carefully
integrated with site and BUILDING design to
create a unified appearance for the total
property.
ii) SIGNS shall be installed in a location
that minimizes conflicts with windows or other
architectural features of the BUILDING.
iii) SIGNS which create visual clutter or
which block the view of SIGNS on ADJACENT
property shall not be permitted
iv) Creativity in the design of SIGNS is
encouraged in order to emphasize the unique
character of the SRA.
k) STREETS shall adhere to J.1 .b and Figures 5.
6, 7, 8, or 10. At a minimum all proposed STREETS
must include SIDEWALKS on both sides of the
STREET, parallel to the RIGHT-OF-WAY, and a 5 Ft.
streetscape area between the back of curb and the
SIDEWALK.
iv. Neighborhood Edge (optional). Neighborhood Edge
is predominately a single-family residential neighborhood.
Page 220 of 247
This zone has the least intensity and diversity within the
Town. The mix of uses is limited. Residential LOTS are
larger and more OPEN SPACE is evident. The
Neighborhood Edge may be used to provide a transition to
adjoining rural land uses. The following standards shall
apply with the Neighborhood Edge:
a) The p~rmitted uses within the Neighborhood
Edge are residential, parks, OPEN SPACE, golf
courses, schools, ESSENTIAL SERVICES, and
ACCESSORY USEs.
b) BUILDING heights shall not exceed 2 stories.
c) LOTS shall have a minimum area of 5000
square feed with LOT dimensions and SETBACKS to
be further defined with the SRA DEVELOPMENT
Document.
d) The perimeter of each BLOCK may not exceed
5000 feet, unless an ALLEY or PATHWAY provides
through ACCESS, or the BLOCK includes water
bodies or public facilities.
e) Parking space requirements and design are
the same as in the Town Core, inclusive of garage
spaces, with provision for an additional parking space
if an accessory DWELLING UNIT is built.
f) Landscaping shall include a minimum of 100
Sq. Ft. of shrub planting per LOT, with plantings in
planting areas, raised planters, or planter boxed in the
front of the dwelling and a minimum of turf grass for
the remainder of the property.
g) STREETS shall adhere to J.1.b. and to Figures
9,11,12,13,14,15,16,17, or 18. At a minimum all
proposed STREETS must include a 10-foot
P A THW A V on one side of the STREET with an 8-foot
streetscape area between the edge of curb and the
PATHWAY.
v. Special District (optional). The Special District is
intended to provide for uses and DEVELOPMENT standards
not otherwise provided for within the Context Zones. Special
Districts would be primarily single use districts, such as
Page 221 of 247
universities, business parks, medical parks and resorts that
require unique DEVELOPMENT standards to ensure
COMPATABILlTY with surrounding neighborhoods. The
location of Special Districts shall be illustrated on the SRA
Master Plan, and uses and DEVELOPMENT standards shall
be defined in detail within the SRA DEVELOPMENT
application for review by Collier County staff. Special
Districts could be for uses such as Universities, business or
industrial parks, retirement communities, resorts, etc.
3. Village Design Criteria.
a. General criteria.
i. Villages are comprised of residential neighborhoods
and shall include a mixed-use VILLAGE CENTER to serve
as the focal point for the community's support services and
facilities.
ii. Villages shall be designed in a compact, pedestrian-
friendly form.
Hi. Create an interconnected STREET system designed
to disperse and reduce the length of automobile trips.
iv. Offer a range of housing types and price levels to
accommodate diverse ages and incomes. Accessory
DWELLING UNITS shall not count towards the maximum
allowed DENSITY.
v. Be developed in a progressive rural to urban
continuum with the greatest DENSITY, intensity and diversity
occurring within the VILLAGE CENTER, to the least
DENSITY, intensity and diversity occurring within the
Neighborhood Edge.
vi. The SRA document shall demonstrate the urban to
rural transition occurring at the Villages limits boundary
provides sufficient transition to the adjoining use, such as
active agriculture, pasture, rural roadway, etc., and
COMPATABILlTY through the use of BUFFERing, OPEN
SP ACE, land use, or other means.
vii. Shall allow SIGNS typically permitted in support of
residential uses including for sale, for rent, model home and
temporary constructions SIGNS. Specific design and
DEVELOPMENT standards shall be set forth in the SRA
Page 222 of 247
document for such SIGNS permitted in residential areas or in
conjunction with residential uses.
viii. To the extent that section 5.05.08 is applicable within the
Urban designated area, SRA Architectural Design Standards
shall comply with the provisions of section 5.05.08, unless
additional or different design standards that deviate from
section 5.05.08, in, whole or part, are submitted to the
County no later than when the first SRA Site
DEVELOPMENT PLAN is submitted for approval.
ix. To the extent that section 4.06.00 is applicable within the
Urban designated area, SRA Landscape Design and
Installation Standards shall comply with the provisions of
section 4.06.00, unless additional or different design and
installation standards that deviate from section 4.06.00, in
whole or in part, are submitted to the County no later than
when the first SRA Site DEVELOPMENT PLAN is submitted
for approval.
b. Transportation Network. The transportation network for a
Village shall adhere to the same standards provided for within a
Town.
c. Parks. A Village shall provide a range of active and passive
parks, squares and playgrounds as appropriate to be located within
each Context Zone and Special District.
d. Context Zones.
i. General.
a) Villages shall be designed to include a
minimum of two Context Zones: VILLAGE CENTER
and Neighborhood General.
b) Each Zone shall blend into the other without
the requirements of BUFFERS.
c) Villages may include the Context Zone of
Neighborhood Edge.
d) Villages may include Special Districts to
accommodate uses that require use specific design
standards not otherwise provided for within the
Context Zones.
Page 223 of 247
- ,-;-~
e) The SRA Master Plan shall designate the
location of each Context Zone and each Special
District. The VILLAGE CENTER shall be designated
in one location. Neighborhood General,
Neighborhood Edge and Special District may be
designated in multiple locations.
f) Context Zones are intended to guide the
location of uses and their intensity and diversity within
a Village, and provide for the establishment of the
urban to rural continuum.
ii. VILLAGE CENTER.
a) The allowable uses within a VILLAGE
CENTER are commercial, retail, office, civic,
institutional, ESSENTIAL SERVICES, parks,
residential and schools and ACCESSORY USEs.
b) Uses may occur in shared use BUILDINGS or
single use BUILDINGS.
c) The FLOOR AREA RATIO of any use shall not
exceed 2 for the total BUILDING area within each
BLOCK, shall not exceed 0.5 for retail and office uses
per BLOCK shall not exceed 0.6 for civic uses per
BLOCK.
d) Transient Lodging - 26 DWELLING UNITS per
VILLAGE CENTER gross acre
e) Maximum BUILDING height - 5 Stories,
excluding roofs and architectural features.
f) Minimum LOT area: 1 ,000 SF
g) BLOCK Perimeter: 2,500 Ft. max
h) Front SETBACKS - 0 to 10 feet from the
RIGHT-OF-WAY line
i) Side SETBACKS - 0 feet.
j) Rear SETBACKS - 0 feet
Page 224 of 247
k) Overhead encroachments such as awnings,
balconies, arcades and the like, must maintain a clear
distance of 9 feet above the SIDEWALK and 15 feet
above the STREET.
I) Seating for outdoor dining shall be permitted to
encroach the public SIDEWALKS and shall leave a
minimum 6~.f~ot clear pedestrian way between the
outdoor dining and the streetscape planting area.
m) The design of civic or institutional BUILDINGS
shall not be subject to the specific standards of this
subsection which regulate BUILDING height,
BUILDING placement, BUILDING use, parking, and
signage but, instead, shall be subject so specific
design standards that address the perspective of
these BUILDINGS' creating focal points, terminating
vistas, and significant community landmarks and that
are set fortI"", in the SRA DEVELOPMENT Document
and approved by the BCC.
I
I
n) BUILDINGS within the VILLAGE CENTER
shall be made compatible through similar massing,
volume, FRONT AGE, scale and architectural
features.
0) STREETS shall adhere to J.1.b. and Figures 1,
2, 3, or 4. At a minimum all proposed STREETS shall
include SIDEWALKS on both sides of the STREET,
parallel to the RIGHT-OF-WAY, and a 5 Ft.
streetscape area between the back of curb and the
SIDEW ALK. STREETS shall maintain a minimum
average BUILDING height to STREET width ratio of
1:1, excluding landmark BUILDINGS.
p) General parking criteria
i) On-STREET parking spaces within the
limits of the front property line, as projected
into the RIGHT-OF-WAY, shall count towards
the required number of parking spaces.
ii) The majority of p~uking spaces shall be
provided off-STREET in the rear of
BUILDINGS, or along the side (secondary
STREETS). Parking is prohibited in front of
Page 225 of 247
--- .~.- ~-"---'
BUILDINGS.
iii) Parking areas shall be organized into a
series of small bays delineated by landscape
islands of varied sized. A maximum spacing
between landscape islands shall be 10 spaces.
Landscape islands shall have a minimum of
one c~nopy tree.
iv) Parking LOTS shall be' accessed from
ALLEYS, service lanes or secondary
STREETS.
q) The majority of parking spaces shall be
provided off-STREET in the rear of BUILDINGS, or
along the side (secondary STREETS), organized into
a series of small bays delineated by landscape
islands of varied sized. A maximum spacing between
landscape islands shall be 10 spaces. Landscape
islands and tree diamonds shall have a minimum of
Parking is prohibited in I
one tree. front of
BUILDINGS, except within the RIGHT-OF-WAY.
Parking LOTS shall be accessed from ALLEYS,
service lanes or secondary STREETS. Parking
STRUCTURES fronting on a primary STREET shall
include ground floor retail. Parking STRUCTURES
fronting on a secondary STREET shall have a
minimum 10Ft. wide, densely landscaped area at
GRADE, including one tree per 250 square feet of
landscaped area or twenty-five (25) lineal feet on-
center. The amount of required parking shall be
demonstrated through a shared parking analysis
submitted with an SRA designation application.
Parking shall be determined utilizing the modal splits
and parking demands for various uses recognized by
ITE, ULI or other sources or studies. The analysis
shall demonstrate the number of parking spaces
available to more than one use or function,
recognizing the required parking will vary depending
on the multiple functions or uses in close proximity
which are unlikely to require the spaces at the same
time.
r) Landscaping minimums. within the VILLAGE
CENTER shall be met by providing landscaping within
parking LOTS as described, and by providing a
streetscape area between the SIDEWALK and curb
Page 226 of 247
at a minimum of 5 Ft. in width. In these areas,
SIDEW ALK protection such as root barriers,
continuous three pits, and/or structural soils shall be
provided. Trees shall be planted forty (40) feet on-
center. The STREET tree pattern may be interrupted
by architectural elements such as arcades and
columns.
s) Signage standards within the VILLAGE
CENTER shall comply with those 'provided in the
Town Center.
iii. Neighborhood General. Design standards for the
Neighborhood General within a Village shall be the same as
defined within a Town.
iv. Neighborhood Edge (optional). Design standards for
the Neighborhood Edge within a Village shall be the same as
defined within a Town.
v. Special District (optional). The Special District is intended
to provide for uses and DEVELOPMENT standards not
otherwise provided for within the Context Zones. Uses and
DEVELOPMENT standards shall be defined in detail within
the SRA DEVELOPMENT application for review by Collier
County staff.
4. Hamlet Design Criteria.
a. General.
i. Hamlets are small rural residential areas with
primarily single-family housing and limited range of
convenience-oriented services.
ii. Hamlets may include the Context Zones of
Neighborhood General and Neighborhood Edge.
iii. Non-residential uses shall be provided in one location,
such as a crossroads, and designed to incorporate the
community green.
b. OPEN SPACES and parks. At a mrnimum, Hamlets shall
provide a public green equal to a minimum of 1 % of the total
Hamlet gross acreage.
Page 227 of 247
--~._.. .~,- ----.
c. Context Zones. Context Zones are intended to guide the
location of uses and their intensity and diversity within a Hamlet,
and provide for the establishment of the urban to rural continuum.
i. Neighborhood General. Neighborhood General is
predominately residential with a mix of single and multi-
family housing. Neighborhood scale goods and services,
schools, parks.~nd OPEN SPACE diversify the
neighborhoods. The STREET grid is maintained through the
Neighborhood General to disperse traffic. SIDEWALKS and
streetscape support the pedestrian environment. The design
criteria applicable within Neighborhood General are as
follows:
a) Uses -residential, neighborhood scale goods
and services, civic, institutional, parks and schools.
b) BUILDING height - 3.5 Stories
c) BLOCK Perimeter: 3500 Ft. max. I The
maximum may be greater if an ALLEY or PATHWAY
provides through ACCESS, or the BLOCK includes
water bodies or public facilities.
d) For single-family residential uses:
i) Minimum LOT area: 1,000 SF
ji) SETBACKS and encroachments to be
defined in the SRA DEVELOPMENT
Document
iii) Parking space requirements and design are
the same as in the Town Core, with provision
for an additional parking space if an accessory
DWELLING UNIT is built.
iv) Landscaping - Minimum of 60 Sq. Ft. of
shrub planting per LOT. Plantings shall be in
planting areas, raised planters, or planter
boxed in the front of the dwelling. Minimum of
turf grass for the remainder of the property.
e) For multi-family residential uses:
i) Maximum LOT area: 4 acres.
Page 228 of 247
.
ii) FRONT YARD SETBACKS - 10Ft.
iii) Minimum side YARD SETBACKS - 10
Ft.
iv) Minimum rear YARD SETBACKS - 20
Ft. for primary STRUCTURE, 5 Ft. for
ACCESSORY STRUCTURES
v) Encroachments: Porches, stoops,
chimneys, bays canopies, balconies and
overhangs may encroach into the FRONT
YARD 3 Ft. 6 In. These same elements may
encroach 3 Ft. into side YARDS but no
element may encroach into a side YARD such
that the distance to the property line from the
encroaching element is less than 3 Ft. 2 In.
except that overhangs may encroach 2 Ft. into
any YARD.
vi) Parking space requirements and design
are the same as in the Town Core.
vii) Landscaping- Minimum of 100 Sq. Ft. of
shrub planting per 2,000 Sq. Ft. of BUILDING
footprint, and on tree per 4,000 Sq. Ft. of LOT
area, inclusive of STREET trees. Plantings
shall be in planting areas, raised planters, or
planter boxes in the front of the BUILDING.
Minimum of turf grass for the remainder of the
property.
f) Non-residential uses
i) Location: at intersection corner. Mid-
BLOCK locations are not allowed.
ii) Maximum square footage per use is
5,000.
jii) Maximum square footage per location is
20,000.
iv) Min. LOT area: No less than the min.
LOT area of the smallest ADJACENT LOT.
Page 229 of 247
~._" ...~-..,~--~- -->~.
v) Front SETBACKS - Equal to the
smallest utilized SETBACK of the ADJACENT
LOT
vi) Side SETBACKS - Equal to the smallest
utilized SETBACK of the ADJACENT LOT
vii) Rear SETBACKS - minimum 20 feet for
the PRINCIPAL STRUCTURE and 5 feet for
any ACCESSORY USE
viii) Parking. Parking space requirements
and design are the same as in the Town Core.
On-STREET parking must be provided along
the LOT STREET FRONTAGE. No' off-
STREET parking shall be permitted between
the front fayade and the front property line. All
off-STREET parking shall be screened from
I
the STREET and ADJACENT property by wall,
fence and/or landscaping. I
1
ix) Landscaping. Minimum of 100 Sq. Ft. of
shrub planting per 2,000 Sq. Ft. of BUILDING
footprint, and on tree per 4,000 Sq. Ft. of LOT
area, inclusive of STREET trees. Plantings
shall be in planting areas, raised planters, or
planter boxes in the front of the BUILDING.
Minimum of turf grass for the remainder of the
property.
x) Signage within Neighborhood General
shall comply with the standards provided in the
Town Neighborhood General.
xi) STREETS shall adhere to J.1.b. and
Figures 5, 6, 7, 8, or 10. At a minimum all
proposed STREETS must include
SIDEW ALKS on both sides of the STREET,
parallel to the RIGHT-OF-WAY, and a 5 foot
streetscape area between the back of curb and
the SIDEWALK.
ii. Neighborhood Edge. Neighborhood Edge is
predominately a single-family residential neighborhood. This
zone has the least intensity and diversity. The mix of uses is
Page 230 of 247
limited. Residential LOTS are larger and more OPEN
SPACE is evident. The Neighborhood Edge may be used to
provide a transition to adjoining rural land uses.
a) Uses - residential, parks, golf courses,
schools, ESSENTIAL SERVICES
b) BUI~DING height - 2 Stories
c) Minimum LOT area 5000 square feet
d) SETBACKS to be further defined within the
SRA DEVELOPMENT Document
e) BLOCK Perimeter: 5000 feet max. The
maximum may be greater if an ALLEY or PATHWAY
provides through ACCESS, or the BLOCK includes
water bodies or public facilities.
f) Parking. - Parking space requirements and
design are the same as in the Town Core. Provision
shall be made for an additional parking space if an
accessory DWELLING UNIT is built.
g) Landscaping. Minimum of 100 Sq. Ft. of shrub
planting per LOT. Plantings shall be in planting areas,
raised planters, or planter boxed in the front of the
dwelling. Minimum of turf grass for the remainder of
the property.
h) STREETS shall adhere to J.1.b and Figures 9,
11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all
proposed STREETS must include a 1 a-foot
PATHWAY on one side of the STREET with an 8-foot
streetscape area between the edge of curb and the
PATHWAY.
5. Compact Rural DEVELOPMENT Criteria
a. General.
i. Compact Rural DEVELOPMENT (CRD) is a form of
SRA that will provide flexibility with respect to the mix of
uses and DEVELOPMENT standards, but shall otherwise
comply with the design standards of a Hamlet or Village.
ii. A CRD may include, but is not required to have
Page 231 of 247
---.. . "-_.~..
permanent residential housing and the services and facilities
that support permanent residents.
Hi. Except as described above, a CRD will conform to the
design standards of a Village or Hamlet as set forth. herein
based on the size of the CRD. As residential units are not a
required use, those goods and services that support
residents such as retail, office, civic, governmental and
institutional uses shall also not be required,. however for any
CRD that does include permanent residential housing, the
proportionate support services shall be provided.
b. Example. An example of a CRD is an ecotourism village
that would have a unique set of uses and support services different
from a traditional residential village. It would contain transient
lodging facilities and services appropriate to eco-tourists, but may
not provide for the range of services that necessary to support
permanent residents.
6. Design Criteria Common to SRAs.
a. PARCELS of one (1) acre or more, with a Natural Resource
Index rating greater than 1.2, must be preserved as OPEN
SPACE and maintained in a predominantly naturally vegetated
state.
b. A minimum of thirty-five (35) percent of the SRA land
designated as Town or Village shall be kept in OPEN SPACE.
c. SRA design shall demonstrate that ground water table draw
down or diversion will not adversely impact the hydroperiods of
ADJACENT FSA, HSA, WRA or Conservation Land and will not
adversely affect the water use rights of either ADJACENT
DEVELOPMENTS or ADJACENT agricultural operations and
will comply with the SFWMD Basis of Review. Detention and
control elevations shall be established to protect natural areas
and be consistent with surrounding land and project control
elevations and water tables.
d. Where an SRA adjoins an FSA, HSA, WRA or existing public or
private conservation land delineated on the RLSA Overlay Map,
best management and planning practices shall be applied to
minimize ADVERSE IMPACTS to such lands. Best
management practices shall include the following:
i. The perimeter of each SRA shall be designed to provide a
transition from higher DENSITY and intensity uses within the
SRA to lower DENSITY and intensity uses on adjoining
Page 232 of 247
property. The edges of SRAs shall be well defined and
designed to be compatible with the character of adjoining
property. Techniques such as, but not limited to
SETBACKS, LANDSCAPE BUFFERS, and
recreation/OPEN SPACE placement may be used for this
purpose.
ii. OPEN SPACE within or contiguous to an SRA shall be used
to provide a BUFFER between the SRA and any adjoining
FSA, HSA, or existing public or private conservation land
delineated on the RLSA Overlay Map. OPEN SPACE
contiguous to or within 300 feet of the boundary of an FSA,
HSA, or existing public or private conservation land may
include: natural preserves, lakes, golf courses provided no
fairways or other turf areas are allowed within the first 200
feet, passive recreational areas and parks, required YARD
and set-back areas, and other natural or man-made OPEN
SPACE. Along the west boundary of the FSAs and HSAs
that comprise Camp Keais Strand, Le., the area south of
Immokalee Road, this OPEN SPACE BUFFER shall be 500
feet wide and shall preclude golf course fairways and other
turf areas within the first 300 feet.
e. Where a WRA is incorporated into the stormwater system of an
SRA, the provisions of Section 4.08.04 A.4.b. apply.
f. Where existing agricultural activity adjoins an SRA, the design
of the SRA must take this activity into account to allow for the
continuation of the agricultural activity and to minimize any
conflict between agriculture and SRA uses.
7. Infrastructure Required. An SRA shall have adequate
infrastructure available to serve the proposed DEVELOPMENT, or
such infrastructure must be provided concurrently with the demand
as identified in Chapter 6 of the LDC. The level of infrastructure
required will depend on the type of DEVELOPMENT, accepted
civil engineering practices, and the requirements of this Section.
a. The capacity of infrastructure serving the SRA must be
demonstrated during the SRA designation process in
accordance with the provisions in Chapter 6 of the LDC in effect
at the time of SRA designation.
b. Infrastructure to be analyzed will include facilities for
transportation, potable water, WASTEWATER, irrigation water,
stormwater management, and SOLID WASTE.
c. Centralized or decentralized community water and
WASTEWATER utilities are required in Towns, Villages, and
those CRDs exceeding 100 acres in size. Centralized or
Page 233 of 247
decentralized community water and WASTEWATER utilities
shall be constructed, owned, operated and maintained by a
private utility service, the developer, a Community
DEVELOPMENT District, other special districts the Immokalee
Water Sewer Service District, Collier County Water and Sewer
District, or other governmental entity. This Section shall not
prohibit innovative alternative water and WASTEWATER
treatment systems such as decentralized community treatment
systems provided that they meet all applicable regulatory
criteria. ..,
d. Individual potable water supply wells and septic systems, limited
to a maximum of 100 acres of any Town, Village or CRD are
permitted on an interim basis until services from a
centralized/decentralized community system are available.
e. Individual potable water supply wells and septic systems are
permitted in Hamlets and may be permitted in CRDs of 100
acres or less in size.
8. Requests for Deviations from the LDC. The SRA DEVELOPMENT
Document may provide for nonprocedural deviations from the LDC,
provided that all of the following are satisfied:
a. The deviations are consistent with the RLSA Overlay;
b. The deviations further the RLSA District Regulations and are
consistent with those specific Design Criteria from which
Section 4.08.05 J.2. - 5. expressly prohibits deviation; and
c. It can be demonstrated that the proposed deviation(s) further
enhance the tools, techniques and strategies based on
principles of innovative planning and DEVELOPMENT
strategies, as set forth in ~~ 163.3177 (11), F.S. and Chapter
9J-5.006(5)(L), F.A.C.
K. SRA Public Facilities Impact Assessments. Impact assessments are
intended to identify methods to be utilized to meet the SRA generated
impacts on public facilities and to evaluate the self-sufficiency of the
proposed SRA with respect to these public facilities. Information
provided within these assessments may also indicate the degree to
which the SRA is consistent with the fiscal neutrality requirements of
Section 4.08.05 L. Impact assessments shall be prepared in the
following infrastructure areas:
1. T ranspo rtation. A transportation impact assessment meeting the
requirements of Chapter 10 of the LDC or its successor regulation
or procedure, shall be prepared by the APPLICANT as component
of an Impact Assessment Report that is submitted as part of an
SRA Designation Application package.
Page 234 of 247
a. In addition to the standard requirements of the analyses
required above, the transportation impact assessment shall
specifically consider, to the extent applicable, the following
issues related to the highway network:
(1) Impacts to the LEVEL OF SERVICE of impacted roadways
and intersections, comparing the proposed SRA to the
impacts of conventional Baseline Standard
DEVELOPMENT;'"
(2) Effect(s) of new roadway facilities planned as part of the
SRA Master Plan on the surrounding transportation system;
and
(3) Impacts to agri-transport issues, especially the farm-to-
market movement of AGRICUL TURAL PRODUCTS.
b. The transportation impact assessment, in addition to
considering the impacts on the highway system, shall' also
consider public transportation (transit) and bicycle and
pedestrian issues to the extent applicable.
I
c. No SRA shall be approved unless the transportation impact
assessment required by this Section has demonstrated through
data and analysis that the capacity of County/State
COLLECTOR or ARTERIAL ROAD(S) serving the SRA to be
adequate to serve the intended SRA uses in accordance with
Chapter 6 of the LDC in effect at the time of SRA designation.
2. Potable Water. A potable water assessment shall be prepared by
the APPLICANT as a component of an Impact Assessment Report
that is submitted as part of an SRA Designation Application
package. The assessment shall illustrate how the APPLICANT will
conform to either Florida Adminsitrative Code for private and
limited use water systems, or for Public Water Systems. In
addition to the standard requirements of the analyses required
above, the potable water assessment shall specifically consider, to
the extent applicable, the disposal of waste products, if any,
generated by the proposed treatment process. The APPLICANT
shall identify the sources of water proposed for potable water
supply.
3. Irrigation Water. An irrigation water assessment shall be prepared
by the APPLICANT as a component of an Impact Assessment
Report that is submitted as part of an SRA Designation Application
package. The assessment shall quantify the anticipated irrigation
water usage expected at the buildout of the SRA. The assessment
shall identify the sources of water proposed for irrigation use and
shall identify proposed methods of water conservation.
Page 235 of 247
.~,.~-- <-'--'" -----'0
",.--
4. WASTEWATER. A WASTEWATER assessment shall be
prepared by the APPLICANT as a component of an Impact
Assessment Report that is submitted as part of an SRA
Designation Application package. The assessment shall illustrate
how the APPLICANT will conform to either Standards for. Onsite
Sewage Treatment and Disposal Systems, contained in Florida
Adnimistrative Code for systems having a capacity not exceeding
10,000 gallons per day or for WASTEWATER treatment systems
having a capacity greater than 10,000 gallons per day. In addition
to the standard requirements of the analyses required above, the
WASTEWATER assessment shall specifically consider, to the
extent applicable, the disposal of waste products generated by the
proposed treatment process.
5. SOLID WASTE. A SOLID WASTE assessment shall be prepared
by the APPLICANT as a component of an Impact Assessment
Report that is submitted as part of an SRA Designation Application
package. The assessment shall identify the means and methods
for handling, transporting and disposal of all SOLID WASTE
generated including but not limited to the collection, handling and
disposal of recyclables and horticultural waste products. The
APPLICANT shall identify the location and remaining disposal
capacity available at the disposal site.
6. Stormwater Management. A stormwater management impact
assessment shall be prepared by the APPLICANT as a
component of an Impact Assessment Report that is submitted as a
part of an SRA Designation Application Package. The stormwater
management impact assessment shall, at a minimum, provide the
following information:
a. An exhibit showing the boundary of the proposed SRA including
the following information:
(1) The location of any WRA delineated within the SRA;
(2) A generalized representation of the existing stormwater flow
patterns across the site including the location(s) of
discharge from the site to the downstream receiving waters;
(3) The land uses of adjoining properties and, if applicable, the
locations of stormwater discharge into the site of the
proposed SRA from the adjoining properties.
b. A narrative component to the report including the following
information:
(1) The name of the receiving water or, if applicable, FSA or
WRA to which the stormwater discharge from the site will
ultimately outfall;
Page 236 of 247
(2) The peak allowable discharge rate (in cfs / acre) allowed for
the SRA per Collier County Ordinance 90-10 or its successor
regulation;
(3) If applicable, a description of the provisions to be made to
accept stormwater flows from surrounding properties into,
around, or through the constructed surface water
management system of the proposed DEVELOPMENT;
(4) The types of stormwater detention areas to be
constructed as part of the surface water management
system of the proposed DEVELOPMENT and water quality
treatment to be provided prior to discharge of the runoff from
the site; and
(5) If a WRA has been incorporated into the
stormwater management system of an SRA, the report shall
demonstrate compliance with provisions of Section 4.08.04
A.4.b. ,
L. SRA Economic Assessment. An Economic Assessment meeting the
requirements of this Section shall be prepared and submitted as part of
the SRA Designation Application Package. At a minimum, the analysis
shall consider the following public facilities and services:
transportation, potable water, WASTEWATER, irrigation water,
stormwater management, SOLID WASTE, parks, law enforcement,
emergency medical services, fire, and schools. DEVELOPMENT
phasing and funding mechanisms shall address any ADVERSE
IMPACTS to adopted minimum levels of service pursuant to the
Chapter 6 of the LDC.
1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate
that its DEVELOPMENT, as a whole, will be fiscally neutral or
positive to the Collier County tax base, at the end of each phase,
or every five (5) years, whichever occurs first, and in the horizon
year (build-out). This demonstration will be made for each unit of
government responsible for the services listed below, using one of
the following methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model
officially adopted and maintained by Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not
adopted a fiscal impact model as indicated above, the
APPLICANT may develop an alternative fiscal impact model
using a methodology approved by Collier County. The model
methodology will be consistent with the Fiscal Impact Analysis
Model ("FlAM") developed by the State of Florida or with
Burchell et aI., 1994, DEVELOPMENT Assessment Handbook
(ULI). The BCC may grant exceptions to this policy of fiscal
Page 237 of 247
-" -.
neutrality to accommodate affordable or WORKFORCE
HOUSING.
2. Monitoring Requirement. To assure fiscal neutrality, the developer
of the SRA shall submit to Collier County a fiscal impact analysis
report ("Report") every five (5) years until the SRA is ni!lety (90)
percent built out. The Report will provide a fiscal impact analysis
of the project in accord with the methodology outlined above.
3. Imposition of Special Assessments. If the Report identifies a
negative fiscal impact of the project to a unit of local government
referenced above, the landowner will accede to a special
assessment on his property to offset such a shortfall or in the
alternative make a lump sum payment to the unit of local
government equal to the present value of the estimated shortfall for
a period covering the previous phase (or five year interval). The
BCC may grant a waiver to accommodate AFFORDABLE
HOUSING. I
4. Special Districts Encouraged in SRAs. The use of community
DEVELOPMENT districts (CDDs), Municipal Service Benefit Units
(MSBUs), Municipal Service Taxing Units (MSTUs), or 9ther
special districts shall be encouraged in SRAs. When formed!, the
special districts shall encompass all of the land designated for
DEVELOPMENT in the SRA. Subsequent to formation, the special
district will enter into an Interlocal agreement with the County to
assure fiscal neutrality. As outlined above, if the monitoring
reveals a shortfall of net revenue, the special district will impose
the necessary remedial assessment on lands in the SRA.
4.08.08 BASELINE STANDARDS
A. PURPOSE AND INTENT. These Baseline Standards will remain in effect for
all land within the RLSA District unless or until such land becomes subject to the
transfer or receipt of Stewardship Credits, except as to those AGRICUL TURAL
USES subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The
Baseline Standards are intended to protect water quality and quantity, maintain
the natural water regime, and protect listed animal and plant species and their
habitats on land that has not been designated as an SSA or SRA. The
opportunity to voluntarily participate in the Stewardship Credit Program, as well
as the right to sell conservation EASEMENTS or a fee or lesser interest in the
land, shall constitute compensation for the loss of any DEVELOPMENT rights
related to these standards.
B. APPLICABILITY OF CODE. Except as otherwise specifically
provided in this section section 4.08.00, those provisions 01 this Code in effect as
of November [ ], 1999, shall apply to all land within the RLSA District unless or
until such lands become subject to the transfer or receipt of Stewardship Credits.
Page 238 of 247
C. ALLOW ABLE USES. The permitted, accessory, and CONDITIONAL
USES allowed shall be those set forth in section 2.03.00 in effect as of November
[ ], 1999, with the following exceptions:
1. Residential Uses, General CONDITIONAL USES, Earth Mining and
Processing Uses, and Recreational Uses (layers 1-4) as listed in the
Matrix at section 4.08.00 shall be eliminated in all FSAs, as provided in
section 4.08.00.
2. CONDITIONAL USE ESSENTIAL SERVICES arid govemmental
ESSENTIAL SERVICES, except those necessary to serve permitted uses
or for public safety, shall only be allowed in FSAs with an Index value of
1.2 or less, as provided in section 4.08.00.
3. Directional-drilling techniques and/or previously cleared or
disturbed areas shall be utilized for OIL AND GAS EXPLORATION and
oil and gas field DEVELOPMENT and production activities in FSAs and
HSAs in order to minimize impacts to native habitats, when determined to
be practicable. This requirement shall be deemed satisfied upon
issuance of a state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity
occurs within the Big Cypress Watershed, as defined in Rule 62C-
30.001 (2), F.A.C. All applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of the issuance of
all applicable federal and/or state oil and gas permits for proposed oil and
gas activities in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S.,
to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even
if outside the defined Big Cypress Watershed. All oil and gas ACCESS
roads shall be constructed and protected from unauthorized uses
according to the standards established in Rule 62-30.005(2)(a)(1) through
(12), F.A.C.
4. Asphaltic and concrete batch making plants shall be prohibited
in areas mapped as HSAs.
D. STANDARDS APPLICABLE INSIDE THE ACSC. RLSA District lands
within the ACSC shall be subject to all ACSC regulatory standards, including
those that strictly limit non-agricultural clearing.
E. STANDARDS APPLICABLE OUTSIDE THE ACSC: Except to the extent
superceded by G. or H. below, the following standards shall apply to all
DEVELOPMENT within those areas of the RLSA District that are outside of the
Page 239 of 247
. "",.- ~. --,-- -"--'"
ACSC, other than agricultural operations that fall within the scope of sections
163.3162 (4) and 823.14(6), F.S., and single family residential dwellings, unless
or until such lands are subject to transmittal or receipt of Stewardship Credits:
1. A wildlife survey, as set forth in Chapter 10, shall be required for all
PARCELS when listed species are known to inhabit biological
communities similar to those existing on site or where listed species are
directly observed on the site.
2. A minimum of 40% of the NATIVE VEGETATION on the project site
must be retained. If listed species are directly observed on the site of the
project or are indicated by evidence, such as denning, foraging, or other
indications, first priority shall be given to preserving the habitat of such
listed species.
3. If the wildlife survey indicates that listed species are utilizing the
site, or the site is capable of supporting and is likely to support listed
species, a wildlife habitat management plan shall be prepared and
submitted to the County. I
I
a. The wildlife habitat management plan within the ~LSA
District shall include the following techniques to protect listed
species from the negative impacts of DEVELOPMENT:
i. OPEN SPACE and vegetation preservation
requirements shall be used to establish BUFFER areas
between wildlife habitat areas and areas dominated by
human activities.
ii. Fencing, walls, other obstructions, or other provisions
shall be used to minimize DEVELOPMENT impacts to the
listed species and to encourage wildlife to use wildlife
corridors.
iii. Roadways crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
b. The wildlife habitat management plan shall also incorporate
the following:
i. a description of the techniques used to direct
incompatible land uses away from listed species and their
habitats and to comply with the criteria identified in 1 and 2
above, as applicable;
Page 240 of 247
ii. identification of appropriate lighting controls for
permitted uses and' a consideration of the opportunity to
utilize prescribed burning to maintain fire-adapted preserved
vegetation communities and provide browse for white-tailed
deer, consistent with the UFWS South Florida Multi':'Species
Recover Plan, May 1999, except as recommended
otherwise by the UFWS or FFWCC; and
, .
Hi. if the DEVELOPMENT will be larger than 10 acres, a
monitoring program.
c. The following references shall be used, as appropriate, to
prepare the wildlife habitat management plan:
i. South Florida Multi-Species Recovery Plan, USFWS,
1999.
ii. Habitat Management Guidelines for the Bald Eagle in
the Southeast Region, USFWS, 1987.
iii. Ecology and Habitat Protection Needs of Gopher
Tortoise (Gopherus polyphemus) Populations found on
Lands Slated for Large Scale DEVELOPMENT in Florida,
Technical Report No.4, Florida Game and Fresh Water Fish
Commission, 1987.
iv. Ecology and DEVELOPMENT-Related Habitat
Requirements of the Florida Scrub Jay (Apelocoma
coerulescens), Technical Report No.8, Florida Game and
Fresh Water Fish Commission, 1991.
v. Ecology and Habitat Protection Needs of the
Southeastern American Kestrel (Falco Sparverius Paulus)
on Large-scale DEVELOPMENT Sites in Florida, Nongame
Technical Report No. 13, Florida Game and Fresh Water
Fish Commission, 1993.
d. The following species specific provisions shall be included
within the wildlife habitat management plan if the wildlife survey
indicates that the identified species utilizes the site or the site is
capable of supporting and is likely to support such species:
i. Gopher tortoise. For PARCELS containing gopher
tortoises (Gopherus polyphemus), priority shall be given to
protecting the largest, most contiguous gopher tortoise
habitat with the greatest number of active burrows, and for
Page 241 of 247
,",,^'" .-.,.. -,
providing a connection to off site ADJACENT gopher
tortoise preserves.
ii. Florida scrub jay. Habitat preservation for the Florida
scrub jay (Aphelocoma coerulescens) shall conform to the
guidelines contained in Technical Report No.8; Florida
Game and Fresh Water Fish Commission, 1991. A
maintenance prog.r~m shall be established, which shall
specify appropriate fire or mechanical protocols to maintain
the natural scrub community. A public awareness program
to educate residents about the on-site preserve and the
need to maintain the scrub vegetation shall be developed.
These requirements shall be consistent with the UFWS
South Florida Multi-Species Recovery Plan, May 1999.
iii. Bald eagle. For the bald eagle (Haliaeetus
leucocephalus), the required habitat management plans
shall establish protective zones around the eagle nest
restricting certain activities. The plans shall also address
restricting certain types of activities during the nest season.
These requirements shall be consistent with the UfWS
South Florida Multi-Species Recover Plan, May 1999.
iv. Red-cockaded woodpecker. For the red-cockaded
woodpecker (Ipicoides borealis), the required habitat
protection plan shall outline measures to avoid ADVERSE
IMPACTS to active clusters and to minimize impacts to
foraging habitat. Where adverse effects cannot be avoided,
measures shall be taken to minimize on-site disturbance and
compensate or mitigate for impacts that remain. These
requirements shall be consistent with the UFWS South
Florida Multi-Species Recovery Plan, May 1999.
v. Florida black bear. In areas where the Florida black
bear (Ursus americanus floridanus) may be present, the
management plans shall require that garbage be placed in
bear-proof containers, at one or more central locations. The
management plan shall also identify methods to inform local
residents of the concems related to interaction between
black bears and humans. Mitigation for impacting habitat
suitable for black bear shall be considered in the
management plan.
vi. Panther. For projects located in Priority I or Priority II
Panther Habitat areas, the management plan shall
discourage the destruction of undisturbed, native habitats
Page 242 of 247
that are preferred by the Florida panther (Felis concolor
coryi) by directing intensive land uses to currently disturbed
areas. Preferred habitats include pine flatwoods and
hardwood hammocks. In tum, these areas shall be
BUFFERED from the most intense land uses of the project
by using low intensity land uses (e.g., parks, passive
recreational areas, golf courses).
4. On property where the wildlife survey establishes that listed species
are utilizing the site or where the site is capable of supporting listed
species and such listed species can be anticipated to potentially occupy
the site, the County shall, consistent with the RLSA Overlay of the GMP,
consider and utilize recommendations and letters of technical assistance
from the State of Florida Fish and Wildlife Conservation Commission and
recommendations from the U.S. Fish and Wildlife Service in issuing
DEVELOPMENT ORDERS. It is recognized that these agency
recommendations, on a case by case basis may change the requirements
contained in herein and any such change shall be deemed consistent with
this Code.
F. GOLF COURSE STANDARDS. Except as otherwise required by G. or H.
below, all golf courses within the RLSA District that are not within an SRA shall
be subject to the following requirements:
1. Golf courses shall be designed, constructed, and managed in
accordance with Audubon International's Gold Signature Program. The
project shall demonstrate that the Principles for Resource Management
required by the Gold Signature Program (Site Specific Assessment,
Habitat Sensitivity, Native and Naturalized Plants and Natural
Landscaping, Water Conservation, Waste Management. Energy
Conservation & Renewable Energy Sources, Transportation, Greenspace
and Corridors, Agriculture, and BUILDING Design) have been
incorporated into the golf course's design and operational procedures. In
addition to addressing these requirements, golf courses shall meet the
following specific criteria:
a. In order to prevent the contamination of soil, surface water
and ground water by the materials stored and handled by golf
course maintenance operations, golf courses shall comply with the
Best Management Practices for Golf Course Maintenance
Departments, prepared by the Florida Department of Environmental
Protection, May 1995.
b. To protect ground and surface water quality from fertilizer
and pesticide usage, golf courses shall demonstrate the following
management practices:
Page 243 of 247
.-,. --"~'" "'-'-'---'
'0'_"
i. The use of slow release nitrogen sources;
ii. The use of soil and plant tissue analysis to adjust
timing and amount of fertilization applications;
iii. The use of an integrated pest management program
using both biological and chemical agents to. control various
pests;
iv. The coordination of pesticide applications with the
timing and application of irrigation water; and
v. The use of the procedure contained in IFAS Circular
1011, Managing Pesticides for Golf Course Maintenance
and Water Quality Protection, May 1991 (revised 1995) to
select pesticides that will have a minimum adverse impact
on water quality.
2. To ensure water conservation, golf courses shall incorporate the
following in their design and operation:
a. Irrigation systems shall be designed to use weather station
information and moisture-sensing systems to determine the
optimum amount of irrigation water needed considering soil
moisture and evapotranspiration rates.
b. As available, golf courses shall utilize treated effluent reuse
water consistent with Sanitary Sewer Sub-Element Objective 1.4
and its policies;
c Native plants shall be used exclusively except for special
purpose areas such as golf greens, fairways, and BUILDING sites.
Within these excepted areas, landscaping plans shall require that at
least 75% of the trees and 50% of the shrubs be freeze-tolerant
native Floridian species. At least 75% of the required native trees
and shrubs shall also be drought tolerant species.
3. Stormwater management ponds shall be designed to mimic the
functions of natural systems: by establishing SHORELINES that are
sinuous in configuration in order to provide increased length and diversity
of the littoral zone. A Littoral shelf shall be established to provide a feeding
area for water dependent avian species. The combined length of vertical
and rip-rapped walls shall be limited to 25% of the SHORELINE. Credits
to the site preservation area requirements, on an acre- to- acre basis,
Page 244 of 247
shall be given for littoral shelves that exceed these littoral shelf area
requirements.
G. STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS THAT ARE
OUTSIDE OF THE ACSC. The provisions of Chapters 3,4, and 10 in effect as
of November [ ], 1999, shall apply to FSAs, HSAs, and WRAs that outside of the
ACSC, with the following exceptions:
1. Site clearing and ALTERATION shall be limited to 20% of the
property and nonpermeable surfaces shall not exceed 50% of any such
area.
2. Except for roads and lakes, any nonpermeable surface greater than
one acre shall provide for release of surface water run off, collected or
uncollected, in a manner approximating the natural surface water flow
regime of the surrounding area.
3. Roads shall be designed to allow the passage of surface water
flows through the use of equalizer pipes, interceptor spreader systems or
performance equivalent STRUCTURES.
4. Revegetation and landscaping of cleared areas shall be
accomplished with predominantly native species and planting of
undesirable exotic species shall be prohibited.
H. STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS,
HSAS, WRAS, AND THE ACSC. WETLANDS located outside of FSAs, HSAs,
WRAs, and the ACSC shall be preserved in accord with the following criteria:
1. The vegetative preservation requirement set forth in E.2. above
shall first be met through preservation of WETLANDS having a
functionality assessment score of 0.65 or greater. APPLICANTS shall
establish the WETLAND FUNCTIONALITY score of WETLANDS using
the South Florida Water Management District's Unified WETLAND
Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative
communities may be utilized to meet the vegetative, OPEN SPACE, and
site preservation requirements when the WETLAND FUNCTIONAL
assessment score of on-site WETLANDS is less than 0.65.
2. WETLANDS utilized by listed species or serving as corridors for the
movement of listed species shall be preserved on site.
3. WETLAND FLOWW A Y functions through ,the project shall be
maintained.
Page 245 of 247
'""'.- _"If '__~A~
4. Ground water table drawdowns or diversions shall not adversely
change the hydroperiod of preserved WETLANDS on or offsite and
detention and control elevations shall be set to protect surrounding
WETLANDS and be consistent with surrounding land and project control
elevations and water tables. In order to meet these requirements,' projects
shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of
SFWMD's Basis of Review, January 2001.
5. All direct impacts shall be mitigated for as required by applicable
federal or state agencies and irfthe same manner as set forth in section
4.06.04 of this Code.
6. Single family residences shall follow the requirements contained
within Policy 6.2.7 of the Conservation and Coastal Management Element.
7. Appropriate BUFFERing shall be provided to separate preserved
WETLANDS from other land uses. A minimum 50-foot vegetated upland
BUFFER is required ADJACENT to a natural water body and for other
WETLANDS a minimum 25-foot vegetated upland BUFFER ADJACENT
to the WETLAND. A structural BUFFER, consisting of a stem-wall, a
BERM, or a vegetative hedge with suitable fencing, may be used in
conjunction with a vegetative BUFFER that would reduce the vegetative
BUFFER width by 50%. . A structural BUFFER shall be required
ADJACENT to WETLANDS where direct impacts are allows. WETLAND
BUFFERS shall conform to the following standards:
a. The BUFFER shall be measured landward from the
approved jurisdictional line.
b. The BUFFER zone shall consist of preserved NATIVE
VEGETATION. Where NATIVE VEGETATION does not exist,
NATIVE VEGETATION compatible with the existing soils and
expected hydrologic conditions shall be planted.
c. The BUFFER shall be maintained free of Category I Exotics.
d. The following land uses are considered to be compatible
with WETLAND FUNCTIONS and are allowed within the BUFFER:
i. Passive recreational areas, boardwalks and
recreational shelters;
ii. Pervious nature trails;
iii. Water management STRUCTURES;
Page 246 of 247
iv. Mitigation areas;
v. Any other conservation and related OPEN SPACE
activity or use which is comparable in nature with the
foregoing uses.
8. Mitigation Requirements. Mitigation shall be required for direct
impacts to WETLANDS, such th~t the WETLAND FUNCTIONAL score of
the mitigation equals or exceeds the WETLAND FUNCTIONAL score of
the impacted WETLANDS.
a. Priority shall be given to mitigation within FSAs and HSAs.
b. Loss of storage or conveyance volume resulting from direct
impacts to WETLANDS shall be compensated for by providing an
equal amount of storage or conveyance capacity on site and within
or ADJACENT to the impacted WETLAND.
c. Protection shall be provided for preserved or created
WETLAND or upland vegetative communities offered as mitigation
by placing a conservation EASEMENT over the land in perpetuity,
providing for initial exotic plant removal (Class I invasive exotic
plants defined by the Florida Exotic Plan Council) and continuing
exotic plant maintenance, or by appropriate ownership transfer to a
state or federal agency along with sufficient funding for perpetual
management activities.
9. Prior to issuance of any final DEVELOPMENT ORDER that
authorizes site ALTERATION, the APPLICANT shall demonstrate
compliance with paragraphs 8.a. through B.c. above, as applicable. If state
or federal agency permits have not provided mitigation consistent with
paragraphs 8 above, the County shall require mitigation exceeding that of
the jurisdictional agencies.
10. WETLAND preservation, BUFFER areas, and mitigation areas
shall be identified or platted as separate tracts. In the case of a Planned
Unit DEVELOPMENT (PUD), these areas shall also be depicted on the
PUD Master Plan. These areas shall be maintained free from trash and
debris and from Category I Exotics. Land uses allowed in these areas
shall be limited to those identified in 7.d. above.
Page 247 of 247
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5.01.00 GENERALLY
5.02.00 HOME OCCUPATIONS
5.02.01 Applicability
5.02.02 Allowable Home Occupation Uses
5.02.03 Standards
5.03.00 ACCESSORY USES AND STRUCTURES
5.03.01 Canopy Tents and Shades
5.03.02 Fences and Walls
5.03.03 Guesthouses
5.03.04 Dumpsters
5.03.05 Caretaker Residences
5.03.06 Dock Facilities
5.04.00 TEMPORARY USES AND STRUCTURES
5.04.01 Generally
5.04.02 Interim Agricultural Uses
5.04.03 Temporary Uses during Construction
5.04.04 Model Homes and Model Sales Centers
5.04.05 Temporary Events
5.04.06 Annual beach events permit
5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES
5.05.01 Businesses Serving Alcoholic Beverages
5.05.02 Marinas
5.05.03 Farm Labor Housing
5.05.04 Group Housing
5.05.05 Automobile Service Stations
5.05.06 Private Airports
5.05.07 Townhouse Development
5.05.08 Architectural Standards for Commercial Buildings
._...,,-~ .. ,.-..-
5.05.09 Communication Towers
5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
5.05.11 Carwashes Abutting Residential Zoning Districts
5.06.00 SIGNS
5.06.01 Generally
5.06.02 Signs Exempt from these Regulations
5.06.03 Prohibited Signs '..
5.06.04 Permitted Signs
5.06.05 Development Standards for Signs
5.06.06 Sign Standards for Specific Situations
CHAPTER 5 - SUPPLEMENTAL STANDARDS
5.01.00 GENERALLY
[Reserved]
5.02.00 HOME OCCUPATIONS
5.02.01 Applicability
Home occupations shall be allowed in any zoning district which permits
residential DWELLINGS as a permitted use.
5.02.02 Allowable Home Occupation Uses
There shall be no retail sale of materials, goods, or products from the
premises.
5.02.03 Standards
The home occupation shall be clearly incidental to the use of the
DWELLING for dwelling purposes. The existence of the home occupation
shall not change the character of the DWELLING.
A. An allowable home occupation shall be conducted by an occupant of
the DWELLING.
B. There shall be no on-site or off-site advertising signs.
C. The use shall not generate more traffic than would be associated'. with
the allowable residential use. !
D. There shall be no receiving of goods or materials other than normal
delivery by the U.S. Postal Service or similar carrier.
E. Parking or storage of commercial vehicles or equipment shall be
allowable only in compliance with the requirements for commercial
vehicles in the County Code.
F. The on-site use of any equipment or materials shall not create or
produce excessive noise, obnoxious fumes, dust, or smoke.
G. The on-site use of any equipment or tools shall not create any amount
of vibration or electrical disturbance.
H. No on-site use or storage of any hazardous material shall be kept in
such an amount as to be potentially dangerous to persons or property
outside the confines of the home occupation.
I. There shall be no outside storage of goods or products, except plants.
Where plants are stored, no more than fifty (50) percent of the total
square footage of the LOT may be used for plant storage.
J. A home occupation shall be subject to all applicable County
occupational licenses and other business taxes.
5.03.00 ACCESSORY USES AND STRUCTURES
5.03.01 Canopy Tents and Shades
A. Canopy tents and shades shall be permitted in all areas zoned for
residential and estates use, subject to the following standards.
1. The canopy tent shall meet the side and rear SETBACKS for the
applicable zoning district.
Page 1 of 141
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2. These STRUCTURES are expressly prohibited on the STREET
side of the front wall of any STRUCTURE or BUILDING.
3. A BUILDING permit shall be obtained for these STRUCTURES and
shall be accompanied by a plot plan.
4. Only one (1) STRUCTURE shall be permitted per residential LOT.
5. A PRINCIPAL STRUCTURE shall be in place on the LOT prior to
permitting a canopy tent.
6. These STRUCTURES shall consist of metal pole supports with
canopy tops and no sides.
7. The maximum size of these STRUCTURES shall' be 300 square
feet
8. The canopy STRUCTURE shall not exceed fifteen (15) feet in
height.
9. The use of these STRUCTURES shall be for the storage or parking
of RECREATIONAL VEHICLES, vehicles authorized in residential
areas, or as a sun shade for outdoor recreating. At no time shall
these STRUCTURES be used for any other type of storage. I
10. The canopy tent shall not be permitted with electrical or other utility
connections.
5.03.02 Fences and Walls
I
A. All districts. I
1. Whenever a property owner elects to erect a chain link fence
pursuant to the provisions herein ADJACENT to an ARTERIAL or
COLLECTOR ROAD in the urban coastal area, said fence shall not
be located nearer than three (3) feet to the RIGHT -OF-WAY or
property line, and said fence shall be screened from view by
planting a vegetative hedge a minimum of thirty (30) inches in
height at planting spaced at a distance that will achieve an opacity
rating of eighty (80) percent within one (1) year of planting. An
irrigation system shall be installed to ensure the continued viability
of the vegetative hedge as a visual screen of the chain link fence.
This regulation shall not apply to single-family homes.
2. All fences and walls shall be of sound construction and shall not
detract from the public health, safety, and welfare of the general
public.
3. All fences and walls shall be maintained in a manner that will not
detract from the neighborhood or community.
4. Barbed wire is authorized within agricultural, commercial, and
industrial districts. Razor or concertina wire is not permitted except
in the case of an institution whose purpose is to incarcerate
individuals, Le., a jailor penitentiary, or by appeal to the BZA .
5. No fence or wall within any district shall bl09k the view of passing
motorists or pedestrians so as to constitute a hazard.
6. Fences and walls shall be constructed of conventional BUILDING
materials such as, but not limited to, concrete block, brick, wood,
decorative iron or steel, and chain link.
Page 2 of 141
7. Fences and walls shall be constructed to present the finished side
of the fence or wall to the adjoining LOT or any ABUTTING RIGHT-
OF-WAY. If a fence, wall, or continuous landscape hedge exists on
the adjoining PARCEL, this provision may be administratively
waived where said request has been requested in writing.
a. When determined to be beneficial to the health, safety, and welfare
of the public, the County Manager or designee may approve an
administrative variance from height limitations of fE;lnces and walls
in all districts provided that at least one (1) health, safety, or welfare
standard peculiar to the property is identified,' and that such
approval does not set an unwanted precedent by addressing a
generic problem more properly corrected by an amendment to this
Code.
9. Existing ground levels shall not be AL TERED for the purpose of
increasing the height of a proposed wall or fence except as
provided for within section 5.03.02 A.a. and 4.06.00.
B. Fence height measurement for all districts. The height of a fence or
wall located outside of the BUILDING line shall be measured from the
ground level at the fence location. However, if the County Manager or
designee determines that ground levels have been AL TERED so as to
provide for a higher fence, the County Manager or designee shall
determine the ground level for the purposes of measuring the fence
height. In determining whether the ground level has been ALTERED
for the purposes of increasing the height of the fence, the County
Manager or designee may consider, but is not limited to, the following
facts:
1. General ground elevation of the entire LOT.
2. In the case of a LOT with varying ground elevations, the average
elevation over the length of the fence, and at points in the vicinity of
the fence.
3. The ground elevation on both sides of the fence. In measuring the
fence height, the ground elevation on the side of the fence location
that is at the lowest elevation shall be used as a point from which
the fence height is to be measured.
4. Fences or walls shall be permitted PRINCIPAL USES; however, a
fence or wall shall not, in any way, constitute a use or
STRUCTURE, which permits, requires, and/or provides for any
ACCESSORY USEs and/or STRUCTURES.
C. Residential zoning districts.
For the purposes of this section, residential districts shall include: RSF,
RMF-6, RMF-12, RMF-16, RT, VR, MH, and TTRVC zoning districts,; and
the residential increments of PUD zoning districts. Fences and walls
placed within required YARDS shall be subject to the following:
1. Fences or walls on all LOTS greater than one (1) acre in area may
reach a maximum height of six (6) feet.
Page 3 of 141
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2. For non-waterfront interior LOTS one (1) acre or less in area,
fences or walls may reach a maximum height of six (6) feet for side
and rear YARDS, but are limited to four (4) feet within the required
front YARD.
3. For waterfront LOTS one (1) acre or less in area, height limits are
as for non-waterfront LOTS, but with the additional restriction that
fences or walls within the required rear YARD are limited to four (4)
feet. '..
4. For corner LOTS one (1) 'acre or less in area, which by definition
have only front YARDS and side YARDS, fences within required
front YARDS are Iimited.to four (4) feet in height, with the exception
that any portion of a front YARD fence within the safe sight triangle
described in section 6.06.05 of this Code is restricted to three (3)
feet in height. (Two (2) sides of this triangle extend thirty (30) feet
along the property lines from the point where the RIGHT -OF-W A Y
lines meet, and the third side is a line connecting the other two (2).)
Fences within required side YARDS may reach six (6) feet in
height.
1
5. Barbed wire, razor wire, spire tips, sharp objects, or electr~cally
charged fences shall be prohibited, except that the Board of Zoning
Appeals may allow the use of barbed wire in conjunction with chain
link fencing for facilities where a security hazard may exist, such as
a utility substation, sewage treatment plant, or similar use.
D. Agricultural districts.
For the purposes of this section, agricultural districts shall include: A, E,
and CON zoning districts. Fences and walls within agricultural districts
shall be exempt from height and type of construction requirements.
E. Commercial and industrial districts.
1. Industrial Districts [Non-residential DEVELOPMENT]. Fences or
walls in industrial districts not subject to section 5.05.08 shall be
limited to eight (8) feet in height.
2. Whenever a nonresidential DEVELOPMENT lies contiguous to or
opposite a residentially zoned district, said nonresidential
DEVELOPMENT shall provide a masonry wall or prefabricated
concrete wall and/or fence.
3. If located on a contiguous property, the wall and/or fence shall be a
minimum of six (6) feet and a maximum of eight (8) feet in height
and shall be located a minimum of six (6) feet from the residentially
zoned district.
4. If located on a property opposite a residentially zoned district but
fronting on a local STREET, or the properties are separated by a
platted ALLEY, the wall and/or fence shall be located a minimum of
Page 4 of 141
three (3) feet from the rear of the RIGHT-OF-WAY LANDSCAPE
BUFFER line and shall be four (4) feet in height.
5. On properties which front on more than one (1) STREET, a six (6)
foot high wall and/or fence shall be required along the STREET
which is opposite the primary ingress and egress point. of the
project along the STREET FRONT AGE which is ADJACENT to the
rear of the project.
'..
F. At the APPLICANT'S request, the County Manager or designee may
determine that a masonry wall and/or fence is' not warranted,
particularly where the local STREET lies contiguous to the rear of a
residence or some other physical separation exists between the
residential DEVELOPMENT and the nonresidential DEVELOPMENT,
or for other good cause including the existence of a wall on an
ADJACENT residential DEVELOPMENT. The APPLICANT shall
demonstrate that the intent of this section can be effectively
accomplished, without constructing a wall, by submitting for approval
an alternative design and a descriptive . narrative through the
administrative variance process set forth in subsection 5.03.02(A)(8) of
this Code. The County Manager or designee shall review the submitted
documents for consistency with the intent of this section and, if the
administrative variance is approved, the approval and its basis shall be
stated in the site DEVELOPMENT PLAN approval letter.
G. Vegetative plantings shall be located external to the wall and/or fence
such that fifty (50) percent of the wall and/or fence is screened within
one (1) year of the installation of said vegetative material. An irrigation
system shall be installed to ensure the continued viability of the
vegetative screen.
H. These regulations shall not be construed to require a masonry wall
and/or fence for commercial DEVELOPMENT fronting on an
ARTERIAL or COLLECTOR ROADWAY where the opposite side of
such roadway is zoned residential or to be otherwise inconsistent with
the provisions of section 5.05.08(8) of this Code.
I. A wall and/or fence shall be constructed following site plan approval
but prior to any vertical construction or any other type of improvement
resulting from the issuance of a BUILDING permit. Special
circumstances may warrant constructing the wall and/or fence in
phases depending upon the location of affected residential areas and
after vertical construction commences.
5.03.03 Guesthouses
Where a guesthouse is an allowable use, it shall be permitted only in
compliance with the following standards.
A. No guest accommodation facility in a single-family residential district,
whether a freestanding guest house or guest accommodations which
Page 5 of 141
----' '..---..-
are structurally integrated with the main DWELLING, may be utilized
for commercial purposes.
B. Leasing or renting a guest accommodation facility shall constitute a
violation of this LDC.
C. If a main residence is leased or rented, a guest accommodation facility
accessory to it may not be occupied by the property owner, since that
would constitute the unlawful utilization of single-family zoned property
for two-family dwelling purpo~es.
D. The following site design standards apply to all guest h.ouses:
1. Minimum LOT area shall be 43,560 square feet.
2. Minimum LOT width shall be 105 feet.
3. The maximum FLOOR AREA shall be forty (40) percent of the air-
conditioned, enclosed living area (excluding garages, carports,
patios, porches, utility areas, and the like) of the principal
DWELLING.
4. Detached guest houses shall not be closer than twenty (20) feet to
the principal DWELLING. '
E. A GUESTHOUSE may be constructed prior to a principal DWELLING,
provided the guest house meets the minimum requirements of a
single-family residence in the district in which it is being constructed. At
such time as a principal residence is constructed, then the FLOOR
AREA percentages listed above shall apply.
5.03.04 Dumpsters
SOLID WASTE disposal shall be required in the form of bulk container
service (garbage dumpsters and/or compactors) for all commercial and
industrial establishments, unless authorization for alternative means of
disposal is approved by Collier County Utility Billing and Customer
Service. Bulk container service shall be required for all multi-family
projects not receiving curbside pickup. SOLID WASTE disposal shall be
required in the form of curbside pickup for all units on the Mandatory
Trash Collection and Disposal roll. All individual units within a deed-
restricted area must have an enclosed location other than the residential
structure, such as a carport or garage for the storage of individual SOLID
WASTE containers, or as otherwise permitted below.
A. Trash container location requirements:
1. All trash or recycle receptacles shall be located so as to be easily
accessible to the residents and the solid waste hauler.
2. Dumpsters and their enclosures may be located within a required
yard provided that they do not encroach into a required landscape
area and hat there is no blockage of view of motorists or
pedestrians that would constitute a safety hazard.
3. For multi-family residential DEVELOPMENTS having more than
one structure, no dumpster shall be located more than 250 feet
from the structure that it is intended to serve.
Page 6 of 141
4. All projects subject to the provisions of the LDC Division 2.8 shall
local trash containers in accordance with the relevant provisions of
that Division.
B. ACCESS to trash containers
The ACCESS approach to the container should be sufficient to
accommodate a vehicle requiring a minimum clear width of ten (10) feet
and a minimum clear turning" radius of fifty (50) feet when directly
accessing a public street. Containers and enclosures shall be placed
such that the accessing vehicles are not required to maneuver in the
ADJACENT travel lanes of any street. When backing maneuvers are
required to permit the vehicle to exit from the container, provision shall be
made to provide an apron at least ten (10) feet wide and sixty (60) feet in
length ADJACENT to the container.
C. Container quantities.
In the case of multi-family DEVELOPMENTS and commercial and
industrial businesses that do not receive curbside service and choose to
use dumpster service, at least one standard size bulk container (garbage
dumpster) shall be required for trash disposal. Prior to site
DEVELOPMENT PLAN submittal, the contractor, developer or
homeowner's association must contact Collier County Utility Billing and
Customer Service to estimate the number and sizes of bulk containers
needed.
D. Enclosure dimensions.
Enclosures for dumpsters shall have minimum internal dimensions of
twelve (12) by twelve (12) feet for each standard garbage dumpster
contained inside. If equipped with gates, the clear opening dimension
shall be a minimum of twelve (12)feet, and the gates must be provided
with a devise to hold them open.
E. Container screening.
Except as noted below, all containers shall be screened on at least three
(3) sides from view of ADJACENT property owners and from ADJACENT
streets on the first-floor level. All enclosures must have a cement pad as
the floor of the enclosure. This screening shall not be subject to height
limitations for fences, provided that the vision of motorists on ADJACENT
streets remains unobstructed. Screening may be exempted:
1. In I (Industrial) zoning, so long as the containers are located more
than 200 feet from residentially zoned or used property, and are not
located within front yards;
2. In A (Rural Agricuhural) zoning in conjunction with a bona fide
agricultural use; and
3. During construction in all zoning districts. Screening material shall
consist of a wood fence, concrete block and stucco wall, brick wall,
PC:':!8 7 of 141
- '-"--"-'
masonry wall, or walls of similar material. For only those projects
subject to the provisions of section 5.05.08, trash enclosure walls or
gates made of chain link or wood are not acceptable.
F. Compactors.
Multi-family DEVELOPMENTS may substitute garbage compactors for
garbage dumpsters or curbside pickup to dispose of non-recyclable
material with the following restrictions; for individually owned multi-family
units (CONDOMINIUMS), compactor service may only be implemented by
the developer prior to the sale of the first unit (subsequent to that time, a
change from curbside or dumpster service to compactor service may only
be achieved through a majority vote by the homeowner's association); for
multi-family DEVELOPMENTS containing more than one STRUCTURE,
the property owner may implement compactor service at any time, so long
as the compactor has the capacity to accept an item of furniture having
dimensions of up to three (3) by twelve (12) feet.
G. Curbside pickup.
The Utility Billing & Customer Service Director, or his designee, may
approve curbside pickup in lieu of dumpsters or compactors for
individually owned multi-family DEVELOPMENTS provided that the
following criteria are met. Multi-family rental units must provide dumpsters
or a compactor. CONDOMINIUM DEVELOPMENTS may substitute
curbside pickup for dumpsters or compactors so long as satisfactory
documentation is presented to the Utility Billing & Customer Service
Department that:
1. The subject CONDOMINIUM association has voted in the majority to
eliminate the use of dumpsters or compactors in favor of curbside
pickup for all or part of the DEVELOPMENT,
2. There is adequate ACCESS to facilitate curbside pickup, and
3. All individual units have an enclosed location other than the residential
STRUCTURE, such as a carport or garage, for the storage of
individual SOLID WASTE containers.
5.03.05 Caretaker Residences
The County Manager or designee may authorize the construction of a
caretaker's residence in the C-1/T, C-2, C-3, C-4, C-5, and I zoning
districts subject to the following:
A. The residence shall be constructed as an integral part of the
PRINCIPAL STRUCTURE and shall be entered from within the
PRINCIPAL STRUCTURE. Exits required to comply with fire code
shall be permitted.
B. The caretaker's residence shall be an ACCESSORY USE and shall be
for the exclusive use of the property owner, tenant, or designated
employee operating or maintaining the PRINCIPAL STRUCTURE.
Page 8 of 141
C. Off-street parking shall be as required for a single-family residence in
accordance with section4.04.00.
D. Any other requirement which the County Manager or designee
determines necessary and appropriate to mitigate ADVERSE
IMPACTS of such use in the district.
5.03.06 Dock Facilities
A. Generally.
DOCKS and the like are primarily intended to adequately secure moored
vessels and provide safe ACCESS for routine maintenance and use, while
minimally impacting navigation within any ADJACENT navigable channel,
the use of the waterway, the use of neighboring DOCKS, the native
marine habitat, manatees, and the view of the waterway by the
neighboring property owners.
B. Allowable uses.
The following uses may be permitted on waterfront property:
1. Individual or multiple private DOCKS.
2. Mooring pilings.
3. Davits or lifts.
4. BOATHOUSES.
C. Measurement of dock protrusions and extensions.
1. Measurement is made from the most restrictive of the following:
property line, BULKHEAD LINE, SHORELINE, seawall, rip-rap
line, control elevation contour, or MEAN HIGH WATER LINE
(MHWL).
2. On manmade waterways less than 100 feet in width, where the
actual waterway has receded from the platted waterfront property
line, the County Manager or Designee may approve an
administrative variance allowing measurement of the protrusion
from the existing MHWL, provided that:
a. A signed, sealed survey no more than sixty (60) days old is
provided showing the location of the MHWL on either side of the
waterway at the site, as well as any DOCK facilities on the
subject property and the property directly across the waterway;
and
b. At least fifty (50) percent of the true waterway width, as depicted
by the survey, is maintained for navigability.
3. On manmade canals sixty (60) feet or less in width, which are not
reinforced by a vertical seawall or bulkhead, at least thirty-three
(33) percent of the true waterway width, as depicted by the survey,
must be maintained for navigability.
4. The allowable protrusion of the facility into the waterway shall be
based on the percentages described in subsection 5.03.06(E)(2) of
Page 9 of ~ 41
.... .._.~~
this LDC as applied to the true waterway width, as depicted by the
survey, and not the platted canal width.
D. Determination as principal or ACCESSORY USE.
1. On unbridged barrier islands, a boat DOCK shall be considered a
permitted PRINCIPAL USE; however, a DOCK shall not, in any
way, constitute a use or STRUCTURE which permits, requires,
and/or provides for any ACCESSORY USES and/or
STRUCTURES.
2. BOATHOUSES and DOCK facilities proposed on residentially
zoned properties, as defined in section 2.02.02 of this LDC, shall be
considered an ACCESSORY USE or STRUCTURE.
3. Any covered STRUCTURE erected on a private boat DOCK shall
be considered an ACCESSORY USE, and shall also be required to
be approved through the procedures and criteria of subsections
5.03.06(G) and 5.03.06(F). of this LDC.
E. Standards for dock facilities.
The following criteria apply to DOCK facilities and BOATHOUSES, with
the exception of DOCK facilities and BOATHOUSES on manmade lakes
and other manmade bodies of water under private control.
1. For LOTS on a canal or waterway that is 100 feet or greater in
width, no BOATHOUSE or DOCK facility/boat combination shall
protrude more than twenty (20) feet into the waterway (Le. the total
protrusion of the DOCK facility plus the total protrusion of the
moored vessel).
2. For LOTS on a canal or waterway that is less than 100 feet in
width, DOCK facilities may occupy no more than twenty-five (25)
percent of the width of the waterway or protrude greater than
twenty (20) feet into the waterway, whichever is less.
3. On manmade canals sixty (60) feet or less in width, which are not
reinforced by a vertical seawall or bulkhead, DOCK facilities may
protrude up to thirty-three (33) percent of the width of the waterway,
provided that the procedures outlined in section 5.03.06(C) are
followed.
4. For LOTS on unbridged barrier islands located within state aquatic
preserves, protrusion limits, SETBACKS, and deck area shall be
determined by the applicable Florida Department of Environmental
Protection (DEP) regulations in effect at the time of permit
application, and the protrusion limits above shall not apply. All
required DEP permits for a DOCK facility must be obtained prior to
the issuance of a Collier County BUILDING permit for the facility.
5. All DOCK facilities on LOTS with water FRONTAGE of sixty (60)
feet or greater shall have a side SETBACK requirement of fifteen
Page 10 of 141
(15) feet, except as provided in subsections 5.03.06(E) or
5.03.06(F) of this LDC or as exempted below.
6. All DOCK facilities (except BOATHOUSES) on LOTS with less
than sixty (60) feet of water FRONT AGE shall have a side
SETBACK requirement of seven and one-half (7.5) feet.
7. All DOCK facilities (except BOATHOUSES) on LOTS at the end or
side end of a canal or waterway shall have a side SETBACK
requirement of seven and"bne-half (7.5) feet as measured from the
side LOT LINE or riparian line, whichever is appropriate.
8. Riparian lines for LOTS at the end or side end of a waterway with a
regular SHORELINE shall be established by a line extending, from
the corner of an end LOT and side end LOT into the waterway
bisecting equidistantly the angle created by the two (2) intersecting
LOTS.
9. Riparian lines for all other LOTS shall be established by generally
accepted methods, taking into consideration the configuration of the
SHORELINE, and allowing for the equitable apportionment of
riparian rights. Such methods include, but are not limited to, lines
drawn perpendicular to the SHORELINE for regular (Ii~ear)
SHORELINES, or lines drawn perpendicular to the centerline
(thread) of the waterway, perpendicular to the line of deep water
(line of navigability or edge of navigable channel), as appropriate,
for irregular SHORELINES.
10. All DOCK facilities, regardless of length and/or protrusion, shall
have reflectors and house numbers, no less than four (4) inches in
height, installed at the outermost end on both sides. For multi-
family DEVELOPMENTS, the house number requirement is
waived.
11. Multi-slip DOCKING facilities with ten (10) or more slips will be
reviewed for consistency with the Manatee Protection Plan ("MPP")
adopted by the BCC and approved by the DEP. If the location of
the proposed DEVELOPMENT is consistent with the MPP, then the
developer shall submit a "Manatee Awareness and Protection
Plan," which shall address, but not be limited to, the following
categories:
a. Education and public awareness.
b. Posting and maintaining manatee awareness signs.
12. Information on the type and destination of boat traffic that will be
generated from the facility.
13. Monitoring and maintenance of water quality to comply with state
standards.
14. Marking of navigational channels, as may be required.
Page 11 at 141
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F. Standards for BOATHOUSES.
BOATHOUSES, including any roofed STRUCTURE built on a DOCK,
shall be reviewed by the Planning Commission according to the following
criteria, all of which must be met in order for the Planning Commission to
approve the request:
1. Minimum side SETBACK requirement: fifteen (15) feet.
2. Maximum protrusion into waterway: twenty-five (25) percent of
canal width or twenty (20) feet, whichever is less.. The roof alone
may overhang no more than three (3) feet into the waterway
beyond the maximum protrusion and/or side SETBACKS.
3. Maximum height: fifteen (15) feet as measured from the top of the
seawall or bank, whichever is more restrictive, to the peak or
highest elevation of the roof.
4. Maximum number of BOATHOUSES or covered STRUCTURES
per site: one (1).
5. All BOATHOUSES and covered STRUCTURES shall be
completely open on all four (4) sides.
6. Roofing material and roof color shall be the same as materials and
colors used on the PRINCIPAL STRUCTURE or may be of a palm
frond "chickee" style. A SINGLE-FAMILY DWELLING UNIT must
be constructed on the subject LOT prior to, or simultaneously with,
the construction of any BOATHOUSE or covered DOCK
STRUCTURE.
7. The BOATHOUSE or covered structure must be so located as to
minimize the impact on the view of the ADJACENT neighbors to
the greatest extent practical.
G. Dock facility extension. Additional protrusion of a DOCK facility into
any waterway beyond the limits established in subsection 5.03.06(E) of
this Code may be considered appropriate under certain circumstances.
1. Primary Criteria:
a. Whether the number of DOCK facilities and/or boat slips
proposed is appropriate in relation to the waterfront length,
location, upland land use, and zoning of the subject property.
Consideration should be made of property on unbridged barrier
islands, where vessels are the primary means of transportation
to and from the property. (The number should be appropriate;
typical, single-family use should be no more than two (2) slips;
typical multi-family use should be one (1) slip per DWELLING
unit; in the case of un bridged barrier island DOCKS, additional
slips may be appropriate).
Page 12 of 141
b. Whether the water depth at the proposed site is so shallow that
a vessel of the general length, type, and draft as that described
in the petitioner's application is unable to launch or moor at
mean low tide (ML T). (The petitioner's application and survey
should establish that the water depth is too shallow to allow
launching and mooring of the vessel(s) described without an
extension) .
c. Whether the proposed DOCK facility may have an adverse
impact on navigation within an ADJACENT marked or charted
navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel
traffic in the channel).
d. Whether the proposed DOCK facility protrudes no more than
twenty-five (25) percent of the width of the waterway, and
whether a minimum of fifty (50) percent of the waterway width
between DOCK facilities on either side of the waterway is
maintained for navigability. (The facility should maintain the
required percentages).
e. Whether the proposed location and design of the DOCK f~cility
is such that the facility would not interfere with the us1e of
neighboring DOCKS. (The facility should not interfere with the
use of legally permitted neighboring DOCKS).
2. Secondary criteria:
a. Whether there are special conditions, not involving water depth,
related to the subject property or waterway, which justify the
proposed dimensions and location of the proposed DOCK
facility. (There must be at least one (1) special condition related
to the property; these may include type of SHORELINE
reinforcement, SHORELINE configuration, mangrove growth, or
seagrass beds).
b. Whether the proposed DOCK facility would allow reasonable,
safe ACCESS to the vessel for loading and/or unloading and
routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use
excessive deck area).
c. For single-family DOCK facilities, whether the length of the
vessel, or vessels in combination, described by the petitioner
exceeds fifty (50) percent of the subject property's linear
waterfront footage. (The applicable maximum percentage
should be maintained).
d. Whether the proposed facility would have'a major impact on the
waterfront view of neighboring waterfront property owners. (The
facility should not have a major impact on the view of a
neighboring property owner).
Page 13 of 141
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e. Whether seagrass beds are located within 200 feet of the
proposed DOCK facility. (If seagrass beds are present,
compliance with subsection 5.03.06(H)(2). of this LDC must be
demonstrated) .
f. Whether the proposed DOCK facility is subject to the manatee
protection requirements of subsection 5.03.06(E)(11) of this
LDC. (If applicable, compliance with section 5.03.06(E)(11)
must be demonstrated).-
g. If deemed necessary based upon review of the above criteria,
the Planning Commission may impose such conditions upon the
approval of an extension request that it deems necessary to
accomplish the purposes of this Code and to protect the safety
and welfare of the public. Such conditions may include, but shall
not be limited to, greater side SETBACK(S), and provision of
Iight(s), additional reflectors, or reflectors larger than four (4)
inches.
H. Procedures for approval of docks, dock facilities, and BOATHOUSES.
1. Procedures for the issuance of permits for DOCKS, DOCK
facilities, and BOATHOUSES are provided in Chapter 10 of, this
LDC. !
2. All DOCK facilities are subject to, and shall comply with, all federal
and state requirements and permits, including, but not limited, to
the requirements and permits of the DEP , the U.S. Army Corps of
Engineers, and the U.S. Environmental Protection Agency.
3. Nonresidential DOCK facilities shall be subject to all of the
provisions of section 5.03.06 of this LDC, with the exception that
protrusions for nonresidential DOCK facilities beyond the specified
limits shall be determined administratively by the County Manager
or designee at the time of site DEVELOPMENT PLAN review,
based on an evaluation of the criteria in subsection 5.03.06(G) of
this LDC.
I. Protection of seagrass beds.
Seagrass or seagrass beds within 200 feet of any proposed DOCKS,
DOCK facilities, or BOATHOUSES shall be protected through the
following standards:
1. Where new DOCKING facilities or boat DOCK extensions are
proposed, the location and presence of seagrass or seagrass beds
within 200 feet of any proposed DOCK facility shall be identified on
an aerial photograph having a scale of one (1) inch to 200 feet
when available from the County, or a scale of one (1) inch to 400
feet when such photographs are not available from the County.
The location of seagrass beds shall be verified by a site visit by the
Page 14 of 141
County manager or designee prior to issuance of any project
approval or permit.
2. All proposed DOCK facilities shall be located and aligned to stay
at least ten (10) feet from any existing seagrass beds, except
where a continuous bed of seagrasses exists off the SHORE of
the property and ADJACENT to the property, and to minimize
negative impacts to seagrasses and other native SHORELINE,
emergent and submerged vegetation, and hard bottom
communities.
3. Where a continuous bed of seagrasses exists off the SHORE of
the property and ADJACENT to the property, the APPLICANT
shall be allowed to build a DOCK across the seagrass beds, or a
DOCKING facility within ten (10) feet of seagrass beds. Such
DOCKING facilities shall comply with the following conditions:
a. The DOCK shall be at a height of at least three and one-half
(3.5) feet NGVD.
b. The terminal platform area of the DOCK shall not exceed 160
square feet.
c. The ACCESS DOCK shall not exceed a width of four (4) feet.
d. The ACCESS DOCK and terminal platform shall be sited to
impact the smallest area of seagrass beds possible.
4. The petitioner shall be required to demonstrate how negative
impacts to seagrass beds and other native SHORELINE
vegetation and hard bottom communities have been minimized
prior to any project approval or permit issuance.
5.04.00 TEMPORARY USES AND STRUCTURES
5.04.01 Generally (to be provided)
5.04.02 Interim Agricultural Uses
A. It is the intent of this section to permit certain interim AGRICULTURAL
USES on a temporary basis which retain the land in its open,
undeveloped character.
1. No land authorized as an interim AGRICULTURAL USE to be used
or used for AGRICUL TURAL USES or activities shall be rezoned
to, converted to, or used for any nonagricultural use or
DEVELOPMENT for at least ten (10) years after any new clearing
of such land.
2. The inclusion of BUILDINGS and STRUCTURES, other than wells,
STRUCTURES for CONSERVATION and drainage protection, and
unpaved roads, is strictly prohibited.
3. The interim AGRICUL TURAL USE of the premises which in any
way attracts or invites ACCESS and use of the general public, or
Page 15 of 141
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the use of such premises for any commercial activity other than that
expressly permitted within the zoning district, is strictly prohibited.
B. The procedures for approval of an interim AGRICULTURAL USE are
set forth in Chapter 10. The following criteria apply to all interim
AGRICULTURAL USES:
1. Interim AGRICULTURAL USES may be permitted in any zoning
district, except the rural agricultural district, for only the following
agricultural activities: pasturing, field crops, horticulture, fruit and
nut production, forestry, beekeeping, AQUACULTURE, and
mariculture.
2. The grant of the interim AGRICULTURAL USE shall be in harmony
with the general intent and purpose of this Code, will not be
injurious to the neighborhood or to adjoining properties, and shall
not be otherwise detrimental to the public welfare.
3. Compliance with all elements of the GMP.
4. Compliance with all environmental regulations as identified in this
Code or other County regulations and policies. I
I
5. Ingress and egress to property and proposed STRUCTURES
thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and ACCESS in
case of fire or catastrophe.
6. Off-street parking and loading areas, where required, with particular
attention to the items in subsection 5 immediately above and
economic, noise, glare, or odor effects of the interim
AGRICULTURAL USE on adjoining properties generally in the
district.
7. Refuse and service areas, with particular reference to the items in
subsections 5 and 6 above.
8. Utilities, with reference to locations, availability, and
COMPATIBILITY.
9. Screening and buffering with reference to type, dimensions, and
character.
10. Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effects, and COMPATIBILITY and harmony
with properties in the district.
11. Required YARDS and other OPEN SPACE.
12. General COMPATIBILITY with ADJACENT. properties and other
properties in the district.
13. Any special requirements established in Chapter Two for the
particular use involved.
Page 16 of 141
14. Any interim AGRICULTURAL USE shall expire one (1) year from
the date it was granted, unless extended by action of the BZA. If,
by that date, the use for which the interim AGRICULTURAL USE
was granted has not been commenced, an interim
AGRICULTURAL USE shall automatically expire two (2) years
after the date of grant and must be reviewed by the BZA in order to
be continued. Each subsequent renewal period shall be limited to
two (2) years and must be reviewed by the BZA at the end of each
two (2) year period in order to be continued.
C. A mobile home may be used as a temporary residence while a
permanent single-family dwelling is being constructed, subject to the
following:
1. Receipt of a temporary use permit;
2. Assurance that the temporary use permit for the mobile home will
expire at the same time of the BUILDING permit for the single-
family dwelling, or upon the completion of the single-family
dwelling, whichever comes first;
3. Proof that prior to the issuance of a final certificate of occupancy
for the single-family dwelling, the mobile home is removed from the
premises; and
4. The mobile home must be removed at the termination of the
permitted period.
D. Use of a mobile home as a residence in conjunction with bona fide
agricultural activities subject to the following:
1. Receipt of a temporary use permit;
2. The receipt of any and all local, state, and federal permits required
for the agricultural use and/or to place the mobile home on the
subject site including, but not limited to, an agricultural clearing
permit, BUILDING permit(s), ST permits, and the like;
3. The use of the mobile home shall be permitted on a temporary
basis only, not to exceed the duration of the bona fide commercial
agricultural activity for which the mobile home is an ACCESSORY
USE;
4. The initial temporary use permit may be issued for a maximum of
three (3) years, and may, upon submission of a written request
accompanied by the applicable fee, be renewed annually thereafter
provided that there is continuing operation of the bona fide
commercial agricultural activities;
5. The APPLICANT utilizing, for the bona fide commercial agricultural
activity, a tract of land a minimum of five (5) acres in size. Any
property lying within public road rights-of-way shall not be included
in the minimum acreage calculations; and
Page170f141
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6. A mobile home, for which a temporary use permit in conjunction
with a bona fide commercial agricultural activity is requested, shall
not be located closer than 100 feet from any county highway right-
of-way line, 200 feet from any state highway right-of-way, or 500
feet from any federal highway right-of-way line.
5.04.03 Temporary Uses during Construction
During the construction of any DEVELOPMENT for which at least a
preliminary DEVELOPMENT order has been granted, as required below,
the developer may request a temporary use permit for the below-listed
activities. The temporary use permit shall be granted initially for a period
not to exceed twenty-four (24) months in duration and may be renewed
annually based upon demonstration of need and payment of a fee. A
request for renewal shall be submitted to the County Manager or designee
in writing thirty (30) days prior to the expiration of the temporary use
permit. Temporary construction and DEVELOPMENT permits shall be
allowed for the following uses:
A. Temporary offices to be used for construction and administrative
functions within the DEVELOPMENT.
I
B. Permits for temporary offices for single-family resid~ntial
DEVELOPMENTS may be issued under the following circumstances:
1. Where the same developer or licensed BUILDING contractor
performing the work has obtained a valid BUILDING permit to
construct three or more homes in the same DEVELOPMENT.
2. Where a developer, owner-builder, or licensed BUILDING
contractor performing the work has obtained a BUILDING permit
for the construction of one single-family home which exceeds 2,500
square feet of air conditioned floor area and that a letter of
justification of need is submitted to. and approved by, the County
Manager or his designee (limited to one office).
3. The temporary offices shall be removed within 30 days of the
issuance of a certificate of occupancy for the last home to have
been issued a BUILDING permit.
C. Temporary administrative offices to be used in conjunction with a bona
fide AGRICULTURAL USE in the agricultural zoning district when
located in the area designated agricultural on the Future Land Use
Map of the Future Land Use Element of the GMP.
D. Temporary classrooms on the site for existing npnprofit organizations,
used to continue existing classroom activities, and in conjunction with
an approved DEVELOPMENT ORDER. Permits for such classrooms
will be issued in conjunction with an approved site improvement plan.
Page 180f141
E. On-site storage of equipment and construction materials for use on the
DEVELOPMENT site only.
F. On-site mobile or MANUFACTURED HOME used as a temporary office
or storage facility for persons engaged in the DEVELOPMENT of the
site.
G. On-site mobile radio and television equipment and antennae.
H. On-site mobile or MANUFACTURED HOME for the use of a watchman
or caretaker only.
I. On-site temporary use of STRUCTURES and equipment for the
BUILDING of roads, public utilities, and government projects.
J. Off-site temporary parking on property which is located contiguous to
the subject DEVELOPMENT, or would be contiguous except for a
roadway that is not designated as a COLLECTOR or ARTERIAL in the
Traffic Circulation Element of the GMP, with the written authorization of
the property owner.
K. Other on-site uses similar to the foregoing uses and determined by the
County Manager or designee to meet the intent of Chapter 10.
L. Proposed temporary STRUCTURES identified above require the
submission of a conceptual site plan that addresses the requirements
of Chapter 10.
5.04.04 Model Homes and Model Sales Centers
A. Model homes and model sales centers are intended to facilitate the
sale of the model design or of products similar in design to the model.
Model homes and model sales centers shall be of a temporary nature
and may be allowed in the following zoning districts:
1. Any residential zoning district or residential component of a PUD, in
the estates zoning district, and in the agricultural zoning district as
part of a rural SUBDIVISION, by the issuance of a temporary use
permit.
2. However, a model center as a permitted use within a PUD, and not
located within a DWELLING UNIT or a temporary STRUCTURE,
such as a trailer, shall not require a temporary use permit.
B. Model homes and model sales centers located within residential
zoning districts, or within a residential component of a PUD, shall be
restricted to the promotion of a product or products permitted within the
residential zoning district or PUD in which the model home or model
sales center is located and further subject to the following:
1. Model homes shall only be permitted for DWELLINGS that have
not been previously used as a residence.
2. A model home or model sales center is not intended to allow the full
scope of real estate activities and shall be restricted primarily to the
Page 19 of 141
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sale and marketing of the model or products similar to the model. A
model home shall not include offices for builders, contractors,
developers, or similar activities.
3. Model homes may be "wet" or "dry."
a. Model homes permitted as "dry" models (unoccupied by a sales
office and/or representative) shall be limited to a conditional
certificate of occupancy allowing the use of the STRUCTURE as
a model only, provided all required infrastructure is in place to
service the unit.
b. Model homes permitted as "wet" models (occupied by a sales
office and/or representative) shall not be occupied until such
time as all required infrastructure is available to service the unit
and a permanent certificate of occupancy has been issued.
c. Transportation to and from unoccupied model homes shall be
provided at a sales center, which also provides required parking
and handicapped accommodations in accordance with section
5.04.04(C).
d. Model homes occupied by a sales office and/or representative
must have all required landscaping, parking, and handicapped
ACCESS on site.
e. A temporary use permit for a model home (occupied or
unoccupied) shall be issued initially for a period of three (3)
years. Extensions in excess of this period shall require submittal
and approval of a CONDITIONAL USE petition in accordance
with Chapter 10 of this Code.
4. Model sales centers may be located in either a temporary
STRUCTURE, usually a MOBILE HOME, or a permanent
STRUCTURE which is either a residential DWELLING UNIT or a
non-residential STRUCTURE. Temporary use permits shall be
issued as follows:
a. A temporary use permit for a sales center in a temporary
STRUCTURE shall be issued initially for a period of three (3)
years and may be renewed annually based upon demonstration
of need.
b. A temporary use permit for a sales center in a permanent
STRUCTURE which is a residential DWELLING UNIT shall be
issued initially for a period of three (3) years. Extensions in
excess of this period shall require submittal and approval of a
CONDITIONAL USE petition in accordance with Chapter 10 of
th is Code.
c. A temporary use permit for a sales center in a permanent
structure other than a residential DWELLING UNIT shall be
Page 20 of 141
issued initially for a period of three (3) years and may be
renewed annually on demonstration of need.
5. Temporary use permits for model homes or model sales centers to
be located within a proposed single-family DEVELOPMENT prior to
final plat approval may be requested by the APPLICANT and
require:
a. Administrative approval of a plat and construction plans showing
all required infrastructure for the LOT(S) on which the model
home or model sales center is to be located.
b. A site DEVELOPMENT PLAN (SDP) pursuant to Chapter 10.
c. A maximum of five (5) models, or a number corresponding to
ten (10) percent of the total number of platted LOTS, whichever
is less, per platted, approved DEVELOPMENT shall be
permitted prior to final plat approval as specified above.
d. The APPLICANT shall provide documentation that all required
utilities will be available to the subject site, and, where required,
shall depict such utilities in detail on the SDP.
e. The PARCELS on which the models are located must ABUT a
privately owned and maintained road, temporary in nature or
permanently constructed to Collier County roadway standards.
f. The boundaries depicted on the preliminary subdivision plat
shall be depicted on the SDP in order to ensure compliance with
the applicable DEVELOPMENT standards in effect on the
subject property.
g. Final LOT grading and drainage conveyance shall be in
conformance with the master grading plan for the project as
depicted on the preliminary subdivision plat submittal
documents.
6. Temporary use permits for model units or units used for sales
centers in multi-family projects shall not be issued prior to plat
recordation and final approval of the project site DEVELOPMENT
PLAN.
7. All other temporary use requests for model homes shall require the
submission of a conceptual plan which demonstrates that
provisions will be made to adequately address the requirements of
section 5.04.04(C).
8. Temporary use permits for a model sales center within an existing
SUBDIVISION shall require a site plan as follows:
a. In the case of a permanent structure which is a DWELLING
UNIT, a site improvement plan (SIP) per section 10.02.04 of this
Code;
Page 21 of 141
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b. In the case of a permanent structure which is other than a
DWELLING unit, a site DEVELOPMENT PLAN (SDP);
c. In the case of a temporary structure (MOBILE HOME or sales
trailer), either a conceptual site plan (CSP) which addresses the
requirements of section 5.04.04(C),
d. A SIP, depending on the extent of the work required.
9. Temporary use permits for model homes to be located within a
proposed single-family DEVELOPMENT may be approved following
administrative approval of. ci plat and construction drawings for all
required infrastructure encompassing the LOTS on which the models
are to be constructed pursuant to section 4.03.00, and a CSP which
addresses the requirements of section 5.04.04(C) of this Code.
Unoccupied (dry) model homes will be permitted only in conjunction
with an approved SDP for a model sales center which provides
adequate parking to support the model(s).
10. Temporary use permits for occupied (wet) model homes following
SUBDIVISION approval shall require a CSP which addresses the
requirements of section 5.04.04(C) of this Code. Temporary use
permits for unoccupied model homes following SUBDIVISION approval
shall require a CSP and shall be issued only in conjunction with an
approved SDP or SIP for a model sales center which provides
adequate parking to support the model(s).
C. All model home site plans shall adequately address the following
standards:
1. Traffic circulation and safety within the site as follows: All parking
spaces shall be arranged in a manner for convenient and safe
ACCESS for vehicles and pedestrians. No parking spaces shall be
arranged to cause vehicles to be moved in order for other vehicles
to enter or exit a site.
2. Minimum parking requirements:
a. Four (4) parking spaces for the first model unit and one and one-
half (1.5) spaces for each additional model unit (for dimensions
see section 4.05.02 of this Code).
b. One (1) paved parking space for disabled persons per parking
lot shall be provided (included as part of the number of required
parking spaces), along with a paved ACCESS aisle and barrier-
free ACCESS to the unit (for dimensions, see section 4.05.07 of
this Code).
c. All parking spaces shall be constructed of a concrete, asphalt, or
other dustless material as may be approved by the County
Manager or designee. DRIVEWAYS and handicapped spaces
shall be paved.
Page 22 of 141
3. Screening, buffering, and landscaping of the temporary use to
reduce potential impacts on ADJACENT properties as required in
section 4.06.00 and approval by the County Manager or designee
as follows:
a. One (1) canopy tree per thirty (30) linear feet around the
perimeter of the vehicular use areas.
b. A staggered double row of hedges between the RIGHT-OF-
WAY and the parking area and a single row of hedges to screen
the DRIVEWAY.
4. Vehicular use areas shall be set back a minimum of ten (10) feet
from the property line.
5. Lighting.
6. Sanitary facilities.
7. Fire protection.
8. Environmental impacts.
9. Stormwater management. ;
I
10. Any other requirements determined by the County Manager or
designee to be necessary for the public health and safety.
5.04.05 Temporary Events
A. Temporary Sales.
1. In the case of temporary sales, such as grand openings, going out
of business sales, special promotional sales, or other similar uses
(exclusive of garage sales, lawn sales, and similar private home
sales), the County Manager or designee may grant nonrenewable
permits of up to fourteen (14) days duration, such that during any
calendar year the sum total of all permits for such events for that
location does not exceed twenty-eight (28) days. A multi-tenant
BUILDING of ten (10) or more businesses with annual leases may
utilize a maximum of forty-two (42) days per calendar year for
temporary sales. Temporary use permits may be permitted for up
to an additional four (4) weeks when approved by the BCC. Such
special approval shall be subject to stipulations or additional
constraints deemed necessary and appropriate to the request.
Such stipulations or constraints deemed necessary by the BCC
shall be noted as conditions to the issuance of said permits, and
the permittee shall be required to sign a notarized agreement to
said stipulations or constraints.
2. Temporary sales permits may, in support of the use being
permitted, include the placement of one (1) sign, a maximum of
thirty-two (32) square feet, or two (2) such signs for properties
containing more than one (1) STREET FRONTAGE. In addition to
Page 23 of 141
_.'~-- --. --
the allowable signs, merchandise, temporary structures, and
equipment may be placed on the site. All temporary structures and
equipment, merchandise, or placement and parking of vehicles in
conjunction with the temporary sale, shall conform to the minimum
YARD requirements of the district in which it is located. If the
temporary use is not discontinued upon expiration of the permit, it
shall be deemed a violation of this LDC and shall be subject to the
penalties herein.
3. Temporary sales permi~~ may be issued to the owner(s) of a
commercial establishment, or to the tenant(s) operating within a
commercial establishment with the approval of the property owner
or property manager, provided said tenant provides documentation
of a current annual lease with the property owner. Uses permitted
by an approved temporary sales permit shall be operated by the
property owner or tenant(s), except as provided for in sections
5.04.05(A)(5) and 5.04.05(A)(6) below.
4. Temporary sales permits shall be restricted to those zoning
districts in which the sale of the items would normally be permitted.
Further, the sales activity permitted by the temporary use permit
shall be related to the principal commercial activities in operation
on the subject property, except as provided for in sections
5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a
temporary use permit shall not be issued for undeveloped
properties.
5. The County Manager or designee may issue temporary use
permits for satellite locations subject to the applicable restrictions
set forth in this section, provided the APPLICANT currently
operates a business from a permanent, approved commercial
location within the County. Additionally, the purpose of the
temporary sale shall be the same as the principal purpose of the
existing commercial business of the APPLICANT.
6. The County Manger or designee may, in determining a specific
benefit to the public, grant a temporary use permit to facilitate the
sale of an item or items not generally available within a specific
planning community, subject to the applicable restrictions set forth
in this section.
7. A temporary sales permit shall meet the procedural requirements
of Chapter 10. The APPLICANT shall demonstrate that provision
will be made to adequately address each of the following:
a. Vehicular and pedestrian traffic safety measures.
b. Additional parking requirements. A maximum of ten (10) percent
of the parking required by section 4.04.00 of this Code may be
occupied or otherwise rendered unusable by the placement of
Page 24 of 141
temporary structures, equipment, signs, and merchandise. The
minimum required number of handicapped parking spaces
pursuant to section 4.04.00 shall remain available for usage.
c. Limited activity hours.
d. Watchmen, fencing, and lighting.
e. Fire protection measures.
f. Sanitary facilities. '>1"
g. If required, a faithful performance bond to guarantee compliance
with the conditions of the permit.
8. Garage sales: In the case of garage sales, lawn sales, and other
similar temporary sales to be held at private homes, CHURCHES
and other places of worship, community centers, or other nonprofit
residentially zoned institutions, the County Manager or designee
may issue one (1) two (2) day permit for such events during each
six (6) month period. Such permit may include the use of temporary
signs located on the property where the sale is being held, limited
to a maximum of two (2) signs, no greater than four (4) square feet
each. No SIGNS shall be placed in any public rights-of-way. If the
temporary use is not discontinued upon expiration of the permit, it
shall be considered a violation of this LDC and shall be subject to
the penalties herein.
B. Temporary seasonal sales. A nonrenewable five (5) week permit may
be issued for seasonal and holiday related temporary sales subject to
the following restrictions.
1. Temporary use permits for seasonal sales may be issued for the
following season/holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
c. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on
improved or unimproved properties, provided the APPLICANT
submits a CSP which demonstrates that provisions will be made to
adequately address each of the following:
a. Vehicular and pedestrian traffic safety measures.
b. Adequate on-site, or additional off-site parking areas for
unimproved properties. A maximum of t.en (10) percent of the
parking required by section 4.04.00 of this Code may be
occupied or otherwise rendered unusable by the placement of
temporary structures, equipment, signs, and merchandise. The
Page 25 of 141
.--- -- -~~-"'.
minimum required number of handicapped parking spaces
pursuant to section 4.04.00 shall remain available for usage.
c. Limited activity hours.
d. Watchmen, fencing, and lighting.
e. Fire protection measures.
f. Sanitary facilities.
3. The APPLICANT shall provide a notarized letter from the property
owner or the property manager granting permission to utilize the
subject property for the temporary seasonal sale.
4. Temporary use permits for seasonal and/or holiday sales may, in
support of the use being permitted, include the placement of one (1)
SIGN, a maximum of thirty (32) square feet, or two (2) such signs for
properties containing more than one (1) STREET FRONTAGE In
addition to the placement of signs, merchandise, temporary structures,
and equipment may be placed on the site. If the temporary use is not
discontinued upon expiration of the permit, it shall be deemed a
violation of this Code and shall be subject to the penalties herein.
5.04.06 ANNUAL BEACH EVENTS PERMIT
A. The owner of BEACH-front commercial hotel-resort property shall
apply for an annual BEACH events permit. The County Manager or his
designee, or his designee, may grant the permit following review of an
application for such permit. The application shall be submitted on the form
prescribed by Collier County together with the applicable fee for the
number of planned annual BEACH events as indicated on the permit form
and exhibits thereto. Permits issued pursuant to this section are not
intended to authorize any violation of F.S. S 370.12, or any of the
provisions of the Endangered Species Act of 1973, as it may be amended.
B. For purposes of this section, a "BEACH event" shall mean and refer to
any social, recreational or entertainment event (whether public or private),
conducted on the BEACH and satisfying one or more of the following
criteria:
1. The event involves the use of dining/picnic tables and chairs,
serving tables, or other ancillary equipment typically used to serve
an on-site meal; or
2. The event involves the use of staging equipment, amplified music,
or the use of other types of electrical equipment for purposes of
enhanced light and/or sound; or
Page 26 of 141
3. The event:
(a) Is attended by 25 or more people and is organized by or with
the help of the commercial property owner; and
(b) Is of a nature not commonly associated with the day-to-day use
of the BEACH by the general public.
C. Notice of scheduled events:
1. On or before the 25th day of each calendar month, the holder of
such permit shall cause Collier County to be furnished with written
notice of all BEACH events scheduled for the following month, in
the form and content made a part of the annual BEACH events
permit application. The notice shall indicate the date, time and
duration of each event.
2. If a BEACH event is scheduled after the monthly notification has
been furnished to Collier County, the property owner shall furnish
the county with a separate written notice at least 48-hours prior to
such event.
3. All notices or documents furnished to Collier County pursuant to the
permit or these regulations shall be sent to Collier County Planning
Services Department and for events that occur during sea turtle
nesting season, to the Collier County Natural Resource Department
as well.
D. Event cancellations and postponements:
1. If a scheduled BEACH event is canceled or postponed, the property
owner shall furnish Collier County with written notification of such
cancellation or postponement. It is understood that weather
conditions may cause last minute cancellations, however the
property owner shall make every effort to notify the county staff a
minimum of four hours prior to the scheduled event time. If such
event is rescheduled, notice of the date and time of the
rescheduled event shall be provided.
2. If a BEACH event is canceled or postponed, and no other BEACH
events are scheduled for the date of the canceled/postponed event,
and Collier County has been notified of such cancellation or
postponement, then the canceled or postponed event shall not
count towards the maximum number of BEACH events authorized
by the permit.
Page 27 of 141
_".TO
E. Sea turtle nesting season. Annual BEACH events which occur during
sea turtle nesting season (May 1 st through October 31 st of each year) are
also subject to the following regulations:
1. All required Florida Department of Environmental Protection (FDEP)
field permits, shall be obtained and a copy furnished to Collier
County prior to the time of the scheduled event as set forth in
section 5.04.06 (C) '..
2. Consistent with section 10.02.06, and the Code of Laws of Collier
County, no structure set up, or BEACH raking or mechanical
cleaning activity for any particular BEACH event shall commence
until after monitoring conducted by personnel with prior experience
and training in nest surveys procedures and possessing a valid
Fish and Wildlife Conservation Commission Marine Turtle Permit
has been completed.
3. Prior to all scheduled BEACH events, every BEACH event permit
holder is required to rope off (or otherwise identify with a physical
barrier) an area with no less than a 15-foot radius out from each
sea turtle nest that has been identified and marked on a BE~CH,
unless a greater distance is required by an applicable state permit.
4. Use of vehicles on the BEACH is prohibited, except as may be
permitted under the Code of Laws of Collier County.
5. Consistent with section 10.02.06, all materials placed on the
BEACH for the purpose of conducting permitted BEACH events: 1)
must be removed from the BEACH by no later than 9:30 p.m. of the
date of the event; and 2) no structures may be set, placed, or
stored on, or within ten feet of any BEACH dune, except that
materials may remain in an identified staging area until 10:00 p.m.
The location and size of all staging areas will be as identified in the
permit.
6. All lights that are visible from the BEACH and cast a shadow
thereon shall be turned off by no later than 9:00 p.m. of the date of
the event.
7. Identification of sea turtle nests on the BEACH may cause the
BEACH event to be relocated from its planned location or to have
additional reasonable limitations placed on the event pursuant to
the recommendation of Collier County staff in order to protect the
identified sea turtle nests in this permit; except that county staff
may relocate a staging area as provided for in section 5.04.06, as
part of its daily sea turtle monitoring.
Page 28 of 141
8. Pole lighting, and any other object or structure designed to
penetrate the BEACH surface by more than three inches shall be
subject to the approval of the FDEP and Collier County.
9. A copy of all notices required by any permit or these regulations
must also be provided by the permit holder to Collier County
Natural Resources Department.
Note: When a state permit is more restrictive than the Code
requirements, the State requirements shall supersede, and the
county shall enforce these requirements.
F. Penalties. Notwithstanding the penalties set forth elsewhere in this
Code, the following violations of this section are subject to the following
penalties, except that the annual BEACH events permit may not be
suspended or revoked:
1. Violations which do not occur during sea turtle nesting season, Le.,
occur outside of sea turtle nesting season, are subject to up to a
$500.00 fine per violation.
2. Violations which occur during sea turtle nesting season and are:
a. Any activity that may cause immediate harm to sea turtles or
their nesting activities; which include, but are not limited to the
following: 1) setting up a BEACH event prior to daily sea turtle
monitoring; 2) failing to remove BEACH event materials from
the BEACH by 9:30 p.m.; 3) failing to have lights, so required,
turned out by 9:00 p.m.; or 4) not placing additional barriers
around nests as required by section 5.04.06; are subject to the
following penalties:
First violation: $1 ,000.00 fine.
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
b. Any activity that would not cause immediate harm to sea turtles
or their nesting activities; which include, but are not limited to
the following: 1) failing to notify the county of a BEACH event;
2) failing to provide the county with copies of Florida
Department of Protection permits prior to each BEACH event;
or 3) having BEACH event materials or related structures set,
Page 29 of 141
. .~.,-_."-
placed, stored on, or within ten feet of any BEACH dune; are
subject to up to a $500.00 fine.
5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES
The specific land uses listed in this section are subject to supplemental site design and
land DEVELOPMENT standards. Supplemental standards apply in addition to the site
design and land DEVELOPMENT standards 9~ the zoning district in which the land use
is located.
5.05.01 Businesses Serving Alcoholic Beverages
A. Sale of alcoholic beverages. The County Manager or designee, may
authorize the sale of alcoholic beverages for consumption on-site,
subject to compliance with all zoning restrictions and the following
locational criteria:
1. No such use shall be located within 500 feet of any established
elementary, middle, or high school, CHILD CARE CENTER, public
library, CHURCH, public park, or public playground. This does not
include BEACH ACCESS points. The distance of 500 feet shall be
measured as the shortest distance between the LOT on which the
SCHOOL, CHILD CARE CENTER, public library, CHURCH, ppblic
park, or public playground is located and the LOT on which the
alcoholic beverages are to be sold, except that establishments
located in SHOPPING CENTERS shall be measured to the outer
wall of the establishment.
2. No such use shall be located within 500 feet of any existing
establishment whose primary function is the sale of alcoholic
beverages for consumption on-site. The distance of 500 feet shall
be measured as the shortest distance between the LOT on which
the existing establishment is located and the LOT on which the
alcoholic beverages are to be sold, except that establishments
located in SHOPPING CENTERS shall be measured to the outer
wall of the establishment.
3. The erection of any SCHOOL, CHILD CARE CENTER, public
library, CHURCH, public park, or public playground within 500 feet
of an establishment which offers the sale of alcoholic beverages for
consumption on-site shall not cause such establishment to become
NONCONFORMING.
4. The County Manager or designee approval for the sale of alcoholic
beverages for consumption on-site, granted pursuant to this
section, shall expire after the following periods of time and shall
thereafter become null and void:
a. In the case of an existing structure, zoning approval shall expire
six (6) months from the date of approval unless, within that
period of time, operation of the alcoholic beverage
Page 30 of 141
establishment has commenced. For purposes of this section,
operation shall be defined as the sale of alcoholic beverages in
the normal course of business.
b. In the case of a new structure, zoning approval shall expire one
(1) year from the date of approval unless, within that period of
time, operation of the alcoholic beverage establishment has
commenced. However, if substantial construction is completed,
the County Manager 'or designee may grant one (1) extension
for up to six (6) months.
5. The procedures for approval of a site for the sale of alcoholic
beverages are set forth in Chapter 10.
6. The BZA may, by resolution, grant a waiver of part or all of the
minimum distance requirement set forth herein if it is demonstrated
by the APPLICANT and determined by the BZA that the site
proposed for the sale and consumption of alcoholic beverages is
separated from an established business whose primary function is
the sale of alcoholic beverages for consumption on-site, from the
SCHOOL, CHILD CARE CENTER, public library, CHURCH, public
park or public playground by natural or manmade boundaries,
structures, or other features which offset or limit the necessity for
such minimum distance requirement. The BZA's decision to waive
part or all of the distance requirement shall be based upon the
following factors::
a. The nature and type of natural or manmade boundary, structure,
or other feature lying between the proposed establishment and
an existing SCHOOL, CHILD CARE CENTER, public library,
CHURCH, public park, or public playground which is determined
by the BZA to lessen the need for the total 500-foot distance
requirement. Such boundary, structure, or other feature may
include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and major rights-
of-way.
b. The paths of vehicular and pedestrian traffic which could be
taken between the alcoholic beverage establishment and the
SCHOOL, CHILD CARE CENTER, public library, CHURCH,
public park, or public playground.
c. The hours of operation and the noise and light which could
potentially be generated from the premises selling alcoholic
beverages.
d. Procedures for the waiver of distance requirements are set forth
in Chapter 10.
7. The following uses shall be exempt from the requirements of
section 5.05.01.
Page 31 of 141
-"
-,--
a. Any RESTAURANT deriving at least fifty-one (51) percent of its
gross revenue from the sale of food and nonalcoholic
beverages.
b. Any MOTEL and/or HOTEL with 100 or more guestrooms.
c. Any private club, golf club, country club, or civic or fraternal club
may serve alcoholic beverages for consumption on-site when
such service is incidental to the main use and for the exclusive
use of the members, tenants, and/or guests of the facility.
8. Any owner or operator of an establishment approved under this
section to sell any alcoholic beverages for consumption on-
premises shall, upon written demand of the County Manager or
designee, make, or cause to be made, under oath a statement
itemizing what percentage of his gross receipts are from the sale of
alcoholic beverages.
5.05.02 Marinas
A. The following standards are for the purpose of manatee protection and
are applicable to all marina facilities.
B. Proposed DEVELOPMENTS will be reviewed for consistency with the
Manatee Protection Plan ("MPP") adopted by the BCC and approved
by the DEP. If the location of the proposed DEVELOPMENT is
consistent with the MPP, then the developer will submit a "Manatee
Awareness and Protection Plan," which shall address, but not be
limited to, the following categories:
1. Education and public awareness.
2. Posting and maintaining manatee awareness signs.
3. Information on the type and destination of boat traffic that will be
generated from the facility.
4. Monitoring and maintenance of water quality to comply with state
standards.
5. Marking of navigational channels, as may be required.
C. A rating system is established to evaluate proposed marina facilities.
The purpose of the marina site rating system is to help determine the
maximum wet slip densities in order to improve existing Manatee
protection. The marina site rating system gives a ranking based on
three (3) criteria: water depth, native marine habitat, and manatee
abundance. In evaluating a PARCEL for a potential boat facility, a
minimum sphere of influence for the boat traffic must be designated.
For the proposed marina facility, an on-water travel distance of five (5)
miles is considered the sphere of influence.
1. A preferred rating is given to a site that has or can legally create
adequate water depth and ACCESS, will not impact native marine
Page 32 of 141
habitats, and will not impact a high manatee use area (See Table
5.05.02(C)(5)).
2. A moderate ranking is given to a site where: there is a adequate
water depth and ACCESS, no impact to a high manatee use area,
but there is an impact to native marine habitat; there is adequate
water depth, no impact to native marine habitat, but impacts a high
manatee use area; and when the water depth is less than four (4)
feet mean low water (MLW), no impact to native marine habitat,
and no impact to a high manatee use area.
3. A protected ranking is given to a site where: there is adequate
water depth and ACCESS, but there is an impact to native marine
habitat and there is an impact to a high manatee use area; there is
not adequate water depth, there is impact to or destruction of
native marine habitat, and there is impact to a high manatee use
area; there is not adequate water depth, no impact to marine
habitat, but there is impact to a high manatee use area; or there is
not adequate depth, there is impact to marine habitat, and no
impact to a high manatee use area.
4. The exact areas will depend on site specific data gathered during
the site DEVELOPMENT process reviews.
5. Table of Siting Criteria
Water Depth Native Marine Habitat Manatee Use
(Measured at MLW)
4 ft. or more Less than 4 ft. No Impact Not High High
Impact1
Preferred X X X
Moderate X X X
Moderate X X X
Moderate X X X
Protected X X X
Protected X X X
Protected X X X
Protected X X X
lFor shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5)
percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no
more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
1. Preferred sites. New or expanded wet slip marinas and multi-family
facilities shall be allowed at a DENSITY of up to eighteen (18) boat
slips for every 100 feet of SHORELINE. Expansion of existing and
construction of new dry storage facilities is allowed. Expansion of
existing and construction of new boat ramps i~ allowed.
2. Moderate DEVELOPMENT sites. New or expanded wet slips and
multi-family facilities shall be allowed at a DENSITY of up to ten
(10) boat slips for every 100 feet of SHORELINE. Expansion of
Page 33 of 141
..-^- -...........-.^ .-~-. '--.--'.'
existing dry storage facilities is allowed. Construction of new dry
storage facilities is prohibited. Expansion of existing boat ramps is
allowed. Construction of new boat ramps is prohibited.
3. Protected sites. New or expanded wet slip marinas and multi-family
facilities shall be allowed at a DENSITY of one (1) boat slip for
every 100 feet of SHORELINE. Expansion of existing dry storage
facilities or construction of new dry storage facilities is prohibited.
Expansion of existing boat ramp or construction of new boat ramps
is prohibited.
E. If a potential boat facility site is ranked as moderate or protected
because of its proximity to a high use manatee area, its ranking can be
increased if slow speed zones are established that account for a
significant portion of the expected travel route of the boats using the
proposed facility. In that case, the manatee criteria in the three (3) way
test (see Table 5.05.02(C)(5)) would not affect the outcome of the
ranking. If such slow speed zones are not existing, the County may
establish, with DEP approval, additional slow speed zones in order to
mitigate the proposed additional boat traffic.
F. Existing facilities and facilities which had state or federal permits prior
to adoption of the MPP shall be exempt from these provisions, but will
be subject to all other requirements of this Code.
5.05.03 Farm Labor Housing
A. This section is intended to apply to those agricultural situations where
housing is required for permanent or transient farm labor. Housing
established under this section shall be used exclusively for that
purpose and no other. It is intended that housing under this section
shall be erected only in the rural agricultural district and only when
such housing meets the requirements and procedures of this section. It
is the intent of this section that housing for farm labor shall be in the
nature of a planned DEVELOPMENT, but with restrictions designed to
meet the peculiar requirements of the farm labor market and the
necessities of the health, safety, and general welfare of the farm
laborers and the general public.
B. The following housing types are permitted as farm labor housing, either
as PRINCIPAL BUILDINGS or ACCESSORY BUILDINGS:
1. SINGLE-FAMIL Y DWELLINGS.
2. MOBILE HOMES.
3. DUPLEXES.
4. MUL TIPLE-FAMIL Y DWELLINGS.
5. TTRVCs.
Page 34 of 1 41
C. In addition to uses and structures that are ACCESSORY and incidental
to farm labor housing uses, the following specific ACCESSORY USES
are permitted:
1. Caretakers' residences.
2. CHILD CARE CENTERS.
D. No construction for the housing of farm labor shall be erected until a
SDP has been approved. '.-i.
....
E. Standards
1. Farm labor housing shall be set back a minimum of 1,000 feet
measured from the nearest point of construction to any state,
federal, or County highway RIGHT-OF-WAY line.
2. No on-site farm labor housing shall exceed in land area three (3)
percent of the gross acreage of the agricultural operation, or ten
(10) acres, whichever is less. Off-site farm labor housing for
laborers shall have a land area of not less than one (1) acre nor
more than ten (10) acres.
3. STREETS shall be surfaced with a hard dustless material. I
:1
'I
4. At least 300 square feet shall be provided for each LOT or
Dwelling Unit for OPEN SPACE and recreation area.
5. Certification required by chapter 10D-2S, F.A.C., as a migrant labor
camp shall be required.
6. Table of Dimensional Standards
Single-family or Duplex or Multi- Dormitory
Mobile Home familv Housina
Minimum lot area (sa. f1.) 4,000 43,560 43,560
Minimum lot width (ft.) 40 100 100
Minimum setbacks (ft.)
Front yard 10 20 20
Side yard 5 20 20
Rear vard 10 20 20
Maximum BUILDING heiaht (ft.) 30 30 30
Minimum floor area (sa. ft.) 500 500 500
5.05.04 Group Housing
A. All GROUP HOUSING structures shall meet the following requirements
specified for each type of structure. All proposals for GROUP
HOUSING, except FAMILY CARE FACILITIES, shall be processed
with a SDP.
B. A FAMILY CARE FACILITY shall be treated as a single-DWELLING
UNIT for the purpose of determining applicable DEVELOPMENT
Page 35 of 141
- - 0___"'"'__.
standards and, therefore, shall conform to the standards identified for a
SINGLE-FAMILY DWELLING UNIT or MOBILE HOME in the zoning
district assigned to the property, as well as other applicable standards
found in this Code. However, a new family care facility shall not be
located within a radius of 1,000 feet of another existing family care
facility.
C. Table of site design standards for category I and category II GROUP
CARE FACILITIES:
Cate 0 I and " Homeless Shelters
1 ,500 + 200 for each 1 ,500 + 150 for each
Minimum habitable floor area s . ft. erson over six erson over six
6,000 + 1 ,500 for 6,000 + 400 for each
each erson over six erson over six
Parkin s aces
Separation requirement from an existing group care
facility in RMF-6, RMF-12, RMF-16, RT, and VR zoning Radius of 1 ,200 feet or more
districts
Separation requirement from an existing group care Radius of 500 feet or more
facilit in A, estates, and RSF 1--6 zonin districts
Special setback requirements for property abutting 20 feet from residential property line
residential zonin districts
Special setback requirements for property abutting 25 feet of a road right-of-way line
roadwa s
D. All other care housing environments as defined in this Code, including,
but not limited to, CARE UNITS, assisted living units, continuing care
retirement communities, nursing homes, and DWELLING UNITS that
are part of an aging-in-pace living environment shall adhere to the
following standards in addition to those established by the underlying
zoning district.
1. The maximum FLOOR AREA RATIO shall not exceed 0.45.
2. No structure shall be erected within twenty (20) feet of any
ABUTTING LOT or PARCEL which is zoned residential, nor within
twenty-five (25) feet of a road RIGHT-OF-WAY.
3. Parking spaces required:
a. Independent living units. One (1) per DWELLING UNIT.
b. Assisted living units. 0.75 per assisted unit.
c. Nursing CARE UNITS. Two (2) parking spaces per five (5) beds.
4. The procedures for applications and review of proposed GROUP
CARE FACILITIES are set forth in Chapter 10.
Page 36 of 141
5.05.05 Automobile Service Stations
A. The purpose of this section is to ensure that AUTOMOBILE SERVICE
STATIONS do not adversely impact ADJACENT land uses, especially
residential land uses. The high levels of traffic, glare, and intensity of
use associated with service stations, particularly those open twenty-
four (24) hours, may be incompatible with surrounding uses, especially
residential uses. Therefore, in the interest of protecting the health,
safety, and general welfare of..the public, the following regulations shall
apply to the location, layout, drainage, operation, landscaping, parking,
and permitted sales and service activities of AUTOMOBILE SERVICE
STATIONS.
B. Table of site design requirements:
Site Standards
Minimum lot area (sa. ft.) 30,000
Minimum lot width (ft.) 150
Minimum lot deoth (ft.) 180
Separation from ADJACENT AUTOMOBILE SERVICE
STATIONS (ft.) (based on distance between nearest ooints) 500
Minimum setbacks:
Front yard 50 !
I
Side yard 40 1
Rear yard 40 I
C. BUILDING architecture shall meet the requirements of section 5.05.08.
D. The following landscape requirements are in addition to the
requirements of section 4.06.00 Landscaping and Buffering.
1. RIGHT-OF-WAY BUFFER landscaping:
a. Landscaping ADJACENT to rights-of-way external to the
DEVELOPMENT project shall be located within a LANDSCAPE
BUFFER easement which is a minimum of twenty-five (25) feet
in width. Water management swales shall not be located within
these BUFFER areas; however, water management facilities
such as underground piping shall be permitted.
b. An undulating BERM with a maximum slope of 3:1 shall be
constructed along the entire length of the LANDSCAPE
BUFFER. The BERM shall be constructed and maintained at a
minimum average height of three (3) feet. The BERM shall be
planted with ground cover (other than grass), shrubs, hedges,
trees, and palms.
c. The required trees and palms shall be clustered in double rows
with a minimum of three (3) trees per cluster. Canopy trees shall
be planted a maximum of twenty (20) feet on center within a
cluster. The use of palms within the RIGHT-OF-WAY BUFFER
shall be limited to landscaped areas ADJACENT to vehicular
ACCESS points. Palms shall be planted in staggered heights, a
minimum of three (3) palms per cluster, spaced at a maximum
Page 37 of 141
-.. --'.~.
of eight (8) feet on center, with a minimum of a four (4) foot
difference in height between each tree. Exceptions will be made
for Roystonea spp. and Phoenix spp. (not including roebelenii)
which may be planted one (1) palm per cluster. A maximum
distance of twenty-five (25) feet between all types of tree
clusters shall be maintained (See Illustration 1 below).
d. All of the trees shall be a minimum of fourteen (14) feet in height
at the time of installation. Trees shall have a minimum of a three
and one-half (3 %) in~h caliper at twelve (12) inches above the
ground and a six (6)foot spread. At installation, shrubs shall be
a minimum of ten (10) gallon, five (5) feet in height, with a three
(3) foot spread, planted four (4) feet on center.
2. Landscaping ADJACENT to all other property lines:
a. Side property boundaries (other than those ADJACENT to
rights-of-way) shall be planted with single row hedges
consistent with the minimum requirements of section 4.06.00,
Landscaping and Buffering.
b. Rear property boundaries (other than those ADJACENT to:road
rights-of-way) shall be planted with a single row hedge.' The
hedge shall be a minimum height of four (4) feet at planting,
planted at three (3) feet on center, and shall be maintained at a
height of five (5) feet.
c. Curbing shall be installed and constructed, consistent with
minimum code requirements, between all paved areas and
landscape areas.
Page 38 of 141
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Illustration 1 - Auto Service Station R.O.W. Landscape Requirements
E. AUTOMOBILE SERVICE STATION sites shail be separated from
ADJACENT residentially zoned or residentially developed properties
by an architecturally designed six (6) foot high masonry wall or fence
Page 39 of 141
",.~_.... -"- ~'-""-
utilizing materials similar in color, module, and texture to those utilized
for the BUILDING. Landscaping shall be planted on the residential side
of the fence or wall.
1. The BZA may, by resolution, grant a waiver of part or all of the
minimum separation requirements set forth herein if it is
demonstrated by the APPLICANT and determined by the BZA that
the site proposed for DEVELOPMENT of an AUTOMOBILE
SERVICE STATION is separated from another AUTOMOBILE
SERVICE STATION by natural or man-made boundaries,
structures, or other features which offset or limit the necessity for
such minimum distance requirements. The BZA's decision to waive
part or all of the distance requirements shall be based upon the
following factors:
a. Whether the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed
establishment and an existing AUTOMOBILE SERVICE
STATION is determined by the BZA to lessen the impact of the
proposed service station. Such boundary, structure, or other
feature may include, but is not limited to, lakes, marshes,
nondevelopable WETLANDS, designated preserve areas,
canals, and a minimum of a four (4) lane ARTERIAL or
COLLECTOR RIGHT-Of-WAY.
b. Whether the AUTOMOBILE SERVICE STATION is only
engaged in the servicing of automobiles during regular, daytime
business hours, or, if in addition to or in lieu of servicing, the
station sells food, gasoline, and other convenience items during
daytime, nighttime, or on a twenty-four (24) hour basis.
c. Whether the service station is located within a SHOPPING
CENTER primarily accessed by a DRIVEWAY, or if it fronts on
and is accessed directly from a platted road right-of-way.
d. Whether the granting of the distance waiver will have an
adverse impact on ADJACENT land uses, especially residential
land uses.
F. Lighting.
1. All lighting facilities shall be directed away from adjoining
properties.
2. On-site luminaries shall be of low level, indirect diffuse type, and
shall not exceed a height of greater than twenty (20) feet above
finished GRADE.
3. Lighting located undemeath a canopy shall be of low level, indirect
diffuse type designed to provide light only to the pump island areas
located undemeath said canopy.
Page 40 of 141
G. All restrooms shall be located inside or to the side or rear of the
BUILDING.
H. As required by section 5.03.04, a six (6) foot high enclosed trash area
to be integrated with the design of the service station shall be provided.
/. Storage tanks shall be located below GRADE.
J. There shall be no outside displays of products, stacking of tires, or
other merchandise.
K. No AUTOMOBILE SERVICE STATION shall have an entrance or exit
for vehicles within 200 feet along the same side of a STREET as a
SCHOOL, public playground, CHILD CARE CENTER, CHURCH,
hospital, public library, orany institution for dependents or for children,
except where such property is in another BLOCK.
L. Color accent banding on gasoline canopy structures and all other
structures is prohibited. Canopies shall be of one (1) color, consistent
with the predominant color of the PRINCIPAL STRUCTURE, if
applicable. The color of all structures on-site shall be of soft earth
tones or pastels.
M. Each AUTOMOBILE SERVICE STATION shall provide the necessary
infrastructure and pre-wiring in order to provide the capabilities for
generator service in case of emergencies.
N. In addition to the retail dispensing of automobile fuels and oil, only the
following services may be rendered and sales made, except as
indicated:
1. Sales and servicing of spark plugs, batteries, distributors, and
distributor parts.
2. Sales, mounting, balancing, and repair of tires and wheel
alignments, but not recapping of tires.
3. Sales and replacement of water hoses, fan belts, brake fluid, light
bulbs, fuses, floor mats, wiper blades, grease retainers, wheel
bearings, shock absorbers, mirrors, exhaust systems, and the like.
4. Provision of water, antifreeze, flushing of the cooling system, air
conditioning recharge, and the like.
5. Providing and repairing fuel pumps and lines.
6. Minor motor adjustments not involving removal of the head or
crankcase.
7. Greasing and lubrication.
8. Sales of cold drinks, candies, tobacco, and similar convenience
goods for service station customers, but strictly and only as
ACCESSORY and incidental to the principal business operation.
9. Provision of road maps and other information.
Page 41 of 141
.-..
10. No mechanical work shall be allowed outside of the enclosed
areas.
11. Oil drainage pits or appliances for such purpose or repair purposes
shall be located within a wholly enclosed BUILDING.
12. Uses permissible at an AUTOMOBILE SERVICE STATION do not
include major mechanical and body work, straightening of frames or
body parts, steam cle~ning, painting, welding, storage of
automobiles (except as expressly permitted in. subsection 13.
below), commercial garage as an ACCESSORY. USE, or other
work involving undue noise, glare, fumes, smoke, or other
characteristics to an extent greater than normally found in such
stations. An AUTOMOBILE SERVICE STATION is not a facility for
the sale of automobile vehicles, a repair garage, a body shop, or a
truck stop.
13. The temporary storage of vehicles shall be permitted if the vehicles
are to be serviced at the service station or if the vehicles have been
towed by the service station and are being held for servicing, for an
insurance company, or for salvage. Any such vehicle(s), other ;than
those vehicles serviced daily, shall be stored within an area
surrounded by an opaque fence not less than six (6) feet high. Said
vehicles shall not be stored longer than sixty (60) days.
14. Washing and polishing of automobiles and sale of automobile
washing and polishing materials, but this only allows auto detailing
as an ACCESSORY USE. This provision does not allow
carwashes except in those zoning districts where a carwash is a
permitted use, and where such carwashes shall be subject to
criteria specified in the zoning district.
O. Procedural requirements are set forth in Chapter 10.
5.05.06 Private Airports
A. The APPLICANT must control the airspace within 700 feet from the
ends of the primary surface(s). The control is to prevent any AIRPORT
HAZARDS from being grown, erected, or otherwise placed within a
glide path of twenty (20) to one (1) from the ends of the primary
surface. This control may be created by ownership, right-of-way,
easement, or a combination thereof.
B. The SETBACK for the primary surface shall be 200 feet.
C. Other structures must conform with SETBACKS of the underlying
district; however, they may not be placed within fifty (50) feet of the
primary surface.
5.05.07 Townhouse DEVELOPMENT
A. Table of site design standards:
I I Site Standards I
Page 42 of 141
, .
Minimum lot area s . ft. 2,500
Minimum lot width ft. 30
Minimum setbacks:
Front yard - front entry garage 20
Front yard - side entry garage 10
Side yard A
Rear yard - principal structures 20
Rear ard - accesso structures 10
A = ZERO (0) LOT LINE; otherwise ten (10) feet for PRINCIPAL STRUCTURES, or one-
half (1/2) the height of the sum of the walls facing one another, whichever is greater.
5.05.08 Architectural Standards for Commercial BUILDINGS and Projects
A. Purpose and intent
The purpose of these standards and guidelines is to supplement existing
DEVELOPMENT criteria with specific criteria that apply to the design of
commercial BUILDINGS and projects. Commercial DEVELOPMENT
depends on high visibility from major public streets. In tum, their design of
BUILDING(s) and site determines much of the image and attractiveness
of the streetscapes and character of a community. Massive and/or generic
DEVELOPMENTS that do not contribute to, or integrate with, the
community in a positive manner can be detrimental to a community's
image, and sense of place. The goal is to create and maintain a positive
ambiance and strong community image and identity by providing for
architectural and site design treatments which will enhance the visual
appearance of commercial DEVELOPMENT in Collier County, while still
providing for design flexibility. These standards are intended to enhance
the quality of life in Collier County.
The prominent styles of architecture in Collier County include: a blend of
Spanish Mediterranean with barrel tile roofs, stucco facades, arches and
wood accent members used as typical details; Florida Cracker style, which
includes metal roofs and covered porches; and Bermuda/Island Regency
which includes white tile roofs with stucco facades and quoins used as
typical details. While no particular style of architecture is prohibited herein,
the above referenced individual styles, and the interpretation or blending
of characteristics associated with these styles are encouraged.
These standards and guidelines incorporate a basic level of architectural
design with site design features which incorporate safe and convenient
vehicular use areas and pedestrian ways, and landscape, lighting and
signage treatments intended to result in a comprehensive plan for
BUILDING design and site DEVELOPMENT consistent with the goals,
policies and objectives of the Collier County Growth Management Plan
and the purpose and intent of this Code. These regulations are intended to
promote the use of Crime Prevention Through Environmental Design
(C.P.T.E.D.) principals including: visibility - visibility for law enforcement
Page 43 of 141
-.~._- --.
and other people in the area; natural surveillance - placing areas of activity
where they can be seen by law enforcement and the public; and
defensible space - designing areas which people will take as their own
and not be willing to relinquish this space other undesirable activities.
B. Applicability
Provisions of this division are applicable in all commercial zoning districts,
commercial and non-residential components of PUD. districts, ORis,
business park districts, industriaf'zoned areas and all other zoning districts
for non-residential DEVELOPMENTS and BUILDINGS fronting on arterial
or COLLECTOR ROADS as described by the transportation circulation
element of the growth management plan, when located in the urban
residential areas as indicated on the future land use map of the growth
management plan, as provided below:
1. Renovations and redevelopment: In the case of additions or
renovations to, or redevelopment of, an existing BUILDING or project,
where the cost of such addition, renovation, or redevelopment exceeds
50 percent of the value of the existing structure(s), or 20 percent of the
square footage of the existing structures, the provisions of this division
shall apply.
2. Discontinuance: The provisions of section 9.03.00 of this Code do
not apply to the provisions of section 5.05.08 which require structural
ALTERATIONS and are superseded by the following. Where the use
of a structure ceases for any reason, except where governmental
action impedes ACCESS to the premises, for a period of more than
365 consecutive days, the provisions of this Code which may require
structural ALTERATIONS shall be adhered to prior to reoccupancy of
the structure. With respect to vehicular use and required landscape
areas, the provisions of this section shall apply where the use of a
structure ceases for any reason, except where governmental action
impedes ACCESS to the premises, for a period of more than 180
consecutive days.
3. Required site DEVELOPMENT or improvement plan. Compliance
with the standards set forth in this division shall be demonstrated by
submittal of architectural drawings and a site DEVELOPMENT plan or
site improvement plan in accordance with section 10.02.03 of this
Code.
4. Illustrations. Illustrations provided in this. section 5.05.08 are
intended to provide a graphic example of a specific provision or
provisions set forth herein. Variations from these illustrations which
nonetheless adhere to the provisions of this division, are encouraged.
Page 44 of 141
5. Non-commercial DEVELOPMENT: Non-commercial use
applications shall demonstrate that the intent of this section can be
effectively accomplished without meeting the specific DEVELOPMENT
standards of this section. Designs which are responsive to the context
and proposed use and demonstrate a well considered design theme
may request an administrative review of the alternative approach and
design. In addition to the b~~e submittal requirements, APPLICANTS
shall clearly label the plan submitted as an "Alternative Architectural
Design Standards Plan" and shall reference the requested deviations
on the plan and shall submit a descriptive narrative which specifically
identifies the code DEVELOPMENT standards required by this section
which is/are being proposed to be addressed through the alternative
approach. Supplemental submittal and narrative descriptions must be
provided which supports the APPLICANT'S submission. The County
Manager or his designee will administratively review submittal
documents for consistency with the intent of this section and if the plan
is approved through this provision, shall specifically note the approved
deviations and the basis of the approval within the site
DEVELOPMENT plan approval letter. Deviations approved shall be
applicable only to the specific design and plan reviewed. Modifications
of an approved design shall void the administrative approval of the
deviation and require resubmittal of the deviation request to planning
services staff for re-evaluation of the request in the context of the
amended design and plan.
C. Architectural and site design standards and guidelines for commercial
BUILDINGS and projects with a gross BUILDING area of 20,000 square
feet or larger.
Compliance with the standards set forth in this section shall be
demonstrated by submittal of architectural drawings and a site
DEVELOPMENT plan in accordance with section 10.02.03 of this Code.
1. Off street parking design. As provided for in section 4.05.00, and
subject to the following provisions:
a. Purpose and intent. Commercial BUILDINGS and projects,
including their outparcels shall be designed to provide safe,
convenient, and efficient ACCESS for pedestrians and vehicles.
Parking shall be designed in a consistent and coordinated manner
for the entire site. The parking area shall be integrated and
designed so as to enhance the visual appearance of the
community.
b. Design standards. Parking, utilizing the same degree of angle,
Page 45 of' 41
-,,"",
shall be developed throughout the site to provide efficient and safe
traffic and pedestrian circulation. A single bay of parking provided
along the perimeter of the site may vary in design in order to
maximize the number of spaces provided on-site. The mixture of
one-way and two-way parking aisles, or different degrees of angled
parking within any parking area is prohibited, except as noted
above, or where individual parking areas are physically separated
from one another by a continuous LANDSCAPE BUffER, a
minimum five feet in width with limited ACCESS. LANDSCAPE
BUFfERS for these locations shall use landscape material other
than grass for separation of parking areas (See Illustrations 5.05.08
C.1 and 5.05.08 C.2 below).
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Illustration 5.05.08 C.1
Page 46 of 141
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Illustration 5.05.08 C.2
i. Maximum parking: Parking in excess by 20 percent of the
minimum parking requirements shall provide additional
landscaping as described in section 4.05.04 of this Code.
c. Parking for projects. Projects shall be designed to adhere to the
following standards:
i. Interior lots. No more than 50 percent of the off-street
parking for the entire commercial BUILDING or project shall
be located between any primary facade of the commercial
BUILDING or project and the ABUTTING street or navigable
waterway. (See Illustration 5.05.08 C.3 below).
P~ge 47 of 141
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Illustration 5.05.08 C.3
ii. Corner lots. No more than 80 percent of the off-street
parking for the entire commercial BUILDING or project shall
be located between any primary facade of the commercial
BUILDING or project and the ABUTTING street or navigable
waterway area, with no single side to contain more than 65
percent of the required parking. (See Illustration 5.05.08 C.4
below).
Page 48 of 141
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Illustration 5,05.08 C.4
d. Parking structure standards: a minimum of 60 percent of any
primary facade of a parking structure or covered parking facility
shall incorporate two of the following (see Illustration 5.05.08 C.5
below for examples):
i. transparent windows, with clear or lightly-tinted glass,
where pedestrian oriented businesses are located along the
facade of the parking structure;
Page 49 of 141
--- -..----
ii. display windows;
iii. decorative metal grille-work or similar detailing which
provides texture and partially and/or fully covers the parking
structure opening(s);
iv. art or architectural treatment such as sculpture,
mosaic, glass bloc~1. opaque art glass, relief work, or similar
features; or,
v. vertical trellis or other landscaping or pedestrian plaza
area.
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Illustration 5.05.08 C.5
2. Lighting.
a. Purpose and intent. Commercial BUILDINGS and projects,
including their outparcels shall be designed to provide safe,
convenient, and efficient lighting for pedestrians and vehicles.
Lighting shall be designed in a consistent and coordinated manner
for the entire site. The lighting and lighting fixtures shall be
integrated and designed so as to enhance the visual impact of the
project on the community and/or blends into the landscape.
Page 50 of 141
b. Shielding standards. Lighting shall be designed so as to prevent
direct glare, light spillage and hazardous interference with
automotive and pedestrian traffic on ADJACENT streets and all
ADJACENT properties.
c. Fixture height standards. Lighting fixtures shall be a maximum of
30 feet in height within the parking lot and shall be a maximum of
15 feet in height within non-vehicular pedestrian areas (see
Illustration 5.05.08 C.6 below).
.
Illustration 5.05.08 C.6
d. Design standards. Lighting shall be used to provide safety while
accenting key architectural elements and/or to emphasize
landscape features. Light fixtures shall be designed as an integral
design element that complements the design of the project. This
Page 51 of 141
---~. > - -,--'"._~,,- -
can be accomplished through style, material or color (excluding
florescent, primary and/or secondary colors) or be designed to
blend into the landscape through the use of dark colors such as
bronze. Mill finish is not permitted.
3. Service Function Areas (BFA) including but not limited to loading,
storage, mechanical equipment, and solid waste disposal.
'..
a. Purpose and intent. To diminish, in a safe manner, the visual
impacts of service functions that may detract or have a negative
impact on the streetscape, landscape and/or the overall community
image.
b. BUFFERING and screening standards. In accordance with the
provisions of Chapter 4 of this Code, loading areas or docks,
outdoor storage, trash collection, mechanical equipment, trash
compaction, vehicular storage excluding new and used 'cars,
recycling, roof top equipment and other service function areas shall
be fully screened and out of view from ADJACENT properties at
ground view level and in view of roadway corridors. I
\
c. Materials and design standards. Screening material and design
shall be consistent with design treatment of the primary facades of
the commercial BUILDING or project and the landscape plan.
d. Drive-through window standards. Drive-through windows and
lanes shall be designed to adhere to the following standards:
i. Drive-through windows shall not be placed between
the right-of-way of a primary collector or ARTERIAL
ROADWAY and the associated BUILDING, unless the
vegetation required by a Type "B" LANDSCAPE BUFFER is
installed within the BUFFER width required for the project
and maintained along the entire length of the drive-through
lane between the drive-through lane and the ADJACENT
right-of-way. As an alternative to the vegetative BUFFER
referenced above, a permanent covered porte-cochere type
structure, other than awning/canvass type structure(s), may
be installed extending the width of the drive-through and
covering the service window(s). Such structure shall be
integrated structurally and architecturally into the design of
the BUILDING.
ii. Only a single drive-through facility is permitted.
4. Pedestrian walkways.
Page 52 of 141
a. Purpose and intent. To provide safe opportunities for altemative
modes of transportation by connecting with existing and future
pedestrian and bicycle pathways within the county and to provide
safe passage from the public right-of-way to the BUILDING or
project, which includes the area between and including the parking
areas and the BUILDING perimeter, and between alternative
modes of transportation.
b. Pedestrian access standards. Pedestrian ways, linkages and
paths shall be provided from the BUILDING entry(s) to surrounding
streets, external sidewalks, outparcels and parking areas.
Pedestrian ways shall be designed to provide ACCESS between
parking areas and the BUILDING entrance(s) in a coordinated and
safe manner through the incorporation of walkways, sidewalks and
crosswalks. Pedestrian ways may be incorporated within a required
landscape perimeter BUFFER, provided said BUFFER is
consistent with the exceptions outlined in Chapter 4 of this code.
Shared pedestrian walkways are encouraged between ADJACENT
commercial projects.
c. Minimum ratios. Pedestrian ways shall be provided at a
minimum ratio of one for each public vehicular entrance to a
project, excluding ingress and egress points intended primarily for
service, delivery or employee vehicles.
d. Minimum dimensions. Pedestrian walkways shall be a minimum
of five feet wide.
e. Materials. Pedestrian walkways shall be consistent with the
provisions of section 4.5 of the Americans with Disabilities Act
(ADA), Accessibility Guidelines. Materials may include specialty
pavers, concrete, colored concrete or stamped pattern concrete.
f. Pedestrian crosswalks at BUILDING perimeter. BUILDING
perimeter crosswalks shall be designed and coordinated to move
people safely to and from BUILDINGS and parking areas by
identifying pedestrian crossings with signage and variations in
pavement materials or markings.
g. Shade. Pedestrian walkways shall provide intermittent shaded
areas when the walkway exceeds 100 linear feet in length at a
minimum ratio of 100 square feet of shade~ area per every 100
linear feet of walkway. Shade structures may be natural, manmade
or a combination of both.
Page 53 of 141
._~ ---,.
5. BUILDING design.
a. Purpose and intent. To maintain and enhance the attractiveness
of the streetscape and the existing architectural design of the
community. BUILDINGS shall have architectural features and
patterns that provide visual interest from the perspective of the
pedestrian; reduce massing aesthetic; recognize local character,
and be site responsive. Facades shall be designed to reduce the
mass/scale and uniform monolithic appearance of large unadorned
walls, while providing visual interest that will be consistent with the
community's identity and character through the use of detail and
scale. Articulation is accomplished by varying the BUILDING'S
mass in height and width so that it appears to be divided into
distinct massing elements and details that can be perceived at the
scale of the pedestrian (see Illustration 5.05.08 C.7 below).
Page 54 of 141
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Illustration 5.05.08 C.7
Page 55 of 141
Corner lots at an intersection of two or more arterial or
COLLECTOR ROADS shall be designed with additional
architectural embellishments, such as corner towers, or other such
design features, to emphasize their location as gateways and
transition points within the community.
b. BUILDING orientation standards. Facades/elevations that are
ADJACENT to an ARTERIAL or COLLECTOR .STREET, or a
navigable waterway, shall have two of the following design
features; '"
i. Windows at a minimum of 40 percent of the affected
facade;
ii. Projected covered public entry with a minimum of 25
percent of the wall space devoted to windows:
iii. Covered walkway (excluding canvas type) unless
provided with six (6) inch columns or better attached to the
BUILDING at a minimum of eight feet wide with a 60 percent
minimum coverage for the affected facade.
c. Facade/wall height transition. New DEVELOPMENTS that are
located within 300 feet of an existing BUILDING, and are more than
twice the height of any existing BUILDING within 300 feet shall
provide transitional massing elements to transition between the
existing BUILDINGS of lower height within 300 feet, and the
proposed DEVELOPMENT. The transitional massing element can
be no more than 100 percent taller than the average height of the
ADJACENT BUILDINGS (see Illustration 5.05.08 C.8 below).
Page 56 of 141
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Illustration 5.05.08 C.8
d. Facade standard. All primary facades of a BUILDING shall be
designed with consistent architectural style, detail and trim features.
Facades attached to a primary facade shall incorporate features of
the primary facade for a minimum of 33 percent of the overall wall
length measured from the attached primary facade. In the case of
outparcel BUILDINGS, all exterior facades shall adhere to the
requirements of this division with respect to architectural design
treatments for primary facades.
i. Window standards: Windows shall not appear to be false
or applied.
ii. Awning standards: These standards apply to awnings
associated with and attached to a BUILDING/structure. (See
Illustration 5.05.08 C.9)
Page 57 cf 141
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Illustration 5.05.08 C.9
Mansard awnings which are awnings that are more than 90
percent of a facade or those that connect two facades shall
adhere to all roof standards of this section of this Code.
All other awnings which are awnings that constitute less than
90 percent of a facade and which do not provide a
connection between facades shall adhere to the following
standards:
a) Awnings may be backlit provided the
illuminated portion of the awning with graphics does
not exceed the size limitations and standards of this
Code.
Automobile sales parking lot awnings: Shade awnings may
be erected in automobile sales parking lots subject to the
following requirements and standards:
Page 58 of 141
a) No shade awning structure shall be
constructed within 75 feet of any public or private
street.
b) No one shade awning structure may exceed an
area sufficient to provide cover for more than 20
automobilesl. .
c) The minimum separation between shade
awning structures shall be 100 feet.
d) Multi-colored shade awning structures are
prohibited and the use of black, gray, florescent,
primary and/or secondary colors is prohibited. Earth-
tone colors are encouraged.
iii. Overhead doors: Overhead doors facing one another
may be treated as interior space provided that, the
BUILDINGS meet all other requirements of this section
5.05.08. (See Illustration 5.05.08 C.1 0 below) I
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Illustration 5.05.08 C.10
Page 59 of 141
e. Massing standards. Exterior facades shall be designed to
employ the following design treatments on the ground floor:
i. No horizontal length or uninterrupted curve of a
BUILDING facade shall exceed 100 linear feet. For arcaded
facades, no horizontal length or uninterrupt~d curve of the
arcaded facade shall exceed 120 feet, but varied lengths are
desirable. Projections and recesses shall have a minimum
depth of three feet with 25 percent of these having a varied
length with a minimum differential of one foot (See
Illustration 5.05.08 C.11 below).
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Illustration 5.05.08 C.11
ii. Exterior wall planes shall not constitute more than 60
percent of each affected ground floor facade. The wall plane
shall be measured at one foot off the exterior wall surface on
each side of the wall.
iii. Primary facades on the ground floor shall have
features along a minimum of 50 percent of their horizontal
length per affected side. These features include, but are not
limited to: arcades, a minimum of six feet clear in width;
Page 60 of 141
display windows; entry areas; or other such design
elements. Awnings are included in this calculation at 1.5
times the window width when associated with windows/doors
and are in increments of 20 feet in length or less.
f. Project standards. Both single and multi-use BUILDINGS and
projects shall also be required to provide a minimum of four of the
following BUILDING design treatments (see Illustrations 5.05.08
C.12 and 13 below):
i Canopies or portico, integrated with the BUILDINGS
massing and style;
ii. Overhangs, minimum of three feet;
iii. Arcades, minimum of eight feet clear in width;
iv. Sculptured artwork;
v. Raised cornice or BUILDING banding with a minimum
of two reliefs; I
vi. Peaked roof forms;
vii. Arches;
viii. Display windows;
ix. Ornamental and structural architectural details, other
than cornices; which are integrated into the BUILDING
structure and overall design;
x. Clock bell towers or other such roof treatment (i.e.
dormers, belvederes, cupolas);
xi. Projected and covered entry, five foot minimum;
xii. Emphasized BUILDING base, minimum of three feet
high and minimum projection from the wall of two inches;
xiii. Additional roof articulation above the minimum
standards, (see roof section);
xiv. Metal or tile roof as the dominant roof material; or
xv. Any other treatment which, in the opinion of the
Page 61 of 141
County Manager or his designee, meets the intent of this
section:
and one of the following site design elements:
i. Decorative landscape planters or planting areas, a
minimum of five feet wide, and areas for shaded seating
consisting of a miniroum of 100 square feet;
ii. Integration of specialty pavers, or stamped concrete
along the BUILDING'S walkway. Said treatment shall
constitute a minimum of 60 percent of walkway area; or,
iii. Water elements, a minimum of 150 square feet in
area; or
iv. Two accent or specimen trees (above the minimum
landscape Code requirements) along the front facade with a
minimum height of 18 feet at planting.
Page 62 of 141
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Illustration 5.05.08 C.12
Page 63 of 141
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Illustration 5.05.08 C.13
g. Detail Features
i. Purpose and intent. The design elements in the following
standards shall be integral parts of the BUILDING's exterior
facade and shall be integrated into the overall architectural
style. These elements shall not con,sist solely of applied
graphics, or paint.
ii. Blank wall areas. Blank wall areas shall not exceed ten
feet in vertical direction nor 20 feet in the horizontal direction
Page 64 of 141
of any primary facade. For facades connected to a primary
facade this shall apply to a minimum of 33 percent of the
attached facade measured from the connection point.
Control and expansion joints within this area shall constitute
blank wall area unless used as a decorative pattern and
spaced at intervals of six feet or less. Relief and reveal work
depth must be a minimum of one-half inch (see Illustration
5.05.08 C.14 below). Blank wall area may util.ize landscaping
to assist in reducing the blank wall area. Landscaping shall
not be in lieu of architectural treatment. . (See Illustration
5.05.08 C.15 below).
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Illustration 5.05.08 C.14
Page 65 of 141
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Illustration 5.05.08 C.15 I
I
Hi. Repeating facade treatments. BUILDING facades shall
include a repeating pattern and shall include no less than
three of the design elements listed below. At least one of
these design elements shall repeat horizontally. All design
elements shall repeat at intervals of no more than 50 feet,
horizontally and a maximum of 15 feet vertically.
a) Color change;
b) Texture change;
c) Material module change;
d) Expression of architectural or structural bays,
through a change in plane of no less than 12 inches in
width, such as a reveal, an offset, or a projecting rib
(see Illustration 5.05.08 C.16 below);
Page 66 of 141
.
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Illustration 5.05.08 C.16
e) Architectural banding;
f) BUILDING setbacks or projections, a minimum
of three feet in width on upper level(s) or,
g) Pattem change
h. Additional facade design treatments for multiple use
BUILDINGS.
i. Purpose and intent. The presence of BUILDINGS with
multiple tenants creates variety, breaks up large expanses of
uninterrupted facades, and expands the range of the site's
activities. Windows and window displays of such stores shall
be used to contribute to the visual interest of exterior
facades. The standards in this section are directed toward
those situations where more than one retailer, with separate
exterior customer entrances, are located within the principal
BUILDING.
ii. First floor primary facade treatments.
a) The first floor of the primary facades shall, at a
minimum, utilize windows between the heights of
three feet and eight feet above the walkway grade for
Page 67 of 141
.-.~--
no less than 30 percent of the horizontal length of the
BUILDING facade.
b) Windows shall be recessed, a minimum of one-
half inch, and shall include visually prominant sills,
shutters, stucco reliefs, or other such forms of
framing.
i. Out parcels.
.
i. Purpose and intent. To provide unified architectural design
and site planning between outparcel structures and the main
structure on the site in order to enhance the visual impact of
the structures and to provide for safe and convenient
vehicular and pedestrian ACCESS and movement within the
site.
ii. Out parcel design: All exterior facades of an outparcel
structure shall be considered primary facades and shall
employ architectural, site, and landscaping design elements
which are integrated with and common to those used on the
primary structure on site. These common design elements
shall include colors and materials associated with the main
structure. When the use of common wall, side by side
DEVELOPMENT occurs, continuity of facades and
consolidated parking for several businesses on one parking
lot may be used. Outparcel structures that are ADJACENT
to each other shall provide for vehicular connection between
their respective parking lots and provide for interconnection
of pedestrian walkways.
j. Roof treatments.
i. Purpose and intent. Variations in roof lines shall be used
to add interest to, and reduce the massing of BUILDINGS.
Roof features shall be in scale with the BUILDING's mass
and complement the character of adjoining and/or
ADJACENT BUILDINGS and neighborhoods. Roofing
material should be constructed of durable high quality
material in order to enhance the appearance and
attractiveness of the community. The following standards
identify appropriate roof treatments and features.
ii. Roof edge and parapet treatment. At a minimum of two
locations, the roof edge and/or parapet shall have a vertical
change from the dominant roof condition, a minimum of
Page 68 of 141
three feet. At least one such change shall be located on a
primary facade ADJACENT to a collector or arterial right-of-
way (see Illustration 5.05.08 C.17 below). One additional
roof change must be provided for every 25,000 square foot
increment over 50,000 square feet of ground floor space.
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Illustration 5.05.08 C.17
iii. Roofs shall meet the following requirements: (See
Illustration 5.05.08 C.18 below)
a) Parapets shall be used to conceal roof top
equipment and flat roofs;
b) Where overhanging eaves are used,
overhangs shall be no less than two feet beyond the
supporting walls. Where overhangs are less than two
Page 69 of 141
-"--,. -~_.~_.._...~- N__"
feet they shall be provided with a band or cornice, a
minimum of eight inches under the soffit at the wall.
c) Facia shall be a minimum of eight inches:
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Illustration 5.05.08 C.18
d) Tile or metal as the dominant roof material.
iv. Prohibited roof types and materials. The following types
of materials are prohibited:
a) Asphalt shingles, except laminated, 320 pound,
30 year architectural grade asphalt shingles or better;
b) Mansard roofs and canopies without a
Page 70 of 141
minimum vertical distance of eight feet and at an
angle not less than 25 degrees, and not greater than
70 degrees;
c) Roofs utilizing less than or equal to a two to 12
pitch unless utilizing full parapet coverage; and
d) Back-,H,t awnings used as a mansard or canopy
roof.
k. Entryways/customer entrance treatments.
i. Purpose and intent. Entryway design elements and
variations are intended to give protection from the sun and
adverse weather conditions. These elements are to be
integrated into a comprehensive design style for the project.
ii. Entryways/customer entrance standards. These
standards identify appropriate entry features. !
I
a) Single use BUILDINGS. Single use BUILDINGS
shall have clearly defined, highly visible customer
entrances which shall include the following:
(i) An outdoor patio area ADJACENT to
the customer entrance, a minimum of 200
square feet in area which incorporates the
following:
(1 ) benches or other seating
components;
(2) decorative landscape planters or
wing walls which incorporate
landscaped areas; and
(3) structural or vegetative shading.
(4) front entry shall be set back from
the drive a minimum distance of 15 feet.
b) Multiple use BUILDINGS and projects. Multi-use
structures shall include the following:
(i) ANCHOR TENANTS shall provide
clearly defined, highly visible customer
Page 71 of 141
--
entrances.
(ii) A provision for intermittent shaded
outdoor community space at a minimum of one
percent of the total gross floor area of the
BUILDING or commercial project. Said
community space shall be located off or
ADJACENT to the circulation path of the
complex or main structure and shall
incorporate benches or other seating
components.
(iii) A front entry shall be set back from the
drive a minimum of 15 feet.
I. Materials and color.
i. Purpose and intent. Exterior BUILDING colors and
materials contribute significantly to the visual impact of a
BUILDING on the community. They shall be well-designed
and integrated into a comprehensive design style for the
project.
ii. Exterior BUILDING materials standards.
a) Predominant exterior BUILDING materials shall
include, but are not limited to:
(i) Stucco;
(ii) Brick;
(iii) Tinted, textured, other than smooth or
ribbed, concrete masonry units; or
(iv) Stone, excluding an ashlar or rubble
construction look.
b) Predominant exterior BUILDING materials that are
prohibited include:
(i) Plastic siding;
(ii) Corrugated or reflective metal panels;
(iii) Tile;
Page 72 of 141
(iv) Smooth or rib faced concrete block; and
(v) Applied stone in an ashlar or rubble
look.
c) Automotive and other special type service
BUILDINGS,.. may utilize prefabricated metal
BUILDINGS under the following conditions:
(i) Metal BUILDINGS are more than 250
feet from any right-of-way;
(ii) Metal BUILDINGS are located directly
behind the main showroom/sales center so as
not to be a dominant facade along the street;
,
(iii) No more than 20 percent of the
BUILDING can be situated beyond the main
auto sales center and showroom. i
I
iii. Predominant exterior color(s).
a) The use of black, gray, fluorescent, primary and/or
secondary colors is prohibited as the predominant
exterior BUILDING or roof color(s). Earth-tone colors
are encouraged.
iv. BUILDING trim color(s).
a) BUILDING trim and accent areas may feature any
color(s), limited to ten percent of the affected facade
segment, with a maximum trim height of 24 inches
total for its shortest distance.
b) Neon or neon type tubing shall be permitted as
provided for in section 5.06.03 of this Code. An
approved lighting plan consistent with the provisions
of section 5.06.04 of this Code shall be provided.
6. Signage.
D. Architectural and site design standards and guidelines for commercial
BUILDINGS and projects under 20,000 square feet in size.
Page 73 of 141
--~ ----
1. Lighting.
a. Purpose and intent. Commercial BUILDINGS and projects,
including their outparcels shall be designed to provide safe,
convenient, and efficient lighting for pedestrians and vehicles.
Lighting shall be designed in a consistent and coordinated manner
for the entire site. The lighting and lighting fixtures shall be
integrated and designed ~9 as to enhance the visual impact of the
project on the community and/or should be designed to blends into
the surrounding landscape.
b. Shielding standards. Lighting shall be designed so as to prevent
di rect glare, light spillage and hazardous interference with
automotive and pedestrian traffic on ADJACENT streets and all
ADJACENT properties.
c. Fixture height standards. Lighting fixtures shall be a minimum of
30 feet in height within the parking lot and shall be a maximum of
15 feet in height within non-vehicular pedestrian areas (see
Illustration 5.05.08 D.1 below).
I
-.
Illustration 5.05.08 D.1
d. Design standards. Lighting shall be used to provide safety while
accent key architectural elements and/or to. emphasize landscape
features. Light fixtures shall be designed as an integral design
element that complements the design of the project through style,
material or color (excluding florescent and primary/secondary
Page 74 of 141
colors) and shall be designed to blend into the landscape through
the use of dark colors. Mill finish is not permitted.
2. Service Function Areas (BFA) including but not limited to loading,
storage, mechanical equipment, and solid waste disposal.
a. Purpose and intent. To diminish, in a safe manner, the visual
impacts of service functions that may distract or have a negative
impact on the streetscape, landscape and/or the overall community
image.
b. BUFFERing and screening standards. In accordance with the
provisions of Chapter 4 of this Code, loading areas or docks,
outdoor storage, trash collection, mechanical equipment trash
compaction, vehicular storage, recycling, roof-top equipment and
other service function areas shall be fully screened and out of view
from ADJACENT properties at ground view level and in view of
roadway corridors.
c. Materials and design standards. Screening material and design
shall be consistent with design treatments of the primary facades of
the commercial BUILDING or project and the landscape plan.
d. Drive-through window standards. Drive-through windows and
lanes shall be designed to adhere to the following standards;
i. Drive-through windows shall not be placed between
the right-of-way of a primary collector or ARTERIAL
ROADWAY and the associated BUILDING, unless the
vegetation required for a Type liB" LANDSCAPE BUFFER is
installed within the BUFFER width required for the project
and maintained along the entire length of the drive-through
lane between the drive through lane and the ADJACENT
right-of-way. As an alternative to the vegetative BUFFER
referenced above, a permanent covered porte-cochere type
structure, other than awning/canvas type structure(s), may
be installed, extending the width of the drive-through and
covering the service window(s). Such structure shall be
integrated structurally and architecturally into the design of
the BUILDING.
H. Only a single drive-through facility is permitted.
3. Pedestrian walkways.
a. Purpose and intent. To provide safe opportunities for alternative
Page 75 of 141
----'-
modes of transportation by connecting with existing and future
pedestrian and bicycle pathways within the county and to provide
safe passage from the public right-of-way to the commercial
BUILDING or project, and between alternative modes of
transportation.
b. Pedestrian access standards. Pedestrian ways, linkages and
paths shall be provided fr9.m the BUILDING entry(s) to surrounding
streets, external sidewalks, and outparcels. Pedestrian ways shall
be designed to provide ACCESS between parking areas and the
BUILDING entrance(s) in a coordinated and safe manner.
Pedestrian ways may be incorporated within a required landscape
perimeter BUFFER, provided said BUFFER is not less than ten feet
in width on average. Shared pedestrian walkways are encouraged
between ADJACENT commercial projects.
c. Minimum ratios. Pedestrian ways shall be provided 'at a
minimum ratio of one for each parcel.
d. Minimum dimensions. Pedestrian walkways shall be a minimum
of five feet wide. \
e. Materials. Pedestrian walkways shall be consistent with the
provisions of section 4.5 of the Americans with Disabilities Act
(ADA) Accessibility Guidelines. Materials may include specialty
pavers, concrete, colored concrete or stamped pattern concrete.
f. Pedestrian crosswalks at BUILDING perimeter. BUILDING
perimeter crosswalks shall be designed and coordinated to move
people safely to and from BUILDINGS and parking areas by
identifying pedestrian crossings with sign age and variations in
pavement materials or markings.
g. Shade pedestrian walkways shall provide intermittent shaded
areas when the walkway exceeds 100 linear feet in length at a
minimum ratio of 100 square feet of shaded area per every 100
linear feet of walkway. Shade structures may be natural, manmade
or a combination of both.
4. BUILDING design.
a. Purpose and intent. To maintain and enhance the attractiveness
of the streetscape and the existing architectural design of the
community. BUILDINGS shall have architectural features and
patterns that provide visual interest from the perspective of the
pedestrian; reduce massing aesthetic; recognize local character;
Page 76 of 141
and be site responsive. Facades shall be designed to reduce the
mass/scale and uniform monolithic appearance of large unadomed
walls, while providing visual interest that will be consistent with the
community's identity and character through the use of detail and
scale. Articulation is accomplished by varying the BUILDINGS
mass in height and width so that it appears to be divided into
distinct massing elements and details that can be perceived at the
scale of the pedestrian (see Illustration 5.05.08 0.2 below).
Comer lots at an intersection of two or more a.rterials or major
COLLECTOR ROADS shall be designed to emphasize their
location. BUILDINGS and structures on corner lots shall be
designed with additional architectural embellishments such as
corner towers, or other such design features, to emphasize their
location as gateways and transition points within the community.
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Illustration 5.05.08 D.2
b. BUILDING orientation standards. BUILDING facades facing a
public street between 5,000 square feet and 19,999 square feet in
gross BUILDING area shall have two of the following:
i. Windows at a minimum of 33 percent of the affected
facade.
Page 77 of 141
.--
ii. Covered public entry with a minimum of 20 percent of
the wall space devoted to windows.
iii. Covered walkway (excluding canvas type) unless
provided with six inch columns or better attached to the
BUILDING at a minimum of six feet wide with a 50 percent
minimum coverageJor the affected facade.
For BUILDINGS less than 5,000 square feet in area,
facades facing a public street shall have one of the following:
i. Windows at a minimum of 25 percent of the affected
facade.
ii. Covered public entry with a minimum of 20 percent of
the wall space devoted to windows.
c. Facade/wall height transition. New DEVELOPMENTS that are
located within 300 feet of an existing BUILDING, and are more than
twice the height of any existing BUILDING within 300 feet;shall
provide transitional massing elements to transition between the
existing BUILDINGS of lower height within 300 feet, and the
proposed DEVELOPMENT. The transitional massing element can
be no more than 100 percent taller than the average height of the
ADJACENT BUILDINGS (see Illustration 5.05.08 0.3 below).
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Illustration 5.05.08 D.3
Page 78 of 141
d. Facade standards. All primary facades of a BUILDING shall be
designed with consistent architectural style and detail and trim
features.
Facades attached to a primary facade shall incorporate features of
the primary facade for a minimum of 33 percent of the overall wall
length measured from the attached primary facade. In the case of
outparcel BUILDINGS, all exterior facades shall adhere to the
requirements of this division with respect to architectural design
treatments for primary facades.
e. Massing standards. Exterior facades shall be designed to
employ the following design treatments:
(1 ) No horizontal length, or uninterrupted curve, of the ground
floor of any primary facade, for BUILDINGS between 10,000 and
19,999 square feet in gross BUILDING area, shall exceed 50 feet,
with the maximum being 80 feet for arcades. Projections and
recesses shall have a minimum depth of two feet and a minimum
total width of 20 percent of the facade with varied lengths. For
BUILDINGS under 10,000 square feet, no horizontal length, or
uninterrupted curve, of any primary facade shall exceed 35 feet,
with the maximum being 60 feet for arcades. Projections and
recesses shall have a minimum depth of one foot and a minimum
total width of 20 percent of the facade with varied lengths. All
BUILDINGS shall provide a minimum of one offset per public street
or navigable waterway.
(2) For BUILDINGS between 10,000 square feet and 19,999
square feet in gross BUILDING area, exterior wall planes shall not
constitute more than 50 percent of each affected ground floor
facade over 30 feet. The wall plane shall be measured at one foot
off the exterior wall surface on each side of the wall.
(3) Primary facades on the ground floor for BUILDINGS
between 5,000 square feet and 19,999 square feet in gross
BUILDING area shall have arcades a minimum of six feet clear in
width, display windows, entry areas, or other such features along
no less than 33 percent of the horizontal length for each primary
facade. Awnings are included in this calculation at 1.5 times the
window width when associated with windows/doors in increments
less than ten feet.
i. Window standards: Windows shall not be false or applied.
Page 79 of 141
-_._- -..-.
ii. A wning Standards: These standards apply to awnings
associated and attached to a BUILDING/structure). (see
Illustration 5.05.08 C.9 in this Chapter)
Mansard awnings which are awnings that are more'than 90
percent of a facade or those that connect two facades shall
adhere to all roof standards of this section of this Code.
Other awnings which are awnings that constitute less than
90 percent of a facade and which do not provide a
connection between facades shall adhere to the following
standards:
a) Awnings may be backlit provided the
illuminated portion of the awning with graphics does
not exceed the size limitations and standards of this
Code.
b) Automobile sales parking lot awnings: Shade
awnings may be erected in automobile sales parking
lots subject to the following requirements and
standards:
i) No shade awning structure shall be
constructed within 75 feet of any public or
private street.
ii) No one shade awning structure may
exceed an area sufficient to provide cover for
more than 20 automobiles.
iii) The minimum separation between
awning shade structures shall be 100 feet.
iv) Multi-colored shade awning structures
are prohibited and the use of black, gray,
florescent, primary and/or secondary colors is
prohibited. Earth-tone colors are encouraged.
i ii. Overhead doors: Overhead doors facing one another
may be treated as interior space provide[d] that the
BUILDINGS meet all other requirements of this section of
the Code. (See Illustration 5.05.08 C.1 0 in this Chapter)
f. Project standards. Both single and multi-use BUILDINGS and
projects shall also be required to provide a minimum of four of the
Page 80 of 141
following BUILDING design treatments (see Illustration 5.05.08 0.4
below) .
i. Canopies or porticos, integrated with the BUILDINGls
massing and style;
ii. Overhangs, a minimum of three feet;
< \ ~ .
Hi. Arcades, a minimum of six feet clear in width;
iv. Sculptured artwork;
v. Raised cornice or BUILDING banding with a minimum
of two reliefs;
vi. Peaked roof forms;
vii. Arches;
viii. Display windows;
ix. Ornamental and structural architectural details, other
than cornices; which are integrated into the BUILDING
structure and overall design;
x. Clock bell towers or other such roof treatment (i.e.
dormers, belvederes, cupolas);
xi. Projected entry.
xii. Emphasized BUILDING base, a minimum of three
feet high and a minimum projection from the wall of two
inches.
xiii. Additional roof articulation above the minimum
standards; or
xiv. Any other treatment which, in the opinion of the
County Manager or his designee, meets the intent of this
section;
Page 81 of 141
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Illustration 5.05.08 D.4
and one of the following site design elements:
i. Decorative landscape planters or planting areas, a
minimum of five feet wide, and areas for shaded seating
consisting of a minimum of 100 square feet;
Page 82 of 141
ii. Integration of specialty pavers, or stamped concrete
along the BUILDINGS walkway. Said treatment shall
constitute a minimum of 60 percent of walkway area;
iii. Water element(s), a minimum of 150 square feet in
area; or
iv. Two accent ..9r specimen trees (above the minimum
landscape requirements of the Code) along the front facade
with a minimum height of 18 feet at planting.
g. Detail features.
i. Purpose and intent. The design elements in the following
standards shall be integral parts of the BUILDING's exterior
facade and shall be integrated into the overall architectural
style. These elements shall not consist solely of applied
graphics, or paint.
ii. I
Blank wall areas. Blank wall areas shall not exceed ten
feet in the vertical direction nor 20 feet in the horizontal
direction of any primary facade. For facades connected'to a
primary facade this shall apply to a minimum of 33 percent of
the attached facade and measured for the connection
(control and expansion joints within this area shall constitute
blank wall area unless used as a decorative pattern and
spaced at intervals of six feet or less. Relief and reveal work
depth must be a minimum of one-half inch (see Illustration
5.05.08 0.5 below). Blank wall area may utilize landscaping
to assist in reducing the blank wall area, but the landscaping
shall not be in lieu of architectural treatment. (See Illustration
5.05.08 C.15 in this Chapter)
Page 83 of 141
--",-,
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Illustration 5.05.08 D.5
iii. Repeating FACADE treatments. BUILDING FACADES
shall include a repeating pattern and shall include no less
than three of the design elements listed below. At least one
of these design elements shall repeat horizontally. All design
elements shall repeat at intervals of no more than 25 feet,
horizontally and a maximum of 15 feet vertically.
a) Color change;
b) Texture change;
c) Material module change;
d) Expression of architectural or structural bays,
through a change in plane of no less than 12 inches in
width, such as a reveal, an offset, or a projecting rib
(see Illustration 5.05.08 0.6 below.):
Page 84 of 141
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Illustration 5.05.08 D.6
e) Architectural banding;
I
I
f) BUILDING SETBACKS or projections, a
minimum of three feet in width, on upper level(s); or,
g) Pattem change.
h. OUTPARCELS.
i. Purpose and intent. To provide unified architectural design
and site planning between OUTPARCELS and the main
STRUCTURE on site in order to enhance the visual
experience for the vehicular and pedestrian public, and to
provide for safe and convenient vehicular and pedestrian
ACCESS and movement within the site.
ii. OUTPARCEL design. All exterior FACADES of an
OUTPARCEL BUILDING shall be considered primary
FACADES and shall employ architectural, site, and
landscaping design elements which are integrated with and
common to those used on the primary STRUCTURE on site.
These common design elements shall include colors and
materials associated with the main STRUCTURE. When the
use of common wall, side by side DEVELOPMENT occurs,
continuity of FACADES and consolidated parking for several
businesses on one parking LOT may be used.
OUTP ARCELS that are ADJACENT to each other are
Page 85 of 141
_.~ ---.~- -..-- -~._.
encouraged provide for vehicular connection between
parking LOTS and provide for pedestrian interconnection.
OUTP ARCELS shall be designed and integrated with the
main project.
i. Roof treatments.
i. Purpose and intfJ,nt. Variations in roof lines shall be used
to add interest to; .and reduce the massing of BUILDINGS.
Roof features shall be in scale with the BUILDING'S mass
and complement the character of adjoining and/or
ADJACENT BUILDINGS and neighborhoods. Roofing
material should be constructed of durable high quality
material in order to enhance the appearance and
attractiveness of the community. The following standards
identify appropriate roof treatments and features.
I
ii. Roof edge and parapet treatment. At a minimum of two
locations, the roof edge and/or parapet shall have a vertical
I
change from the dominant roof condition, a minimum of two
feet. At least one such change shall be located on a primary
FACADE ADJACENT to a collector or arterial RIGHT-OF-
WAY (see Illustration 5.05.08 D.7 below).
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Illustration 5.05.08 D.7
iii. Roofs shall meet the following requirements:
Page 86 of 141
a) Parapets shall be used to conceal roof top
equipment and flat roofs;
b) Where overhanging eaves are used,
overhangs shall be no less than two feet beyond the
supporting walls. Where overhangs are less than two
feet they shall be provided with a band or cornice, a
minimum of eight inches, under the soffit at the wall.
c) Facia shall be a minimum of eight inches. (see
Illustration 5.05.08 0.8 below);
.-. - ..
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Illustration 5.05.08 D.8
d) Tile or metal roof a's the dominant roof
material.
Page 87 of 141
"--,_......~ - "--
iv. Prohibited roof types and materials. The following types
of materials are prohibited:
a) Asphalt shingles, except laminated, 320 pound,
30 year architectural GRADE asphalt shingles or
better;
b) Mans,a..rd roofs and canopies without a
minimum vertical distance of six feet .and at an angle
not less than 25 degrees, and not greater than 70
degrees;
c) Roofs utilizing less than or equal to a two to 12
pitch unless utilizing full parapet coverage; and
d) Back-lit awnings used as a mansard or canopy
roof. I
j. Entrywayslcustomer entrance treatments. I
i. Purpose and intent. Entryway design elements \ and
variations are intended to give protection from the sun and
adverse weather conditions. These elements are to be
integrated into a comprehensive design style for the project.
ii. Entryways/customer entrance standards. These
standards identify appropriate entry features.
a) Single use BUILDINGS. Single occupancy use
BUILDINGS between 10,000 square feet and 19,999
square feet in area shall have clearly defined, highly
visible customer entrances which shall include the
following:
An outdoor patio area ADJACENT to the customer
entrance, a minimum of 50 square feet in area and
which incorporates two of the following:
(1 ) benches or other seating components;
(2) A provision for intermittent shaded
outdoor community space at a minimum of one
percent of the total gross floor area of the
BUILDING or commercial project. Said
community space shall be located off or
ADJACENT to the circulation path of the
Page 88 of 141
.
complex or main STRUCTURE and shall
incorporate benches or other seating
components.
Front entry shall be set back from the. drive a
minimum of 15 feet.
k. Miscellaneous STRUCTURES.
i. Outside play STRUCTURES. Outside play STRUCTURES
shall not exceed 50 percent of coverage along the affected
FACADE. No portion of any play STRUCTURE located
between the front BUILDING line and any ADJACENT
RIGHT-OF-WAY shall exceed a height of 12 feet as
measured from existing ground elevation. In all other cases,
no portion of any play STRUCTURE shall exceed a
maximum height of 16 feet as measured from existing
ground elevation. Play STRUCTURES shall be limited to
earthtone colors, with a maximum of three color variations.
5. Materials and color.
a. Purpose and intent. Exterior BUILDING colors and materials
contribute significantly to the visual impact of a BUILDING on the
community. They shall be well-designed and integrated into a
comprehensive design style for the project.
b. Exterior BUILDING materials standards.
i. Predominant exterior BUILDING materials shall include,
but are not limited to:
a) Stucco;
b) Brick;
c) Tinted, textured, other than smooth or ribbed,
concrete masonry units; or
d) Stone, excluding an ashlar or rubble
construction look.
ii. Predominant exterior BUILDING material that are
prohibited include:
a) Plastic siding, unless associated with Florida
Page 89 of 141
_.._._w ----
cracker style and utilizes trim with a minimum of six
inches for its length;
b) Corrugated or reflective metal panels;
c) Tile;
d) Smoqt,h or rib faced concrete block; and
e) Applied stone in an ashlar or rubble look.
Hi. Automotive and other special type service BUILDINGS
may utilize prefabricated metal BUILDINGS under the
following conditions.
a) Metal BUILDINGS are more than 250 feet from
any RIGHT-OF-WAY; I
b) Metal BUILDINGS are located directly behind
the main showroom/sales center so as not to be a
dominant FACADE along the STREET; 1
I
c) No more than 20 percent of the BUILDING can
be beyond the main auto sales center and showroom.
iv. Predominant exterior color(s).
a) The use of black, gray, fluorescent, primary and/or
secondary colors is prohibited as the predominant
exterior BUILDING or roof color(s). Earth-tone colors
are encouraged.
v. BUILDING trim color(s).
a) BUILDING trim and accent areas may feature any
color(s), limited to ten percent of the affected
FACADE segment, with a maximum trim height of 24
inches total for its shortest distance.
b) Neon or neon type tubing shall be permitted as
provided for in section 5.06.03 of this Code. An
approved lighting plan consistent with the provisions
of section 5.06.04 of this Code shall be provided.
6. Signage. The provisions of this section shall also apply to
Page 90 of 141
commercial BUILDINGS and projects with less than 20,000 square
feet of BUILDING area.
7. Natural and manmade bodies of water (including retention areas
exceeding 12 feet in width).
a. The shape of a manmade body of water, including wet and dry
retention areas, shall be designed to appear natur~1 by having off-
sets in the edge alignment that are a minimum. of ten feet and
spaced 50 feet apart. Natural and man made bodies of water,
including wet and dry retention areas, exceeding 20,000 square
feet in area, and which are located ADJACENT to a public RIGHT-
OF-WAY, shall be incorporate[d] into the overall design of the
project at least two of the following items (see Illustration 5.05.08
0.9 below):
ICIO
Po .e.ws 7'
4ft) ta:J
...
eoo SoOY a=
~~
"tJAAP~
t'0V\ '-t: J..o ~ J
Illustration 5.05.08 D.9
Page 91 of 141
..-.-.- --.,.--- ___e -......
i. A minimum of five-foot wide walkway with trees an
average of 50 feet on center and shaded minimum of six-foot
long benches or picnic tables every 150 linear feet.
ii. A public ACCESS pier with covered STRUCTURE
and seating.
iii. A plaza/courtYARD, 200 square feet minimum, with
shaded benches and/or picnic tables ADJACENT to the
water body.
iv. Permanent fountain STRUCTURE.
E. Exceptions and interpretations
1. Exceptions. Exceptions to the provisions of this Code may be
granted by the board of county commissioners in the form of a PUD
zoning district where it can be demonstrated that such exceptions are
necessary to allow for innovative design which, while varying from one
or more of the provisions of this division, nonetheless are deemed to
meet the overall purpose and intent set forth herein. In the case of
individual commercial BUILDINGS or projects, where site specific
factors may impact the ability to meet these standards, variance from
one or more of the provisions of this division may be requested
pursuant to the procedures set forth in section 9.04.00 of this Code.
2. Interpretations. During the course of review of an SDP or SIP, as
the case may be, should an APPLICANT and staff be unable to concur
on the application of a specific provision or provisions of this division,
the County Manager or his designee shall be authorized to make a
final determination. The County Manager or his designee shall render
his finding in writing within 15 days of receipt of a written request from
the APPLICANT. The APPLICANT may appeal the determination of
the County Manager or his designee to. the board of zoning appeals,
pursuant to the procedures set forth in section 10.02.02.
5.05.09 Communications TOWERS
B. Purpose and intent. This section applies to specified communication
TOWERS that support any antenna designed to receive or transmit
electromagnetic energy, such as, but not limited to, telephone,
television, radio, or microwave transmissions. This section sets
standards for construction and facilities siting; and is intended to
minimize, where applicable, adverse visual impacts of TOWERS and
antennas through careful design, siting, and vegetation screening; to
avoid potential damage to ADJACENT properties from TOWER failure;
Page 92 of 141
to maximize the use of specified new communication TOWERS and,
thereby, to minimize the need to construct new TOWERS; to maximize
the shared use of specified TOWER sites to minimize the need for
additional TOWER sites; to lessen impacts new ground mounted
TOWERS could have on migratory and other species of birds; to
prevent unnecessary habitat fragmentation and/or disturbance in siting
and designing new TOWERS; and to consider the concems of the
Collier Mosquito Control Di~trict as to low flying mosquito control
aircraft safety.
C. Definitions unique to communications TOWERS, section 5.05.09
1. As used herein "antenna" does not include (a) wire antennas or (b)
"receive only" dishes that have an outside diameter of less than
forty (40) inches.
2. Effective radius means a radius of six (6) miles from the respective
TOWER unless a lesser radius is approved.
3. Lesser effective radius means an approved radius of less than six
(6) miles.
4. II Unavailable to the APPLICANT' means a TOWER that cannot
accommodate the APPLICANT'S proposed antenna or a site that
cannot accommodate the APPLlCANT'S TOWER, antenna, and
related facilities.
5. II Unavailable" means that no additional TOWER or site capacity is
available to anyone.
C. Migratory Birds and other Wildlife Considerations.
1. Ground Mounted TOWERS. Except to the extent not feasible for
the respective new ground mounted TOWER's intended
purpose(s), each new ground mounted TOWER that will exceed a
height of seventy-five (75) feet (above ground), exclusive of
antennas, but will not exceed a height of one hundred and ninety-
nine (199) feet above natural GRADE, exclusive of antennas,
should not be guyed. If the APPLICANT proposes that a new
ground mounted TOWER within this height range be guyed, the
APPLICANT shall have the burden of proving the necessity of
guying the TOWER.
2. Bird Diverter Devices. Each new ground mounted guyed TOWER
installed after the effective date of this Ordinance, greater then
seventy-five (75) feet in height above natural GRADE, exclusive of
antennas, shall have installed and maintained bird diverter devices
on each guy wire (to reduce injuries to flying birds).
3. Habitat Loss. In addition to the requirements in Chapters 4 and 10,
TOWERS and other on-site facilities shall be designed, sited, and
Page 93 of 141
--., ._.....
constructed to minimize habitat loss within the TOWER footprint. At
such sites, road ACCESS and fencing, to the extent feasible, shall
be utilized to minimize on-site and ADJACENT habitat
fragmentation and/or disturbances.
4. Security Lighting. When feasible, security lighting to protect on-
ground facilities/equipment shall be down-shielded to try to keep
such light within the outermost geographic boundaries of the
TOWER'S footprint.
D. Shared use of TOWERS. A TOWER with a height in excess of 185
feet above natural GRADE shall not be approved, unless the
APPLICANT demonstrates that no old or approved TOWER within the
effective radius can accommodate the APPLICANT'S proposed
antenna and ancillary equipment. TOWERS owned by or leased to any
government are exempt from these shared use provisions, except as
to sharing with other govemments.
1. For the purpose of discovering availability for use of TOWERS
within the effective radius, the APPLICANT shall contact the owner
of all old and approved TOWERS, within the effective radius, that
can possibly accommodate the needs of the APPLICANT. The
county manager or designee may preapprove the minimum
allowable height to determine which TOWERS may be available for
use by the APPLICANT. A list of all owners contacted, the date of
each contact, the form and content of each contact, and all
responses shall be a part of the CONDITIONAL USE application.
As an accommodation to APPLICANTS, the county manager or
designee shall retain all shared use plans, records of past
responses, and a list of old and approved TOWERS. If the owner of
an old TOWER does not respond to the APPLICANT'S inquiry
within a reasonable time, generally thirty (30) days or less, or the
owner of an old TOWER will not rent space to the APPLICANT at a
reasonable rental for a reasonable time period, such old TOWER
shall be deemed unavailable to that APPLICANT. If the old
TOWER is a NONCONFORMING STRUCTURE, additional
antennas may be installed thereon in accordance with an approved
shared use plan, provided however, no structural ALTERATIONS
may be made to the TOWER, and the height of the TOWER
inclusive of its antennas may not be increased.
2. Lesser effective radius. If the APPLICANT asserts that the effective
radius for the intended use is less than six (6) miles, the
APPLICANT shall provide evidence that. the asserted lesser
effective radius is based on physical and/or electrical
characteristics. Based on the evidence submitted by the
APPLICANT, the County Manager or designee may establish a
Page 94 of 141
lesser effective radius. If a radius can be increased by signal
amplification or other means, such means must be considered in
determining the lesser effective radius. The antenna manufacturers
specifications shall be conclusive, unless the APPLICANT can
prove they are incorrect in the specific case.
3. If an approved TOWER within the APPLICANT'S approved
effective radius may have capacity available for the antenna
proposed by the APPLICANT, the application for a new TOWER
shall not be complete without the following information regarding
each such possibly available approved TOWER. Such information
shall also be provided for old TOWERS to the extent it can be
obtained.
a. Identification of the site of each possibly available TOWER by
coordinates, STREET address or legal description, existing
uses, and TOWER height.
b. Whether shared use by the APPLICANT of the TOWER is
prohibited (or is not feasible) for any reason.
c. If it has been determined that the TOWER owner will allow
structural changes, whether the TOWER can accommodat~ the
proposed antenna if reasonable structural changes are made.
If so, the APPLICANT shall specify what structural changes
would be required and an approximation of the costs of such
changes. If the costs of the required changes are financially
impracticable, such TOWER shall be deemed unavailable to
the APPLICANT.
4. The APPLICANT shall contact the owner of each possibly available
approved TOWER to request the needed information. To enable
the TOWER owner to respond, the APPLICANT shall provide the
following information regarding the APPLICANT'S proposed
antenna and equipment:
a. All output frequencies of transmitter.
b. Type of modulation, polarization of radiation, and proposed use
of antenna.
c. Manufacturer, type, manufacturers model number, a diagram of
the antenna's radiation pattem, and the manufacturers
specifications.
d. Power input to antenna and gain of antenna in decibels with
respect to an isotopic radiator.
e. Range in feet of maximum and minimum height of antenna
above base of TOWER.
f. A list of necessary ancillary equipment and description of the
type of transmission cable to be used.
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--.- _..~-
g. Any other pertinent information needed to enable the owner to
respond in full to the inquiry.
E. Shared use of TOWER sites. A TOWER with a height in excess of 185
feet above natural GRADE shall not be approved on a new TOWER
site unless the APPLICANT demonstrates that the proposed TOWER,
antennas, and ACCESSORY STRUCTURES OR USES cannot be
located on any conforming old site or approved site situated within the
effective radius. Sites owned by any government or leased to any
government are exempt from these shared use provisions except to
other govemments.
1. Except as to each old site or approved site determined by the
County Manager or designee, or in a shared use plan to be
unavailable to the APPLICANT, the APPLICANT shall contact the
OWNER of all other conforming old sites and approved TOWER
sites, within the effective radius, containing sufficient land area to
possibly accommodate the needs of the APPLICANT.
2. For each such possibly available TOWER site, the application for a
new TOWER site shall not be complete without the following
information:
a. Identification of the proposed new TOWER site by coordinates,
STREET address or legal description, area, existing uses,
topography, and significant natural features.
b. Evidence that no old and no approved TOWER site within the
effective radius can accommodate the APPLICANT'S needs.
c. If the owner of an old TOWER site does not respond to the
APPLICANT'S simple letter of interest inquiry within thirty (30)
days, or the OWNER of an old TOWER site will not rent land to
accommodate the APPLICANT'S needs for a reasonable period
of time at reasonable rentals, such old TOWER site shall be
deemed unavailable to the APPLICANT.
d. The APPLICANT is not required to supply this information to
owners of conforming old sites unless the old site appears to be
available to the APPLICANT by a shared use plan or the site1s
OWNER has responded positively to the APPLICANT'S initial
letter of inquiry. To enable the site owner to respond, the
APPLICANT shall provide the site owner (and the owner of any
TOWER on the site) with the dimensional characteristics and
other relevant data about the TOWER, and a report from a
professional engineer licensed in the State of Florida, or other
qualified expert, documenting the following: .
e. TOWER height and design, including technical, engineering,
and other pertinent factors governing the intended uses and
Page 96 of 141
selection of the proposed design. An elevation and a cross
section of the TOWER STRUCTURE shall be included.
f. Total anticipated capacity of the TOWER, including number and
types of antennas and needed transmission lines, ACCESSORY
USE needs including specification of all required ancillary
equipment, and required BUILDING and parking space to
accommodate same.
g. Evidence of structural integrity of the proposed TOWER as
required by the BUILDING official and, for metal TOWERS, a
statement promising full compliance with the then latest edition of
the standards published by the Electronic Industries Association
(currently EIAfTIA 222-E), or its successor functional equivalent,
as may be amended for local application.
3. If the site owner, or owner of a TOWER on the respective site,
asserts that the site cannot accommodate the APPLICANT'S
needs, the respective OWNER shall specify in meaningful detail
reasons why the site cannot accommodate the APPLICANT. To
the extent information is current and correct in the respective
TOWER site's approved shared use plan, the site owner or
TOWER owner can refer the APPLICANT to the respective shared
use plan. If the shared use plan is not then up-to-date, the plan
shall be brought up-to-date immediately by the owner and the
written reply to the APPLICANT shall specify to what extent the
shared use plan is incorrect, incomplete, or otherwise not up-to-
date.
4. No provision in a shared use plan, land lease, mortgage, option to
purchase, lease-option, contract for deed, or other controlling
document shall provide, or have the effect, that the site is exclusive
to one (1) TOWER. unless there is good reason for such restriction,
other than the prevention of competition or a desire or inclination
not to cooperate in good faith. If the site size is physically and
electrically compatible with the installation on-site of any other
TOWER, no such document shall prevent other TOWERS, except
for reasons approved by the County Manager or designee. An
unapproved document provision of TOWER exclusivity shall be
grounds to disapprove an application for TOWER site approval.
F. Required sharing. Each new TOWER in excess of 185 feet in height
(shared use TOWER), except TOWERS that are approved to be
perpetually unavailable, shall be designed to structurally accommodate
the maximum amount of additional antenna capacity reasonably
practicable. Although it is not required that a new TOWER be
constructed at additional expense to accommodate antennas owned
by others, no new TOWER shall be designed to accommodate only the
TOWER owner's proposed antennas when, without additional
Page 97 of 141
,.e_,_,".,___,_' ,.--'".......
expense, antenna space for other owners can be made available on
the TOWER.
1. Shared use plans. Each shared use plan shall be in a standard
format that has been approved by the County Manager or
designee. Each shared use plan shall specify in detail to what
extent there exists TOWER and/or site capacity to accommodate
additional antennas and/or additional TOWERS, ancillary
equipment, and ACCESSORY USES. Available antenna capacity
on a TOWER shall be. stated in detailed clearly.. understandable
terms, and may be stated in equivalent flat plate area and total
additional available transmission line capacity. The TOWER owner
(as to TOWER shared use plans) and the landowner (as to site
shared use plans) shall update its respective approved shared use
plans by promptly filing pertinent update information with the
County Manager or designee. OWNERS of old TOWERS and/or
old sites may file shared use plans in accord with this section.
2. Reservation of capacity. If an APPLICANT for a shared use
TOWER does not plan to install all of its proposed antennas during
initial construction of the TOWER, the APPLICANT must specify
the planned schedule of installing such later added antennas as
part of the shared use plan. An APPLICANT cannot indefinitely
prevent the use of unused available antenna space on a TOWER
by reserving to itself such space. No available space can be
reserved for the owner or anyone else, unless approved in the
shared use plan. If an antenna is not installed by the scheduled
deadline, the reserved space shall automatically be rendered
available for use by others, unless the shared use plan has, by the
deadline, been amended with the approval of the County Manager
or designee. Deadlines may be extended even if the TOWER is a
NONCONFORMING STRUCTURE. If space has been reserved in
a shared use plan for future additional antenna use by the TOWER
owner and it becomes clear that such space will not be utilized by
the owner, the shared use plan shall be amended promptly to
reflect the availability of such space.
3. Reservation of site capacity. The policy stated above applies also to
additional TOWER space on an approved TOWER site to prevent
indefinite reservation of available site space.
4. Height bonus for sharing. Notwithstanding anything to the contrary
in any County ordinance, any existing conforming or
NONCONFORMING TOWER may be permitted a one-time
increase in height, provided:
a. Any such increase in height does not exceed thirty (30) feet or
twenty (20) percent of the height of the existing TOWER,
whichever is less;
Page 98 of 141
b. The cost of such increase in height does not exceed fifty (50)
percent of the actual replacement cost of the TOWER at the time
of the application;
c. A shared use plan covering the TOWER with the increased
height is first approved by the County Manager or designee;
d. The increase in height does not cause the proposed TOWER to
exceed any required maximum height requirementfor TOWERS or
make a legally conforming TOWER become NONCONFORMING;
e. Substantiated proof that such proposed antenna(s) may not be
placed on the existing TOWER by relocating or adjusting existing
antennas and equipment shall be submitted by an appropriate
professional engineer certified to practice in the State of Florida;
and
f. A site DEVELOPMENT PLAN shall be submitted for review and
approval if an increase in TOWER height requires placement of, or
addition to, an antenna equipment BUILDING or support
BUILDING.
5. Filing shared use plans. Each approved shared use plan shall be
filed and recorded in the Office of the Collier County Clerk of Court
prior to any site DEVELOPMENT PLAN approval. A copy of the
initial shared use plan shall be filed with, and approved by, the
County Manager or designee prior to CONDITIONAL USE
approval.
6. Shared use plans for old TOWERS and old TOWER sites. Initial
shared use plans and amendments for old TOWERS require
approval of the County Manager or designee. Initial shared use
plans and amendments for old TOWER sites require approval of
the BCC, except where an amendment reduces site and/or
antenna capacity.
7. Transmitting and receiving equipment serving similar kinds of uses
shall, to the extent reasonable and commercially practicable, be
placed on a shared use TOWER in such a manner that any of the
users in a group can operate approximately equal to other users in
the group utilizing substantially similar equipment.
8. Once a shared use plan for a TOWER is approved, additional
antennas may be added to that TOWER in accordance with the
approved shared use plan without additional CONDITIONAL USE
approval even if the TOWER is then a NONCONFORMING
STRUCTURE. The shared use plan shall be immediately updated
to reflect each such change. Likewise, once a new shared use plan
for a TOWER site is approved, additional TOWERS and
ACCESSORY BUILDINGS and uses may be added to that site in
accordance with the plan without additional CONDITIONAL USE
Page 99 of 141
approval, even if the site is then NONCONFORMING. The shared
use plan shall be immediately updated to reflect each change.
9. For each TOWER with a height in excess of 185 feet that is
approved, the TOWER OWNER shall be required, as a condition of
approval, to file an approved shared use plan, except when a
govemment TOWER is approved to be perpetually unavailable. To
the extent that there is capacity for other antennas on the TOWER,
the plan shall commit the TOWER OWNER and all successor
owners to allow shared use of the TOWER in accbrdance with the
shared use plan for antennas of others at reasonable rates. The
initial proposed rates (or a range of reasonable rates) shall be
specified in the shared use plan, and shall be amended each time
the rates are changed. When antenna space on a TOWER is
rented to others, each rental agreement shall be filed with the
shared use plan. Any agreement that purports to reserve antenna
space for future use must be approved by the County Manager or
designee.
10. For each new shared use TOWER site that is approved, the
OWNER shall be required, as a condition of approval, to file an
approved shared use plan, except as to a govemment site th,at is
approved to be perpetually unavailable. If there is land available on
the site to accommodate additional TOWERS and ACCESSORY
facilities, the plan shall commit the landowner and successor
owners to accommodate such additional facilities on the site at
reasonable rents (or a range of reasonable rents) which shall be
specified in the shared use plan. When land is rented for facilities
on the site, the rental agreement shall be filed with the shared use
plan. Any agreement that purports to reserve land for future use of
a TOWER and other facility space must be approved by the County
Manager or designee.
11. Each new TOWER owner or site owner, as the case may be, shall
agree, as a condition of approval, to respond, in writing, in a
comprehensive manner within thirty (30 days) to each request for
information from a potential shared use APPLICANT. Govemment
owners need to reply only to requests from another government. To
the extent that correct and up-to-date information is contained in an
approved shared use plan, the owner may refer the APPLICANT to
the shared use plan for the information. If the shared use plan is
incorrect, incomplete, or otherwise not up-to-date, the respective
owner shall, in the response, specify, in detail, such information,
and shall immediately bring the shared use plan up-to-date.
12. The TOWER owner or site owner, as the case may be, shall, as a
condition of approval, negotiate in good faith for shared use of
TOWER space and/or site space by APPLICANTS in accordance
with its shared use plan.
Page 100 of 141
13. All conditions of approval regarding a TOWER shall run with the
ownership of the TOWER and be binding on all subsequent owners
of the TOWER. All conditions of approval regarding an approved
TOWER site shall run with the land and be binding on all
subsequent owners of the TOWER site.
G. DEVELOPMENT standards for communication TOWERS.
1. Except to the extent th(l,t amateur radio TOWERS, and ground-
mounted antennas with a height not to exceed twenty (20) feet, are
exempted by subsection 5.05.09 herein, no new.TOWER of any
height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR,
MH, TTRVC, and E zoning districts. However, notwithstanding
other provisions of this section, including the separation
requirements of subsection5.05.09(F)(7) below, TOWERS may be
allowed to any height as a CONDITIONAL USE in the E zoning
district only on sites approved for a specified ESSENTIAL
SERVICE listed in subsection 5.05.09((F)(3) below. There shall be
no exception to this subsection except for CONDITIONAL USE
applications by a government for a governmental use.
2. Permitted ground-mounted TOWERS. TOWERS not exceeding the
stated maximum heights are a permitted use, subject to other
applicable provisions of this section, including separate
requirements and shared use provisions. TOWERS that exceed
those specified maximum heights require a variance in accordance
with section 9.04.00.
a. All commercial and industrial zoning districts and urban
designated area agricultural zoning districts: Any TOWER up to
seventy-five (75) feet in height is a permitted use, provided the
base of such TOWER is separated a minimum distance of
seventy-five (75) feet from the nearest boundary with any
PARCEL of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-
12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6)
residential DWELLING UNITS or less. Any TOWER that exceeds
seventy-five (75) feet in height, up to a height of 185 feet, is a
lawful use, only if permitted or otherwise provided in the
respective zoning district, and the base of such TOWER is
separated from the nearest boundary of any PARCEL of land
zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT,
VR, MH, TTRVC, or PUD zoning of six (6) residential DWELLING
UNITS or less, by a minimum distance in feet determined by
multiplying the height of the TOWER (in feet) by a factor of two
and one-half (2.5). (The minimum separation distance is two and
one-half (2 Y2) times the height of the TOWER.) TOWERS which
do not meet the separation requirement may apply for a variance
in accordance with section 9.04.00.
Page 101 of 141
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b. Agricultural zoning districts within the rural designated area:
TOWERS shall not exceed 250 feet in height.
c. All agricultural zoning districts: No TOWER that exceeds 250
feet in height exclusive, of any antenna affixed thereto, shall be
allowed on any site comprising less than ten (10) acres under
common ownership or control, except such TOWERS can be
approved as a CONDITIONAL USE on sites of less than ten (10)
acres if the APPLICANT cannot, with economic feasibility,
acquire title to, or control of, a suitable TOWER site of at least ten
(10) acres in the required geographic vicinity of the proposed
TOWER site.
3. ESSENTIAL SERVICES--Specified CONDITIONAL USES. Except
in the RSF-1 through RSF-6, and RMF-6 zoning districts, TOWERS
may be allowed to any height as a CONDITIONAL USE on sites
approved for a CONDITIONAL USE ESSENTIAL SERVICE for any
of the following CONDITIONAL USES: safety service fadilities
including, but not necessarily limited to, FIRE STATIONS, sheriff's
substation or facility, emergency medical services facility, and all
other similar uses where a communications TOWER could be
considered an ACCESSORY or logically associated use with the
safety service CONDITIONAL USE on the site. In addition,
communications TOWERS can be approved as a CONDITIONAL
USE for a stand-alone ESSENTIAL SERVICE facility, provided the
TOWER is to be owned by, or to be leased to, a governmental
entity, and the primary uses of the TOWER are for governmental
purposes.
4. New TOWERS shall be installed only on rooftops in the RMF-12,
RMF-16, and RT zoning districts, except amateur radio TOWERS
with a height not to exceed seventy-five (75) feet above the natural
GRADE, and ground-mounted antennas with a height not to
exceed twenty (20) feet above the natural GRADE, are permitted
within these zoning districts.
5. Ground-mounted MONOPOLE COMMUNICATION TOWERS up to
150 feet in height above the natural GRADE, including antennas
affixed thereto, may be allowed as a CONDITIONAL USE within
these zoning districts. The height of each MONOPOLE
COMMUNICATION TOWER shall be limited to the height
necessary for its use at its location.
6. Rooftop TOWERS, ANTENNA STRUCTURES, and antennas.
a. Rooftop TOWERS, ANTENNA STRUCTURES, and antennas
are allowed in all zoning districts except the RSF-1 through RSF-
6, RMF-6, and E zoning districts.
Page 102 of 141
b. Rooftop TOWERS, ANTENNA STRUCTURES, and antennas
are, as specified, subject to the following:
i. Permitted uses. Rooftop ANTENNA STRUCTURES and
antennas are a permitted use up to a height of twenty (20)
feet above the maximum roofline, provided the height of the
maximum roofline is twenty (20) feet or more above the
average natural GRADE. If the maximum roofline is less
than twenty (20) feet above the average natural GRADE, an
ANTENNA STRUCTURE and/or antenna is a permitted use
up to a height that equals the distance from the average
natural GRADE to the maximum roofline. For example, if the
distance from the average natural GRADE to the maximum
point of the roofline is fifteen (15) feet, an ANTENNA
STRUCTURE and/or antenna is a permitted use up to a
height of fifteen (15) feet above the maximum roofline. Any
ANTENNA STRUCTURE, TOWER, or antenna that exceeds
its permitted use height, as provided herein, shall require
CONDITIONAL USE approval, and the maximum allowable
height of the STRUCTURE, TOWER, and all antennas shall
be determined in each specific case. Distance from RSF-1
through RSF-6, and RMF-6 zoning districts shall be a major
consideration in determining the allowable height of rooftop
facilities.
ii. TOWERS and ANTENNA STRUCTURES shall be set back
from the closest outer edge of the roof a distance of not less
than ten (10) percent of the rooftop length and width, but not
less than five (5) feet, if the antenna can function at the
resulting location.
iii. ANTENNA STRUCTURES and dish type antennas shall be
painted to make them unobtrusive.
iv. Except for antennas that cannot be seen from STREET
level, such as panel antennas on parapet walls, antennas
shall not extend out beyond the vertical plane of any exterior
wall.
v. Where technically feasible, dish type antennas shall be
constructed of open mesh design.
vi. Where feasible, the design elements of the BUILDING (Le.,
parapet wall, screen enclosures, other mechanical
equipment) shall be used to screen the communications
TOWER, STRUCTURE, and antennas.
vii. The BUILDING and roof shall be capable of supporting the
roof-mounted antenna, STRUCTURE, and TOWER.
viii. No rooftop shall be considered a TOWER site. This section
does not require any sharing of any rooftop, rooftop
TOWER, or ANTENNA STRUCTURE.
7. With the exception of rooftop TOWERS and TOWERS on
Page 103 of 141
-~,~ _.-._.~...-
ESSENTIAL SERVICES sites, each new communication TOWER
shall meet the following separation requirements:
a. Each new TOWER that exceeds 185 feet in height .shall be
located not less than two and one-half (2.5) times the height of
the TOWER from all RSF-1 through RSF-6, and RMF-6 zoning
districts, including PUDs where the ADJACENT use(s) is/are, or
comparable to, the RSF-1 through RSF-6 and. RMF-6 zoning
districts. If a part of a PUD is not developed, and it is inconclusive
whether the part of a PUD area within such minimum separation
distance from the proposed TOWER site may be developed with
a DENSITY of six (6) units per acre or less, it shall be presumed
that the PUD area nearest to the proposed site will be developed
at the lowest DENSITY possible under the respective PUD.
b. In addition, each such new TOWER that exceeds a height of
seventy-five (75) feet, excluding antennas, shall be separated
from all boundaries of surrounding property zoned RMF-12, RMF-
16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs
with existing or planned DENSITIES greater than six (6) units per
acre by not less than the total height of the TOWER including its
antennas; and from all other surrounding property boundaries by
a distance not less than one-half (1/2) the height of the TOWER
and its antennas, or the TOWER'S certified collapse area,
whichever distance is greater.
8. All owners of approved TOWERS are jointly and severally liable and
responsible for any damage caused to off-site property as a result
of a collapse of any TOWER owned by them.
9. Placement of more than one (1) TOWER on a land site is preferred
and encouraged, and may be permitted, provided, however, that all
SETBACKS, design, and landscape requirements are met as to
each TOWER. STRUCTURES may be located as close to each
other as technically feasible, provided TOWER failure
characteristics of the TOWERS on the site will not likely result in
multiple TOWER failures in the event that one (1) TOWER fails, or
will not otherwise present an unacceptable risk to any other
TOWER on the site. It shall be the policy of the County to make
suitable County-owned land available for TOWERS and ancillary
facilities at reasonable rents.
10. Any ACCESSORY BUILDINGS or STRUCTURES shall meet the
minimum YARD requirements for the respective zoning district.
ACCESSORY USES shall not include offices, long-term vehicle
storage, outdoor storage, broadcast studios except for temporary
emergency purposes, or other STRUCTURES and/or uses that are
not needed to send or receive transmissions, and in no event shall
Page 104 of 141
such uses exceed twenty-five (25) percent of the FLOOR AREA
used for transmission or reception equipment and functions.
Transmission equipment shall be automated, to the greatest extent
economically feasible, to reduce traffic and congestion. Where the
site ABUTS, or has ACCESS to, a COLLECTOR STREET,
ACCESS for motor vehicles shall be limited to the COLLECTOR
STREET. All equipment shall comply with the then applicable noise
standards.
11. For new commercial TOWERS exceeding 185 feet in height, a
minimum of two (2) parking spaces shall be provided on each site.
An additional parking space for each two (2) employees shall be
provided at facilities which require on-site personnel. Facilities
which do not require on-site personnel may utilize impervious
parking.
12. All new TOWER bases, guy anchors, outdoor equipment,
ACCESSORY BUILDINGS, and ACCESSORY STRUCTURES
shall be fenced. This provision does not apply to amateur radio
TOWERS, or to ground-mounted antennas that do not exceed
twenty (20) feet above GRADE.
13. TOWER lighting. TOWERS and antennas with a height greater
than 150 feet shall be required to have red beacon or dual mode
lights, unless exempted, in writing, by the Collier County Mosquito
Control District. Such lights shall meet the then existing Federal
Aviation Administration ("FAA") technical standards. No other
TOWERS or antennas shall be artificially lighted, except as
required by the FAA, the Federal Communications Commission, or
other applicable laws, ordinances, or regulations. If the FAA rules
require lighting, then the APPLICANT shall comply with such rules.
New TOWERS Exceeding 199 Feet. Each new TOWER that will
have a height in excess of one hundred and ninety-nine (199) feet
above ground, exclusive of antennas, and such TOWER shall be
lighted no more than is otherwise required by state and/or federal
law, rule, or regulation. Unless otherwise then required by law,
rule or regulation, only white strobe lights shall be used at night,
unless otherwise required by the FAA, in which case red strobe-
type lights shall be used. Such lights shall not exceed the
minimum number, minimum intensity, and minimum light flashes
per interval of time (requiring the longest allowable duration
between light flashes) required by state or federal law, rule, or
regulation. Solid red (or pulsating red) warning lights shall not be
used at night.
14. Effective January 1, 1992, all guyed TOWERS, including old
TOWERS, exceeding 185 feet in height shall be inspected every
two (2) years. Such self-supporting TOWERS shall be inspected
Page 105 of 141
"_'.'.__'_ ~..._._ 'W.'~...~
every four (4) years. Each inspection shall be by a qualified
professional engineer or other qualified professional inspector, and
any inspector-recommended repairs and/or maintenance should be
completed without unnecessary delay. At a minimum, each
inspection shall include the following:
a. TOWER STRUCTURE: Including bolts, loose or damaged
members, and SIGNS of unusual stress or vibration.
b. Guy wires and fittings: Check for age, strength, rust, wear,
general condition, and any other SIGNS of possible failure.
c. Guy anchors and foundations: Assess for cracks in concrete,
SIGNS of corrosion, erosion, movement, secure hardware, and
general site condition.
d. Condition of antennas, transmission lines, lighting, painting,
insulators, fencing, grounding, and elevator, if any.
e. For guyed TOWERS: TOWER vertical alignment and guy wire
tension (both required tension and present tension).
15. A copy of each inspection report shall be filed with the County
Manager not later than December 1 of the respective inspection
year. If the report recommends that repairs or maintenance are
required, a letter shall be submitted to the County Manager to verify
that such repairs and/or maintenance have been completed. The
County shall have no responsibility under this section regarding
such repairs and/or maintenance.
16. Any TOWER that is voluntarily not used for communications for a
period of one (1) year shall be removed at the TOWER owner's
expense. If a TOWER is not removed within three (3) months after
one (1) year of such voluntary non-use, the County may obtain
authorization, from a court of competent jurisdiction, to remove the
TOWER and ACCESSORY items, and, after removal, shall place a
lien on the subject property for all direct and indirect costs incurred
in dismantling and disposal of the TOWER and ACCESSORY
items, plus court costs and attorney's fees.
17. For all ground-mounted guyed TOWERS in excess of seventy-five
(75) feet in height, the site shall be of a size and shape sufficient to
provide the minimum YARD requirements of that zoning district
between each guy anchor and all property lines.
18. All new metal TOWERS, including rooftop TOWERS, except
amateur radio TOWERS, shall comply with the standards of the
then latest edition published by the Electric' Industries Association
(currently EIA/TIA 222-E) or the publication's successor functional
equivalent, unless amended for local application by resolution of
the BCC. Each new amateur radio TOWER with a height of
seventy-five (75) feet or less shall require a BUILDING permit
Page 106 of 141
specifying the exact location and the height of the TOWER
exclusive of antennas. Each new ground-mounted dish type
antenna that does not exceed a height of twenty (20) feet shall
require a BUILDING permit.
19. Within the proposed TOWER1S EFFECTIVE RADIUS, information
that specifies the TOWER1S physical location, in respect to public
parks, designated HISTORIC BUILDINGS or districts, areas of
critical concern, and CONSERVATION areas, shall be submitted as
part of the CONDITIONAL USE application. This shall also apply to
site plan applications and/or permit applications for rooftop
installations that do not require CONDITIONAL USE approval.
20. No communication TOWER shall be located on any land or water
if such location thereon creates, or has the potential to create, harm
to the site as a source of biological productivity, as indispensable
components of various hydrologic regimes, or as irreplaceable and
critical habitat for native species of flora or fauna. I
21. Any existing NATIVE VEGETATION on the site shall be preserved
and used to meet the minimum landscape requirements as required
by section 4.06.00. The site plan shall show existing significant
I
vegetation to be removed and vegetation to be replanted to replace
that lost. NATIVE VEGETATION may constitute part or all of the
required BUFFER area if its opacity exceeds eighty (80) percent.
22. As to communications TOWERS and antennas, including rooftop
TOWERS, ANTENNA STRUCTURES, and antennas, the height
provisions of this section supersede all other height limitations
specified in this Code.
H. Alligator ALLEY communication TOWERS.
1. Notwithstanding other provisions of section 5.05.09, and irrespective
of the zoning classification(s) of the underlying fee at each
respective TOWER site, two (2) new communication TOWERS
shall be permitted at locations and heights herein specified within
the 1-75 RIGHT-OF-WAY east of the toll booth (Alligator ALLEY).
Two (2) of the four (4) TOWERS shall be constructed to replace
two (2) existing Florida Department of Transportation TOWERS.
The four (4) new telecommunication TOWER sites shall be located
approximately at:
a. Mile marker 52.2. The height of the TOWER shall not exceed
250 feet, including antennas;
b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed
250 feet, including antennas;
c. The site of an existing FOOT TOWER located on State Road 29.
The height shall not exceed 310 feet, including antennas;
Page 107 of 141
~_n.._ ~--, .
d. The site of an existing FDOT TOWER located at mile marker
63.2 at the 1-75 Rest Area. It will replace an existing TOWER
located on the north side of 1-75 at mile marker 63.3. The height
shall not exceed 280 feet, including antennas.
e. Each TOWER shall be constructed with a capacity to provide for
a minimum of four (4) to eight (8) co-users, including Florida
Department of Transportation ("FDOT'), the U.S. Fish and Wildlife
Service ("FWS"), the National Park Service. ("NPS"), the
Department of Forestry ("DOF"), and County agencies, where
practical.
2. Each TOWER shall be constructed in accordance with the
standards and requirements of section 5.05.09 and other applicable
sections of this Code, except as expressly provided otherwise in
this section.
3. Minimum YARD requirements. There shall be no minimum YARD
requirement for these TOWERS at these locations because each
TOWER and all ancillary facilities must be contained within the 1-75
RIGHT -OF-W A Y, and each proposed TOWER must maintain a
separation distance from all ADJACENT residential property lines
equal to one-half (1/2) of the TOWER'S height or equal to a Florida
professional engineers certified collapse area (fall zone), whichever
is greater, or a clear zone is maintained on adjoining property by a
use EASEMENT applicable to such adjoining property OWNER. No
habitable residential or non-residential STRUCTURE, including
offices, shall be allowed within any certified collapse area (fall zone)
for any of these TOWERS.
4. ACCESS. Physical ACCESS to each TOWER site shall be as
approved by FOOT.
5. Parking. Sufficient unpaved area shall be provided on, or
ADJACENT to, each TOWER site to accommodate temporary
parking for one (1) vehicle for servicing or maintaining the
communication TOWER.
6. LANDSCAPE BUFFER. A LANDSCAPE BUFFER no less than ten
(10) feet wide with trees planted twenty-five (25) feet on center
shall be developed and maintained around the perimeter of each
TOWER site and other related equipment, STRUCTURES, and
BUILDINGS. This BUFFER shall encompass all STRUCTURES
including the TOWER base. At least one (1) row of NATIVE
VEGETATION shall be planted within the BUFFER to form a
continuous hedge of at least three (3) feet in height at planting. The
BUFFER must be maintained in good condition. This LANDSCAPE
BUFFER may be waived by the County Manager or designee
where the BUFFER is not practical due to public safety concerns.
Page 108 of 141
7. A site DEVELOPMENT PLAN and construction plans shall be
submitted to the County Manager or designee for review and
approval prior to any construction of any such TOWER. No
changes, additions, or ALTERATIONS may be made to any
approved site DEVELOPMENT PLAN or construction plans for any
such TOWER without County approval.
8. TOWER lighting. In addition to the requirements for TOWER lights
specified in section 5.05.09 of this Code, TOWERS located in the
Big Cypress Preserve and the Florida Panther National Wildlife
Preserve shall be lighted in accordance with the USFWS guidance
system requirements for TOWER lighting.
9. Notwithstanding any other provision in this Code, and
notwithstanding the underlying zoning of the respective TOWER
site, subject to the following, the communication TOWERS and
ACCESSORY facilities ("facilities") listed above, and all such future
facilities, are lawful uses, if located within the confines of the 1-75
RIGHT-OF-WAY east of the Alligator ALLEY toll booth to the
eastern boundary of Collier County.
10. The TOWER and related facilities shall be subject to
CONDITIONAL USE approval whenever the TOWER is to exceed
a height of twenty (20) feet. TOWERS that are to be twenty (20)
feet or less in height require only BUILDING permit approval from
the County.
a. As all such facilities must be located within the 1-75 RIGHT-OF-
WAY, the facilities must be subject to approval from the owner
of that RIGHT-OF-WAY, including such conditions as may be
required by that owner. The owner of said RIGHT -OF-W A Y is
the State of Florida, by and through the Florida Department of
Transportation.
b. The facilities must be owned by, or leased to, a governmental
entity. The primary uses of the facilities shall be governmental
uses. Private uses of the facilities, if any, shall always be
incidental and subordinate to the governmental uses.
c. Notwithstanding any other provision in section 5.05.09, the
facilities shall be subject to the TOWER sharing requirements of
section 5.05.09 if the TOWER is to exceed a height of 120 feet,
unless the TOWER is a MONOPOLE. If the TOWER is to be
used only for governmental uses, the TOWER need be shared
only with other governmental entities. If the TOWER is to be
occupied by an antenna under control of a non-governmental
occupant of the TOWER and is to be used for any non-
governmental use(s), the TOWER sharing requirements that
apply to non-government occupants shall be adhered to as a
prerequisite to occupancy of the TOWER.
Page 109 of 141
. -- --. ..~"-
/. WIRELESS EMERGENCY TELEPHONE SERVICE. Notwithstanding
any other provisions of this section 5.05.09, the following provisions
shall apply to communications TOWERS that provide wireless
emergency telephone service.
1. These facilities are ESSENTIAL SERVICES.
2. Each APPLICANT for th~se permits is required to clearly inform
County staff by means of an emboldened "notice" in a cover letter
or on the first page of. the permit application, substantially as
follows: This Application is subject to the expedited timelines
specified in Chapter 365. 172, Florida Statutes.
3. APPLICANTS for these permits need not provide staff with
evidence that a proposed wireless communications facility
complies with federal regulations, but staff may require from
such APPLICANT proof of proper FCC licensure, and staff may
request the FCC to provide information as to the provider's
compliance with federal regulations to the extent then
authorized by federal law. The County has no permitting
jurisdiction with regard to wireless communications facilities
located (or to be located) on property owned by the State of
Florida, including State-owned RIGHTS-OF-WAY.
4. CO-LOCATED FACILITIES. Provided the then existing zoning
applicable to the proposed site allows E911 facilities without a
need to rezone, a need to obtain CONDITIONAL USE approval,
or any other required process (such as, for example, having an
agreement amended), the County shall grant or deny a properly
completed application requesting co-location of E911 Service,
or co-location for wireless telephone service, not later then forty-
five (45) business days after the date that a properly completed
application is initially submitted to staff in accordance with all
applicable permit application requirements in this section
5.05.09. Co-location of such facilities on a then existing above-
ground TOWER or other above-ground STRUCTURE shall not
be subject to the land DEVELOPMENT regulations pursuant to
Section 163.3202, Florida Statutes, provided the height of the
then existing TOWER or STRUCTURE is not thereby increased.
Co-location of such antenna, or co-location of related
equipment, shall be subject to applicable BUILDING
regulations, and with all then existing permits or agreements
applicable to that TOWER or to the underlying property.
Nothing herein, including the forty-five (45) business days
timeline, shall relieve the permit holder for, or owner of, the then
existing TOWER or STRUCTURE from complying with
Page 11 0 of 141
applicable permit requirements, or applicable agreement(s), or
with applicable land DEVELOPMENT regulation (including
aesthetic requirement), or compliance with any other then
applicable law(s).
5. NEW TOWERS OR ANTENNAS. Pursuant to Section 365.172,
Florida Statutes, the County shall grant or deny an application
requesting location of a new wireless telephone service TOWER, or
for location of antenna(s) for wireless telephone service, not later
then ninety (90) business days after the date that an application
that fully complies with the requirements of this section 5.05.09 is
submitted, provided the then existing zoning applicable to the
proposed site allows the E911 facilities without need to rezone, the
need to apply for CONDITIONAL USE approval, or other required
procedures. Provided further that nothing herein shall affect permit
compliance of such facilities with applicable federal regulations,
applicable zoning and/or land DEVELOPMENT regulations
(including aesthetic requirements), or with applicable BUILDING
regulations.
6. SUFFICIENCY NOTICE. Within twenty (20) business days of
receiving the permit application for any facility listed above in
paragraphs (4) and (5) above, staff shall in writing notify the permit
APPLICANT whether the application is, or is not, properly
completed. If such permit application is not properly completed,
staff shall with specificity notify the APPLICANT of any and all
deficiencies, which if cured will thereby render the application being
properly completed. Staff should also notify the APPLICANT
whether the applicable zoning classification allows the applied-for
use(s) without rezoning, without CONDITIONAL USE approval, or
without any other related ancillary approval process or permission.
7. DEFAUL T APPROVAL.
a. An application for E911 service, co-location of wireless
telephone service, or new location for wireless telephone
service or antennae shall be deemed to have been
automatically granted provided that:
i. Such service or facility is allowed in the applicable zoning
district without a rezone, without the need to apply for a
CONDITIONAL USE, or without the need to apply for some
other permit;
Page 111 of 141
-~_.,--~._- ,.--
ii. the County fails to either grant or deny the applied-for permit
within the time frames set forth in paragraphs (4) and (5)
above, as applicable; and
iii. the APPLICANT has not agreed to an extension of time, as
provided in paragraph (8) below.
b. However, the applied-f9r permit shall not be deemed granted if
final action requires. action by the BCC, but such action is
prevented due to emergency conditions beyond the County's
control. In such instance, the time for final action on the
application shall be extended until the next regularly scheduled
meeting of the BCC. The permit shall be deemed to be granted
if the BCC fails to take final action at that time.
8. WAIVER. Extensions of the above-described applicable timelines
(deadlines) shall not be effective except to the extent voluntarily
agreed to by the permit APPLICANT. Narrow exception: a one-
time time line waiver may be required if there then exists an
emergency that directly affects the administration of all of the
County's communications TOWER permitting activities which! had
been formally declared by the County, by the State of Florida, or by
the federal government.
5.05.10 Travel Trailer and RECREATIONAL VEHICLE Park Design Standards
A. The following amount of land or water shall be set aside and developed for
recreational purposes within the TTRVC park.
1. 200 square feet for each travel trailer and park model LOT or
campsite for the first 100 LOTS or spaces;
2. 150 square feet for each LOT or designated space in excess of 100
LOTS or spaces; and
3. One-half (1/2) of the water surface within the park may be credited
toward the required recreation area, except that at least fifty (50)
percent of the required recreation area shall be land area.
B. All LOTS/spaces within a TTRVC park shall have direct ACCESS from an
intemal STREET. All intemal STREETS within the district shall provide
safe and convenient ACCESS to a public STREET. The RIGHT-OF-WAY
widths, paving widths, and other construction standards, including gradient
and alignment of all internal STREETS and drainage shall be subject to
the standards for DEVELOPMENT of supporting ,infraSTRUCTURE as
provided in the SUBDIVISION regulations, section 4.03.00. For the
purpose of this subsection, internal STREETS shall refer to STREETS,
including necessary RIGHT-OF-WAY or EASEMENT, located within the
Page 112 of 141
confines of the project legal description and providing no ACCESS to
other land PARCELS.
C. Required facilities for campsites and TTRV LOTS.
1. Sanitary facilities, including flush toilets, and showers within 300
feet walking distance from every campsite LOT and as approved by
the Collier County health department, or in the event of a private
on-site system connectic;ln to a county system subject to county
ordinances. Lighting shall be provided in sanitary facilities at all
times and the facilities shall be accessible to park residents at all
times.
2. Potable water supply as approved by the County Manager or
designee pursuant to section 4.03.00.
3. A trash container such as a dumpster shall be located in areas
easily accessible and not obstructed by campsites, LOTS or other
TTRVC LOTS or parking areas.
4. An enclosed space shall be open at all times wherein a portable fire
extinguisher in operable condition and first aid equipment is
available, and a telephone is available for public use.
5. One (1) parking space per campsite or TTRV LOT.
6. Unless every travel trailer site has a sanitary waste outlet, a central
pump-out station shall be provided.
7. TTRV vehicles including park model, travel trailers, may be
permanently located on a LOT; however, no permanent residency
is allowed. Where travel trailer/park model LOTS are being sold to
individuals, the developer/owner of the LOTS shall include in the
title transfer document a covenant attesting to the fact that the LOT
cannot be used as a place of permanent occupancy. All TTRVC
parks which commenced construction after the effective date of this
district shall comply with all requirements of this district except as
further provided herein. No TTRVC park in existence on the
effective date of this district shall be ALTERED so as to provide a
lesser degree of conformity with the provisions of this district than
existed on the effective date of this district. Land already zoned
TTRVC which does not meet the acreage requirements may be
developed; however, the DEVELOPMENT shall conform with all
other regulations of this district.
8. Every proprietor, manager, homeowners' association, or
CONDOMINIUM association of a TTRV park shall maintain a
register of tenants or occupants, noting the. duration of the rental
arrangement or length of occupancy for owner/occupied sites with
respect to one or more travel trailers or park models. Said register
shall be made available upon demand to the County Manager. In
the event of owner/occupied LOTS within the TTRVC district, said
Page 113 of 141
-"'.
owner is responsible for registering his or her arrival and departure
from their recreation residence with the manager of the TTRVC
park. Failure to register will hold the owner responsible for penalties
as herein provided. Failure of park owner/manager to provide said
register, duly describing the persons who have occupied a travel
trailer or park model trailer, and the duration of their occupancy,
shall be guilty of a misdemeanor and subject to the penalties
provided by this Code. Ar,y proprietor or manager who maintains a
falsified register to allow persons to occupy a travel trailer or park
model trailer on a permanent basis shall be similarly guilty of a
misdemeanor and subject to penalties as provided in this Code.
9. Park model travel trailers, when positioned on a LOT in this district,
must be anchored in accordance with the standards set forth in the
MH district and TTRVC district and other applicable regulations,
and be connected to a public or private water and sewer system.
Additionally, such units must obtain electrical service directly'from
the electric utility authorized to provide such service in Collier
County.
10. ACCESSORY USES.
a. Enclosed utility/storage area shall be of the same siding
material and architectural style as that of the associated
RECREATIONAL VEHICLES, not to exceed an area of sixty
(60) square feet.
b. Any utility/storage area shall be located ADJACENT to its
associated RECREATIONAL VEHICLE and made a continuous
part of a screened-in porch where such a porch is attached to
the vehicle as herein provided. Where utility/storage areas are
made a continuous part of a screened-in porch, the area of the
utility/storage area may not exceed 25 percent of the area of the
screened-in porch or 120 square feet, whichever lesser. The
County Manager or his designee may administratively approve
an exception to ACCESSORY STRUCTURE size limitation
where such exception is necessary to allow for accessibility, in
accordance with the specifications set forth in Section 4 of the
Americans with Disabilities Act (ADA), to accommodate a
physically handicapped individual.
c. For RECREATIONAL VEHICLES fixed by a permanent
anchoring system, a screened-in porch elevated or at ground
level with a solid roof STRUCTURE, architecturally compatible
with its associated RECREATIONAL VEHICLE, not to exceed
an area equal to the area of the RECREATIONAL VEHICLE to
which it is attached. Said screened-in porch shall provide for
any site utility/storage space requirements as herein provided
and shall not contain any other interior walls. All such screened
Page 114 of 141
enclosures must be permitted and constructed according to this
Code and applicable BUILDING codes. Exterior walls may be
enclosed with screen, glass or vinyl windows, except that the
storage area shall be enclosed with the same material as the
principal unit. .,
d. Campgrounds containing 100 spaces or more shall be
permitted a convenience commercial facility no greater than
15,000 square feet in total land area. This faciUty shall provide
for the exclusive sale of convenience items to park patrons only,
and shall present no visible evidence of their commercial
character, including signage and lighting, from any public or
private STREET or RIGHT-OF-WAY external to the park.
11. CONDITIONAL USES - CAMPING CABINS subject to the following
standards:
a. One CAMPING CABIN per approved TTRVC LOT.
b. The maximum number of CAMPING CABIN LOTS in anyone
TTRVC park shall be ten percent of the total number of
approved TTRVC LOTS, not to exceed a total number of twenty
(20) CAMPING CABIN LOTS.
c. Maximum floor area of 220 square feet.
d. No internal water or cooking facilities.
e. CAMPING CABINS may not be designed as a permanent
residence, however, tiedowns or other safety devices may be
used in order to provide security against high winds.
f. CAMPING CABINS must be constructed of natural wood
materials such as logs, redwood, cedar, or cypress in order that
it may blend harmoniously into the natural landscape character
normally found in a TTRVC or campground setting.
g. The general DEVELOPMENT standards required for the
TTRVC park shall be applicable to the CAMPING CABIN
LOTS.
h. All materials and construction must be in accordance with the
Collier County BUILDING code and the requirements of the
Standard BUILDING Code (SBC).
i. At least one room of the CAMPING CABIN must have a
minimum of 150 square feet of floor area.
j. If CAMPING CABINS are to be located in a FLOOD hazard
zone as delineated on the most recent ,FLOOD INSURANCE
RATE MAPS, all requirements of Section 3.02.00 of this LDC
must be met.
Page 115 of 141
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k. A party shall be allowed a maximum length of stay of two (2)
weeks in a CAMPING CABIN.
5.05.11 Carwashes ABUTTING Residential Zoning Districts
A. Carwashes designed to serve vehicles exceeding a capacity rating of
one ton shall not be allowed.
B. Minimum YARDS.
1. FRONT YARD SETBACK: fifty (50) feet.
2. Side YARD SETBACK: fC?rty (40) feet.
3. Rear YARD SETBACK: forty (40) feet.
C. A carwash shall not be located on a LOT with less than 150 feet of
FRONTAGE on a dedicated STREET or highway.
D. Minimum LOT size is 18,000 square feet.
E. If a carwash ABUTS a residential district, a masonry or equivalent wall
constructed with a decorative finish, six (6) feet in height shall be
erected along the LOT LINE opposite the residential district and the
LOT LINES perpendicular to the LOT LINES opposite the residential
district for a distance not less than fifteen (15) feet. The wall shall be
located within a landscaped BUFFER as specified in section 4.06.00.
All walls shall be protected by a barrier to prevent vehicles from
contacting them.
F. The BUILDING shall maintain a consistent architectural theme along
each BUILDING FACADE.
G. A carwash shall be subject to Ordinance No. 90-17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
H. The washing and polishing operations for all car washing facilities,
including self-service car washing facilities, shall be enclosed on at
least two sides and shall be covered by a roof. Vacuuming facilities
may be located outside the BUILDING, but may not be located in any
required YARD area.
I. Carwashes ABUTTING residential districts shall be closed from 10:00
p.m. to 7:00 a.m.
5.06.00 SIGNS
5.06.01 Generally
Increased numbers and sizes of SIGNS, as well as certain types of lighting distract
the attention of motorists and pedestrians, and interfere with traffic safety. The
indiscriminate erection of SIGNS degrades the aesthetic attractiveness of the natural
and manmade attributes of the community and thereby undermines the economic
value of tourism, visitation and permanent economic growth.
Page 116 of 141
A. Purpose and intent.
It is the intent and purpose of this SIGN code, and it shall be interpreted,
to implement the goals, policies and objectives of the growth management
plan, and to promote the health, safety, convenience, aesthetics, and
general welfare of the community by controlling SIGNS which are intended
to communicate to the public and to authorize the use of SIGNS which
are: ""1,
1. Compatible with their surroundings.
2. Designed, constructed, installed and maintained in a manner
which does not endanger public safety or unduly distract motorists.
3. Appropriate to the type of activity to which they pertain.
4. Are large enough to convey sufficient information about the
owner or occupants of a particular property, the products or
services available on the property, or the activities conducted on
the property and small enough to satisfy the needs for regulation.
5. Reflective of the identity and creativity of the individual
occupants.
5.06.02 SIGNS Exempt from These Regulations
In addition to those SIGNS identified elsewhere in this Code, the following SIGNS
are exempt from the permit requirements of this Code, and shall be permitted in all
districts subject to the limitations set forth below:
A. SIGNS required to be maintained or posted by law or governmental
order, rule, or regulation.
B. On-premises directional SIGNS, not exceeding six square feet in area
and four feet in height, intended to facilitate the movement of pedestrians
and vehicles within the site upon which such SIGNS are posted. On-
premises directional SIGNS shall be limited to two at each vehicle
ACCESS point and a maximum of four intemal to the DEVELOPMENT.
Internal SIGNS are not intended to be readily visible from the road.
Directional SIGNS are also subject to restrictions of section 5.06.06
(C)(10) of this Code.
C. One identification SIGN, professional nameplate, or occupational SIGN
for each professional office, or business establishment not to exceed two
Page 11 7 of 141
._..
square feet in SIGN area and placed flush against a BUILDING face or
mailbox side, and denoting only the name of the occupant and, at the
occupant1s election, the occupant's profession or specialty and/or the
STREET address of the premise.
D. Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative SIGNS when cut into any masonry surface or when
constructed of bronze or other noncombustible materials.
E. "No Trespassing," "No Dumping," or other prohibitorY or safety type
SIGNS, provided each SIGN does not exceed three square feet in size.
F. One ground or wall IIFor Sale, II "For Rent," or similar SIGN per
STREET FRONT AGE for each PARCEL, or LOT less than ten acres in
size.
G. One on-premises SIGN for model homes, approved in conjunction with
a temporary use permit in any zoning district.
H. One on-premises open house SIGN not to exceed four square feet in
size. Such SIGN shall not be located within ten feet of any property line,
RIGHT-OF-WAY or ACCESS EASEMENT.
I. Bulletin boards and identification SIGNS for public, charitable,
educational or religious institutions located on the premises of said
institutions and not exceeding 12 square feet in size.
J. SIGNS located on fences or walls surrounding athletic fields, or within
sports arenas, stadiums and the like, not to exceed 32 square feet in size,
per SIGN. SIGNS shall be oriented along the fence or wall to face the
field(s) or playing area, and away from any ADJACENT public or private
roads.
K. Traffic control and safety SIGNS or other municipal, county, state or
federal SIGNS, legal notices, railroad crossing SIGNS, danger SIGNS and
such temporary emergency SIGNS when erected by an appropriate
authority.
L. Window merchandise displays which are changed on a regular basis,
meaning no less frequently than every 30 days.
M. Non-electrical, non-illuminated and non-reflective window SIGNS not
exceeding 25 percent of each window area.
N. SIGNS located at the entrance drive of residences located upon 2.25-
acre LOTS or greater, displaying the name and address of the resident
Page 118 of 141
and not exceeding four square feet in area.
O. Flags, or insignias of governmental, religious, charitable, fraternal or
other nonprofit organizations when displayed on property owned by or
leased to said organization. Non-commercial flags that will be flown on a
flagpole that does not exceed 15 feet in height above finished GRADE or
extend more than ten feet from any BUILDING they are attached to, are
allowable if the number of fl~gs displayed does not exceed those
described in this section and the .flagpoles do not require a certified design
or be sealed by a Florida registered engineer as described in this section
5.06.02.
P. Advertising and identifying SIGNS located on taxicabs, buses, trailers,
trucks, or vehicle bumpers, provided such SIGN does not violate section
5.06.03 of this Code.
Q. Religious displays that do not constitute advertising.
R. Painting, repainting or cleaning without modifying the existing SIGN
copy or design of an advertising STRUCTURE, or changes which are
determined by the County Manager or his designee to be less than a
SUBSTANTIAL IMPROVEMENT.
S. Copy changes for SHOPPING CENTERS, theaters, billboards or
marquees that have routine changes of copy, or are specifically designed
for changes of copy.
T. One ground or wall SIGN may be used as a construction SIGN by the
general contractor of the DEVELOPMENT, within each FRONT YARD for
each PARCEL less than ten acres in size.
U. Temporary SIGNS in conjunction with an approved temporary use
permit.
V. One SIGN indicating only the business.s or establishment1s operational
status at that time may be installed and illuminated inside that business or
establishment, provided said SIGN (1) does not exceed 2.25 square feet
in total size, (2) has a cabinet enclosed on all sides, (except for SIGNS
illuminated with gas filled tubing aka Uneonl') and (3) includes a front panel
that is clear or translucent (except for SIGNS illuminated with gas filled
tubing aka UneonU). The only allowable illumination source(s) for said
SIGN is: incandescent, fluorescent, halogen lamp, Light Emitting Diode,
fiber optic light or gas filled tubing (aka Uneon). The illumination source
must not flash, fade, or increase in brightness, or change color. Nothing in
this provision is to be construed to allow a SIGN that would otherwise be
prohibited by this Code.
Page 11 9 of 141
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5.06.03 Prohibited SIGNS
It shall be unlawful to erect, cause to be erected, maintain or cause. to be
maintained, any SIGN not expressly authorized by, or exempted from this Code. The
following SIGNS are expressly prohibited:
A. SIGNS which are in violation of the BUILDING code or electrical code
adopted by Collier County. '..
B. Abandoned SIGNS.
C. Animated or activated SIGNS, except special purpose time and
temperature SIGNS and barber pole SIGNS complying with section
5.06.06 C.9.b.
D. Flashing SIGNS or electronic reader boards.
E. Rotating SIGNS or displays, except barber pole SIGNS complying with
section 5.06.06 C.9.b.
F. Illuminated SIGNS in any residentially zoned or used district, except
residential identification SIGNS, residential nameplates, and STREET
SIGNS that are illuminated by soft or muted light. Nonresidential uses
within residentially used or zoned districts by CONDITIONAL USE, PUD
ordinance, or as otherwise provided for within the land DEVELOPMENT
code, shall be allowed the use of illuminated SIGNS, subject to the
approval of the community services administrator or his designee.
G. SIGNS located upon, within, or otherwise encroaching upon county or
public RIGHTS-OF-WAY, except as may be permitted under the
provisions of Ordinance [No.] 82-91, as amended, and those erected by a
governmental agency or required to be erected by a governmental
agency.
H. Billboards.
I. Strip lighted SIGNS.
J. Neon type SIGNS, except non-exposed neon SIGNS covered with an
opaque or translucent shield which will prevent radiation of direct light,
within all commercial and industrial districts.
K. Roof SIGNS.
L. Portable SIGNS.
Page 120 of 141
M. SIGNS which resemble any official SIGN or marker erected by any
governmental agency, or which by reason of position, shade or color,
would conflict with the proper function of any traffic SIGN or signal, or be
of a size, location, movement, content, color, or illumination which may be
reasonably confused with or construed as, or conceal, a traffic control
device.
State Law References: DisplaY,9f unauthorized traffic SIGNS, signals or
markings, F.S. ~ 316.077.
N. SIGNS, commonly referred to as snipe SIGNS, made of any material
whatsoever and attached in any way to a utility pole, tree, fence post,
stake, stick or any other object located or situated on public or private
property, except as otherwise expressly allowed by, or exempted from this
Code.
O. Wind SIGNS (except where permitted as part of this section of this
Code) .
P. Any SIGN which is located ADJACENT to a county RIGHT -OF-WAY
within the unincorporated areas of the county which SIGN was ereCted,
operated or maintained without the permit required by section 10.02.06
having been issued by the County Manager or his designee shall be
removed as provided in this section 5.06.03. Such SIGNS shall include but
are not limited to structural SIGNS, freestanding SIGNS, [and] SIGNS
attached or affixed to STRUCTURES or other objects.
Q. Any description or representation, in whatever form, of nudity, sexual
conduct, or sexual excitement, when it:
1. Is patently offensive to contemporary standards in the adult
community as a whole with respect to what is suitable sexual material
for minors; and
2. Taken as a whole, lacks serious literary, artistic, political, or
scientific value.
R. Beacon lights.
S. Any SIGN which emits audible sound, vapor, smoke, or gaseous
matter.
T. Any SIGN which obstructs, conceals, hides, or otherwise obscures
from view any official traffic or government SIGN, signal, or device.
U. Any SIGN which employs motion, has visible moving parts, or gives
Page 121 of 141
--
the illusion of motion (excluding time and temperature SIGNS).
V. Any SIGN which is erected or maintained so as to obstruct any
firefighting equipment, window, door, or opening used as a means of
ingress or egress for fire escape purposes including any opening .required
for proper light and ventilation.
W. Any SIGN which constitutes a traffic hazard, or detriment to traffic
safety by reason of its size, location, movement, cont~nt, coloring, or
method of illumination, or by obstructing or distracting the vision of drivers
or pedestrians.
X. SIGNS mounted on a vehicle, be it the roof, hood, trunk, bed, and so
on, where said SIGN is intended to attract or may distract the attention of
motorists for the purpose of advertising a business, product, service, or
the like, whether or not said vehicle is parked, or driven, excluding
emergency vehicles, taxi cabs, and delivery vehicles, where a roof
mounted SIGN does not exceed two square feet. This section shall not
apply to magnetic type SIGNS affixed to or SIGNS painted on a vehicle,
provided said vehicle is used in the course of operation of a business, and
which are not otherwise prohibited by this Code. It shall be considered
unlawful to park a vehicle and/or trailer with SIGNS painted, mounted or
affixed, on site or sites other than that at which the firm, product, or
service advertised on such SIGNS is offered.
Y. Any SIGN which uses flashing or revolving lights, or contains the
words "Stop," "Look," "Danger," or any other words, phrase, symbol, or
character in such a manner as to interfere with, mislead, or confuse
vehicular traffic.
Z. Any SIGN which advertises or publicizes an activity not conducted on
the premises upon which the SIGN is maintained, except as otherwise
provided for within this Code.
AA. No SIGN shall be placed or permitted as a PRINCIPAL USE on any
property, in any zoning district except as follows: U-Pic SIGNS, political
SIGNS or SIGNS approved by temporary permit pursuant to the time
limitations set forth herein.
BB. Inflatable SIGNS.
CC. ACCENT LIGHTING as defined in this Code.
DO. Illuminated SIGNS, neon or otherwise, installed inside businesses
and intended to be seen from the outside. SIGNS that comply with the
Page 122 of 141
provisions of section 5.06.02 (V) of this Code are exempt from this
section.
EE. All SIGNS expressly prohibited by this section and their supporting
STRUCTURES, shall be removed within 30 days of notification that the
SIGN is prohibited by the Collier County Code Enforcement Director, or
his designee, or, within 30 days of the end of the amortization period
contained in section 9.03.03 D. or, in the alternative, shall be ALTERED
so that they no longer violate this section. Billboards with an original cost
of $100.00 or more, and which have been legally permitted, shall be
treated as NONCONFORMING SIGNS and removed pursuant to section
9.03.03 D.
5.06.04 Permitted SIGNS
A. SIGNS within residential zoned districts and as applicable to residential
designated portions of PUD zoned properties.
1. DEVELOPMENT standards. i
I
I
I
a. Maximum allowable height. All SIGNS within residential
zoned districts and as applicable to residential designated portions
of PUD zoned properties are limited to a maximum height of eight
feet, or as provided within this Code. Height shall be measured
from the lowest centerline GRADE of the nearest public or private
R.O.W. or EASEMENT to the uppermost portion of the SIGN
STRUCTURE.
b. Minimum SETBACK. All SIGNS within residential zoned
districts and as applicable to residentially designated portions of
PUD zoned properties shall not be located closer than ten feet from
the property line, unless otherwise noted below or as provided for in
section 1.04.04 C. as determined by the county for safety and
operation.
2. Real estate SIGNS. The following SIGNS classified as real estate
SIGNS shall be permitted in residential districts subject to the
following:
a. One ground SIGN with a maximum height of six feet or wall
"For Sale," For Rent," or similar SIGN, with a maximum of four
square feet in size, per STREET FRONTAGE for each PARCEL, or
LOT less than one acre in size. Said SIGN shall be located no
closer than ten feet from any ADJACENT residentially used
property and may be placed up to the property line ABUTTING a
RIGHT-OF-WAY, provided it is a minimum of ten feet from the
Page 123 of 141
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edge of pavement. (No BUILDING permit required.)
b. One ground SIGN with a maximum height of eight feet or
wall "For Sale," "For Rent," or similar SIGN, with a maximum of 12
square feet in size, per STREET FRONTAGE for each PARCEL, or
LOT one to ten acres in size. (No BUILDING permit required.)
c. One pole SIGN with a maximum height of .15 feet or wall
"For Sale," "For Rent," or similar SIGN, with a maximum of 64
square feet in size, per STREET FRONTAGE for each PARCEL or
LOT in excess of ten acres in size.
d. Real estate SIGNS shall not be located closer than ten feet
from any property line. In the case of undeveloped PARCELS
where the existing vegetation may not allow the location of the
SIGN ten feet from the property line, the County Manager or his
designee may allow a reduction in the amount of the required
SETBACK however, in no case shall said SIGN be located closer
than five feet from any property line unless authorized by the board
of zoning appeals through the variance process.
e. Real estate SIGNS shall be removed when an applicable
temporary use permit has expired, or within seven days of any of
the following conditions: ownership has changed; the property is no
longer for sale; rent or lease; or, the model home is no longer being
used as a model home.
f. A SIGN advertising that a property has been sold or leased
shall not be displayed for more than 14 days after it is erected.
3. Model home SIGNS. One on-premises SIGN for model homes,
approved in conjunction with a temporary use permit in any zoning
district not to exceed 32 square feet. Model home SIGN copy shall be
limited to the model name, builder's name, name and address, phone
number, price, logo, and model home. Model home SIGNS shall not be
illuminated in any manner. (No BUILDING permit required.)
4. Construction SIGNS. All supports for such SIGNS shall be securely
built, constructed, and erected and shall be located on the site under
construction, subject to the following:
a. One ground SIGN with a maximum height of six feet or wall
SIGN, with a maximum of four square feet in size, may be used as
a construction SIGN by the general contractor of the
DEVELOPMENT or as a permit board, within each FRONT YARD
for each PARCEL less than one acre in size. (No BUILDING permit
Page 124 of 141
required.)
b. One ground SIGN with a maximum height of eight feet or
wall SIGN, with a maximum of 12 square feet in size, may be used
as a construction SIGN by the general contractor of the
DEVELOPMENT or as a permit board, within each FRONT YARD
for each PARCEL one to ten acres in size. (No BUILDING permit
required.) '..
c. One pole SIGN with a maximum height of 15 feet or wall
SIGN, with a maximum of 64 square feet in size, may be used as a
construction SIGN by the general contractor of the
DEVELOPMENT or as a permit board, within each FRONT YARD
for each PARCEL in excess of ten acres in size.
d. One ground or wall SIGN, with a maximum of four square
feet in size, may be used as a construction SIGN by 'each
contractor, lending institution, or other similar company involved
with the DEVELOPMENT, regardless of PARCEL size. . (No
BUILDING permit required.)
I
,
5. Residential directional or identification SIGNS. Directional or
identification SIGNS no greater than four square feet in size, and
located internal to the SUBDIVISION or DEVELOPMENT may be
allowed subject to the approval of the County Manager or his
designee, or his designee. Such SIGNS shall only be used to identify
the location or direction of approved uses such as models or model
sales centers, club house, recreational areas, etc. These SIGNS may
be clustered together to constitute a SIGN with a maximum area of 24
square feet and a maximum height of eight feet. Such clustered SIGNS
shall require a BUILDING permit. For signage to be located along the
Golden Gate Parkway see section 2.03.07.
6. On-premises SIGNS within residential districts. Two ground SIGNS
with a maximum height of eight feet or wall residential entrance or gate
SIGNS may be located at each entrance to a multi-family, single-
family, MOBILE HOME or RECREATIONAL VEHICLE park subject to
the following requirements:
a. Such SIGNS shall contain only the name of the
SUBDIVISION, the insignia or motto of the DEVELOPMENT and
shall not contain promotional or sales material. Said SIGNS shall
maintain a ten-foot SETBACK from any property line unless placed
on a fence or wall subject to the restriction set forth in section
5.03.02. Furthermore, bridge SIGNS located on private bridges
directly leading to private communities shall not be considered off-
Page 125 of 141
._,...... '-'--""'.~ .,,-_.. "...- -.-.
premise SIGNS. Bridge SIGNS complying with the requirements of
section 5.06.04 may be substituted for ground or wall SIGNS in
residential districts.
b. The ground or wall SIGNS shall not exceed a combined area
of 64 square feet, and shall not exceed the height or length of the
wall or gate upon which it is located.
c. Logos without any verbal content and similar architectural
features less than ten square feet in area not containing any letters
or numbers shall not be considered SIGNS and shall be allowed
throughout the DEVELOPMENT. However, should such
architectural embellishments be located closer than ten feet to any
SIGN, then it should be considered an integral part of the SIGN and
shall be subject to the restrictions of this section.
7. CONDITIONAL USES within the residential and agricultural
districts.
a. CONDITIONAL USES within the residential district are
permitted one wall SIGN with a maximum of 32 square feet. Corner
LOTS are permitted two such wall SIGNS.
b. CONDITIONAL USES within the agricultural district in the
urban area, residential and estates districts with a STREET
FRONT AGE of 150 feet or more and a land area of 43,560 square
feet or larger are permitted a ground SIGN with a maximum height
of eight feet and a maximum area of 32 square feet.
c. Bulletin boards and identification SIGNS for public,
charitable, educational or religious institutions located on the
premises of said institutions and not exceeding 12 square feet in
size. (No BUILDING permit required.)
d. The board of county commissioners may approve additional
signage as may be deemed appropriate during the CONDITIONAL
USE approval process.
B. SIGNS within non-residential districts:
1. Design criteria and unified SIGN plan. Where multiple on-premise
SIGNS are proposed for a single site or project, or in the case of a
SHOPPING CENTER or multi-use BUILDING; a unified SIGN plan
shall be employed. An application for site DEVELOPMENT or site
improvement plan approval shall be accompanied by a graphic and
narrative representation of the unified SIGN plan to be utilized on the
Page 126 of 141
site. The unified SIGN plan must be applied for by the property owner,
or his or her AUTHORIZED AGENT. The unified SIGN plan may be
amended and resubmitted for approval to reflect style changes or
changing tenant needs. Design elements which shall be addressed in
both graphic and narrative form include:
a. Colors;
',t.
b. Construction materials and method;
c. Architectural design;
d. Illumination method;
e. Copy style;
f. SIGN type(s) and location(s); and, conformance witn the
following:
'I
g. No wall SIGN shall exceed 80 percent of the width of the
unit(s) or the BUILDING occupied by a business with a minimqm of
ten percent clear area on each outer edge of the unit(s) or the
BUILDING;
h. All wall SIGNS for multi-use BUILDINGS shall be located at
a consistent location on the BUILDING FACADE, except that
ANCHOR TENANTS may vary from this locational requirement in
scale with the anchors tenant's larger primary FACADE
dimensions. All SIGNS shall adhere to the dimensions provided for
in the unified SIGN plan; and
i. Pole SIGNS shall provide a pole cover no less than 50
percent of the width of the SIGN, with architectural design features
including colors and/or materials common to those used in the
design of the BUILDING the SIGN is accessory to. A minimum 100
square foot planting area shall be provided around the base of any
ground or pole SIGN, consistent with the provisions of this section
of this Code.
j. The SIGN shall not be in the shape of a logo and the logo
shall not protrude from the SIGN.
k. The use of fluorescent colors is prohib~ted.
I. OUTPARCELS. In addition to the above requirements, SIGNS
for OUTPARCELS, regardless of the size of the OUTPARCEL,
Page 127 of 141
,.,-- '""B
shall be limited to the following:
i. In addition to any wall SIGNS permitted by this Code,
OUTP ARCELS may by allowed one additional sixty square
foot wall SIGN facing the SHOPPING CENTER if the
additional SIGN is not oriented towards any public RIGHT.
OF.W A Y. In no case shall the number of wall SIGNS for an
OUTPARCEL exce~d two SIGNS; and,
ii. A single ground SIGN for OUTP ARCELS having a
FRONT AGE of 150 feet or more, not to exceed 60 square
feet. Ground SIGNS shall be limited to eight feet in height.
5.06.05 DEVELOPMENT Standards for SIGNS
A. DEVELOPMENT standards.
1. Maximum allowable height. All pole or ground SIGNS within
nonresidential zoned districts and as applicable to nonresidential
designated portions of PUD zoned properties are limited to a maximum
height of 15 feet when located along an ARTERIAL or COLLEC~OR
ROADW A Y and 12 feet for all other roads, except as provided iri this
Code for pole or ground SIGNS for AUTOMOBILE SERVICE
STATIONS and OUTPARCELS which are limited to a maximum height
of eight feet; the maximum height for directory SIGNS is limited to 20
feet. Height shall be measured from the lowest centerline GRADE of
the nearest public or private R.O.W. or EASEMENT to the uppermost
portion of the SIGN STRUCTURE.
2. Minimum SETBACK. All pole or ground SIGNS within
nonresidential zoned districts and as applicable to nonresidential
designated portions of PUD zoned properties shall not be located
closer than ten feet from the property line. Directory SIGNS shall not
be closer than 15 feet from the property line, unless otherwise noted
below or as provided for in section 1.04.04 C.
3. Maximum allowable SIGN area: 80 square feet for pole or ground
SIGNS located along an arterial or COLLECTOR ROADWAY and 60
square feet for all other roads, 60 square feet for OUTPARCELS and
AUTOMOBILE SERVICE STATIONS and 150 square feet for directory
SIGNS.
4. The location of all permanent pole, ground and directory SIGNS
shall be shown on the landscape plans as required by section 4.06.05.
5. The maximum size limitation shall apply to each STRUCTURE.
Pole or ground SIGNS may be placed back to back or in V-type
Page 128 of 141
construction with not more than one display on each facing for a
maximum of two display areas for each V-type SIGN, and such SIGN
STRUCTURE shall be considered as one SIGN.
6. Spot or floodlights shall be permitted only where such. spot or
floodlight is non-revolving and said light shines only on the owner's
premises or SIGNS and away from any RIGHT-OF-WAY.
5.06.06 SIGN Standards for Specific Situations
A. Real estate SIGNS: As defined, shall be permitted in non-residential
districts subject to the following:
1. One ground SIGN with a maximum height of ten feet or wall SIGN
with a maximum area of twelve square feet in size per STREET
FRONTAGE for each PARCEL, or LOT less than one acre in size. (No
BUILDING permit required.)
2. One ground SIGN with a maximum height of ten feet or wall SIGN
with a maximum 32 square feet in size, per STREET FRONTAGE for
each PARCEL, or LOT one to ten acres in size. (No BUILDING permit
required.)
3. One ground SIGN with a maximum height of 15 feet or wall SIGN
with a maximum of 64 square feet in size, per STREET FRONT AGE
for each PARCEL or LOT in excess of ten acres in size. A BUILDING
permit is required.
4. Real estate SIGNS shall not be located closer than ten feet from
any property line. In the case of undeveloped PARCELS where the
existing vegetation may not allow the location of the SIGN ten feet from
the property line, the County Manager or his designee may allow a
reduction in the amount of the required SETBACK however, in no case
shall said SIGN be located closer than five feet from any property line
unless authorized by the board of zoning appeals through the variance
process.
5. Real estate SIGNS shall be removed when an applicable temporary
use permit has expired, or within seven days of any of the following
conditions: ownership has changed; or, the property is no longer for
sale, rent or lease.
6. A SIGN advertising that a property has been sold or leased shall
not be displayed for more than 14 days after it is erected.
B. Construction SIGNS. All supports for such SIGNS shall be securely
Page 129 of 141
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built, constructed, and erected and shall be located on the site under
construction and no closer than ten feet from any property line, and
subject to the following:
1. One ground SIGN with a maximum height of ten feet or wall SIGN,
with a maximum of 12 square feet, may be used as a construction
SIGN by the general contractor of the DEVELOPMENT or as a permit
board, within each FRONT YARD for each PARCEL less than one
acre in size. (No BUILDING .permit required.)
2. One ground SIGN with a maximum height of ten feet or wall SIGN,
with a maximum of 32 square feet in size, may be used as a
construction SIGN by the general contractor of the DEVELOPMENT or
as a permit board, within each FRONT YARD for each PARCEL one
to ten acres in size. (No BUILDING permit required.)
3. One pole SIGN with a maximum height of 15 feet or wall SIGN,' with
a maximum of 64 square feet in size, may be used as a construction
SIGN by the general contractor of the DEVELOPMENT or as a p~rmit
board, within each FRONT YARD for each PARCEL in excess of 10
acres in size. \
4. One ground or wall SIGN, with a maximum of 4 square feet in size,
may be used as a construction SIGN by each contractor, lending
institution, or other similar company involved with the
DEVELOPMENT, regardless of PARCEL size. (No BUILDING permit
required).
5. All construction SIGNS must be removed prior to the issuance of a
certificate of occupancy.
C. On-premise SIGNS. On-premise pole SIGNS, ground SIGNS,
projecting SIGNS, wall SIGNS, and mansard SIGNS shall be allowed in all
non residentially zoned districts subject to the restrictions below:
1. Pole or ground SIGNS. Single-occupancy PARCELS, SHOPPING
CENTERS, office complexes, business parks, or industrial parks
having FRONT AGE of 150 feet or more on a public STREET, or
combined public STREET FRONT AGE of 220 linear feet or more for
corner LOTS, shall be permitted one pole or ground SIGN. Additional
pole or ground SIGNS may be permitted provided that there is a
minimum of a 1,000-foot separation between such SIGNS, and all
SETBACK requirements are met. In no case shall the number of pole
or ground SIGNS exceed two per STREET FRONTAGE. In addition,
multiple-occupancy PARCELS such as SHOPPING CENTERS, office
complexes, business parks, or industrial parks containing 25,000
Page 130 of 141
square feet or more of gross leasable floor area, and eight or more
independent businesses will be permitted one directory SIGN for a
single entrance on each public STREET. When a directory SIGN is
proposed then pole or ground SIGNS shall be limited to the name and
logo of the complex and shall not contain name of any tenant. The
directory SIGN shall contain a minimum of four and a maximum of
eight tenant names. The name of businesses located on
OUTPARCELS shall not appear of directory SIGNS.
a. Ground SIGNS for smaller LOTS. Single-occupancy
PARCELS, SHOPPING CENTERS, office complexes, business
parks, and industrial parks may be issued a SIGN permit for one
ground SIGN provided that the following minimum requirements are
met, as applicable:
i. For those LOTS or PARCELS with public road
FRONTAGE of no less than 100 feet, but up to 149.9 feet, or
a combined public STREET FRONTAGE of no less than 150
feet but less than 219.9 feet for comer LOTS or PARCELS:
a) No portion of the ground SIGN may be located
closer than 10 feet from any property line;
b) a planting area of no less than 100 square feet
shall be provided around the base of the ground
SIGN;
c) the ground SIGN'S arch itectu ral design,
construction, and color shall include features common
to those used in the design of the BUILDING where
the corresponding business requesting the SIGN is
accessory to;
d) the ground SIGN may be double-sided but
cannot be placed in a V-shape, and must display
identical copy on both faces;
e) any illumination of the SIGN must be non-
revolving and shine away from any right-or-way, and
shall require an electrical permit.
f) the STREET address for the business(es) shall
be displayed in numerals at lea,st 8 inches high on all
faces of the SIGN and must be located so as to not
be covered by landscaping or other impediments;
and
Page 1 31 of 141
_~__n_ -_.~.
g) no other free-standing SIGNS will be allowed
on the same LOT or PARCEL.
ii. In addition, for those LOTS or PARCELS with
FRONTAGE of 121 to 149.9 feet, or a combined public
STREET FRONT AGE of no less than 150 feet for comer
LOTS or PARCEL$. but less than 219.9 feet:
a) the ground SIGN shall be limited to 8 feet in
height, as measured from the lowest centerline
GRADE of the nearest public road to the uppermost
portion of the SIGN STRUCTURE regardless of the
roadway classification; and
b) the maximum allowable SIGN area is 32
square feet
iii. In addition, for those LOTS or PARCELS with
FRONTAGE of 100 to 120.9 feet: I
i
I
I
a) the ground SIGN shall be limited to 6 feet in
height, as measured from the lowest centerline
GRADE of the nearest public road to the uppermost
portion of the SIGN STRUCTURE regardless of the
roadway classification; and
b) the maximum allowable SIGN area is 16 square
feet.
b. The minimum SETBACK requirement may be administratively
reduced by a maximum of ten feet by the County Manager or his
designee upon submission of the administrative variance fee and a
written request. However in no case shall the required SETBACK
be reduced to less than five feet. The County Manager or his
designee's decision to reduce the required SETBACK shall be
based on the following:
i. Where it can be demonstrated that within the
ADJACENT RIGHT-OF-WAY the area between the property
line and the edge of pavement is excessively wide and that
the actual paved area is unlikely to be widened to the extent
that reduction in the required SETBACK will result in the
SIGN being any closer than 30 feet to the edge of pavement;
Page 132 of 141
ii. Where due to the existing site conditions and
improvements, it can be demonstrated that adherence to the
required minimum required SETBACK will have a
deleterious effect on the safety of users of the site from the
perspective of vehicular parking and vehicular and
pedestrian ingress and egress;
iii. Where due,.. to the nature and location of existing
landscape features and/or specimen trees, it would be
prudent to allow for a reduction in the required SETBACK so
as to most appropriately locate the SIGN STRUCTURE; or
iv. The extent of the reduction is the minimum amount
necessary to provide relief from the applicable conditions
cited above.
2. Wall, mansard, canopy or awning SIGNS. One wall, mansard,
canopy or awning SIGN shall be permitted for each single-occupancy
PARCEL, or for each establishment in a multiple-occupancy PARCEL.
End units within SHOPPING CENTERS, or single occupancy
PARCELS where there is double FRONTAGE on a public RIGHT-OF-
WAY, shall be allowed two SIGNS, but such SIGNS shall not be
placed on one wall. Retail businesses with a floor area of larger than
25,000 square feet and a front wall length of more than 200 linear feet,
are allowed three wall SIGNS; however, the combined area of those
SIGNS shall not exceed the maximum allowable display area for
SIGNS by this Code.
a. The maximum allowable display area for SIGNS shall not be
more than 20 percent of the total square footage of the visual
FACADE of the BUILDING to which the SIGN will be attached and
shall not, in any case, exceed 150 square feet for BUILDINGS or
units up to 24,999 square feet, 200 square feet for BUILDINGS or
units between 25,000 and 59,999 square feet and 250 square feet
for BUILDINGS over 60,000 square feet in area.
3. Projecting SIGNS. Projecting SIGNS may be substituted for wall or
mansard SIGNS provided that the display area of the projecting SIGN
shall not exceed 60 square feet of display area.
a. Projecting SIGNS shall not project more than four feet from
the BUILDING wall to which it is attached.
b. Projecting SIGNS shall not extend above the roofline of the
BUILDING to which it is attached.
Page 133 of 141
._--^ '.'..0__.- ---
c. Projecting SIGNS shall not project into the public RIGHT-
OF-WAY.
d. Projecting SIGNS which project over any pedestrian way
shall be elevated to a minimum height of eight feet above such
pedestrian way.
4. Under-canopy SIGNS. In addition to any other SIGN allowed by this
Code, one under-canopy SIGN shall be allowed for each establishment
in a SHOPPING CENTER. This SIGN shall not exceed six square feet
in area and shall be a minimum of eight feet above finished GRADE.
Under canopy SIGNS do not require a BUILDING permit unless the
SIGN is equipped with an electrical component.
5. Signage for AUTOMOBILE SERVICE STATIONS. The following
are the only SIGNS allowed in AUTOMOBILE SERVICE STATIONS
and convenience stores with gas pumps.
a. Window SIGNS: As allowed in section 5.06.03 of this Code.
b. An illuminated corporate logo with a maximum area of 12
square feet shall be allowed on a canopy face which is ADJACENT
to a dedicated STREET or highway. Otherwise, ACCENT
LIGHTING, back lighting and accent striping are prohibited on
canopy STRUCTURES.
c. One ground SIGN shall be permitted for each site and shall
be placed within a 200 square foot landscaped area. Height is
limited so that the top edge of the SIGN face is less than eight feet
above GRADE. Maximum permitted area 60 square feet.
d. Signage, logos, advertising and information are prohibited
above gas pumps.
e. Wall SIGNS: As allowed in paragraph 2. above of this Code.
f. SIGNS: As allowed in section 5.06.03 of this Code.
6. SIGNS within planned unit DEVELOPMENTS (PUDs). Pursuant to
the purpose and intent of this division, creative, flexible and uniform
comprehensive SIGN plans providing for size, location, type, and
common architectural design standards, are encouraged within all
PUD zoning districts, and specifically required for PUDs containing in a
commercial component. SIGN classes and sizes for planned unit
DEVELOPMENTS should be the same as the standards found within
this Code for the zoning district the DEVELOPMENT most closely
Page 134 of 141
resembles, unless such planned unit DEVELOPMENTS have
comprehensive SIGN standards contained in the PUD document.
7. Flags. Residential properties that have been issued a certificate of
occupancy may display up to three non-commercial flags. Three non-
commercial flags may be displayed at the entrance of a commercial,
office, industrial or residential DEVELOPMENT. Where these
DEVELOPMENTS have multiple entrances, any entrance may have up
to three flags each, provided: the DEVELOPMENT is at least ten acres
in size, any entrance with flags is providing ingress/egress only off a
roadway that is designated a collector or arterial in the traffic element
of the growth management plan, and all entrances with flags are at
least 300 feet apart. Four additional flags may be displayed within a
DEVELOPMENT provided the flags are not visible to motorists along
any FRONTAGE roadways. The four internally displayed flags may be
increased by up to eight additional flags for maximum total of 12 flags
with the amount of the proposed increase to be determined by the
County Manager or his designee, provided: all proposed flags would
not be visible to motorists along any FRONTAGE roadways and the
County Manager or his designee determines that the display of the
extra flags is essential to the theme and design of the
DEVELOPMENT.
a. All flagpoles with a height in excess of 15 feet above finished
GRADE or that extend more than ten feet from any BUILDING that
they are attached to shall be subject to the BUILDING permit
process. As a condition of permitting, the flagpole foundation or
attachment shall be designed by a Florida registered engineer on a
signed and sealed drawing showing construction details and
maximum flag area that is supportable. Certified designing and
sealing shall not be required where flagpoles are located at a
distance exceeding their height plus five feet from all
STRUCTURES (except those designed solely for storage), property
boundaries, utility lines and poles, and pedestrian/vehicular
accessways and roadways open to the general public or the
residents of that community.
b. On single-family or DUPLEX LOTS flagpoles shall not
exceed 30 feet in height above finished GRADE. For all other
residential zoned PARCELS, flagpoles shall not exceed 35 feet in
height from the finished GRADE or extend more than 20 feet from
any BUILDING to which they are attached. In the estates,
agricultural or conservation districts flagpoles shall not exceed 35
feet in height above finished GRADE. In all other zoning districts,
flagpoles shall not exceed 50 feet in height from the finished
GRADE, nor extend more than 20 feet from any BUILDING to
Page 135 of 141
.____ .""_~_. uu___" _"_._
which they are attached, nor shall the width of the flag exceed 30
percent of the length of the pole to which it is attached.
c. All flags in all zoning districts shall have a minimum five foot
SETBACK from all property lines.
8. Temporary SIGNS. The erection of any temporary SIGN shall
require permitting as established within section 10.02.06 G. unless
otherwise indicated herein. APPLICANTS for temporary SIGN permits
shall pay the minimum fee established for said permit. Temporary
SIGNS shall be allowed subject to the restrictions imposed by this
section and other relevant parts of this Code.
a. Political SIGNS. Political campaign SIGNS and posters shall be
permitted subject to the following requirements:
i. Prior to the erection, installing, placing, or displaying
of a political SIGN a bulk temporary permit shall be obtained.
The permit number shall appear on every SIGN or on the
pole supporting the SIGN. The fee for said bulk permit shall
be as adopted by resolution by the board of county
commissioners. A cash bond in the amount of $500.00 shall
be posted with the Collier County Community
DEVELOPMENT and Environmental Services Division to
insure adequate clean up and removal of all political SIGNS
installed under the said permit. This bond is not intended to
replace the APPLICANT'S responsibility to remove all
political SIGNS installed under the said permit. The Collier
County Community DEVELOPMENT and Environmental
Services Division shall return such bond to the permittee if
all SIGNS for the candidate or the issue for which the permit
was issued are removed within seven days after the election.
I n the case of noncompliance with the requirements of this
Code the bond will be forfeited.
ii. Political campaign SIGNS or posters within
residentially zoned or used property shall not exceed four
square feet in size, and shall not be located closer than five
feet to any property line. Political SIGNS placed within
residential districts shall require written permission from the
Page 136 of 141
property owner.
iii. Political campaign SIGNS or posters will be permitted
in all other zoning districts within a maximum copy area of 32
square feet per SIGN, and shall be located no closer than
ten feet to any property line. The number of such SIGNS
shall be limited to one SIGNS for each LOT or PARCEL per
bulk permit issued fC?r each candidate or issue.
iv. All supports shall be securely built, constructed and
erected to conform with the requirements of this Code.
v. The maximum height of any political campaign SIGN
or poster, except those that may be affixed to a wall, shall be
limited to eight feet.
vi. Political SIGNS shall be erected not more thah 45
calendar days prior to an election or political event, and shall
be removed within seven calendar days after the election,
event, or after the campaign issue has been decided. :
I
I
b. Grand opening SIGNS. An occupant may display an on-site
grand opening SIGN not exceeding 32 square feet. The banner
SIGN shall be anchored and may be displayed on-site for a period
not exceeding 14 days within the first three months that the
occupant is open for business.
c. Special events SIGNS. A special events SIGN not exceeding 32
square feet in size may be displayed to announce or advertise such
temporary uses as fairs, carnivals, circuses, revivals, sporting
events, or any public, charitable, educational event. Such SIGN
shall be located no closer than ten feet to any property line. Such
SIGNS shall require a BUILDING permit. Special event SIGNS
shall be erected not more than 15 calendar days prior to the
advertised event and shall be removed within seven calendar days
after the event has taken place.
d. "Coming soon SIGNS." A temporary use permit may be
granted, at the discretion of the County Manager or his designee,
for a "coming soon" SIGN located within a non-residential district.
This SIGN must not exceed 32 square feet and the temporary use
permit number must be placed at the base of the SIGN not less
than one-half inch from the bottom. The SIGN must not be
displayed for a period of more than six months from the issuance of
a BUILDING permit or until the issuance of a permanent SIGN,
whichever occurs first. The non-refundable fees for this temporary
Page 137 of 141
.-. ^.. ""<- ~--, --...,.. , --~
use permit will be calculated by the board of county commissioners
and are subject to change.
A "coming soon" SIGN is defined as a ground SIGN used to inform
the public of the entry of a new business within a six-mo'nth time
period. However, this SIGN may not be located within any public
RIGHT-Of-WAY or EASEMENT.
9. Special purpose SIGNS (on-site). Due to the unique and varied
nature of the following uses, additional SIGNS may be required to
provide the desired LEVEL Of SERVICE to the public. Special
purpose SIGNS shall be permitted as follows:
a. Time and temperature SIGNS. One time and temperature SIGN
having a surface area not exceeding 12 square feet shall be
permitted at each industrial, commercial or other non-residentially
zoned property. Such SIGNS may be affixed to the STRUCTURE
of a pole or ground SIGN. Such SIGN shall require a BUILDING
permit.
b. Barber Pole SIGNS. All traditional size (not more than 54
inches in height and not more than 6 inches in diameter) and style
barber poles which contain any illuminated moving or rotating part
may be permitted as a lawful SIGN if the following and all other
applicable requirements are met:
i. The barber pole SIGN is attached to the exterior wall of an
establishment providing the services of a licensed barber;
ii. Each such establishment (barbershop, salon, etc.) is
limited to only one barber pole SIGN;
iii. No barber pole SIGN may move or rotate except when
the establishment is open and providing the services of a
licensed barber; and
iv. All barber pole SIGNS that illuminate, whether or not they
rotate, otherwise comply with sec. 5.06.06 C.13. for
illuminated SIGNS.
10. Commercial, business park and industrial directional or
identification SIGNS. Directional or identification SIGNS no greater
than six square feet in size, four feet in height, and located internal to
the SUBDIVISION or DEVELOPMENT and with a minimum
SETBACK of ten feet, may be allowed subject to the approval of the
County Manager or his designee, or his designee. Such SIGN shall
Page 138 of 141
only be used to identify the location or direction of approved uses such
as sales centers, information centers, or the individual components of
the DEVELOPMENT. Directional or identification SIGNS maintaining a
common architectural theme may be combined into a single SIGN not
to exceed six feet in height and 64 square feet in area. Such SIGNS
shall require a BUILDING permit. For signage to be located along the
Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and
the Golden Gate Master Plc;i[!. Logos shall not occupy more than 20
percent of the directional SIGN area when the said SIGN is more than
six square feet in area. Directional SIGNS are 'also subject to
restrictions of section 5.06.02 of this Code.
11. On-premise SIGNS within agricultural districts in the' rural
agricultural area designated on the future land use map of the growth
management plan. On-premises SIGNS shall be permitted within
agriculturally zoned or used property, for agri-commercial uses defined
within the Collier County zoning ordinance only, and subject to the
following restrictions:
a. One pole or ground SIGN identifying the farm organization,
located at the entrance or gate of each STREET fRONT AGE,! and
only for permitted AGRICULTURAL USES. The maximum
allowable SIGN area for each pole or ground SIGN shall not
exceed 100 square feet with a maximum height of 20 feet, and shall
be located a minimum of 15 feet from any property lines, public or
private RIGHT-Of-WAY or EASEMENT.
i. On premise SIGNS within agricultural zoned districts in
the urban area shall comply with the requirements of section
5.06.04 A. of the Land DEVELOPMENT Code.
b. Seasonal farm SIGNS (on-site). One temporary ground SIGN,
with a maximum height of ten feet, and located a minimum of ten
feet from any property line, public or private RIGHT-Of-WAY or
EASEMENT, identifying the farm, farm organization, entrance, or
gate not exceeding 32 square feet in area. This SIGN shall be used
to identify temporary agricultural offices so as to expedite the
exportation of crops to various parts of the county. Such SIGNS
shall be permitted for a period not to exceed 30 days and may be
issued only twice in any calendar year. Such SIGNS shall require a
BUILDING permit.
c. V-Pic SIGNS. One U-Pic SIGN located at the entrance on each
STREET fRONT AGE. The maximum allowable SIGN area for
each U-Pic SIGN shall not exceed 32 square feet in area and a
maximum height of ten feet, and shall be located a minimum of ten
Page 139 of 141
-".,-....- .'. -- ... --"---.--- <~.-
feet from any property line, public or private RIGHT-Of-WAY or
EASEMENT.
d. Wall, mansard canopy or awning SIGNS within agricultural
districts. Wall, mansard, canopy or awning SIGNS shall be
permitted within agriculturally zoned or used property, for agri-
commercial uses defined within the Collier County zoning
ordinance only, and subje9~ to the following restrictions:
i. One wall or mansard, canopy or awning SIGN shall
be permitted for each PRINCIPAL USE STRUCTURE on the
PARCEL. Comer PARCELS or double-fRONTAGE
PARCELS shall be allowed one SIGN per STREET
fRONT AGE, but such SIGNS shall not be combined for the
purpose of placing the combined area on one wall. The
maximum allowable display area for any SIGN shall not be
more than 20 percent of the total square footage of the wall
to which it is affixed, and shall not in any case exceed 250
square feet in area per SIGN. I
12. Off-premises directional SIGNS. Off-premises directional SIGNS
are permitted subject to review and approval of the design and location
of such SIGNS by the County Manager or his designee, or his
designee, if the following requirements are met:
a. Off-premises directional SIGNS shall only be permitted in
non residentially zoned, or agricultural districts.
b. No more than two one-sided or one double-sided off-premise
directional SIGNS shall be permitted, identifying the location and
nature of a BUILDING, STRUCTURE, or use which is not visible
from the ARTERIAL ROADWAY serving such BUILDING,
STRUCTURE, or uses, provided:
i. Each SIGN is not more than 12 square feet in area.
ii. The SIGN is not more than eight feet in height above
the lowest center GRADE of the ARTERIAL ROADWAY.
Hi. The SIGN is located no closer than ten feet to any
property line.
iv. The APPLICANT must submit with the permit
application notarized, written permission from the property
owner where the off-site SIGN is located.
Page 140 of 141
v. The SIGN shall only be located within 1,000 feet of
the intersection of the ARTERIAL ROADWAY serving the
BUILDING, STRUCTURE, or use.
c. Off-premises directional SIGNS shall not be located closer
than 50 feet from a residentially zoned district.
d. Off-premises directional SIGNS shall not be located closer
than 100 feet from another off-premises directional SIGN.
13. Illuminated SIGNS. All illuminated SIGNS shall have electrical
components, connections, and installations that conform to the
National Electrical Code, and all other applicable federal, state, and
local codes and regulations. Further, lighted SIGNS shall: be shielded
in such a manner as to produce no glare, hazard or nuisance to
motorists or occupants of ADJACENT properties; nor be reflective or
phosphorescent; have a steady nonfluctuating or nonundulating light
source.
Page 1 41 of 1 41
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6.01.00 GENERALL Y
6.01.01 Utilities Required to be Installed Underground
6.01.02 Easements
6.01.03 Soils
6.01.04 Removal of Exotic Plants Required
6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS
6.02.01 Generally
6.02.02 Management and Monitoring Program
6.02.03 Transportation Level Of Service Requirements
6.02.04 Drainage Facility level Of Service Requirements
6.02.05 Drainage facility Level Of Service Requirements
6.02.06 Potable Water Facility level Of Service Requirements
6.02.07 Sanitary Sewer Facility Level Of Service Requirements
6.02.08 Solid Waste Facility level Of Service Requirements
6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD
6.03.01 Central Sewage System Requirements
6.03.02 Individual Sewage System Requirements
6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS
6.04.01 Central Water System Requirements
6.04.02 Individual Water System Requirements
6.04.03 fire Hydrants
6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE
IMPROVEMENTS STANDARDS
6.05.01 Stormwater Management Sytem Requirements
6.05.02 Seawalls and Bulkheads
6.06.00 TRANSPORT A TION SYSTEM STANDARDS
6.06.01 Street System Requirements
6.06.02 Sidewalks and Bike lane Requirements
--- --
6.06.03 Streetl ig hts
6.06.04 Bridges
6.06.05 Clear Sight Distance
CHAPTER 6 -INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
fACILITIES REQUIREMENTS
6.01.00 GENERALLY
6.01.01 Utilities Required to be Installed Underground
All permanent utilities, including franchised utilities, power and light,
telephone, water, sewer, cable television, wiring to streetlights, and gas
shall be installed underground. This section shall app'ly to all cables,
conduits, or wires within SUBDIVISIONS or DEVELOPMENTS forming
part of an electrical distribution system, including service lines to individual
properties and main distribution feeder electrical lines delivering power to
local distribution systems. However, agricultural land, industrial land,
commercial sites, and residential LOTS larger than two (2) acres may be
exempted from this requirement by the County Manager or designee if
costs for the utilities to be placed underground are demonstrated to be
unreasonably prohibitive. This section does not apply to wires, conduits, or
associated apparatus and supporting STRUCTURES whose exclusive
function is for the transmission or distribution of electrical energy between
DEVELOPMENTS or SUBDIVISIONS, generating stations, substations
and transmission lines of other utility systems, or along the perimeter line
of SUBDIVISIONS or DEVELOPMENTS. Appurtenances such as
transformer boxes, pedestal mounted terminal boxes, meter cabinets,
service terminals, telephone splice closures, pedestal type telephone
terminals, or other similar "on the ground" facilities normally used with and
as a part of the underground distribution system may be placed above
ground but shall be located so as not to constitute a traffic hazard.
EASEMENTS shall be coordinated with the appropriate public utility
providers with verification to the County Manager or designee before final
SUBDIVISION plat and improvement plans approval. The installation of
underground utilities or relocating existing facilities as prescribed by this
section shall be in conformance with the respective utility's rules and
regulations.
A. Utility Casings
SUBDIVISIONS or DEVELOPMENTS providing water services shall
install no less than four-inch conduits to each alternate LOT on the
opposite side of the STREET from the main distribution line for each
STREET prior to the completion of roadway construction or as required by
applicable utility. Additionally, all casings for irrigation facilities, STREET
lighting and other utility services such as electric, telephone, cable
television, and the like shall be placed under all proposed STREETS prior
to the completion of the stabilized subgrade.
Page 1 of 33
<<--'.-'-"- --- __.__u._
6.01.02 EASEMENTS
If applicable, EASEMENTS shall be provided along LOT LINES or along
the alignment of the improvements requiring EASEMENTS in accordance
with all design requirements so as to provide for proper ACCESS to, and
construction and maintenance of, the improvements. All such
EASEMENTS shall be properly identified on the preliminary
SUBDIVISION plat and dedicated on the final SUBDIVISION plat.
A. Utility EASEMENTS.
1. Utility EASEMENTS no less than ten (10) feet wide, unless
otherwise approved by the County Manager or designee pursuant
to Chapter 10, shall be provided to accommodate all required
utilities to, across, or along LOTS and, where possible, shall be
centered on LOT LINES with convenient ACCESS for
maintenance. Utility EASEMENTS and drainage EASEMENTS
shall not be combined without prior approval of the County
Manager or designee; drainage EASEMENTS shall take
precedence and be so noted on the final SUBDIVISION plat.
2. All utility EASEMENTS for water and sewer facilities that will be
conveyed to the Collier County Water-Sewer District shall be
separately identified and dedicated on the final SUBDIVISION plat
as "County Utility EASEMENT" (C.U.E.) and shall be a minimum of
fifteen (15) feet wide unless otherwise approved by the utility
division. Except when crossing other EASEMENTS, such
EASEMENTS shall not be inconsistent with other existing utility
EASEMENTS, or later subjected to uses inconsistent with the use
of the EASEMENT area for utility purposes unless otherwise
approved by the County Manager or designee pursuant to the
conditions in Chapter 10.
B. Drainage EASEMENTS.
1. Drainage EASEMENTS shall be provided to accommodate open
DRAINAGE FACILITIES at a width no less than a total of ten (10)
feet. The actual size of the EASEMENT in excess of the ten (10)
foot minimum shall be determined based on the hydraulic design of
the FLOWW A Y and the use of bank stabilization approved by the
County Manager or designee or minimum side slopes at a four to
one (4: 1) ratio, without stabilization.
2. Where underground drainage STRUCTURES are installed, the
EASEMENT width shall be sized to accommodate construction,
maintenance, and replacement of said STRUCTURES. In no case
shall said EASEMENT be less than fifteen (15) feet in width,
unless otherwise approved by the County Manager or designee
pursuant to Chapter 10.
Page 2 of 33
3. When a SUBDIVISION or DEVELOPMENT includes or requires
ACCESS across canals, watercourses, water bodies, streams,
drainageways, channels, naturally occurring WETLANDS (that are
to be preserved), or the like, a drainage EASEMENT and adjoining
maintenance/ACCESS EASEMENT shall be provided which
conforms substantially to the lines of such watercourses unless
otherwise approved by the County Manager or designee pursuant
to Chapter 10. Maintenance and ACCESS EASEMENTS for the
SUBDIVISION'S or DEVELOPMENT'S approved water
management system shall be created and sized in compliance with
the rules and regulations of the South Florida Water Management
District (SFWMD), as amended. For canals or waterways,
maintenance/ACCESS EASEMENTS shall be provided in
accordance with requirements of the entity with responsibility for
maintenance/ACCESS. Drainage EASEMENTS shall be created
to provide for the flow of surface waters from contributory areas.
C. Protected/preserve area and EASEMENTS.
A nonexclusive EASEMENT or tract in favor of the County, without any
maintenance obligation, shall be provided for all "protected/preserve"
areas required to be designated on the preliminary and final
SUBDIVISION plats. Any buildable LOT or PARCEL subject to or
ABUTTING a protected/preserve area required to be designated on
the preliminary and final SUBDIVISION plats shall have a minimum
twenty-five (25) foot SETBACK from the boundary of such
protected/preserve area in which no principle STRUCTURE may be
constructed. Further, the preliminary and final SUBDIVISION plats
shall require that no ALTERATION, including ACCESSORY
STRUCTURES, fill placement, grading, plant ALTERATION or
removal, or similar activity shall be permitted within such SETBACK
area without the prior written consent of the County Manager or
designee; provided, in no event shall these activities be permitted in
such SETBACK area within ten (10) feet of the protected/preserve
area boundary, unless the above SETBACKS are accomplished
through BUffERING pursuant to section 4.06.00.
6.01.03 Soils
The construction plans for the SUBDIVISION or DEVELOPMENT shall
show the location and results of test borings of the subsurface condition of
the tract to be developed. If the soil investigations reveal that the area
contains hardpan, other non pervious soils, peat, muck, or other unstable
materials, the County Manager or designee shall require that adequate
precautionary measures be included in the design and construction of the
improvements to ensure that proper drainage and DEVELOPMENT of the
area can be accomplished, in a manner which will prevent premature
deterioration of the improvements.
Page 3 of 33
-~~ .._~ " -.".. .--- "_~_u_.',
6.01.04 Removal of Exotic Plants Required
All prohibited exotic plants, as defined in section 3.05.00, shall be
removed during each phase of construction from DEVELOPMENT areas,
OPEN SPACE areas, and preserve areas pursuant to section 3.05.00.
Following site DEVELOPMENT, a maintenance program shall be
implemented to prevent reinvasion of the site by prohibited exotic species.
This plan shall describe control techniques and inspection intervals, and
shall be filed with, and approved by, the County Manager or designee
prior to approval of the improvement plans and final SUBDIVISION plat.
Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the
determination of areas within DEVELOPMENTS to be preserved.
6.02.00 ADEQUATE PUBLIC fACILITIES REQUIREMENTS
6.02.01 Generally
A. This section is intended to implement and be consistent with the GMP,
S 163.3161 et. seq., F.S., and the Florida Administrative Code, by
ensuring that all DEVELOPMENT in the County is served by adequate
public facilities. This objective is accomplished by the following:
1. Establishing a management and monitoring system to evaluate
and coordinate the timing and provision of the necessary public
facilities to serve DEVELOPMENT.
2. Establishing a regulatory program that ensures that each public
facility is available to serve DEVELOPMENT concurrent with the
impacts of DEVELOPMENT on the public facilities.
3. No approval of the final SUBDIVISION plat, improvement plans, or
authorization to proceed with construction activities in compliance
with the same shall require the County to issue a DEVELOPMENT
ORDER or BUILDING permit if it can be shown that issuance of
said DEVELOPMENT ORDER or BUILDING permit will result in a
reduction in the LEVEL Of SERVICE for any public facility below
the LEVEL OF SERVICE established in the GMP, or if issuance of
said DEVELOPMENT ORDER or BUILDING permit is inconsistent
with the GMP. Anything in this section to the contrary
notwithstanding, all SUBDIVISION and DEVELOPMENT shall
comply with the Collier County requirements for adequate public
facilities.
B. Procedures for determinations of vested rights for adequate public
facilities are set forth in Chapter 10.
C. Procedures for applications for certificates of public facility adequacy
are set forth in Chapter 10.
D. For the purposes of this section only, the following terms are defined
as follows:
1. Capital DRAINAGE FACILITIES means the planning of,
engineering for, acquisition of land for, or the construction of
Page 4 of 33
drainage and water management facilities necessary for proposed
DEVELOPMENT to meet the (LOS) for DRAINAGE fACILITIES.
2. Capital road facilities or capital road improvement means and will
include transportation planning for, engineering of, RIGHT-Of-
WAY acquisition for, and construction of any project eligible for
inclusion as a road project in the road component of the (CIE) of
the GMP or the Five-Year FDOT Work Program.
3. Capital potable water facilities mean the planning of, engineering
for, acquisition of land for or construction of potable water facilities
necessary to meet the Le'S for potable water facilities.
4. Capital sanitary sewer t.:.'..'ities mean the planning of, engineering
for, acquisition of land 'or, or construction of sanitary sewer
facilities necessary to mf.;~ the LOS for sanitary sewer facilities.
5. Capital SOLID WASTE 1. cilities mean the planning of, engineering
for, acquisition of land '':!r, or construction of SOLID WASTE
facilities necessary to me 'the LOS for SOLID WASTE facilities.
6. Comprehensive plan meL 'is a plan that meets the requirement of
~~163.3177 and 163.3178, F.S., and shall mean the GMP, where
referenced in this section.
7. Constrained facilities are those road facilities which have been so
designated by action of the Bee upon the recommendation of the
County Manger or designee once it has been determined that the
road facility will not be expanded by two or more through lanes due
to physical, environmental, or policy constraints,
8. Physical constraints exist when intensive land use
DEVELOPMENT is immediately ADJACENT to existing through
lanes making road facility expansion cost prohibitive, or when a
road facility has reached the maximum through lane standards
acceptable the to the county. For county maintained facilities, the
maximum through lane standard for a road facility will be no
greater than six through lanes with allowances for auxiliary or
service lanes as deemed operationally necessary. For state
maintained facilities, the maximum through lane standard will be as
designated by the FOOT.
9. Environmental and policy constraints exist when decisions are
made not to expand a road facility based on environmental,
historical, archeological, aesthetic or social impact considerations.
Policy constraints are artificial barriers to road facility expansions
based on environmental or political realities within a community.
Unlike physical constraints, however, these barriers to road facility
expansion can change over time, as needs and community goals
change.
Page 5 of 33
. -- ,-.-.. -_._-
10. Deficient road segment means a county or state road segment on
the major road network system that is operating below its adopted
(LOS) standard as determined by roadway service volumes
calculated by the County Manager or designee.
11. Transportation CONCURRENCY Management System means a
"real time" CONCURRENCY system that tracks and allocates the
available roadway capacity on a continuous basis with quarterly
status reports to the Board. Trips generated from proposed
DEVELOPMENTS will be added to the trips approved to date and
the existing background traffic counts to determine if there is
available capacity for each new DEVELOPMENT to be approved,
in whole or part, as proposed DEVELOPMENT PLANS are
submitted.
12. Proportionate share payment means a payment by a developer to
Collier County to be used to enhance roadway operations, mass
transit operations or other non-automotive transportation
alternatives.
6.02.02 Management and Monitoring Program
A. Generally.
In order to implement the mandate of the GMP to ensure that adequate
potable water, sanitary sewer, SOLID WASTE, drainage, park, and road
public facilities are available to accommodate DEVELOPMENT in the
County concurrent with the impacts of DEVELOPMENT on such public
facilities, the BCC establishes, pursuant to the terms of this section: (1) a
management and monitoring program that evaluates the conditions of
public facilities to ensure they are being adequately planned for and
funded to maintain the LOS for each public facility, and (2) a regulatory
program that ensures that each public facility is available to serve
DEVELOPMENT ORDERS which are subject to the provisions of this
section.
B. Annual update and inventory report on public facilities.
The County Manager or designee shall complete an annual update and
inventory report on public facilities (AUIR). The AUIR shall include an
analysis of the existing conditions of all capital potable water, capital
sanitary sewer, capital SOLID WASTE, capital drainage, capital park, and
capital road public facilities; summarize the available capacity of these
capital improvements (public facilities) based on their LOS; forecast the
capacity of existing and planned public facilities identified in the five (5)
year capital improvement schedule for each of the five (5) succeeding
years, and ten (10) succeeding years for SOLID WASTE landfill capacity;
and identify new projects needed to maintain or restore adopted LOS. The
forecasts shall be based on the most recently updated schedule of capital
improvements and Capital Improvements Plan (CIP) or Master Plan for
Page 6 of 33
each public facility. The AUIR shall be based on the most recent
University of Florida bureau of economic and business research (BEBR),
or BEBR influenced Water and Sewer Master Plan, population projections,
updated public facility inventories, updated unit costs and revenue
projections, and analysis of the most recent County traffic data. The
findings of the AUIR shall form the basis for the preparation of the next
annual update and amendment to the CIE, the determination of any area
of significant influence (ASI)" and the review and issuance of
DEVELOPMENT ORDERS subject to the provisions of this section during
the next year.
C. Annual determination of adequate "Category A" public facilities
(CONCURRENCY).
The County Manager or designee will annually present the AUIR to the
BCC, identifying deficiencies or potential deficiencies in potable water,
sewer, sold waste, drainage, parks, and roads public facilities and
remedial action options including, but not limited to, the following:
1. Establishment of an ASI;
2. Public facility project additions to the financially feasible CIE;
3. Establish interim DEVELOPMENT controls in affected service
areas pending:
a. Lowering of LOS via GMP amendment;
b. Inclusion of necessary public facility projects in the next
adopted annual budget and next annual CIE update and
amendment;
c. Approval of new or increased revenue sources for needed
public facility projects by the BCC, the state legislature, or the
County voters; or
d. Private DEVELOPMENT improvements guaranteed by an
enforceable DEVELOPMENT AGREEMENT.
D. The findings of the AUIR, once approved by the BCC, will form the
basis for the preparation of the next annual update and amendment of
the CIE and the annual determination of deficient or constrained
"Category A" facilities. The AUIR will identify additional projects and
funding for inclusion in the Schedule of Capital Improvements and the
Costs and Revenues Schedule of the CIE needed to maintain or
restore adopted LOS for all "Category A" facilities for the next five (5)
years. The BCC shall provide direction to update and amend the CIE
to include projects and revenues (within the first or second years for
roads) needed to maintain or restore adopted LOS. Said direction
shall constitute a finding of concurrent "Category A" facilities, except
roads, for the review and issuance of DEVELOPMENT ORDERS
subject to the provisions of this section until the presentation of the
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-".. "-.--.
next AUIR, except for any ASI designated areas or other areas subject
to interim DEVELOPMENT controls. In addition to identifying needed
capacity expansion projects and revenues for inclusion in the next CIE
update, the road facilities component of the AU/R will include an audit
and update of the capacity balances in the Transportation
CONCURRENCY Management System database. The update shall
factor in all such DEVELOPMENT approvals since the previous AUIR
that generate trips along each road segment and the effect of capacity
expansion projects included in the financially feasible Schedule of
Capital Improvements of the CIE The AUIR shall be the annual
baseline of an ongoing, real-time CONCURRENCY determination for
roads.
E. Recommendations on the annual CIE update and annual budget.
Based upon the prior calendar year's AUIR analysis and BCC direction,
the County Manger or designee shall recommend to the Planning
Commission and the BCC an annual update and amendment to the CIE
as part of the annual GMP amendment cycle. The recommendation will
include the proposed financially feasible public facilities Schedule of
Capital Improvements needed to maintain or restore adopted LOS
standards as well as recommendations for the annual budget, projects,
and suggested funding sources.
F. Designation of deficient and constrained roadway segments.
Deficient roadway segments may be designated as constrained whenever
they meet the terms set forth in subsections 6.02.01 D.? of the LDC.
G. Regulation of growth along roadway segments designated
constrained.
Roadway segments once designated as constrained are subject to the
growth restrictions set forth below which are intended to ensure that
further LOS degradation does not occur. Except as provided for below in
Transportation CONCURRENCY Exemption Areas (TCEA) and
Transportation CONCURRENCY Management Areas (TCMA), deficient
constrained roadway segments are subject to growth restrictions on
DEVELOPMENT that will not allow for approval of a fiNAL LOCAL
DEVELOPMENT ORDER resulting in an increase in peak hour traffic
volume above the adopted LOS standard.
H. Regulation of growth along deficient roadway segment(s).
Except as provided for below In Transportation CONCURRENCY
Exemption Areas (TCEA) and Transportation CONCURRENCY
Management Areas (TCMA), no trips shall be allotted under a Certificate
of Public Facility Adequacy for DEVELOPMENT that directly ACCESSES
and generates more than a de minimis impact (de minimis impact is
defined as traffic impact of one (1) percent or less of the peak hour service
volume) on the deficient roadway segment(s) or for which the significance
Page 8 of 33
test in (N) below indicates that the DEVELOPMENT will generate more
than a de minimis impact on the deficient roadway segment(s).
J. Transportation CONCURRENCY Exemption Area Designated.
Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the
South U.S. 41 Transportation CONCURRENCY Exception Area (TCEA) is
designated. DEVELOPMENT located within the South U.S. 41 TCEA
(Map TR-4) shall be exempt from transportation CONCURRENCY
requirements, so long as impacts to the transportation system are
mitigated using the procedures below.
1. Any proposed DEVELOPMENT within the CONCURRENCY
exception area that would reduce the LOS on Florida Intrastate
Highway System (FIHS) roadways within the County by more than
5% of the capacity at the adopted LOS standard must meet the
transportation CONCURRENCY requirements specified in Rule 9J-
S.00SS(3)(c)1-7, F.A.C.
2. Any proposed DEVELOPMENT within the CONCURRENCY
exception area that would reduce the LOS on FIHS roadways
within the County by less than 5% of the capacity at the adopted
LOS standard and meets the requirements identified below in (3)
below are exempt from the transportation requirements of 9J-
S.005S(3)(c)1-7, F.A.C. I
3. Commercial DEVELOPMENTS within the South U.S. 41 TCEA that
choose to obtain an exception from CONCURRENCY
requirements for transportation will provide certification from the
Transportation Division that at least four (4) of the following
Transportation Demand Management (TDM) strategies will be
utilized:
a. Preferential parking for carpools and van pools that is expected
to increase the average vehicle occupancy for work trips
generated by the DEVELOPMENT
b. Parking charge that is expected to increase the average vehicle
occupancy for work trips generated by the DEVELOPMENT
and/or increase transit ridership.
c. Cash subsidy that is expected to increase the average vehicle
occupancy for work trips generated by the DEVELOPMENT
and/or increase transit ridership.
d. Flexible work schedules that are expected to reduce peak hour
automobile work trips generated by the DEVELOPMENT
e. Compressed work week that would be expected to reduce
vehicle miles of travel and peak hour work trips generated by
the DEVELOPMENT
Page 9 of 33
^. _.~-~
f. Telecommuting that would reduce the vehicle miles of travel and
peak hour work trips generated by the DEVELOPMENT
g. Transit subsidy that would reduce auto trips generated by the
DEVELOPMENT and increase transit ridership.
h. Bicycle and pedestrian facilities or that would be expected to
reduce vehicle miles of travel and automobile work trips
generated by the DEVELOPMENT
i. Including residential units as a portion of a commercial project
that would reduce vehicle miles of travel.
4. Residential DEVELOPMENTS within the South U.S. 41 TCEA that
choose to obtain an exception from CONCURRENCY requirements for
transportation shall obtain certification that at least three (3) of the
following Transportation Demand Management (TDM) strategies will
be utilized:
a. Including neighborhood commercial uses within a residential
project.
b. Providing transit shelters within the DEVELOPMENT (must be
coordinated with Collier County Transit).
c. Providing bicycle and pedestrian facilities, with connections to
ADJACENT commercial properties.
d. Including AffORDABLE HOUSING (minimum of 25% of the
units) within the DEVELOPMENT.
e. Vehicular ACCESS to ADJACENT commercial properties with
shared commercial and residential parking.
DEVELOPMENTS within the South U.S. 41 TCEA that do not provide
certification shall meet all CONCURRENCY requirements. Whether or
not a CONCURRENCY exception is requested, DEVELOPMENT
APPLICANTS must submit a Traffic Impact Statement and are subject
to a CONCURRENCY review for the purpose of reserving capacity for
those trips associated with the DEVELOPMENT and maintaining
accurate accounts of the remaining capacity on the roadway network.
CONCURRENCY analysis will be conducted utilizing the significance
tests contained in section 6.02.02 N. below.
An APPLICANT seeking an exception from CONCURRENCY
requirements for transportation through the c~rtification mentioned
above shall submit an application to the Transportation Division
Administrator on forms provided by the Division. Binding commitments
to utilize any of the above techniques relied upon to obtain certification
shall be required as a condition of DEVELOPMENT approval.
Page 10 of 33
K. Transportation CONCURRENCY Management Areas Designated.
Pursuant to Transportation element Policy 5.7 of the GMP, the following
Transportation CONCURRENCY Management Areas are designated:
1 Northwest TCMA - This area is bounded by the Collier - Lee County
Line on the north side; the west side of the 1-75 RIGHT-Of-WAY
on the east side; Pine Ridge Road on the south side; and, the Gulf
of Mexico on the west side (Map TR-S).
2. East Central TCMA - This area is bounded by Pine Ridge Road on
the north side; Collier Boulevard on the east side; Davis Boulevard
on the south side; and, Livingston Road (extended) on the west
side (Map TR-6) with the exception of 1-75 which is not included in
the CONCURRENCY analysis.
L. CONCURRENCY Standard for TCMA. To maintain CONCURRENCY,
each TCMA shall maintain 85% of its north-south lane miles and 85% of
its east-west lane miles at or above the LOS standards described in
Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic
Impact Statement (TIS) for a proposed DEVELOPMENT indicates that
fewer than 85% of the lane miles in a TCMA are achieving the LOS
standards indicated above, the proposed DEVELOPMENT shall not be
permitted where such condition occurs unless modification of the
DEVELOPMENT is made sufficient to maintain the LOS standard for the
TCMA, or the facilities required to maintain the TCMA LOS standard are
committed utilizing the standards for committed improvements in Policy
1.5.3 of the Capita/Improvement Element of the GMP.
M. Proportionate share payments for impacts to constrained or deficient
roadways in a TCMA. Should the TIS for a proposed DEVELOPMENT
reflect that it will impact either a constrained roadway link and/or a
deficient roadway link by more than a de minimis amount (more than 1 %
of the maximum service volume at the adopted LOS), yet continue to
maintain the established percentage of lanes miles indicated in paragraph
(L) above, a proportionate share payment pursuant to Rule 9J-5.005S(9),
F.A.C. shall be required as follows:
1. Proportionate share payments shall be calculated using the formula
established in section 10.02.07 C.4.g. The facility cost for a
constrained roadway link shall be established using a typical "/ane
mile cost" as determined by the Collier County Transportation
Administrator of adding lanes to a similar area/facility type as the
constrained facility.
2. Proportionate share payments shall be utilized by Collier County to
add trip capacity and enhance traffic operations that increase
capacity within the impacted TCMA and/or to 'enhance mass transit
or other non-automotive transportation alternatives that reduce
vehicle trips within the Transportation CONCURRENCY
Management Area.
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. .._~ ..~._- -.--~ -_.~.
3. However, no impact will be de minimis if it exceeds the adopted
level-of-service standard of any affected designated hurricane
evacuation routes within a TCMA. Hurricane routes in Collier
County are shown on Map TR7. Any impact to a hurricane
evacuation route within a TCMA shall require a proportionate share
payment provided the remaining LOS requirements of the TCMA
are maintained.
4. Proportionate share payments under this section are determined
subsequent to a CONCURRENCY determination for a proposed
DEVELOPMENT within a TCMA and do not influence the
CONCURRENCY determination process.
S. In order to be exempt from link specific CONCURRENCY, new
commercial DEVELOPMENT or redevelopment within Collier
County's designated Transportation CONCURRENCY
Management Areas (TCMAs) shall utilize at least two (2) of the
following Transportation Demand Management (TDM) strategies,
as may be applicable: ,
,
a. Preferential parking for carpools and van pools that is expected
to increase the average vehicle occupancy for work trips
generated by the DEVELOPMENT
b. Parking charge that is expected to increase the average vehicle
occupancy for work trips generated by the DEVELOPMENT
and/or increase transit ridership.
c. Cash subsidy that is expected to increase the average vehicle
occupancy for work trips generated by the DEVELOPMENT
and/or increase transit ridership.
d. Flexible work schedules that are expected to reduce peak hour
automobile work trips generated by the DEVELOPMENT.
e. Compressed workweek that would be expected to reduce
vehicle miles of travel and peak hour work trips generated by
the DEVELOPMENT.
f. Telecommuting that would reduce the vehicle miles of travel and
peak hour work trips generated by the DEVELOPMENT.
g. Transit subsidy that would reduce auto trips generated by the
DEVELOPMENT and increase transit ridership.
Page 12 of 33
h. Bicycle and pedestrian facilities that would be expected to
reduce vehicle miles of travel and automobile work trips
generated by the DEVELOPMENT.
I. Including residential units as a portion of a commercial project
that would reduce vehicle miles of travel.
j. Providing transit shelters within the DEVELOPMENT (must be
coordinated with Collier County Transit).
In order to be exempt from link specific CONCURRENCY, new
residential DEVELOPMENT or redevelopment within Collier County's
designated Transportation CONCURRENCY Management Areas
(TCMAs) shall utilize at least two (2) of the following Transportation
Demand Management (TDM) strategies, as may be applicable:
a. Including neighborhood commercials uses within a residential
project.
b. Providing transit shelters within the DEVELOPMENT (must be
coordinated with Collier County Transit).
c. Providing bicycle and pedestrian facilities, with connections to
ADJACENT commercial properties.
d. Including AffORDABLE HOUSING (minimum of 25% of the
units) within the DEVELOPMENT.
e. Vehicular ACCESS to ADJACENT commercial properties.
N. Significance Test.
Impact for traffic impact analysis purposes for a proposed
DEVELOPMENT project will be considered significant:
1. On those roadway segments directly ACCESSED by the project
where project traffic is equal to or greater than three (3) percent of
the adopted LOS standard service volume;
2. For those roadway segments immediately ADJACENT to
segments which are directly ACCESSED by the project where
project traffic is greater than or equal to three (3) percent of the
adopted LOS standard service volume; or
3. For all other ADJACENT segments where the project traffic is
greater than five (5) percent of the adopted LOS standard service
volume.
Page 13 of 33
-, ,- --
Once traffic from a DEVELOPMENT has been shown to be less than
significant on any segment using the above standards, the
DEVELOPMENT'S impact is not required to be analyzed further on
any additional segments.
4. This significance test is applicable to projects inside and outside
TCEAs and TCMAs.
O. Establishment of an ASI for d~ficient road segments.
If the findings of the AUIR analysis identify additional road improvement
projects that would be needed in order to maintain a segment or road
facility's adopted LOS, and such projects are not included in the proposed
annual CIE road component update adopted by the BCC, then the County
Manager or designee, may propose to establish one or more ASI for any
such deficient road segment.
P. Standards in establishing an AS!.
The boundaries for an ASI shall include the limits of the roadway
segment(s) that are deficient as recommended by the County Manager or
designee. I
I
1. After receipt of the proposed boundaries of a potential ASI; the
BCC shall hold public hearings noticed pursuant to the
requirements of Chapter 10 of the LDC. After final consideration of
the proposal and public comment, the BCC may approve the
designation of an ASI (including a map of the impacted roadway
segments), with or without modifications, or determine that
competent substantial evidence has been introduced into the
record to show that the road segment is not deficient and find that
the establishment of an ASI is not necessary to ensure that
DEVELOPMENT ORDERS are served by adequate road public
facilities. The approved ASI(s) will become effective upon adoption
by the BCC.
2. A map showing the deficient roadway segments(s) within each ASI
established by the BCC shall be kept in the community
development and environmental services division and the office of
the clerk to the BCC for review and inspection by the public during
normal business hours.
3. Once the boundaries of an ASI are approved by the BCC, they are
valid for one (1) year, unless dissolved by the BCC or modified in a
subsequent AUIR update.
4. No FINAL LOCAL DEVELOPMENT ORDER for DEVELOPMENT
directly ACCESSING deficient roadway . segments may be
approved if it would add more than a de minimis number of vehicle
trips (i.e., an impact greater than one (1) percent of the peak hour
service volume) to a deficient roadway segment designated as an
AS!. DEVELOPMENT of a SINGLE-FAMILY home on an existing
Page 14 of 33
LOT, tract, or PARCEL of land will be considered to be de minimis
DEVELOPMENT regardless of the number of actual trips that
would be generated.
6.02.03 Transportation LEVEL OF SERVICE Requirements
A. If the proposed land DEVELOPMENT or SUBDIVISION will generate
traffic volumes in excess of 1,000 AVERAGE DAILY TRIPS (ADT) or
100 vehicles per hour, peak hour/peak season, whichever is more
restrictive, then a traffic analysis, prepared by a professional engineer,
shall be provided by the APPLICANT.
B. The analysis shall show the impact on the proposed internal STREETS
of the SUBDIVISION or DEVELOPMENT and existing externally
affected STREETS. The analysis shall be used to determine the
STREET classification, width and number of traffic lanes internal to the
DEVELOPMENT, and any requirements for off-site ( external)
improvements on the existing STREET system per the GMP.
C. LEVEL OF SERVICE calculations for road facilities means calculations
for peak hour traffic on a ;'oadway segment for maximum service
volumes at the adopted LOS. Peak hour is calculated as the 1 oath
highest hour based on a ten (10) month period (omitting February and
March), which is generally equivalent to the 2S0th highest hour for a
twelve (12) month period. For design of roadway capacity projects, the
30th highest hour for a twelve (12) month period at LOS "D" will be
utilized.
D. In assessing the capacity of a County road segment, a state road
segment or TCMA for the purpose of determining whether it is
operating below the adopted LOS, or would based on the traffic
impacts identified in an approved TIS submitted as part of an
application for a final local DEVELOPMENTS order, the County shall
consider:
1. Current roadway facilities including, but not limited to, number of
lanes, provision of turn lanes, operation of intersections, and
number of signals.
2. Capital road improvements under construction, or for which the
construction contract has been let.
3. Any improvements that are guaranteed in an enforceable
DEVELOPMENT AGREEMENT in which the improvements are
completed or under construction, or for which the construction
contract has been let, before the impacts from the
DEVELOPMENT or phased DEVELOPMENT accrue to the
roadway system.
4. Construction of the required capital improvement is included in the
first or second year of either the Florida DOT five (5) year work
program or the first or second year of the Collier County Schedule
Page 1 5 of 33
.---- .,_..-"......~ .
of Capital Improvements adopted as part of the Annual Update and
Amendment of the Capital Improvements Element (CIE) and
Collier County Annual Budget that follows approval of the AUlA.
5. The BCC has made an express finding, after a public hearing, that
the current five (5) year capital improvement schedule is based on
a realistic, financially feasible program of funding from existing
revenue sources.
6. The FINAL LOCAL DEVELOPMENT ORDER is for a project
located within a TCEA or TCMA designated in the GMP which
meet the applicable requirements of Policies 5.5 through 5.9 of the
Transportation Element.
7. The necessary facilities are the subject of a binding commitment
with the developer to contribute fair share funding as provided for
in Policy 5.9 of the Transportation Element, if applicable, or to
construct the needed facilities.
E. Potentially deficient road segments.
1. A County or State road segment shall be considered potentially
deficient when located on the major road network system whose
adopted LOS standard is LOS "C" or LOS "D," peak season, peak
hour, that is presently operated at its adopted LOS, or whose
adopted LOS is LOS "D" peak season, peak hour, and has
operated at LOS "E" peak season, peak hour, for two (2) years or
less, based on the AUIR.
2. A potentially deficient road segment which has an adopted LOS
"0" peak season, peak hour, may operate at LOS "E," peak
season, peak hour, for two (2) years before it shall become a
deficient road segment.
3. A County or State road segment shall be considered potentially
deficient when located on the major road network system whose
adopted LOS standard is liE," peak season, peak hour, that is
presently operating at LOS "E" peak season, peak hour, based on
the AUIR.
4. In determining the capacity of a County road segment or a State
road segment for the purpose of determining whether it is a
potentially deficient road segment, the County shall consider:
e. Any capital road improvement currently in place.
f. Any capital road improvement that is under construction.
g. Any capital road improvement guaranteed in an enforceable
DEVELOPMENT AGREEMENT that includes the provisions in
subsections 6.02.03 E.1. and 6.02.03 E.3.
Page 16 of 33
h. The actual construction of the required capital road
improvement is included and is scheduled to commence in or
before the third year of the State's five (5) year work program
and the County's current five (5) year capital improvement
schedule adopted as part of the GMP.
I. The BCC has made an express finding, after a public hearing,
that the current five (5) year capital improvement schedule is
based on a realistic, financially feasible program of funding
from existing revenue sources.
F. The LOS for capital road facilities on the major road network system
are as set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the
Transportation Element of the GMP.
G. Determination of public facility adequacy for the road component shall
be based upon whether the proposed DEVELOPMENT is outside a
designated ASI or within a designated ASI.
1. For DEVELOPMENT outside a designated ASI, or where no ASI
exists, the road component shall be granted.
2. For DEVELOPMENT within a designated ASI covering a
potentially deficient road segment, the road component shall be
approved, subject to available capacity, if it is demonstrated that
the proposed DEVELOPMENT will not make the potentially
deficient road segment within the ASI a deficient road segment. In
the instance where the proposed DEVELOPMENT will create a
deficient road segment, a certificate of public facility adequacy for
the road component shall be approved only for that portion of the
DEVELOPMENT that does not create the deficient road segment.
For DEVELOPMENT within a designated ASI covering a deficient
road segment, the road component shall be approved only for that
portion of the DEVELOPMENT that does not increase the net trips
on the deficient road segment and does not further deGRADE the
LOS of the deficient road segment.
6.02.04 DRAINAGE FACILITY LEVEL OF SERVICE Requirements
A. The LOS for capital DRAINAGE FACILITIES varies among new or
existing capital DRAINAGE FACILITIES owned or operated by a local
government or other public entity, existing capital DRAINAGE
FACILITIES owned or operated by private persons, and new capital
DRAINAGE FACILITIES owned or operated by private persons.
1. For those capital DRAINAGE FACILITIES (publicly or privately
owned) that are in existence on the effective date of this section
and for those new capital DRAINAGE FACILITIES owned or
operated by a local government or other public entity, the LOS is
the existing LOS as identified (by design storm return frequency
event) in the Collier County Water Management Master Plan.
Page 17 of 33
_~.n".~..... __~..m
2. For new capital DRAINAGE FACILITIES owned or operated by
private persons, the LOS is identified in the GMP.
B. Determination of public facility adequacy for DRAINAGE FACILITIES
shall be granted if the proposed DEVELOPMENT has a drainage and
water management plan that has been approved by the County
Manager of designee as meeting the LOS for Capital DRAINAGE
FACILITIES.
6.02.05 Park and Recreation Facility LEVEL OF SERVICE Req~irements
A. The LOS for capital park and recreation facilities means 2.9412 acres
per 1,000 persons for regional park land; 1.2882 acres per 1,000
persons for community park land; and $240.00 of capital investment
per capita (at current cost) for recreational facilities.
B. Determination of public facility adequacy for park and recreation
facilities shall be based on the following:
1. The required public facilities are in place at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING
permit is issued.
2. The required public facilities are under construction at the time a
final site DEVELOPMENT PLAN, final SUBDIVISION plat, or
BUILDING permit is issued.
3. The required public facilities are the subject of a binding contract
executed for the construction of those public facilities that provides
for the commencement of actual construction within one (1) year of
Issuance of a final site DEVELOPMENT PLAN, final
SUBDIVISION plat, or BUILDING permit.
4. The required public facilities are guaranteed in an enforceable
DEVELOPMENT AGREEMENT that includes the provisions of
subsections 6.02.05 B.1., 6.02.05 B.2., and 6.02.05 B.3.
6.02.06 Potable Water Facility LEVEL OF SERVICE Requirements
A. The LOS for capital potable water facilities varies between public water
systems and private water systems.
1. For the Collier County Water and Sewer District, the LOS is 185
gallons per capita per day (GPCD).
2. For the Goodland Water District, the LOS is 163 GPCD.
3. For the City of Naples unincorporated service area, the LOS is 163
GPCD.
4. For the Everglades City unincorporated service area, the LOS is
163 GPCD.
5. For independent districts and private potable water systems, the
LOS is the sewage flow design standards as identified in Policy
Page 18 of 33
1.3.1 of the Potable Water Sub-Element of the GMP, except that
approved private wells are exempt from these LOS requirements.
B. Determination of public facility adequacy for potable water facilities
shall be based on the following:
1. The required public facilities are in place at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING
permit is issued.
2. The required public facilities are under construction at the time a
final site DEVELOPMENT PLAN, final SUBDIVISION plat, or
BUILDING permit is issued.
3. The required public facilities are guaranteed in an enforceable
DEVELOPMENT AGREEMENT that includes the provisions of
subsections 6.02.06 B.1. and 6.02.06 B.2. of the LOC.
6.02.07 Sanitary Sewer Facility LEVEL OF SERVICE Requirements
A. The LOS for capital sanitary sewer facilities varies between public
sanitary sewer systems and private sanitary sewer systems. The LOS
for the North Sewer Area is 145 GPCD. The LOS for the South Sewer
Area is 100 GPCO. The LOS for the City of Naples unincorporated
sewer service area is 121 GPCD.
B. The LOS for independent districts and private sanitary sewer systems
is the sewage flow design standards identified in Policy 1.2.1 of the
Sanitary Sewer Sub-Element of the GMP, as required by the State of
Florida. Approved private septic systems are exempt from these LOS
requirements.
C. The determination of public facility adequacy for sanitary sewer
facilities shall be based on the following:
1. The required public facilities are in place at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING
permit is issued.
2. The required public facilities are under construction at the time a
final site DEVELOPMENT PLAN, final SUBDIVISION PLAT, or
BUILDING permit is issued.
3. The required public facilities are guaranteed in an enforceable
DEVELOPMENT AGREEMENT that includes the provisions of
subsections 6.02.07 C.1. and 6.02.07 C.2.
6.02.08 SOLID WASTE Facility LEVEL OF SERVICE Requirements
A. The LOS for capital SOLID WASTE DISPOSAL FACILITIES is two (2)
years of constructed lined cell capacity at the average disposal rate for
the previous five (5) years, and ten (10) years of permittable landfill
capacity at the average disposal rate for the previous five (5) years.
Page 19 of 33
-- - ,.-- ---
B. The determination of public facility adequacy for SOLID WASTE
DISPOSAL FACILITIES shall be based on the following:
1. The required public facilities are in place at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING
permit is issued.
2. The required public facilities are under construction at the time a
final site DEVELOPMENT PLAN, final SUBDIVISION plat, or
BUILDING permit is issued.
3. The required public facilities are guaranteed in an enforceable
DEVELOPMENT AGREEMENT that includes the provisions of
subsections 1. and 2 above.
6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARDS
6.03.01 CENTRAL SEW AGE SYSTEM Requirements
A complete central sewer system and interim W ASTEW A TER treatment
facility, if required, shall be designed and constructed to provide service to
all LOTS and PARCELS within the SUBDIVISION or DEVELOPMENT.
The system shall be designed, constructed, owned, operated, and
maintained pursuant to the requirements of the Utilities Standards and
Procedures Ordinance, Ordinance No. 88-76, as amended, or to
specifications of the applicable service provider.
6.03.02 INDIVIDUAL SEW AGE SYSTEM Requirements
Except as otherwise approved by the County Manager or designee
pursuant to Chapter 10, no SUBDIVISION or DEVELOPMENT shall be
constructed utilizing INDIVIDUAL SEW AGE disposal SYSTEMS for each
LOT or PARCEL. Any exemption from this requirement shall be designed
in conformance with Florida Administrative Code, and shall be approved in
writing by the County Manager or designee and the BCC. Such exemption
shall comply with the provisions of the GMP, and shall be approved by the
County Manager or designee.
6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS
6.04.01 Central Water System Requirements
A complete central water system and interim water supply and treatment
facility, if required, shall be designed and constructed to provide service to
all of the LOTS and PARCELS within the SUBDIVISION or
DEVELOPMENT. Any such system shall be designed, constructed,
owned, operated, and maintained pursuant to the requirements of
Construction Standards Manual.
6.04.02 Individual Water System Requirements
Where authorized in compliance with the GMP, an individual water system
shall be designed in conformance with the Florida Administrative Code,
and shall require the prior written approval of the County Manager or
Page 20 of 33
designee and the Bee. Any such exemption shall be in compliance with
the provisions of the GMP.
6.04.03 Fire Hydrants
A. All hydrants shall be connected to water systems having sufficient
storage or emergency pumping facilities to provide for the minimum fire
flows to be maintained for at least four (4) hours or the current
recommendation of the Fire Suppression Rating of the Insurance
Services Office, whichever is greater. Hydrants shall be placed on
common LOT LINES within the approved RIGHT-OF-WAY, unless
otherwise approved by the County Manager or designee pursuant to
Chapter 10.
B. Hydrants shall be installed and placed in a manner complying with the
requirements set forth in the latest edition of NFPA No. 24 entitled,
"Standard for the Installation of Private Fire Service Mains and Their
Appurtenances," published by the National Fire Protection Association.
Hydrants to be installed within subdivided LOTS for fire protection
purposes shall be evaluated during the site DEVELOPMENT PLAN
review process as required in Chapter 10. Those installations shall be
in compliance with the standards set forth in the latest edition of NFPA
1141 entitled, "Standard for Fire Protection in Planned BUILDING
Groups."
1. Residential land DEVELOPMENT. In one (1) and two (2) family
land DEVELOPMENTS with not more than ten (10) DWELLING
UNITS per acre, fire hydrants shall be spaced not greater than 500
feet apart and not more than 250 feet from the center of any LOT
in the SUBDIVISION and shall be connected to mains no less than
six (6) inches in diameter. The system shall provide capacity for
water flows of at least 500 gallons per minute or greater, as
required by the Fire Suppression Rating Schedule of the Insurance
Services Office, in addition to maximum day domestic
requirements at residual pressures of not less than twenty (20)
pounds per square inch, unless otherwise required by the
applicable fire code.
2. Commercial, industrial, and multifamily DEVELOPMENTS. Fire
hydrants located in these areas shall be connected to water mains
no less than eight (8) inches in diameter. In no case shall the
spacing of hydrants be greater than 500 feet apart and not more
than 250 feet from the center of any LOT in the SUBDIVISION.
Hydrant spacing and size shall be capable of providing water flows
adequate to meet the requirements of the Fire Suppression Rating
Schedule of the Insurance Services Office. In no case shall the
flow be less than 750 gallons per minute witli the residual pressure
of twenty (20) pounds per square inch at the most remote point of
discharge.
Page 21 of 33
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3. Fire hydrants shall be provided at no cost to the County in all
SUBDIVISIONS and DEVELOPMENTS. In all cases, fire hydrants
shall be provided and spaced in the manner prescribed by the
design requirements of this section.
6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENTS
STANDARDS
6.05.01 Stormwater Management Sytem Requirements
A complete stormwater management system shall be. provided for all
areas within the SUBDIVISION or DEVELOPMENT, including LOTS,
STREETS, and ALLEYS.
A. The system design shall meet the applicable provisions of the current
County codes and ordinances, SFWMD rules and regulations pursuant
to Florida Statutes, and the Florida Administrative Code, and any other
affected state and federal agencies' rules and regulations in effect at
the time of preliminary SUBDIVISION plat submission.
B. Where stormwater runoff from outside the SUBDIVISION or
DEVELOPMENT historically passes on, over, or through areas of the
SUBDIVISION or DEVELOPMENT, such runoff shall be included in
the stormwater system design. The system shall be designed for long
life, low cost maintenance by normal methods and provide for optimal
on-site detention of stormwater runoff and groundwater recharge in
accordance with applicable County and SFWMD regulations.
C. Any STRUCTURE with an outside wall which is closer than ten (10)
feet from a side property line shall install properly sized (minimum
twenty-four [24]-square inch cross-section) gutters and downspouts to
direct stormwater away from neighboring properties and toward front
and/or rear swales or retention/detention areas.
D. In-ground percolation type retention systems such as rock trenches,
exfiltration trenches or beds, infiltrator type systems, gallery type
systems, etc., shall not be used to achieve water quality retention for
residential SUBDIVISIONS. Rear YARD open retention systems shall
likewise not be designed to achieve water quality retention on projects
submitted after January 1, 2002. All retention systems for projects
designed after January 1, 2002, shall be on common property owned
and maintained by a homeowners' association or similar entity.
E. Any canal which forms a part of the public water management system
shall be dedicated for care and maintenance per the requirements of
the governmental agency which has jurisdiction. Canals located
entirely within the SUBDIVISION and which do not form a part of the
public water management system shall be dedicated to the public,
without the responsibility for maintenance, as a drainage EASEMENT.
A maintenance EASEMENT, of a size acceptable to the County
Manager or designee or other governmental agency with maintenance
responsibility, shall be provided ADJACENT to the established
Page 22 of 33
drainage EASEMENT, or the drainage EASEMENT created must be of
a size suitable for the proposed canal and its maintenance.
6.05.02 Seawalls and BULKHEADS
A. When authorized, the water side of the concrete seawall cap shall be
constructed landward of the property boundary and shall be in
accordance with the seawall construction regulations, Collier County
Ordinance No. 85-2 [Code ch. 22, art. IX], as amended.
B. The APPLICANT shall obtain the requisite approval(s) and permit(s)
from the Florida Department of Environmental Protection (DEP) and
the U.S. Army Corps of Engineers ("COE"), where such approvals are
necessary, prior to commencement of construction. A copy of such
approval(s) and/or permit(s) must be filed with the County Manager or
designee upon receipt.
C. The construction of seawalls or BULKHEADS, in association with
water management system lake construction under jurisdiction of
SFWMD, shall be in compliance with SFWMD criteria.
6.06.00 TRANSPORTATION SYSTEM STANDARDS
6.06.01 STREET System Requirements
A. The arrangement, character, and location of all STREETS shall
conform to the GMP and shall be considered in their relation to existing
and proposed STREETS, topographical conditions, public
convenience, safety, and in their appropriate relation to the proposed
uses of the land to be served by such STREETS.
B. The STREET layout of all SUBDIVISIONS or DEVELOPMENTS shall
be coordinated with the STREET systems of the surrounding areas.
ADJACENT properties shall be provided with local STREET
interconnections unless topography, other natural features, or other
ordinances/regulations do not allow or require said connections. All
ARTERIAL or COLLECTOR STREETS shall be planned to conform to
the GMP. COLLECTOR and ARTERIAL STREETS within a
DEVELOPMENT shall not have individual residential DRIVEW A Y
connections. Their location and RIGHT -OF-W A Y cross-section must
be reviewed and approved by the County Manager or designee during
the preliminary SUBDIVISION plat review process. All SUBDIVISIONS
shall provide RIGHST-OF-WAY in conformance with the GMP and the
RIGHT-OF-WAY cross-section contained in Appendix B. All STREETS
shall be designed and constructed to provide for optimum vehicular
and pedestrian safety, long service life, and low cost of maintenance.
C. Every SUBDIVISION or DEVELOPMENT s~all have legal and
adequate ACCESS to a STREET dedicated for public use and which
has been accepted for maintenance by or dedicated to the State of
Florida or the County, as described in Chapter 10. When a
Page 23 of 33
~-^^
SUBDIVISION or DEVELOPMENT does not immediately adjoin such a
STREET, the APPLICANT shall provide ACCESS to the
DEVELOPMENT from a dedicated STREET in accordance with these
regulations and provide legal documentation that ACCESS is available
to the project site. All LOTS within a SUBDIVISION or
DEVELOPMENT shall be provided legal ACCESS to a STREET
dedicated for public use.
D. The arrangement of STREETS In SUBDIVISIONS or
DEVELOPMENTS may be required to make provision for the
continuation of existing or proposed COLLECTOR or ARTERIAL
STREETS to and from adjoining properties, whether developed or
undeveloped, and for their proper projection to ensure a coordinated
and integrated STREET system per requirements of the GMP, this
LOC, or other ordinances and regulations. Where a SUBDIVISION or
DEVELOPMENT ABUTS an existing or proposed public ARTERIAL or
COLLECTOR STREET, BUFFERING shall be required per Chapter 4.
E. Rural type roadway cross-sections shall only be considered for
permitting on a case-by-case basis. The design of a rural cross-section
and its required RIGHT-OF-WAY width shall be based on the drainage
characteristics of the required swale section and the relationship of the
maximum stormwater flow line to the bottom of the subbase course of
the roadway. A detailed design report documenting these
considerations shall be submitted for review and approval by the
County Manager or designee prior to the approval of a rural roadway
cross-section.
F. All public and private STREETS requiring a design capacity which
exceeds the roadway cross-sections established herein for a minor
COLLECTOR shall be coordinated by the County Manger or designee
prior to the approval of the project's improvement plans and FINAL
SUBDIVISION PLAT.
G. Use of local STREETS by cut-through traffic shall be discouraged,
uSIng methods (like traffic calming) that do not compromise
connectivity or reduce the number of ACCESS points to the
SUBDIVISION.
H. As applicable, the installation of turn lanes, storage lanes, deceleration
lanes, parallel service lanes, or any other traffic control improvements
necessary to provide safe internal movements or ingress and egress
from the SUBDIVISION or DEVELOPMENT to any existing or
proposed STREET or highway shall be required.
I. ALLEYS may be provided in industrial, commercial, and residential
SUBDIVISIONS. ALLEYS may be for one-way or two-way traffic.
ALLEYS for one-way traffic only shall have the appropriate directional
and instruction signage installed. ALLEYS shall be utilized for
secondary ACCESS unless otherwise provided in this LDC.
Page 24 of 33
1. Industrial, commercial, and residential ALLEYS along the rear
LOT LINES shall have an ALLEY EASEMENT at least twenty-four
(24) feet wide containing a vehicular pavement width of at least ten
(10) feet.
2. The ALLEY edge of pavement-radius shall be a minimum of fifteen
(15) feet and shall be designed for the appropriate design vehicle.
3. ALLEY GRACES shall not exceed five (5) percent or be less than
0.3 percent.
4. All ALLEYS created shall be owned and maintained by a property
owners' association or other similar entity and shall be so
dedicated on the final plat.
J. Dead-end STREETS shall be prohibited except when designed as a
CUL-DE-SAC. When a STREET is designed to be extended when the
ADJACENT property is developed, a temporary CUL-DE-SAC and
RIGHT-OF-WAY shall be designed. CUL-DE-SACS in excess of 1,000
feet shall not be permitted unless existing topographical conditions or
other natural features preclude a STREET layout to avoid longer CUL-
DE-SACS. When conflicts occur between the design standards of this
section and Ordinance No. 86-54, the County Fire Protection Code, or
its successor ordinance [see Code ch. 58, art. III], the standards of this
section shall take precedence.
K. Where a SUBDIVISION or DEVELOPMENT ABUTS or contains
existing limited ACCESS highway, freeway, or ARTERIAL STREET,
and if ACCESS is desired to adjoining property other than STREET
connections, a marginal ACCESS STREET to afford separation of
through and local traffic may be required by the County Manager or
designee.
L. Half or partial STREETS shall not be permitted except where essential
to the reasonable DEVELOPMENT of a property in conformance with
the circulation plan, the GMP, or the LDC, and, where, in addition,
dedication of the remaining part of the required STREET RIGHT -OF-
WAY is provided. Whenever a property to be developed borders on an
existing half or partial STREET, the other part of the STREET shall be
required to be dedicated and constructed within such property. A
proposed DEVELOPMENT or SUBDIVISION that adjoins or includes
an existing STREET which does not conform to the minimum RIGHT-
OF-W A Y requirements of these regulations shall provide for the
dedication of additional RIGHT-OF-WAY along either one (1) or both
sides of said STREET so that the minimum RIGHT-OF-WAY
requirements of these regulations shall be established.
M. Limited ACCESS strips controlling ACCESS to STREETS on
ADJACENT PARCELS shall be prohibited except where approved by
the County Manager or designee pursuant to Chapter 10.
Page 25 of 33
... --.- -."
N. Where a SUBDIVISION or DEVELOPMENT includes or requires
ACCESS across canals, watercourses, lakes, streams, waterways,
channels, or the like, bridges or culverts shall be provided to implement
the proposed STREET system.
O. The minimum RIGHT-OF-WAY widths to be utilized shall be as follows
and, where applicable, shall be clarified by the cross-sections
contained in Appendix B, and will be directly related to traffic volume
as indicated in the definition 'of each STREET continued herein and,
where applicable, clarified by the cross-sections contained in Appendix
B. private STREET RIGHT-OF-WAY widths and design may be
determined on a case-by-case basis in accordance with Chapter 10.
STREET Type Feet A/W Width* Number
All STREETS Lane Width of feet
lanes
CUL-DE-SAC 60 2 10
Local 60 2 10
Minor collector 80 2 11 --1 2
Minor collector 80--1 00 2 11 --1 2
(divided)
Major collector As determined for 4 11 --1 2
or minor arterial* median and turn
lanes
Note: Any rural cross-sections approved may require expanded
RIGHT-OF-WAY widths for additional shoulder and swale facilities.
Design to be approved on a case-by-case basis.
*If an ALLEY is utilized, the RIGHT-OF-WAY width may be reduced
upon approval of the transportation services administrator.
P. Landscaping and BUFFERS:
1. All existing and future public and private RIGHST-OF-WAY that
are designed parallel to each other or to the boundary of a
SUBDIVISION or DEVELOPMENT, with no BUILDING LOTS
separating them from other RIGHST-OF-WAY or the project
boundary, shall be separated by a LANDSCAPE BUFFER,
pursuant to section 4.06.00. The BUFFER area in these cases
shall be separately designated on the FINAL SUBDIVISION PLAT
as a tract or EASEMENT and shall be dedicated on the FINAL
SUBDIVISION PLAT cover sheet to the appropriate property
owners' association or like entity for operation, maintenance, and
upkeep purposes.
2. All RIGHST-OF-WAY and EASEMENTS for STREETS, avenues,
roads, drives, and the like shall be planted with trees, grass, or
other suitable vegetation on both sides in accordance with the
specifications, limitations, procedures, types, and intervals set forth
Page 26 of 33
in the appropriate County regulations and requirements, including,
but not limited to, section 4.06.00 and the RIGHT-OF-WAY
Construction Handbook, Ordinance No. 82-91 , as amended
[superseded by ordinance found in Code ch. 110, art.II]. All
unpaved areas within RIGHST-OF-WAY shall be stabilized by
seed or sodding of cultivated grass species suitable to the area.
The sodding of a one (1) foot-wide strip along the back of curb or
edge of pavement shall be mandatory for all roadway construction.
The flow line of all swale sections approved for use by the County
Manager or designee shall also be sodded as required for erosion
control.
3. Median strips which are part of the publicly dedicated or deeded
RIGHT-OF-WAY shall not be utilized for any purpose other than by
the County or a public utility. When an APPLICANT desires to
beautify a public median strip in a SUBDIVISION, the APPLICANT
may do so in accordance with the guidelines established in section
4.06.00 of this LDC to allow placing of grass, shrubs, and trees in
general within the median strip under a RIGHT-OF-WAY permit
after submission and approval of landscaping plans. Selection of
landscaping within the public or private median shall be based on
accepted traffic safety standards and the prevention of interference
with maintenance requirements of utilities within a median. Upon
completion of the median improvements, the landscaping shall be
maintained by a property owners' association, a CONDOMINIUM
association, cooperative association, or other like or similar entity.
4. SUBDIVISION or DEVELOPMENT entranceways consisting of
habitable or unhabitable STRUCTURES, walls, fences, gates, rock
piles, or the like are not permitted within the median strip of a
publicly dedicated RIGHT-OF-WAY. Decorative entranceways may
be constructed upon property ADJACENT to a RIGHT-OF-WAY in
compliance with this LDC and shall be placed so as to not interfere
with any cross-corner or stopping sight distance or constitute a
traffic hazard. Any improvements within private RIGHST-OF-WAY
shall not be placed over any underground improvements without
the prior written consent of the owner of the improvements. Upon
completion of the entranceway, all improvements shall be
maintained by the property owners' association, CONDOMINIUM
association, cooperative association, or other similar entity.
S. LANDSCAPE BUFFERS, when required by section 4.06.00 or
other County regulation, shall be in addition to the required RIGHT-
OF-W A Y width and shall be designated as a separate BUFFER
tract or EASEMENT on the final SUBDIVISION plat. The minimum
BUFFER width shall be in conformance with section 4.06.00 In no
case shall the required BUFFER be constructed to reduce cross-
corner or stopping sight distances, or safe pedestrian passage. All
Page 27 of 33
<..~
BUFFER tracts or EASEMENTS shall be owned and maintained
by a property owners' association or other similar entity and shall
be so dedicated on the final SUBDIVISION plat.
a. STREET names.
1. STREET name markers and traffic control devices shall be
provided by the developer at intersections and locations
designated by the County Manager or designee for all affected
STREETS, whether the STREETS are existing or proposed. Such
markers and traffic control devices shall be installed and
constructed by the APPLICANT to the APPLICANT'S engineer's
specifications approved by the County Manager or designee for
private STREETS or in conformance with standards and
recommendations set forth in the latest edition of the
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for
public STREETS. The County Manager or designee shall accept
alternative specifications on public STREET sign age where an
acceptable maintenance agreement has been provided. Alternate
specifications for private STREET signage where a property
owners' association or other entity has maintenance responsibility
shall be approved by the County Manager or designee.
2. Proposed STREETS which are in alignment with other existing and
named STREETS shall bear the same name of the existing
STREET. All STREET names shall have a suffix (i.e., STREET,
avenue, boulevard, drive, place, court, etc.) and in no case, except
as indicated in the preceding sentence, shall the name of the
proposed STREET duplicate or be phonetically similar to an
existing STREET name regardless of the use of the suffix.
3. All STREET names shall be subject to approval by the County
Manager or designee during the preliminary SUBDIVISION plat
approval process.
R. Pavement painting and striping and/or appropriate reflective edge of
public roadway markings shall be provided by the developer as
required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices. Where concrete valley gutters border the edge of pavement
and for private roadways, this requirement may be waived by the
County Manager or designee.
S. Traffic control devices shall be provided by the developer when the
engineering study indicates traffic control is justified at any STREET
intersection within the SUBDIVISION or DEVELOPMENT or where the
additional traffic flow results from the proposed SUBDIVISION or
DEVELOPMENT onto any COLLECTOR or ARTERIAL STREET.
Traffic control devices are subject to County approval. If more than
one (1) DEVELOPMENT or SUBDIVISION is involved, each shall be
required to make a pro rata contribution for the installation cost of the
Page 28 of 33
traffic control devices. The cost of all required traffic control devices
shall be included in the amount of SUBDIVISION performance security
furnished for the required improvements.
6.06.02 SIDEWALKS and BIKE LANE Requirements
A. The developer must construct SIDEWALKS and BIKE LANES, where
applicable, as described below, unless otherwise exempted from the
SUBDIVISION regulations of this LDC. SIDEWALKS and BIKE
LANES, where applicable, must be constructed contiguous to public
and private roadways, which are ADJACENT to and internal to the
site, in conformance with the following criteria:
1. BIKE LANES must be provided on both sides of COLLECTOR
and ARTERIAL STREETS.
2. SIDEW ALKS six (6) feet in width must be provided on both sides
of COLLECTOR and ARTERIAL STREETS.
3. SIDEW ALKS five (5) feet in width must be provided on both sides
of local STREETS.
4. For multi-family site DEVELOPMENT and site improvement
projects, districts RT, RMF-6, RMF-12, and RMF-16 and all multi-
family residential components of PUD districts; SIDEWALKS, five
feet in width, must be provided on both sides of local STREETS
with a dedicated public RIGHT-OF-WAY or roadway EASEMENT.
Where there is no public RIGHT-OF-WAY or roadway EASEMENT,
SIDEWALKS must connect on-site residential BUILDING(s) to a
SIDEW ALK within a public roadway or, if no SIDEWALK exists, to
the RIGHT-OF-WAY line in accordance with Code standards
contained herein. Should a two-directional shared use path be
utilized, the minimum paved width must be ten feet.
S. All SIDEWALKS and BIKE LANES along public and private
roadways must be constructed in accordance with design
specifications identified in section 4.03.05 and section 5.05.08 of
this LDC.
6. All bicycle lanes must have signage and be marked in accordance
with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on
Uniform Traffic Control Devices.
B. DEVELOPMENTS providing interconnections to existing and future
DEVELOPMENTS pursuant to the DENSITY rating system section of
the GMP must include sufficient RIGHT-OF-WAY to accommodate the
roadway, SIDEWALKS and BIKE LANES, where required. BIKE
LANES and SIDEWALKS must be constructed concurrently with the
roadway interconnection.
C. Where planned RIGHT-OF-WAY improvements by the County
Transportation Division scheduled in the capital improvements
program (CIP) would cause the removal of any SIDEWALKS or BIKE
Page 29 of 33
,."~" .,...." ~ -
LANES, the developer, in lieu of construction of the required
SIDEWALKS and BIKE LANES, must provide funds for the cost of
SIDEW ALK and BIKE LANE construction as defined by the Schedule
of DEVELOPMENT of Review and BUILDING Permit Fees into a
PATHWAY fund approved by the County Manger or designee, for
future construction of required SIDEWALKS and BIKE LANES, by the
County. The time frame for this funding option is two years from the
date of issuance of the first BUILDING permit to the date that the road
construction is required to be bid.
D. SIDEWALK Con struction/Ma te rials. All SIDEW ALKS shall be
constructed of Portland cement concrete, or paver brick in
conformance with the standard RIGHT-OF-WAY cross sections
contained in appendix B in locations illustrated on an approved site
DEVELOPMENT PLAN.
1. Concrete SIDEWALKS shall be four-inch-thick, Portland cement
concrete with a 28-day compressive strength of 3,000 psi. Expansion
joints shall be one-half-inch preformed bituminous conforming to the
latest edition of ASTM. Contraction joints shall be saw-cut joints with
longitudinal spacing equal to the width of the walk. The saw cut depth
shall equal or exceed one-forth the concrete thickness. All
workmanship materials, methods of placement, curing, forms,
foundation, finishing, etc. shall be in conformance to the latest edition
of FDOT Standard Specifications for Road and Bridge Construction,
section 522. Paver brick, SIDEW ALKS, or paver brick accents in
SIDEW ALKS must be installed over a four inch thick, compacted
limerock base.
2. All BIKE LANES shall be designed, constructed, and signed in
accordance with the most current "Florida Bicycle Facilities Design
Standards and Guidelines" requirements
6.06.03 Streetlights
A. Streetlights shall be designed and installed utilizing the guidelines of
the IES standards for each STREET intersection, at required intervals
along each STREET not to exceed 400 feet and at the end of each
CUL-DE-SAC, and may be required at inteNals along each STREET.
Such lights may be required on interior STREETS, ALLEYS, boundary
STREETS, ACCESS paths, and the like. The standards for this
STREET lighting are: (per IESNA RP-8-00):
1. A minimum of 1.4 foot candles at the center of each internal project
intersection is required.
2. A minimum of 1.4 foot candles along internal roadways is
recommended but not required.
Page 30 of 33
B. At the entry/exit of any SUBDIVISION located on a County
COLLECTOR or ARTERIAL STREET, the following standards shall
apply:
1. At the points where the edges of pavement of the entrance road
meet the RIGHT-OF-WAY line, the illumination level shall be a
minimum of 2.0 foot candles.
2. At the centerline of the entrance road and a minimum of RIGHT-
OF-WAY line, the illumination level shall be a minimum of 3.5 foot
candles.
C. All light levels shall be measured at a minimum of approximately four
(4) feet above the pavement on a moonless night.
D. Wherever, in the opinion of the County Manager or designee, based on
an engineer's determination, a dangerous condition is created by sharp
curves, irregularities in STREET alignment, or other similar
circumstances, additional lights may be required. Streetlights and
mounting poles shall be wired for underground service. All conduits
and casing to be placed under the roadway required for the lights must
be installed during each construction phase prior to roadway subbase
completion. Streetlights shall be designed and installed in either of two
(2) ways:
1. Where streetlights are to be installed on PRIVATE STREETS, the
developer, through an electrical engineer registered in the State of
Florida, shall design and install the STREET lighting system
subject to the approval of the County Manager or designee. Upon
completion of the streetlights, they shall be owned, operated, and
maintained by the property owners' association, a CONDOMINIUM
association, cooperative association, or other similar entity, or the
public utility furnishing the electric service.
2. Where the streetlights are to be installed on PUBLIC STREETS,
the developer may elect to initiate a municipal services benefit or
taxing unit in coordination with the County Manager or designee in
order to provide STREET lighting. If the municipal services benefit
or taxing unit is approved by the sec, the County Manager or
designee shall authorize the public utility to design, install, and
maintain the STREET lighting system at no cost to the County's
general fund. If no municipal services benefit or taxing unit is
created for public STREETS, the provision of this section shall
govern the design, construction, and maintenance of streetlights.
6.06.04 Bridges
A. Bridges shall be designed in accordance with cu rrent Florida
Department of Transportation practices or appropriate specifications by
the APPLICANT'S structural engineer and may be required to include
provisions for utility installations and will require SIDEWALKS on both
Page 31 of 33
-~~- ..----"" <'--- ----~.
sides of the bridge. The bridge shall be designed by a Florida
professional engineer and is subject to the approval of the County
Manager or designee and those other agencies having jurisdiction over
the proposed facilities. Generally, bridges shall be designed as
reinforced concrete, however, other low maintenance materials may be
used upon request and approval, when supported by a design report
prepared by the APPLICANT'S professional engineer which provides
particular assurance relative to the integrity of the materials to be
utilized.
B. At a minimum, the width of all bridges shall be required to incorporate
a clear roadway width equaling the travel lane width plus two (2) feet to
the curb and six (6) foot SIDEWALKS; however, variations may be
considered pursuant to Chapter 10. Bridge width shall vary with the
classification of the roadway section to be carried. All bridge
STRUCTURES shall be designed for H-20 loading, incorporating
adequate corrosion and erosion protection.
6.06.05 Clear Sight Distance
A. Where an accessway intersects a RIGHT-OF-WAY or when a property
ABUTS the intersection of two (2) or more RIGHST-OF-WAY, a
minimum safe sight distance triangular area shall be established. Any
vegetation within this area shall be planted and maintained in a way
that provides unobstructed visibility at a level between thirty (30)
inches and eight (8) feet above the crown of the ADJACENT roadway.
Landscaping shall be located in accordance with the roadside recovery
area provisions of the State of Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance of STREETS and Highways (DOT Green Book) where
appropriate. Posts for illuminating fixtures, traffic control, and STREET
name SIGNS shall also be permitted, so long as the SIGN or
equipment is not within the prescribed clear space.
B. Where an accessway enters a RIGHT-OF-WAY, two (2) safe distance
triangles shall be created diagonally across from each other on both
sides of the access way. Two (2) sides of the triangle shall extend ten
(10) feet each way from the point of intersection from the edge of
pavement and the RIGHT-OF-WAY line. The third side of the triangle
shall be a line connecting the ends of the other two (2) sides.
C. Where a property ABUTS the intersection of two (2) RIGHST-OF-
WAY, a safe distance triangle shall be created. Two (2) sides of the
triangle shall extend thirty (30) feet along the ABUTTING RIGHT-OF-
WAY lines, measured from the point of intersection. The third side of
the triangle shall be a line connecting the ends of the other two (2)
sides.
Page 32 of 33
D. The developer shall comply with all of the provisions of the applicable
landscape requirements and section 4.06.00 at the time of
SUBDIVISION or DEVELOPMENT approval or when applicable.
E. On a corner LOT in all zoning districts, no fence, wall, hedge, planting,
or STUCTURE shall be erected, planted, or allowed to grow in such a
manner as to obstruct vision between a height of thirty (30) inches and
eight (8) feet above the centerline GRADES of the intersecting
STREETS in the area bounded by the RIGHT-OF-WAY lines of such
corner LOTS and a line joining points along said RIGHT-OF-WAY lines
twenty-five (25) feet from the point of intersection. Parking is prohibited
in this area. Trees are permitted, so long as the foliage is cut away and
maintained within the thirty (30)-inch and eight (8)-foot clearance
requirement. Posts for illuminating fixtures, traffic control, fences and
STREET name SIGNS are permitted, so long as the SIGN or
equipment is not within the prescribed clear space and the fence does
not visually impede the clear sight of the intersection.
,
\
Page 33 of 33
... - "....-..
CHAPTER 7 - [RESERVED]
._-- -..--..---^<
_'_M
8.01.00 GENERALL Y
8.02.00 BOARD OF COUNTY COMMISSIONERS
8.02.01 Powers and Duties
8.03.00 PLANNING COMMISSION
8.03.01 Establishment; Powers and Duties
8.03.02 Membership
8.03.03 Quorum and Voting
8.03.04 Rules of Procedure
8.03.05 Compensation
8.03.06 Meetings
8.03.07 Staff
8.04.00 BOARD OF ZONING APPEALS
8.04.01 Establishment; Powers and Duties
8.04.02 Membership
8.04.03 Quorum and Voting
8.04.04 Rules of Procedure
8.04.05 Compensation
8.04.06 Meetings
8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS
8.05.01 Establishment and Purpose
8.05.02 Powers and Duties
8.05.03 Membership
8.05.04 Quorum
8.05.05 Rules of Procedure
8.06.00 ENVIRONMENT AL ADVISORY COUNCIL
8.06.01 Establishment
8.06.02 Purpose
8.06.03 Powers and Duties
8.06.04 Membership
._~.- -- -."~.
8.06.05 Quorum and Voting
8.06.06 Rules of Procedure
8.06.07 Compensation
8.06.08 Meeti ngs
8.06.09 Evaluation of the EAC
8.07.00 HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD
8.07.01 Establishment
8.07.02 Powers and Duties
8.07.03 Membership
8.07.04 Compensation
8.07.05 Meetings
8.08.00 CODE ENFORCEMENT BOARD
8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION
8.09.01 Creation and Appointment of the Community Development and
Environmental Services Administrator
8.09.02 Jurisdiction, Authority and Duties
CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES
8.01.00 GENERALL Y
[Reserved]
8.02.00 BOARD OF COUNTY COMMISSIONERS.
8.02.01 Powers and Duties
In addition to any authority granted to the Board of County Commissioners
(BCC) by general or special law, the Board of County Commissioners
(BCC) shall have the following powers and duties:
A. To initiate, hear, consider, and adopt amendments to the text of the
Collier County Growth Management Plan (GMP) or the Unified
Development Code (LDC);
B. To initiate, hear, consider and adopt amendments to the future land
use map of the Collier County GMP or the official zoning atlas of the
LDC;
C. To designate and appoint hearing officers to make decisions as the
BCC may deem appropriate;
D. To act to ensure compliance with DEVELOPMENT ORDERS or
permits as approved and issued;
E. To establish reasonable fees to be paid by APPLICANTS to recoup
the County's expenses and other costs, and to reimburse the County
for the administrative time and effort spent in accepting, processing,
reviewing, or enforcing DEVELOPMENT ORDERS, DEVELOPMENT
permits, or any other DEVELOPMENT approvals or applications; and
F. To take such other action not delegated to the Planning Commission,
the Board of Zoning Appeals, the Building Board of Adjustments and
Appeals, or the heads of County departments, County divisions and
County sections as the BCC may deem desirable and necessary to
implement the provisions of the Collier County GMP, the LDC, and any
other legitimate governmental interest.
8.03.00 PLANNING COMMISSION.
8.03.01 Establishment; Powers and Duties
There is hereby established a Planning Commission, which shall have the
following powers and duties:
A. To serve as the local planning agency (LPA), and land
DEVELOPMENT regulation commission as req\Jired by SS 163.3174
and 163.3194, F.S.;
Page 1 of 20
~"'-- ,___w.,
B. To prepare, or cause to be prepared, the Collier County GMP, or
element or portion thereof, and to submit to the BCC an annual report
recommending amendments to such plan, element, or portion thereof;
C. To prepare, or cause to be prepared, the ILOC to implement the Collier
County GMP, and to submit to the BCC an annual report
recommending amendments to the LOC;
D. To initiate, hear, consider, and make recommendations to the BCC on
applications for amendment to the text of the Collier c.ounty GMP and
the LDC;
E. To initiate, review, hear, and make recommendations to the BCe on
applications for amendment to the future land use map of the Collier
County GMP or the official zoning atlas of the LDC;
F. To hear, consider, and make recommendations to the BCC on
applications for CONDITIONAL USE permits;
G. To make its special knowledge and expertise available upon
reasonable written request and authorization of the BCC to any official,
department, board, commission, or agency of the County, state, or
federal governments;
H. To recommend to the BCCBCC additional or amended rules of
procedure not inconsistent with this section to govern the Planning
Commission's proceedings;
I. To perform those functions, powers and duties of the Planning
Commission as set forth in chapter 67-1246, Laws of Florida,
incorporated herein and by reference made a part hereof, as said
chapter has been or may be amended; and
J. To consider 'and take final action regarding preliminary SUBDIVISION
plats processed pursuant to the provisions of section 4.03.00.
8.03.02 Membership
A. Qualifications.
1. Members of the Planning Commission shall be permanent
residents and qualified electors of Collier County.
2. Although no specific experience requirements shall be necessary
as a prerequisite to appointment, consideration shall be given to
APPLICANTS who have experience or who have shown interest in
the area of planning, zoning, and related fields. Further
consideration in the appointment of Planning Commission
members shall be made so as to provide the Planning Commission
with the needed technical, professional, business, and/or
administrative expertise to accomplish the duties and functions of
the Planning Commission as set forth in this LOC.
Page 2 of 20
3. The appointment of all members to the Planning Commission shall
be by resolution of the BCC. In the event that any member is no
longer a qualified elector or is convicted of a felony or an offense
involving moral turpitude while in office, the BCC shall terminate
the appointment of such person as a member of the Planning
Commission.
4. A representative of the school district, appointed by the school
board, shall serve as a non-voting member of the Planning
Commission unless the BCC grants voting status to the school
district representative. The school district member of the Planning
Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved,
increase RESIDENTIAL DENSITY of the property that is the
subject of the application being considered.
B. Appointment. The Planning Commission shall be composed of nine (9)
members to be appointed by the BCC. All reappointments to the
Planning Commission shall be made so as to achieve the following
geographical distribution of membership:
1. One member: County Commission District No.4.
2. Two members: County Commission District No.1.
3. Two members: County Commission District No.2.
4. Two members: County Commission District No.3.
S. Two members: County Commission District No. 5 (one from
Immokalee).
6. One member: Appointed by the school district.
C. Term. Each appointment or reappointment shall be for a term of four
(4) years. Each appointment and reappointment shall be made so that
the terms of any two (2) members from a single commission district
shall not expire in the same year.
D. Reappointment. A member may be reappointed by the BCC for only
one (1 ) successive term, unless there are no other qualified
APPLICANTS for the member's position. Appointments to fill any
vacancy on the Planning Commission shall be for the remainder of the
unexpired term of office.
E. Removal from office.
1. Any member of the Planning Commission may be removed from
office by a four-fifths vote of the BCC, but such member shall be
entitled to a public hearing and reconsideration of the vote if he so
requests in writing within thirty (30) days of the date on which the
vote is taken.
Page 3 of 20
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2. If any member of the Planning Commission fails to attend two (2)
consecutive Planning Commission meetings without cause, the
Planning Commission shall declare the member's office vacant
and the vacancy shall be filled by the BCC.
F. Officers. The membership of the Planning Commission shall elect a
chairman and vice-chairman from among the members. Officers' terms
shall be for one (1) year, with eligibility for reelection.
8.03.03 Quorum and Voting
The presence of five (5) or more members shall constitute a quorum of the
Planning Commission necessary to take action and transact business. In
addition, a simple majority vote of at least five (5) members present and
voting shall be necessary in order to forward a formal recommendation of
approval, approval with conditions, denial, or other recommendation to the
BCC.
8.03.04 Rules of Procedure
A. The Planning Commission shall, by a majority vote of the entire
membership, adopt rules of procedure for the transaction of business,
and shall keep a record of meetings, resolutions, findings, and
determinations. The Planning Commission may provide for
transcription of such hearings and proceedings, or portions of hearings
and proceedings, as may be deemed necessary.
B. The Planning Commission may, from time to time, adopt and amend
bylaws and rules of procedure not inconsistent with the provisions of
these regulations. Such proposed rules of procedure shall be
considered as if they were amendments to this LDC.
8.03.05 Compensation
The members of the Planning Commission shall se rve without
compensation, but may be reimbursed for such travel, mileage, and/or per
diem expenses as may be authorized by the BCC.
8.03.06 Meeti ngs
A. In order to provide convenience and promote public participation,
meetings of the Planning Commission shall be held in the Immokalee
area when matters pending before the Planning Commission are of
sufficient concern to the Immokalee area to warrant such a meeting.
The Planning Commission shall, by majority vote, make such
determination at one (1) of its regularly scheduled meetings well
enough in advance to allow sufficient time to advertise such
Immokalee meeting. All other meetings shall be held at the Collier
County Government Center, Naples, Florida, unless otherwise
specified by the Planning Commission or the BCC.
B. All meetings and hearings of the Planning Commission shall be open
to the public.
Page 4 of 20
8.03.07 Staff
The community DEVELOPMENT services division shall be the professional staff of
the planning commission.
8.04.00 BOARD OF ZONING APPEALS
8.04.01 Establishment; Powers and Duties
There is hereby established a Board of Zoning Appeals "BZA", which shall
have the following powers and duties:
A. To hear, review, and approve, approve with conditions, or deny zoning
variances, CONDITIONAL USES, NONCONFORMING use
amendments, FLOOD variances, and off-STREET parking and shared
parking agreements in accordance with the terms of these regulations;
B. To hear, review, and approve, approve with conditions, or deny
appeals from interpretations made by the County Manager or designee
pertaining to the Collier County GMP, the future land use map, the
LDC, or the official zoning atlas by the County Manager or designee;
C. To make its special knowledge and expertise available upon written
request and authorization of the Bee to any official, department,
board, or commission of the County.
D. To recommend to the BCC additional or amended rules of procedure
not inconsistent with the LDC to govern the BZA's proceedings; and
E. To perform those functions, powers and duties of the BZA as set forth
in chapter 67-1246, Laws of Florida, incorporated herein and by
reference made a part hereof, as said chapter has been or may be
amended.
8.04.02 Membership
A. Qualifications. Members of the BZA shall be qualified electors in Collier
County and residents of the County for two (2) years prior to
appointment. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral
turpitude while in office, the BCC shall terminate the appointment of
such person as a member of the BZA.
B. Appointment. The BCC may appoint a Board or Boards of Zoning
Appeals for its planning area or areas, or may act as such Board or
Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have
not less than five (5) nor more than ten (10) members. Not more than
two (2) members of a BZA may be members of the Planning
Commission.
C. Terms. Terms of office of members of the BZA shall be for not less
than two (2) nor more than four (4) years, and not more than a minority
of such members' terms shall expire in anyone (1) year.
Page 5 of 20
" -~_.." ,_._.~ ------
D. Removal. Any member of a BZA may be removed from office for just
cause by four-fifths vote of the full membership of the BCC, but such
member shall be entitled to a public hearing if he so requests in writing
within thirty (30) days of the date upon which the vote is taken.
E. Vacancy. Wherever a vacancy occurs on a BZA which reduces the
membership of the BZA below five (5) members, the BCC shall fill such
vacancy for the remainder of the term, within thirty (30) days after the
vacancy occurs. No meetings of a BZA shall be held when the
membership is less than five (5) members.
F. Officers. Boards of Zoning Appeals shall elect a chairman and vice-
chairman from among the members, and may create and fill such other
offices as are determined to be necessary. Terms of all offices shall be
for one (1) year, with eligibility for reelection.
8.04.03 Quorum and Voting
No meeting of the BZA shall be called to order, nor may any business be
transacted by the BZA, without a quorum consisting of at least three (3)
members of the BZA being present. All actions shall require a simple
majority of the members of the BZA then present and voting, except for
CONDITIONAL USES, which require four (4) affirmative votes.
8.04.04 Rules of Procedure
A. Boards of Zoning Appeals shall adopt rules for the transaction of
business, and shall keep a record of resolutions, transactions, findings,
and determinations. Boards of Zoning Appeals may provide for
transcription of such hearings and proceedings, or portion of hearings
and proceedings, as may be deemed necessary. All such records shall
be public records.
B. Boards of Zoning Appeals may, subject to the approval of the BCe and
within the financial limitations set by appropriations made or other
funds available, employ such experts, technicians, and staff as may be
deemed proper, pay their salaries, and make such other expenditures
as are necessary to conduct the work of the BZA and effectuate its
purposes.
C. The BCC is hereby authorized and empowered to make such
appropriations as it may see fit for the conduct of the work of the BZA.
The BCC is authorized and empowered to establish a schedule of
fees, charges, and expenses, and a collection procedure therefor.
O. The BZA may, from time to time, adopt and amend bylaws and rules of
procedure not inconsistent with the provisions of these regulations.
Such proposed rules of procedure shall be considered as if they were
amendments to this LOC.
8.04.05 Compensation
Page 6 of 20
Members of the BZA may receive such travel and other expenses while on
official business for the BZA as are made available by the BCC for these
purposes.
8.04.06 Meetings
A. Meetings of the BZA shall be held as needed to dispose of matters
properly before the BZA and may be called by the chairman or in
writing by three (3) members <?f the BZA.
B. The location of meetings shall be in County offices in Naples, Florida. If
a matter is postponed due to lack of a quorum, the chairman shall
continue the meeting as a special meeting to be held within seven (7)
days thereafter. In case of delays caused by other reasons, the
hearing shall be rescheduled to the next BZA meeting. The secretary
shall notify all members of the date of the continued hearing and also
shall notify all parties.
C. All meetings and hearings of the BZA shall be open to the public.
8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS
8.05.01 Establishment and Purpose
A. There is hereby established a Building Board of Adjustments and
Appeals ("Building Board").
B. The purpose of the Building Board is to provide a decision-making
body through which an owner of a BUILDING or STRUCTURE, or his
duly AUTHORIZED AGENT, may appeal the rejections or refusal of
the building official to approve the mode or manner of construction
proposed to be followed, or materials to be used, in the erection or
ALTERATION of that BUILDING or STRUCTURE, or when it is
claimed that the provisions of the Florida Building Code and Florida
Fire Prevention Code, as listed in Chapter One, do not apply, or that
an equally good or more desirable form of construction can be
employed in a specific case, or when it is claimed that the true intent
and meaning of such codes, or any of the regulations thereunder, have
been misconstrued or wrongly interpreted by the building official.
8.05.02 Powers and Duties
The Building Board shall have the following powers and duties:
A. To review and approve, with or without modifications or conditions, or
deny an appeal from a decision of the building official with regard to a
variance from the mode or manner of construction proposed to be
followed, or materials to be used, in the erection or ALTERATION of a
BUILDING or STRUCTURE, or when it is claimed that the provisions
of the Florida Building Code and Florida Fire 'Prevention Code, as
listed in Chapter One, do not apply, or that an equally good or more
desirable form of construction can be employed in any specific case, or
when it is claimed that the true intent and meaning of such building
Page 7 of 20
--~"~.~ ,-~. ' .-
codes and technical codes or any of the regulations thereunder, have
been misconstrued or wrongly interpreted by the building official;
B. To accept appeals and render decisions pursuant to interlocal
agreements between the County and independent fire districts which
have entered into such agreements;
C. To recommend to the BCC additional or amended rules of procedure
not inconsistent with this LDC to govern the Building Board's
proceedings; and
D. To make its special knowledge and expertise available upon
reasonable written request and authorization of the BCC to any official,
department, board, commission, or agency of the County, state, or
federal governments.
8.05.03 Membership
A. Qualifications. The Building Board shall be composed of five (5)
regular members appointed by the BCC. The Collier County Fire
Marshall's Association may recommend for consideration by the BCC
those two (2) members, one (1) of whom would be an architect or
engineer, and one (1) of whom must be a fire protection specialist. The
Building Board shall consist of members engaged in the following
occupations who, by reason of education, experience, and knowledge,
are deemed to be competent to sit in judgment on matters concerning
the Florida Building Code and Florida Fire Prevention Code, as listed
in Chapter One:
1. One (1) state-licensed architect or one structural engineer;
2. One (1) class A general contractor;
3. One (1) state-certified fire protective equipment contractor or state-
certified firefighter with the rank of lieutenant or higher, or state
certified fire safety inspector with the rank of lieutenant or higher;
4. One (1) licensed electrical contractor; and
5. One(1) licensed plumbing or mechanical contractor.
B. Term. The members shall serve for a term of four (4) years, except for
initial appointees who shall serve as follows: two (2) for a term of one
(1) year; two (2) for a term of two (2) years; one (1) for a term of three
(3) years.
8.05.04 Quorum
Three (3) members of the Building Board shall constitute a quorum. In
varying the application of any provision of the Flori~a Building Code and
Florida Fire Prevention Code, or in modifying an order of the building
official or the public safety administrator, an affirmative vote of not less
than three (3) Building Board members shall be required.
Page 8 of 20
8.05.05 Rules of Procedure
A. The Building Board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of the Collier County
Building Code.
B. The building official shall act as secretary of the Building Board and
shall make a detailed record of all its proceedings, which shall include,
but shall not be limited to, all APPEAL decisions, the reasons for its
decisions, the vote of each member participating therein, the absence
of a member, and any failure of a member to vote.
8.06.00 ENVIRONMENTAL ADVISORY COUNCIL
8.06.01 Establishment
There is hereby established an Environmental Advisory Council ("ECA")
which. The EAC obtains its jurisdiction, powers, and limits of authority
from the BCC, and pursuant to this LDC, shall act in an advisory capacity
to the BCC in matters dealing with the regulation, control, management,
use, or exploitation of any or all natural resources of or within the County,
and the review and evaluation of specific zoning and DEVELOPMENT
petitions and their impact on those resources.
8.06.02 Purpose
The EAC will function to:
A. Advise on the preservation, conservation, protection, management,
and beneficial use of the physical and biological natural resources
(atmospheric, terrestrial, aquatic, and hydrologic) of the County in
regard to the safety, health, and general well-being of the public;
B. Advise and assist the County staff and the BCC toward developing the
pu rpose, intent, and criteria of all County ordinances, policies,
programs, and other initiatives dealing with natural resources;
C. Provide written and oral reports directly to the BCC regarding
recommendations on matters dealing with the protection of natural
resources; and
D. Review and recommend stipulations addressing the preservation,
conservation, protection, management, and beneficial use of the
County's physical and biological natural resources (atmospheric,
terrestrial, aquatic, and hydrologic) for petitions and/or plans for
selected DEVELOPMENT ORDERS, including, but not limited to,
rezones, DEVELOPMENTS of regional impact, provisional uses,
SUBDIVISION master plans, and planned unit DEVELOPMENT
amendments that are directed to the EAC by County staff, the BCC, or
the provisions of this LDC.
8.06.03 Powers and Duties
The powers and duties of the EAC are as follows:
Page 9 of 20
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A. Identify, study, evaluate, and provide technical recommendations to
the BCC on programs necessary for the conservation, management,
and protection of air, land, and water resources and
ENVIRONMENTAL QUALITY in the County;
B. Advise the BCC in establishing goals and objectives for the County's
environmental conservation and management programs;
C. Advise the BCe in developing and revising, as appropriate, local rules,
ordinances, regulations, programs, and other initiatives addressing the
use, conservation, and preservation of the County's natural resources;
D. Advise the BCC in the implementation and DEVELOPMENT of the
GMP regarding environmental and natural resource issues;
E. Advise the BCC in identifying and recommending solutions to existing
and future environmental issues;
F. Serve as the technical advisory committee to advise and assist the
County In the activities involved in the DEVELOPMENT and
implementation of the County environmental resources management
program as stated in the Collier County GMP;
G. Implement the water policy pursuant to this LDC; 'I
H. Provide an opportunity for public comment on environmental issues,
ordinances, and programs;
I. Implement the provisions of the Conservation and Coastal
Management Element of the Collier County GMP during the review
process for DEVELOPMENT petitions and/or plans;
J. Participate in the review and recommendation process for excavations
over 500,000 cubic yards,;
K. Assist in the implementation of any new programs, ordinances, and/or
policies adopted by the BCC which deal with the conservation,
management, and protection of air, land, water, and natural resources
and ENVIRONMENTAL QUALITY in the County;
L. Provide an appellate forum and process to hear disputes between
County staff and APPLICANTS concerning land DEVELOPMENT
projects and recommend proposed stipulations for project approval or
grounds for project denial for BCC consideration;
M. Function as an ENVIRONMENTAL IMPACT STATEMENT (EIS)
review board pursuant to Chapter 10; and
N. All preliminary SUBDIVISION plat and/or site DEVELOPMENT PLAN
submissions for DEVELOPMENT or site ALTERATION on a
SHORELINE and/or undeveloped coastal barrier shall be reviewed
and a recommendation shall be made for approval, approval with
conditions or denial by the EAC.
Page 10 of 20
1. An APPLICANT aggrieved by action of the EAC may appeal to
the BZA. Said appeal shall be in accordance with the procedure
and standards of section 10.02.02 for appeal of written
interpretations.
8.06.04 Membership
A. Appointment. Nine (9) members of the EAC shall be appointed by,
and serve at the pleasure of, the BCC. Appointment to the EAC shall
be by resolution of the BCC and shall set forth the dat~ of appointment
and the term of office. Each appointment or reappointment shall be for
a term of four (4) years. Terms shall be staggered so that no more than
a minority of such members' appointments will expire in anyone (1)
year.
B. Vacancies. Vacancies on the EAC shall be publicized in a publication
of general circulation within the County, and vacancy notices shall be
posted in the County libraries and County courthouse.
C. Qualifications. Members shall be permanent residents and electors of
the County and should be reputable and active in community service.
The primary consideration in appointing EAC members shall be to
provide the BCC with technical expertise and other viewpoints that are
necessary to effectively accomplish the EAC's purpose. In appointing
members, the BCC should consider a membership guideline of six (6)
technical members and three (3) non-technical members. Technical
members shall demonstrate evidence of expertise in one (1) or more of
the following areas related to environmental protection and natural
resources management: air quality, biology (including any of the
subdisciplines such as botany, ecology, zoology, etc.), coastal
processes, estuarine processes, HAZARDOUS WASTE,
hydrogeology, hydrology, hydraulics, land use law, land use planning,
pollution control, SOLID WASTE, stormwater management, water
resources, wildlife management, or other representative area deemed
appropriate by the Bee.
D. Removal. Any member of the EAC may be removed from office by a
majority vote of the BCC.
E. Officers. The officers of the EAC shall be a chairman and a vice-
chairman. Officers' terms shall be for one (1) year, with eligibility for
reelection. The chairman and vice-chairman shall be elected by a
majority vote at the organizational meeting and thereafter at the first
regular meeting of the EAC in October of each year. The chairman
shall preside at all meetings of the EAC. The vice-chairman shall
perform the duties of the chairman in the absence or incapacity of the
chairman. In case of removal, resignation, or death of the chairman,
the vice-chairman shall perform such duties as are imposed on the
chairman until such time as the EAC shall elect a new chairman.
Should the offices of chairman and or vice-chairman become vacant,
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the EAC shall elect a successor from its membership at the next
regular meeting. Such election shall be for the unexpired term of said
office.
8.06.05 Quorum and Voting
A simple majority of the appointed members of the EAC shall constitute a
quorum for the purpose of conducting business. An affirmative vote of five
(5) or more members shall be necessary in order to take official action,
regardless of whether five (5) or more members of the EAC are present at
a meeting.
8.06.06 Rules of Procedure
A. The EAC shall, by majority vote of the entire membership, adopt rules
of procedure for the transaction of business and shall keep a record of
meetings, resolutions, findings, and determinations.
B. The following standing subcommittees comprised solely of the EAC's
membership shall exist to advance the duties and responsibilities of
the EAC:
1. Growth management. The EAC may establish other
subcommittees comprised solely of its membership to facilitate its
functions. Meetings of the subcommittees shall conform to' the
same public notice requirements as that of the EAC.
8.06.07 Compensation
Members of the EAC shall serve without compensation, but shall be
entitled to receive reimbursement for expenses reasonably incurred in the
performance of their duties upon prior approval of the BCC.
8.06.08 Meetings
Regular meetings of the EAC shall be held on the first Wednesday of each
month at 9:00 a.m. or otherwise as determined by the County Manger or
designee, in the BCC's meeting room, third floor, BUILDING "F," Collier
County Government Complex, Naples, Florida. Special meetings of the
EAC may be called by the chairman or by a majority of the membership.
8.06.09 Evaluation of the EAC
The EAC shall be reviewed for major accomplishments and whether it is
serving the purpose for which it was created once every four (4) years
commencing with 2003 in accordance with the procedures contained in
Collier County Ordinance No. 86-41, as amended.
8.07.00 HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD
8.07.01 Establishment
There is hereby created a Historic/Archaeological Preservation Board
("Preservation Board,") which shall serve as an advisory board to the BCC
for Collier County, Florida. The Preservation Board is vested with the
Page 12 of 20
power, authority, and jurisdiction to designate, regulate, and administer
historical and archaeological resources in the County, as set forth by this
LDC, under the direct jurisdiction and control of the BCC.
8.07.02 Powers and Duties
The Preservation Board shall have the following powers and duties:
A. To propose rules and procedures to implement the provisions of this
section to the BCC;
B. To create a map delineating the areas of archaeological and historical
significance which shall be subject to approval, by resolution, of the
BCC. This map shall be known as "The map of Areas of Historical
Archaeological Probability" and shall be completed within one (1) year
from the date of the first meeting of the Preservation Board;
C. Maintain and update the map of Areas of Historical Archaeological
Probability at intervals not to exceed five (5) years. All subsequent
changes to the map shall be subject to approval by the BCC;
D. To designate specific sites, STRUCTURES, districts, BUILDINGS, and
properties as historically and or archaeologically significant in
accordance with section 2.03.07 E.;
E. To seek assistance and advice on technical related matters requiring
professional expertise;
F. To maintain a master file of sites, districts, STRUCTURES,
BUILDINGS, and properties designated as historically significant; and
maintain a separate master file of sites designated as archaeologically
significant;
G. To prepare and recommend to the BCC financial and technical
incentive programs to further historic and archaeological preservation;
H. To increase the awareness of historic and archaeological preservation
and its community benefits by promoting public education programs;
I. To apply for, in the name of the County only, grant assistance from
state, federal, or private sources for the purpose of furthering historic
and archaeological preservation subject to approval of the BCC;
J. To review the appropriateness of applying for the designation as a
certified local government (36 C.F.R. 961 (2001)) on behalf of the
County;
K. Upon the County's designation as a certified local government, to
review and make recommendations concerning National Register of
Historic Places nomination proposals to the Florida review board;
L. To identify criteria for determining the potential location of historical
archaeological sites which shall be used by project review services
during site inspection;
Page 13 of 20
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M. To design an application for the certificate of appropriateness;
N. To issue certificates of appropriateness based on criteria outlined in
the U.S. Secretary of the Interior's "Standards for Rehabilitation" 36
C.F.R. 967 (2001), as amended, and incorporated by reference herein;
O. To design an application for an historical archaeological survey and
assessment waiver request;
P. Review appeals for historical archaeological survey and assessment
waiver requests denied by the County Manger or designee;
a. To design an application for designation of specific sites, districts,
STRUCTURES, BUILDINGS, and properties as h isto rically
archaeologically significant; and
R. To perform any other function or duty assigned by the BCC.
8.07.03 Membership
A. Appointments. The Preservation Board shall consist of seven (7)
members appointed by the BCC. Each member of the Preservation
Board shall hold office only so long as he or she is a resident of Collier
County, Florida. Appointments shall be made by resolution of the BCC
on the basis of a potential member's involvement in community issues,
integrity, experience, and interest in the field of historical and
archaeological preservation.
B. Qualifications. The BCC shall appoint one (1) member from each of the
following categories:
1. History;
2. Archaeology;
3. Real estate, land DEVELOPMENT, or finance;
4. Architecture, engineering, BUILDING construction, and landscape
architecture; and
S. Law or urban planning.
The two (2) remaining positions shall be filled by citizens at large.
C. Term. All appointments shall be made for three (3) years. A
Preservation Board member shall be eligible for reappointment, but
shall be limited to two (2) consecutive terms.
D. Officers. The members of the Preservation Board shall elect a
chairman and a vice-chairman for a one (1) year term each. The
chairman shall preside at all meetings and shall have the right to vote.
The vice-chairman shall preside in the absence ,of the chairman. The
chairman and vice-chairman may be reelected for an additional one (1)
year term each, but may not serve for more than two (2) consecutive
years.
Page 14 of 20
E. Removal. Prior to the expiration of his or her term, a member of the
Preservation Board may be removed from office by a majority vote of
the BCC. A member of the Preservation Board shall be automatically
removed if he is absent from two (2) consecutive meetings without a
satisfactory excuse or, in the alternative, if he is absent from more than
one-fourth of the meetings in a given fiscal year, provided that the
Preservation Board has met at least eight (8) times in the given fiscal
year. Members shall be deemed absent from a meeting when they are
not present during at least seventy-five (75) percent of the meeting.
F. Vacancy. The BCC shall fill the vacancy by appointment.
8.07.04 Compensation
Members of the Preservation Board shall serve without compensation.
8.07.05 Meetings
A. The Preservation Board shall meet at least once per month, at a date
and time to be decided by the Preservation Board, unless there is no
business pending before the Preservation Board. Regardless of the
lack of pending business, the Preservation Board shall meet at least
four (4) times during any calendar year.
B. All meetings of the Preservation Board shall be open to the public.
C. A public record of the Preservation Board's minutes and resolutions
shall be maintained and made available for inspection by the public.
D. The Preservation Board's meeting agenda shall be published the
Sunday prior to the scheduled meeting in a newspaper of general paid
circulation in the County and of general interest and readership in the
community. The ad may be placed where other legal notices appear.
8.08.00 CODE ENFORCEMENT BOARD
A. General.
The provisions of this Code shall be enforced by (1) the Collier County
Code Enforcement Board pursuant to the authority granted by F.S. 9
162.01 et seq., (2) by the board of county commissioners through its
authority to enjoin and restrain any person violating the Code, or (3) by
Collier County through the prosecution of violations in the name of the
State of Florida pursuant to the authority granted by F.S. 9 125.69. The
county manager shall have the right to inspect those lands, waters, or
STRUCTURES affected by this Code and to issue citations for violations.
1. The term "county manager" as used in this Code shall mean the
county manager or his designee.
B. Violation.
Page 15 of 20
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Whenever, by the provisions of this Code, the performance of any act is
required, or the performance of any act is prohibited, or whenever any
regulation or limitation is imposed on the use or DEVELOPMENT of any
land or water, or on the erection of a STRUCTURE, a failure to comply
with such provisions shall constitute a violation of this Code.
C. Complaints regarding violations.
Whenever a violation of this Code occurs, or is alleged to have occurred,
any person may file a complaint. Such complaint stating fully the causes
and basis thereof shall be filed with the county manager. The county
manager, or his designee, shall record properly such complaint,
investigate, and take action thereon as provided by this Code. He shall
maintain as a public record, in his office, the disposition made of the
complaint.
D. Liability.
Any owner, tenant, or occupant of any land or STRUCTURE, or part
thereof, and any architect, engineer, builder, contractor, or any other
agent, or other person, firm, or corporation, either individually or through
its agents, employees, or independent contractor, who violates the
provisions of this Code, or who participates in, assists, directs, creates, or
maintains any situation that is contrary to the requirements of this Code,
shall be held responsible for the violation and be subject to the penalties
and remedies provided herein or as otherwise provided by statute or
ordinance.
E. Procedures upon discovery of violations.
1. Upon the determination that any provision of this Code is being
violated, the county manager or his designee, before prosecuting
said violations before the code enforcement board, shall send a
written notice by registered or by certified mail return receipt
requested or by hand delivery to the person(s) responsible for such
violation, indicating the nature of the violation and ordering the
action necessary to correct it. Additional written notices may be
sent at the county manager's discretion.
2. The written notice shall state the action the county manager intends
to take, if the violation is not corrected.
3. Before a violation of any of the provisions of this Code is prosecuted
before the code enforcement board, written notice by registered or
certified mail, return receipt requested, shall be serviced by the
Page 16 of 20
county manager or his designee according to the requirements of
Ordinance No. 92-80, as may be amended from time to time [Code
ch. 2, art. VIII, div. 11].
4. If the violation is of a nature that it can be corrected by an official
zoning atlas amendment or through the granting of a variance, the
county administrator is authorized to suspend enforcement actions
pending the outcome of such proceedings; provided that the
person(s) responsible for the violation file the appropriate
application forms for official zoning atlas amendment or variance
hearing with the county manager within ten calendar days of the
receipt of notice of violation. If the outcome of an official zoning
atlas amendment request or variance request does not remedy the
violation, the person(s) responsible for the violation shall have 15
calendar days to correct the violation, unless granted an extension
by the county manager as set forth above.
S.ln cases where delay would seriously threaten the effective
enforcement of this Code or pose a danger to the public health,
safety, or general welfare, the county manager may seek
enforcement without prior written notice by invoking any of the
remedies contained in this Code or otherwise provided by law.
F. Criminal penalties and remedies.
1. A person who violates any of the provisions of this Code, or fails to
comply with any of its requirements, or fails to abide by and obey all
orders and resolutions promulgated as herein provided, shall be
subject to prosecution in the name of the state in the same manner
as misdemeanors are prosecuted, pursuant to the terms of F.S. S
125.69, as amended, and shall be subject to all criminal penalties
authorized by the State of Florida for such violation. Upon
conviction, such person shall be punished by a fine not to exceed
$500.00 or by imprisonment in the county jail not to exceed 60
days, or by both such fine and imprisonment.
2. Each calendar day that any violation continues after receipt of a
written notice of such violation shall constitute a separate violation
and a separate offense for purposes of the penalties and remedies
specified herein.
3. In addition to the penalties and remedies above, the county
manager may institute any appropriate actions or proceedings to
prevent, restrain, correct, or abate a violation of this Code, as
provided by law.
Page 17 of 20
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G. Civil penalties and remedies.
1. Cease and desist orders. The county manager is authorized to
issue cease and desist orders in the form of written official notices
sent by registered mail to the person(s) responsible for the
violation.
2. Revocation of BUILDING permits, certificates of occupancy, or
other DEVELOPMENT ORDERS, permits or approvals. The county
manager may revoke any BUILDING permit, certificate of
occupancy, DEVELOPMENT ORDER, DEVELOPMENT permit, or
DEVELOPMENT approval, whatsoever, in those cases where an
administrative determination has been duly made that, relevant to
the provisions and requirements of this Code, false statements or
misrepresentations existed as to material fact(s) in the application
or plans upon which the permit or approval was based.
3. Suspension of BUILDING permits, certificates of occupancy, or
other DEVELOPMENT ORDERS, permits or approvals. The county
manager may, to the extent permitted by law, suspend any
BUILDING permit, certificate of occupancy, DEVELOPMENT
ORDER, DEVELOPMENT permit, or DEVELOPMENT approvals
whatsoever, where an administrative determination has been duly
made that, relevant to the provisions and requirements of this
Code, an error or omission on either the part of the APPLICANT or
government agency existed in the issuance of the permit or
approval. A valid permit or certificate shall be issued in place of the
incorrect permit or certificate after correction of the error or
omission.
4. Stop work order. For any violation of the provisions of this Code
which constitutes a threat to life or to public or private property, the
county manager shall have the authority to issue a stop work order
in the form of a written official notice given to the owner of the
subject property or to his agent or to the person doing the work
where such a violation has been committed or exists. Upon notice
from the county administrator that any action or work is occurring
contrary to the provisions of this Code, and it constitutes a threat to
life or to public or private property, such action or work shall
immediately be stopped. The notice shall state the conditions under
which the action or work may be resumed. Where any emergency
exists, oral notice given by the county administrator shall be
sufficient.
H. Other remedies.
Page 18 of 20
The county manager or the board of county commissioners may have
recourse to such other remedies in law and equity as may be necessary to
ensure compliance with the provisions of the Code, including the following:
1. Injunctive relief to enjoin and restrain any person from violating the
provisions of the Code and recovery of damages for such violation;
2. Prosecution by the stat~attorney's office as provided by F.S. S
125.69, as amended;
3. Prosecution before the Collier County Code Enforcement Board;
4. Revocation of any permit or changing the conditions of any permit;
S. Withholding the issuance of any construction plan approval,
BUILDING permit, certificate of occupancy, or inspection by the
county;
6. Requiring replacement by the property owner of any vegetation
removed in violation of the land AL TERA TION and landscaping
regulations or in violation of any permit issued under the Qode,
including corrective measures pursuant to section 10.02.06 C.
Replacement trees shall be of sufficient size and quantity to replace
the dbh (DIAMETER AT BREAST HEIGHT) of inches removed. At
the time of planting, a replacement tree shall have a minimum dbh
of three inches and a minimum height of 14 feet and a seven-foot
crown; and
7. Recovery of attorneys' fees, expert witness fees, and costs,
including those on appeal, incurred by the county for in-house
county attorneys and staff experts and for outside legal counsel
experts.
I. Notice and appeal.
All administrative decisions authorized by this Code for a pending violation
of the Code concerning a stop work order, or the issuance, revocation, or
suspension of BUILDING permits, certificates of occupancy,
DEVELOPMENT ORDERS, DEVELOPMENT permits, or
DEVELOPMENT approvals, whatsoever, shall be reduced to writing and
sent by registered mail, return receipt requested, to the official holder of
the affected DEVELOPMENT approval or permit APPLICANT.
Administrative decisions of the county manager, or ~uthorized official, may
not be appealed to the board of county commissioners, board of zoning
appeals, code enforcement board, or BUILDING board of adjustments
and appeals, except as may be otherwise authorized by this Code or by
Page 19 of 20
_._-
other regulation adopted by reference as a part of this Code.
J. Prosecution under previous regulations.
Any prosecution arising from a violation of any prior code, ordinance, or
regulation of Collier County superseded by this Code, which prosecution
was pending at the effective date of this Code, or any prosecution which
may be begun within one year after the effective date of this Code, in
consequence of any violation of any prior code, ordinance, or regulation
superseded hereby, which violation was committed prior to the effective
date of this Code, shall be tried and determined exactly as if such prior
code, ordinance, or regulation had not been superseded.
8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION
8.09.01 Creation and Appointment of the Community Development and
Environmental Services Administrator
The community development and environmental services administrator shall be the
agency head of the community development and environmental services division
and shall be appointed by and serve at the pleasure of the county manager.
8.09.02 Jurisdiction, Authority and Duties
In addition to the jurisdiction, authority and duties which may be conferred upon the
community development and environmental services administrator by other
provisions of the county Code of Collier County or the county manager, the
community development and environmental services administrator shall have the
following jurisdiction, authority and duties:
A. To provide the board of county commissioners, the Development
Services Advisory Committee, planning commission, the board of zoning
appeals, the building board of adjustments and appeals, the code
enforcement board, and the contractors' licensing board, with reports and
recommendations with respect to matters before such bodies as directed
by the board of county commissioners or the county manager.
B. To administer and manage the Planning Services, Pollution Control,
Natural Resources, Building Review and Permitting, Code Enforcement
and housing and urban improvement departments, and oversee the
preparation of the budget for each.
C. For the purposes of this code the phrases Development Services
Director, Growth Management Director, Code Compliance Director,
Growth Planning Director and Planning Services Director, shall mean the
Community Development and Environmental Services Administrator, or
his designee.
Page 20 of 20
9.01.00 GENERALLY
9.02.00 DEVELOPMENT WITH VESTED RIGHTS
9.02.01 Purpose
9.02.02 Criteria required for a determination of vested rights
9.02.03 Procedure for a determination of vested rights
9.03.00 NONCONFORMITIES
9.03.01 Generally
9.03.02 Requirements for continuation of nonconformities
9.03.03 Types of nonconformities
9.04.00 VARIANCES
9.04.01 Generally
9.04.02 Types of variances authorized
9.04.03 Criteria for variances
9.04.04 Specific requirements for Minor After-the-fact Yard
Encroachments
9.04.05 Specific requirements for variances to flood hazard protection
requirements
9.04.06 Specific Requirements for Variance to the Coastal
Construction Setback Line
9.04.07 Specific Requirements for Waiver of Automobile Service
Station Distance Requirements
-. -.-
CHAPTER 9 - V ARIA TIONS FROM CODE REQUIREMENTS
9.01.00 GENERALL Y
This chapter is intended to provide mechanisms for obtaining relief from the provisions
of the LDC where it is necessary to vary from the requirements of the LDC. Variation
from the regulations in the LDC may result from the following circumstances:
DEVELOPMENT that is vested for the use ,or design standards that apply to the
property; DEVELOPMENT that is NONCONFORMING; or DEVELOPMENT that is
granted approval to vary from one or more regulations by the Soard of Zoning Appeals.
Each of these circumstances is described in this chapter.
9.02.00 DEVELOPMENT WITH VESTED RIGHTS
[Reserved]
9.03.00 NON CONFORMITIES
9.03.01 Generally
A. Intent
Within the zoning districts established by the LDC or amendments that
may later be adopted, there may exist LOTS, STRUCTURES, uses of
land, water and STRUCTURES, and characteristics of use which were
lawful before the LDC was adopted or amended, but which would be
prohibited, regulated, or restricted under the terms of LDC or future
amendments. It is the intent of this section to permit these
NONCONFORMITIES to continue until they are voluntarily renovated or
removed as required by the LDC, but not to encourage their survival. It is
further the intent of the LDC that the NONCONFORMITIES shall not be
enlarged upon, expanded, intensified, or extended, nor be used as
grounds for adding other STRUCTURES or uses prohibited elsewhere in
the same district.
S. Declaration
NONCONFORMING uses are declared by this section to be incompatible
with permitted uses in the districts involved. A NONCONFORMING use of
a STRUCTURE, a NONCONFORMING use of land or water, or a
NONCONFORMING use of STRUCTURE, land or water in combination
shall not be extended or enlarged after the effective date of the LDC or
relevant amendment thereto by attachment on a STRUCTURE or
premises of additional SIGNS intended to be seen from off the premises,
or by the addition of other uses of a nature which would be prohibited
generally in the district involved, except as provided for within section
9.03.03 S.4.
C. Vested projects
Page 1 of 22
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To avoid undue hardship, nothing in the LDC shall be deemed to require a
change in the plans, construction, or designated use of a BUILDING or
property on which a BUILDING permit had been applied for prior to the
effective date of adoption of relevant amendment of the LDC. In addition,
nothing in the LDC shall be deemed to require a change in the plans,
construction, or designated use of any property for which a
DEVELOPMENT PLAN was lawfully required and approved prior to the
effective date of adoption of relevant amendment of the LDC, provided
that such plan shall expire two (2) years from the date of said approval, or
one (1) year from the date of adoption of the LDC, whichever shall first
occur, if no actual construction has been commenced; and thereafter, all
DEVELOPMENT shall be in accordance with the zoning regulations then
in effect. Any such approved plat or plan may be amended by approval of
the BCC, provided the degree of nonconformity with the LDC shall not be
increased.
D. Casual, temporary, or illegal use
The casual, temporary, or illegal use of land or STRUCTURES, or land
and STRUCTURES in combination, shall not be sufficient to establish the
existence of a NONCONFORMING use or to create rights in the
continuance of such use.
E. Uses under CONDITIONAL USE provisions not NONCONFORMING
uses
All uses lawfully existing on the effective date of the LDC which are
permitted as a CONDITIONAL USE in a district under the terms of the
LDC shall not be deemed a NONCONFORMING use in such district, but
shall without further action be deemed to have a CONDITIONAL USE
pe rm it.
F. Change to conforming use requires future conformity with district
regulations
Where a STRUCTURE, or STRUCTURE and premises in combination, in
or on which a NONCONFORMING use is replaced by a permitted use
shall thereafter conform to the regulations for the district in which the
STRUCTURE is located, and [sic] the NONCONFORMING use shall not
thereafter be resumed nor shall any other NONCONFORMING use be
permitted.
G. NONCONFORMITIES not involving the use of a PRINCIPAL
STRUCTURE
NONCONFORMITIES not involving the use of a PRINCIP AL
STRUCTURE, including, but not limited to, open storage, BUILDING
supplies, vehicles, MOBILE HOMES, trailers, equipment and machinery
storage, junkyard, commercial animal YARDS and the like, shall be
discontinued within one (1) year of the effective date of the LDC or
relevant amendment of the LDC.
Page 2 of 22
H. Safety of NONCONFORMITIES
1. If a NONCONFORMING STRUCTURE or portion of a
STRUCTURE, or any STRUCTURE containing a
NONCONFORMING use becomes physically unsafe or unlawful
due to lack of repairs or maintenance, and is declared by the duly
authorized official of Collier County to be unsafe or unlawful by
reason of physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations of the
district in which it is located.
2. If a NONCONFORMING STRUCTURE or portion of a
STRUCTURE, or any STRUCTURE containing a
NONCONFORMING use, becomes physically unsafe or unlawful
for reasons other this lack of repairs or maintenance, nothing
contained herein shall be deemed to prevent the strengthening or
restoring to a safe condition of such BUILDING or part thereof
declared to be unsafe by the authorized official of Collier County
charged with the public safety; provided, however, that where such
unsafeness or unlawfulness is the result of damage from
destruction, the percentage of damage limitations set out in section
9.03.02 F.3., as the case may be, shall apply.
9.03.02 Requirements for Continuation of NONCONFORMITIES
Where, at the effective date of adoption or relevant amendment of the
LDC, lawful use of lands or waters exists which would not be permitted
under the LDC, the use may be continued, so long as it remains otherwise
lawful, provided:
A. Enlargement, increase, intensification, alteration
No such NONCONFORMING use shall be enlarged, intensified,
increased, or extended to occupy a greater area of land, STRUCTURE, or
water than was occupied at the effective date of adoption or relevant
amendment of the LDC, except a single-family, DUPLEX, or MOBILE
HOME use as provided for within section 9.03.03 804.
8. Extension of use in BUILDING manifestly designed for such use
Any NONCONFORMING use may be extended throughout any parts of a
BUILDING which were manifestly arranged or designed for such use at
the effective date of adoption or relevant amendment of the LOC. Any
NONCONFORMING use which occupied a portion of a BUILDING not
originally designed or intended for such use shall not be extended to any
other part of the BUILDING. No NONCONFORMING use shall be
extended to occupy any land outside the BUILDING, nor any additional
BUILDING on the same LOT or PARCEL, ' not used for such
NONCONFORMING use at the effective date of adoption or relevant
amendment of the LOC.
C. Change in tenancy or ownership
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There may be a change in tenancy, ownership, or management of a
NONCONFORMING use provided there is no change in the nature or
character of such NONCONFORMING use.
D. Change in use.
If no structural alterations are made, any NONCONFORMING use of a
STRUCTURE, or of a STRUCTURE and premises in combination may be
changed to another NONCONFORMING use of the same character, or to
a more restricted NONCONFORMING use, provided the, board of zoning
appeals, upon application to the County Manager or designee, shall find
after public notice and hearing that the proposed use is equally or more
appropriate to the district than the existing NONCONFORMING use and
that the relation of the STRUCTURE to surrounding properties is such that
adverse effect on occupants and neighboring properties will not be greater
than if the existing NONCONFORMING use is continued. In permitting
such change, the board of zoning appeals may require appropriate
conditions and safeguards in accordance with the intent and purpose of
the LDC.
E. Movement
No such NONCONFORMING use shall be moved in whole or in part to
any portion of the LOT or PARCEL other than that occupied by such use
at the effective date of adoption or relevant amendment of the LDC.
F. Discontinuance or destruction
1. If any such NONCONFORMING use ceases for any reason
(except where governmental action impedes ACCESS to the
premises) for a period of more than 180 consecutive days, any
subsequent use of land shall conform to the regulations specified
by the LDC for the district in which such land is located.
2. Notwithstanding the above definitions of discontinuance relative to
a NONCONFORMING use of land or water or STRUCTURE,
where the use of land, water or a STRUCTURE has ceased for a
period of more than ninety (90) consecutive days, and where such
property or use is deficient in the required amount of paved, striped
parking, including parking and ACCESS to the STRUCTURE for
the disabled; water management facilities; landscaping; and other
site improvements as required in Chapter Four of the LDC, prior to
the recommencement of any use of land, water or STRUCTURE,
said deficiencies as may apply shall be remedied, to the greatest
extent possible given the physical constraints on the property, via
the appropriate administrative processes found in Chapter Ten, or
as otherwise required by the LDC.
3. When NONCONFORMING use status applies to a major
STRUCTURE or STRUCTURES, or to a major STRUCTURE or
STRUCTURES and premises in combination I removal or
Page 4 of 22
destruction of the STRUCTURE or STRUCTURE shall eliminate
the NONCONFORMING status of the land. "Destruction" of the
STRUCTURE for purposes of this subsection is hereby defined as
damage to the extent of more than fifty (50) percent of the
replacement cost at the time of the destruction. Upon removal or
destruction as set out in this section, the use of land and
STRUCTURES shall therefore conform to the regulations for the
district in which such lancUs located.
G. Repairs and maintenance
On any NONCONFORMING STRUCTURE or portion of a STRUCTURE
and on any STRUCTURE containing a NONCONFORMING use, work
may be done in any period of twelve (12) consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or
plumbing to an extent not exceeding twenty (20) percent of the current
assessed valuation of the STRUCTURE (or of the NONCONFORMING
portion of the STRUCTURE if a NONCONFORMING portion of a
STRUCTURE is involved), provided that the cubic content of the
STRUCTURE existing at the date it becomes NONCONFORMING shall
not be increased except subject further to the exception provided at
section 9.03.03 S., herein.
H. SUBDIVISION or structural additions
No land in NONCONFORMING use shall be subdivided, nor shall any
STRUCTURES be added on such land except for the purposes and in a
manner conforming to the regulations for the district in which such land is
located; provided, however, that SUBDIVISION may be made which does
not increase the degree of nonconformity of the use.
9.03.03 Types of NONCONFORMITIES
A. NONCONFORMING LOTS OF RECORD
In any district, any permitted or permissible STRUCTURE may be erected,
expanded, or AL TERED on any LOT OF RECORD at the effective date of
adoption or relevant amendment to the LDC.
1. The minimum YARD requirements in any residential district except
RMF-6 and E estates) shall be as for the most similar district to
which such LOT OF RECORD most closely conforms in area,
width and permitted use, except that when possible the greater of
any YARD requirement in either district shall apply, and except
when specifically provided for in the district regulations.
2. The minimum side YARD requirement in any commercial or
industrial district shall be equal to the height of the proposed
PRINCIPAL STRUCTURE, or the minimum side YARD
requirement in the district, whichever is lesser.
Page 5 of 22
-.-.., ,.~_.~-".~ _..,-
3. NONCONFORMING through LOTS, i.e., double FRONTAGE
LOTS, legal NONCONFORMING LOTS OF RECORD with double
road FRONTAGE, which are NONCONFORMING due to
inadequate LOT depth, in which case, the FRONT YARD along
the local road portion shall be computed at the rate of fifteen (15)
percent of the depth of the LOT, as measured from edge of the
RIGHT -OF-W A Y.
4. The NONCONFORMING through LOT utilizing the reduced
FRONT AGE shall establish the LOT FRONT AGE along the local
road only. FRONT AGE along a COLLECTOR or ARTERIAL
ROADway to serve such LOTS is prohibited. FRONT YARDS
along the local road shall be developed with STRUCTURES
having an average FRONT YARD of not more than six (6) feet; no
BUILDING thereafter erected shall project beyond the average line
so established.
5. When two or more ADJACENT legal NONCONFORMING LOTS
OF RECORD are either combined under a single folio or parcel
number for taxing purposes by the property appraiser's office, or
combined as a single parcel by recording the previously separate
NON-CONFORMING LOTS into one legal description, neither or
both of these actions will prohibit the owner or future owners from
subsequently splitting the parcel into two or more folio or parcel
numbers for tax purposes, or severing the PARCELS into their
former legal descriptions as legal NONCONFORMING LOTS OF
RECORD according to the original legal description(s) at the time
the property was recognized as legal NONCONFORMING. Prior
to any two or more ADJACENT legal NON-CONFORMING LOTS
being combined for DEVELOPMENT, a legally binding document
must be recorded to reflect a single parcel with a unified legal
description. Once such a document has been recorded to amend
the legal description and a DEVELOPMENT permit has been
approved by the County for DEVELOPMENT as that unified
parcel, the property can not be split or subdivided except as may
then be allowed by this code.
B. NONCONFORMING STRUCTURES
Where a STRUCTURE lawfully exists at the effective date of the adoption
of this ordinance or relevant amendment that could not be built under the
LDC by reason of restrictions on LOT area, LOT COVERAGE, height,
YARDS, location on the LOT, or requirements other than use concerning
the STRUCTURE, such STRUCTURE may be continued so long as it
remains otherwise lawful, subject to the following pro'visions:
1. No such NONCONFORMING STRUCTURE may be enlarged or
AL TERED in a way which increases its nonconformity, but any
Page 6 of 22
STRUCTURE or portion thereof may be ALTERED to decrease its
nonconformity; provided, however, that the alteration, expansion,
or replacement of NONCONFORMING SINGLE-FAMIL Y
DWELLINGS, DUPLEXES or MOBILE HOMES shall be permitted
in accordance with section 9.03.03 804.
2. Should such NONCONFORMING STRUCTURE or
NONCONFORMING portion of a STRUCTURE be destroyed by
any means to an extent of more than fifty (50) percent of its actual
replacement cost at time of destruction, as determined by a cost
estimate submitted to the site DEVELOPMENT review director, it
shall not be reconstructed except in conformity with provisions of
the LDC.
a. DOCKS and BOATHOUSES are not subject to the
provisions of Section (8)(2) above. DOCKS and
BOATHOUSES must be reconstructed to conform to the
Code only if the reconstruction of the DOCK or
BOATHOUSE will expand or ALTER the original
NONCONFORMING facility with regard to deck area,
protrusion, SETBACKS, or the addition of any covered
STRUCTURE, regardless of the percentage of destruction or
repairs performed. The determination of legal
NONCONFORMING status will be established by
presentation of a signed, sealed survey, a copy of the
Property Appraiser's record, or other dated photography or
documentation showing that the facility existed in its present
location and configuration prior to 1990. Any expansion of
the facility, no matter how insignificant will void legal
NONCONFORMING status and require strict compliance to
the Code.
3. Should such STRUCTURE be moved for any reason for any
distance whatever, other than as a result of governmental action, it
shall thereafter conform to the regulations for the district in which it
is located after it is moved.
4. NONCONFORMING residential STRUCTURES, which for the
purpose of this section shall mean detached SINGLE-FAMILY
DWELLINGS, DUPLEXES or MOBILE HOMES in existence at the
effective date of this zoning Code or its relevant amendment and in
continuous residential use thereafter, may be ALTERED,
expanded, or replaced upon recommendation of the Collier County
Planning Commission and approval of the 80ard of Zoning
Appeals by resolution.
S. Notwithstanding the foregoing restrictions as to reconstruction,
any residential STRUCTURE or STRUCTURES in any residential
zone district may be rebuilt after destruction to the prior extent,
Page 7 of 22
---" --~-"" --.--
height and DENSITY of units per acre regardless of the
percentage of destruction, subject to compliance with the
applicable BUILDING code requirements in effect at the time of
redevelopment. In the event of such rebuilding, all SETBACKS
and other applicable district requirements shall be met unless a
V ARIANCE therefore is obtained from the Board of Zoning
Appeals. For the purpose of this section, a HOTEL, MOTEL, or
BOATEL shall be considered to be a residential STRUCTURE.
Since the size and nature of the alteration, expansion or
replacement of such NONCONFORMING STRUCTURES may
vary widely, a site plan, and if applicable, preliminary BUILDING
plans indicating the proposed alteration, expansion or replacement
shall be presented with each petition. Prior to granting such
alteration, expansion or replacement of a NONCONFORMING
SINGLE-FAMIL Y DWELLING, DUPLEX or MOBILE HOME, the
Planning Commission and the Bee shall consider and base its
approval on the following standards and criteria:
a. The alteration, expansion, or replacement will not increase the
DENSITY of the PARCEL or LOT on which the
NONCONFORMING SINGLE-FAMILY DWELLING, DUPLEX,
or MOBILE HOME is located;
b. The alteration, expansion, or replacement will not exceed the
BUILDING HEIGHT requirements of the district most closely
associated with the subject NONCONFORMING use;
c. The alteration, expansion, or replacement will not further
encroach upon any NONCONFORMING SETBACK;
d. The alteration, expansion, or replacement will not decrease or
further decrease the existing parking areas for the
STRUCTURE;
e. The alteration, expansion, or replacement will not damage the
character or quality of the neighborhood in which it is located
or hinder the proper future DEVELOPMENT of the
surrounding properties; and
f. Such alteration, expansion, or replacement will not present a
threat to the health, safety, or welfare of the community or its
residents.
C. Requirements for improvements or additions to NONCONFORMING
MOBILE HOMES
1. Improvements or additions to NONCONFORMING MOBILE
HOMES containing conforming uses, in the A agriculture district
only, shall be permitted if the addition or improvement complies
fully with the SETBACK and other applicable regulations.
Page 8 of 22
2. Issuance and reissuance of BUILDING permits when MULTIPLE
MOBILE HOMES are located on a single PARCEL of land: Where
specific zoning districts permit MOBILE HOME DEVELOPMENT
and said lands have been substantially developed prior to the
effective date of the LDC with multiple MOBILE HOMES under
singular ownership without an approved site DEVELOPMENT
PLAN, as required by Chapter Ten of the LDC, no further
BUILDING permits for the placement or replacement of MOBILE
HOMES may be obtained except as defined below.
3. Prior to issuance of any BUILDING permit for replacement of a
MOBILE HOME, the property owner or AUTHORIZED AGENT
shall provide the County Manger or designee, or his designee, with
three copies of a scaled drawing of the subject PARCEL which
indicates:
a. Proof of BUILDING permit issuance for STRUCTURE being
replaced.
b. The location of the STRUCTURE to be replaced and its
relationship to ADJACENT MOBILE HOMES and PARCEL
boundaries.
4. Prior to issuance of a BUILDING permit for any additional MOBILE
HOME(S), the APPLICANT or AUTHORIZED AGENT shall obtain
a SITE DEVELOPMENT PLAN, consistent with Chapter 10 of the
LDC. As part of the SDP application, BUILDING permit numbers of
all existing MOBILE HOMES shall be submitted.
S. In no case shall the issuance or reissuance of BUILDING permits
cause the DENSITY of the subject PARCEL to exceed that
provided in the DENSITY rating system of the GMP or the
Immokalee future land use map, except as may be provided in
section 9.03.03 8.4. of the LDC.
D. NONCONFORMING SIGNS
Existing SIGNS not expressly prohibited by this Code and not conforming
to its provisions shall be regarded as NONCONFORMING SIGNS.
1. The following SIGNS, and SIGN STRUCTURES shall be removed
or made to conform to this Code within 90 days from the effective
date thereof.
a. SIGNS made of paper, cloth or other nondurable materials.
b. All temporary SIGNS.
c. Those SIGNS described in sections 5.06.02 G., 5.06.02 M.,
5.06.02 N., 5.06.02 a. and 5.06.02 R.
Page 9 of 22
,,-- ~._-"~ -~_._"-' ---
d. All NONCONFORMING on-premises SIGNS, and SIGN
STRUCTURES having an original cost or value of $100.00 or
more, and originally built prior to January 1 st; 1991, which do
not conform to the requirements of the 1991 Code and all
illuminated and/or animated SIGNS, neon or otherwise, installed
inside commercial establishments and intended to be seen from
the outside may be maintained until February 1 st, 2003, at
which date all such SIGNS must be made to, comply with the
requirements of this Code or removed, except as provided
below:
2. NONCONFORMING off-premises SIGNS. All NONCONFORMING
off-premises SIGNS, and SIGN STRUCTURES having an original
cost or value of $100.00 or more may be maintained for the longer
of the following periods:
a. Two years from the date upon which the SIGN became
NONCONFORMING under this ordinance.
b. A period of three to seven years from the effective date of this
ordinance, according to the amortization table below.
SIGN CosWalue Permitted Years
from Effective
Date of this
Amendment
$100.00 to 3
$1.000.00
$1,001.00 to 4
$3,000.00
$3,001.00 to 5
$10,000.00
More than 7
$10,000.00
c. Any owner of an off-premises SIGN who requests an
amortization period longer than two years shall, within one year
from the date of enactment of these regulations, register the
SIGN with the code enforcement director, or his designee. The
following information shall be provided at the time of
registration; the cost or value, whichever is greater, of the SIGN;
the date of erection; or the cost or value and date of the most
recent renovation; a photograph of the SIGN or SIGNS and their
supporting STRUCTURE, not less than five inches by seven
Page 10 of 22
inches in size; and a written agreement to remove the SIGN at
or before the expiration of the amortization period applicable to
the SIGN. The off-premise SIGN owner's signature shall be
witnessed before a notary public on all requests for extended
amortizations. A registration fee of $50.00 shall be paid at the
time of registration.
3. Continuation of NONCONFORMING SIGNS
Subject to the limitations imposed by section 9.03.03 D. above, a
NONCONFORMING SIGN may be continued and shall be maintained
in good condition for the duration of amortization period as required by
this Code, but shall not be:
a. Structurally or mechanically extended or altered to further the
nonconformity, except in cases where it has been determined
that there exists imminent danger to the public safety.
b. Repaired or rebuilt when destroyed or damaged to the extent of
50 percent or more of its replacement value, except in
conformity with this Code.
c. A NONCONFORMING permanent on-premises or off-premises
SIGN shall not be replaced by another NONCONFORMING
SIGN. All NONCONFORMING SIGNS shall be brought into full
compliance as part of any future change requiring a BUILDING
permit. A permit for routine maintenance or non-structural
repairs shall be exempt from the requirements of this subsection
provided the cost of such repairs does not exceed 50 percent of
the replacement cost of the SIGN. Substitution or interchange of
letters, on NONCONFORMING SIGNS shall be permitted
through the period of nonconformity established by this Code.
d. Continued in use when any land use to which the SIGN pertains
has ceased for a period of 90 consecutive days, or has
otherwise changed.
S. NONCONFORMING status shall not be afforded to any SIGN
erected without the required permit issued by the county, state, or
any federal agency either before or after the enactment of this
Code, or to any pre-existing SIGNS which have been illegally
installed, constructed, placed or maintained.
9.04.00 VARIANCES
9.04.01 Generally
A. Purpose
Page 11 of 22
-- -.....,-.--.--- -"--~---'-
In specific cases, variance from the terms of the LDC may be granted
where said variance will not be contrary to the public interest, safety, or
welfare and where owing to special conditions peculiar to the property, a
diminution of a regulation is found to have no measurable impact on the
public interest, safety or welfare; ora literal enforcement of the LDC would
result in unnecessary and undue hardship, or practical difficulty to the
owner of the property and would otherwise deny the property owner a
level of utilization of his/her, property that is consistent with the
DEVELOPMENT pattern in the neighborhood and clearly has no adverse
effect on the community at large or neighboring property owners.
B. Historic Places
Variances may be issued for the reconstruction, rehabilitation or
restoration of STRUCTURES listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
9.04.02 Types of variances authorized
A variance is authorized for any dimensional DEVELOPMENT standard,
including the following: height, area, and size of STRUCTURE; height of
fence; size of YARDS and OPEN SPACES; dimensional aspects of
landscaping and BUFFERING requirements; size, height, . I
maxImum
number of, and minimum SETBACK for SIGNS; and minimum
requirements for off-STREET parking facilities.
A. Variances for SIGNS
The board of zoning appeals based upon the evidence given in public
hearing; and the findings of the planning commission should determine to
the maximum extent possible if the granting of the variance will diminish or
otherwise have a detrimental effect on the public interest, safety or
welfare. A variance from the terms of this zoning code may be granted
based on the requirements of this section 9.04.00 or where it can be
demonstrated that a SIGN has significant historic or community
significance, and pursuant to the criteria and procedures set forth in this
section 9.04.00. In granting any variance, the board of zoning appeals
may prescribe the following:
1. Appropriate conditions and safeguards in conformity with this Code
or other applicable county ordinances. Violation of such conditions
and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this Code.
2. A reasonable time limit within which the action for which the
variance required shall be begun or completed or both.
9.04.03 Criteria for variances
Page 12 of 22
A. There are special conditions and circumstances existing which are
peculiar to the location, size, and characte ristics of the land,
STRUCTURE, or BUILDING involved.
B. There are special conditions and circumstances which do not result
from the action of the APPLICANT, such as pre-existing conditions
relative to the property which is the subject of the variance request.
C. A literal interpretation of the provisions of the LDC work unnecessary
and undue hardship on the APPLICANT or create practical difficulties
on the APPLICANT.
O. The variance, if granted, will be the minimum variance that will make
possible the reasonable use of the land, BUILDING, or STRUCTURE
and which promote standards of health, safety, or welfare.
E. Granting the variance requested will not confer on the petitioner any
special privilege that is denied by these zoning regulations to other
lands, BUILDINGS, or STRUCTURES in the same zoning district.
F. Granting the variance will be in harmony with the intent and purpose of
the LOC, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
I
G. There are natural conditions or physically induced conditions that
ameliorate the goals and objectives of the regulation, such as natural
preserves, lakes, golf course, etc.
H. Granting the variance will be consistent with the GMP.
9.04.04 Specific Requirements for Minor After-the-fact YARD Encroachments
Minor after-the-fact YARD encroachments may be approved
administratively by the County Manager or designee. For the purposes of
this subsection, minor YARD encroachments shall be divided into three
(3) classifications:
A. STRUCTURES for which a BUILDING permit has been issued and is
under review, but for which a certificate of occupancy has not been
granted. The County Manager or designee may administratively
approve minor after-the-fact YARD encroachments of up to five (5)
percent of the required YARD, not to exceed a maximum of six (6)
inches. For SINGLE-FAMIL Y, MOBILE/MODULAR HOMES,
DUPLEX, and two-family DWELLING UNITS only, in the presence of
mitigating circumstances, where the encroachment does not result
from error or action on the part of the APPLICANT, the County
Manager or designee may administratively approve encroachments of
up to twenty-five (25) percent of the required YARD.
B. STRUCTURES for which a BUILDING permit and certificate of
occupancy or a FINAL DEVELOPMENT ORDER has been granted.
The County Manager or designee may administratively approve minor
after-the-fact YARD encroachments of up to ten (10) percent of the
Page 1 3 of 22
-- n_'_....~
required YARD which requirement was in effect as of the date on
which the certificate of occupancy or FINAL DEVELOPMENT ORDER
was issued, not to exceed a maximum of two (2) feet. For SINGLE-
FAMIL Y, MOBILE/MODULAR HOME, DUPLEX, and two-family
DWELLING UNITS only, the County Manager or designee may
administratively approve minor after-the-fact YARD encroachments of
up to twenty-five (25) percent of the required YARD which requirement
was in effect as of the date on which the certificate of occupancy or
FINAL DEVELOPMENT ORDER was issued.
C. SINGLE-FAMILY, DUPLEX, and two-family DWELLING UNITS only
for which no BUILDING permit record can be produced. Provided that
all of the following criteria are met, the County Manager or designee
may administratively approve minor after-the-fact encroachments of up
to twenty-five (25) percent of the required YARD, provided that:
1. The encroaching STRUCTURE, or portion of the STRUCTURE,
was constructed prior to the purchase of the subject property by
the current owner.
2. Evidence is presented showing that the encroaching
STRUCTURE, or portion of the STRUCTURE, was constructed at
least two (2) years prior to the date of application for the
administrative variance. This evidence may be in the form of a
survey, property card, or dated aerial photograph clearly showing
the encroachment.
3. The encroaching STRUCTURE is either an addition of living area
to a PRINCIPAL STRUCTURE, or an ACCESSORY STRUCTURE
of at least 200 square feet in area.
4. The encroachment presents no safety hazard and has no adverse
affect on the public welfare.
S. An after-the-fact BUILDING permit for the STRUCTURE, or portion
of the STRUCTURE, is issued prior to the application for the
administrative variance. The administrative variance will only be
approved once all inspections have been completed, and the
certificate of occupancy will be issued once the administrative
variance has been approved.
D. Under no circumstances shall any administrative variance be approved
which would allow a reduction of the separation between
STRUCTURES to less than ten (10) feet. Administrative variances
approved pursuant to the above do not run with the land in perpetuity
and remain subject to the provisions of this section regarding
NONCONFORMING STRUCTURES.
9.04.05 Specific Requirements for Variances to FLOOD Hazard Protection
Requirements
A. General requirements
Page 14 of 22
1. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the FLOOD
hazard, to afford relief.
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause.
b. A determination that failure to grant the variance would result
in exceptional hardship to the APPLICANT.
c. A determination that the granting of a variance will not result in
increased FLOOD heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with existing local
laws or ordinances.
3. In passing upon a variance, the Board of Zoning Appeals shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of the LDC; and the following criteria:
a. The danger that materials may be swept onto other lands to
the injury of others;
b. The danger to life and property due to FLOODING or erosion
damage;
c. The susceptibility of the proposed facility and its contents to
FLOOD damage and the effect of such damage on the
individual owner;
d. The importance of the services provided by the proposed
facility to the community;
e. The necessity to the facility of a waterfront location, where
applicable;
f. The availability of alternative locations, not subject to
FLOODING or erosion damage, for the proposed use;
g. The COMPATIBILITY of the proposed use with existing and
anticipated DEVELOPMENT.
h. The relationship of the proposed use to the GMP and FLOOD
PLAIN management program for the area;
I. The safety of ACCESS to the property in times of FLOOD for
ordinary and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise, and
sediment transport of the FLOOD waters and the effects of
wave action, if applicable, expected at the site;
k. The costs of providing governmental services during and after
FLOOD conditions, including maintenance and repair of
Page 15 of 22
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public utilities and facilities such as sewer, gas, electrical,
water systems, STREETS, and bridges, and;
I. Variances shall not be issued within any designated
FLOODW A Y if any increase in FLOOD levels during the
BASE FLOOD discharge would result.
m. Variances may be issued by a community for new
construction and SUBSTANTIAL IMPROVEMENTS and for
other DEVELOPMENT necessary for the, conduct of a
functionally dependent use provided that the criteria of (a)
through (I) of this section are met.
n. Generally, variances may be issued for new construction and
SUBST ANTIAL IMPROVEMENTS to be erected on a LOT of
one-half (1/2) acre or less in size contiguous to and
surrounded by LOTS with existing STRUCTURES
constructed below the BASE FLOOD level, providing items
(a) through (I) have been fully considered.
9.04.06 Specific Requirements for Variance to the Coastal Construction
SETBACK LINE
A. The coastal construction SETBACK LINE shall be that coastal
construction SETBACK LINE established by the DEP of the State of
Florida pursuant to F.S. 9 161.053 and recorded in Coastal SETBACK
LINE Book 1, pages 1 through 12 inclusive, recorded October 31,
1974, as Clerk's Instrument No. 365665 of the public records of Collier
County, Florida.
B. SETBACK LINES established under this LDC shall be reviewed upon
petition of affected riparian upland owners. The BCC of Collier County
shall decide, after due public notice and hearing, whether a change in
the SETBACK LINE is justified, and shall notify the petitioner in
writing. The present SETBACK LINES are presumed to be correct,
and no change in SETBACK LINES are presumed to be correct, and
no change in SETBACK LINES shall be made except upon an
affirmative showing by petitioner that any construction line established
hereunder is a minimum of 150 feet landward of the MEAN HIGH-
WATER LINE or seventy-five (75) feet landward of the vegetation line
whichever is greater; and that considering ground elevations in relation
to historical storm and hurricane tides, predicted maximum wave
uprush, BEACH and offshore ground contours, the vegetation line,
erosion trends, the DUNE or bluff line, if any exist, and existing upland
DEVELOPMENT, that the general public health and welfare are
preserved, upland properties protected, and BEACH and sand DUNE
erosion controlled.
C. It shall be unlawful for any person, firm, corporation, or agency, public
or private, to construct, reconstruct, or change existing STRUCTURES,
Page 16 of 22
make any excavation, remove any BEACH material or otherwise
ALTER existing ground elevations, drive any vehicle on, over or across
any sand DUNE, or damage or cause to be damaged any sand DUNE,
or the vegetation growing thereon and/or seaward of said DUNE,
seaward of the coastal construction SETBACK LINE, except as
hereinafter provided.
D. If in the immediate contiguous or ADJACENT area a "number of
existing STRUCTURES" have established a reasonably continuous
and uniform construction line closer to the LINE OF MEAN HIGH
WATER than the line as herein established, and if said existing
STRUCTURES have not been unduly affected by erosion, a proposed
STRUCTURE may be permitted along such line if such proposed
STRUCTURE is also approved by the BCC.
E. The BCC may authorize the construction of pipelines or piers
extending outward from the SHORELINE, unless it determines that the
construction of such projects would cause erosion of the BEACH in the
area of such STRUCTURES.
F. Certain activities that may temporarily ALTER ground elevations .such
as artificial BEACH nourishment projects, excavation or maintenance
,
dredging of inlet channels may be permitted seaward of the cO'astal
construction SETBACK LINE if said activity is in compliance with the
Collier County GMP and receives Federal and State agency approvals.
Until such time as the fee schedule can be amended, the fee shall be
$400.00 for these BEACH Nourishment permits.
G. Procedures for obtaining variance
1. A written petition requesting a variance from the established
SETBACK LINE shall be filed with the board of county
commissioners or their designee. The petition shall set forth:
a. A description of petitioner's property to include the information
requested on a current Collier County request for a coastal
construction SETBACK LINE variance form;
b. A description of the established SETBACK LINE and the line
which petitioner wishes to be varied;
c. The justification upon which the petitioner relies for the granting
of the variance, to include compliance with the Collier County
growth management plan, conservation and coastal
management element.
2. Notice and public hearing for coastal construction SETBACK LINE
variances. An application for coastal construction SETBACK LINE
(CCSL) variance shall be considered by the board of county
Page 17 of 22
commissioners pursuant to the following public notice and hearing
requirements.
a. The APPLICANT shall post a SIGN at least 45 days prior to the
date of the public hearing by the board of county
commissioners. The SIGN shall contain substantially the
following language and the SIGN copy shall utilize the total area
of the SIGN:
PUBLIC HEARING REQUESTING
CCSL VARIANCE APPROVAL (both to contain the following
information: )
TO PERMIT: (Sufficiently clear to describe the type of variance
requested).
DATE:
TIME:
TO BE HELD IN BOARD OF COUNTY COMMISSIONERS
MEETING ROOM, COLLIER COUNTY GOVERNMENT
CENTER.
b. The area of a property SIGN shall be as follows:
I. For a property less than one acre in size, the SIGN shall
measure at least one and one-half square feet in area.
ii. For a property one acre or more in size, the SIGN shall
measure at least 32 square feet in area.
c. In the case of a SIGN located on a property less than one acre
in size, such SIGN shall be erected by the County Manager or
his designee in full view of the public on each STREET side of
the subject property and on the side of the property visible from
the BEACH. Where the property for which approval is sought is
landlocked or for some other reason a SIGN cannot be posted
directly on the subject property, then the SIGN shall be erected
along the nearest STREET RIGHT-OF-WAY, with an attached
notation indicating generally the distance and direction to the
subject property.
d. In the case of SIGN(S) located on a property one acre or more
in size, the APPLICANT shall be responsible for erecting the
required SIGN(S). The SIGN(S) shall be erected in full view of
Page 18 of 22
the public on each STREET upon which the subject property
has FRONT AGE and on the side of the property visible from the
BEACH. Where the subject property is landlocked, or for some
other reason the SIGN(S) cannot be posted directly on the
property, then the SIGN(S) shall be erected along the nearest
STREET RIGHT-OF-WAY, with an attached notation indicating
generally the distance and direction to the subject property.
There shall be at least one SIGN on each external boundary
which fronts upon a STREET, however, in the, case of external
boundaries along a STREET with greater FRONT AGES than
1,320 linear feet, SIGNS shall be placed equidistant from one
another with a maximum spacing of 1,000 linear feet, except
that in no case shall the number of SIGNS along an exterior
boundary fronting on a STREET exceed four SIGNS. The
APPLICANT shall provide evidence to the planning services
department that the SIGN(S) were erected by furnishing
photographs of the SIGN(S) showing the date of their erection
at least ten days pric: to the scheduled public hearing by the
board of county com".jssioners. The SIGN(S) shall remain in
place until the date OJ either of the following occurrences: 1.
Final action is taken by the board of county commissioners or 2.
The receipt of a written request by the planning services
department director from the APPLICANT to either withdraw or
continue the petition indefinitely.
e. Notice of the time and place of the public hearing by the board
of county commissioners shall be advertised in a newspaper of
general circulation in the county at least one time and at least
15 days prior to the public hearing. Where applicable, the notice
shall clearly describe the proposed variance. The advertisement
shall also include a location map that identifies the approximate
geographic location of the subject property.
f. The board of county commissioners shall hold one advertised
public hearing on the proposed variance and may, upon the
conclusion of the hearing, immediately adopt the resolution
approving the variance
3. The board of county commissioners shall notify petitioner in writing
of its decision within 15 days of the public hearing.
4. Any person aggrieved by a decision of the board of county
commissioners granting or denying a variance may apply to the
circuit court of the circuit in which the property is located for judicial
relief within 30 days after rendition of the decision by the board of
county commissioners. Review in the circuit court shall be by
Page 19 of 22
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petition for a writ of certiorari and shall be governed by the Florida
Appellate Rules.
H. Exemptions.
Exemptions shall be reviewed administratively for compliance with
applicable county codes, and shall not be heard by the board of county
commissioners. Exemptions to this section 9.04.06 shall include:
1. The removal of any plant defined as EXOTIC VEGETATION by
county code.
2. Any modification, maintenance, or repair, to any existing
STRUCTURE within limits of the existing foundation or footprint,
which does not require, involve, or include any additions to, or
repair or modifications of, the existing foundation of. that
STRUCTURE, except those modifications required by code,
excluding additions or enclosure added, constructed, or installed
below the first DWELLING floor or lowest deck of the existing
STRUCTURE.
3. Any STRUCTURES, that: 1 ) do not constitute fixed
STRUCTURE(S), 2) do not require a BUILDING permit, 3) weigh
less than 100 pounds, and 4) upon review by the County Manager
or his designee or his designees, is determined to not present an
actual or potential threat to the BEACH and the DUNE system and
ADJACENT properties are exempt from the variance requirements
of this division. This exemption shall not be effective during sea
turtle nesting season (May 1--0ctober 31 ) unless the
STRUCTURES are removed daily from the BEACH prior to 9:30
p.m. and are not moved onto, or placed on, the BEACH before
completion of monitoring conducted by personnel with prior
experience and training in nest surveys procedures and possessing
a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit (daily sea turtle monitoring), or unless the BEACH furniture
is being actively used or attended during the period of time from
9:30 pm until the next day's monitoring. Exemptions allowed under
this provision are not intended to authorize any violation of F.S. 9
370.12, or any of the provisions of the Endangered Species Act of
1973, as it may be amended.
9.04.07 Specific Requirements for Waiver of AUTOMOBILE SERVICE
STATION Distance Requirements.
A. Waiver of distance requirements. The BZA may, by resolution, grant a
waiver of part or all of the minimum separation requirements set forth
in section 5.05.05. if it is demonstrated by the APPLICANT and
determined by the BZA that the site proposed for DEVELOPMENT of
Page 20 of 22
an AUTOMOBILE SERVICE STATION is separated from another
AUTOMOBILE SERVICE STATION by natural or man-made
boundaries, STRUCTURES or other features which offset or limit the
necessity for such minimum distance requirements. The BZA decision
to waive part or all of the distance requirements shall be bas'ed upon
the following factors:
1. Whether or not the nature and type of natural or manmade
boundary, STRUCTURE, or other feature lying between the
proposed establishment and an existing AUTOMOBILE SERVICE
STATION is determined by the board to lessen the impact of the
proposed service station. Such boundary, STRUCTURE or other
feature may include, but not be limited to, lakes, marshes,
nondevelopable WETLANDS, designated preserve areas, canals
and a minimum of a four-lane arterial or collector RIGHT-OF-WAY.
2. Whether or not the AUTOMOBILE SERVICE STATION is
only engaged in the servicing of automobiles during regular,
daytime business hours, or if in addition to or in lieu of servicing,
the station sells food, gasoline and other convenience items during
daytime, nighttime, or on a 24-hour basis.
3. Whether or not the service station is located within a
SHOPPING CENTER primarily accessed by a DRIVEWAY, or if it
fronts on and is accessed directly from a platted road RIGHT-OF-
WAY.
4. Whether or not the granting of the distance waiver will have
an adverse impact on ADJACENT land uses, especially residential
land uses.
B. Waiver request submittal requirements. The request for an
AUTOMOBILE SERVICE STATION waiver shall be based on the
submittal of the required application, a site plan, and a written market
study analysis which justifies a need for the additional AUTOMOBILE
SERVICE STATION in the desired location. The site plan shall indicate
the following:
1. The dimensions of the subject property.
2. All vehicular points of ingress and egress.
3. Compliance with all requirements of this Code including the
location of the STRUCTURES on site, landscaping, off-STREET
parking, site circulation, architectural design guidelines, and
signage.
i
Page 21 of 22
4. All proposed BUFFER areas.
5. The site plan shall also indicate the layout and type of land
uses surrounding the subject property within 500 feet. The site plan
shall show the layout of the road on which the proposed station
fronts or to which ACCESS is provided, including the type of road,
the number of lanes, and the location of intersections and turn
lanes, median locations and median widths, for a 500 foot distance
from the subject parcel.
C. Additional conditions. The BZA shall have the right to add additional
conditions or requirements to its approval of a distance waiver request
in order to insure COMPATIBILITY of the AUTOMOBILE SERVICE
STATION with the surrounding area and the goals and objectives of
the GMP.
Page 22 of 22
10.01.00 GENERALL Y
10.01.01 Purpose and Intent
10.01.02 Development Orders Required
10.01.03 Applicability and Exemptions
A. Generally
B. Exemptions
10.01.04 Fees Required
10.02.00 APPLICATION REQUIREMENTS
10.02.01 Pre-application Conference Required
10.02.02 Submittal Requirements for All Applications
10.02.03 Submittal Requirements for Site Development Plans
A. Conceptual or preliminary site development plan
requirements
B. Final Site Development Plan requirements
10.02.04 Submittal Requirements for Plats
A. Preliminary plat requirements
B. Final plat requirements
10.02.05 Submittal Requirements for Improvements Plans
10.02.06 Submittal Requirements for Permits
A. Generally
10.02.07 Submittal Requirements for Certificates of Public Facility
Adequacy
10.02.08 Submittal Requirements for Amendments to the Official
Zoning and LDC
10.02.09 Submittal Requirements for Text Amendments to the the LDC
10.02.10 Submittal Requirements for Amendments to Development
Orders
10.02.11 Submittal of Streetlight Plans
10.02.12 Building or Land Alteration Permits
^ -. ~~ ,--
10.02.13 Planned Unit Development (PUD) Procedures
10.02.14 Landscape Plans
10.03.00 NOTICE REQUIREMENTS
10.03.01 Generally
10.03.02 Posting Signs Required
10.03.03 Mailed Notice Requirements
10.03.04 Published Notice Requirements
10.03.05 Notice Requirements for Public Hearings Before the BCC, the
Planning Commission, the Board of Zoning Appeals, The EAC,
and the Historic Preservation Board
10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT
ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE UDC, OR THE GMP
10.04.01 Determination of Completeness
10.04.02 Applications Subject to Type I Review
10.04.03 Applications Subject to Type II Review
10.04.04 Applications Subject to Type III Review
10.04.05 Procedures for Review and Approval of Type I Applications
10.04.06 Procedures for Review and Approval of Type II Applications
10.04.07 Procedures for Review and Approval of Type III Applications
10.04.08 Modifications to Pending Applications
10.04.09 Request for Continuance of Public Hearing
10.04.10 Withdrawal of Pending Applications
10.04.11 Public Hearings
10.04.12 Denial of Application
10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS
10.05.01 Generally
10.05.02 Major Amendment
10.05.03 Minor Amendment
10.06.00 APPEALS
10.06.01 Applicability
10.06.02 Stay of Proceedings
10.06.03 Time for Applications
10.06.04 Final Action on Appeals
10.06.05 Judicial Review
10.07.00 ENFORCEMENT
10.07.01 Responsibility for Enforcement
10.07.02 Complaints and Investigations
10.07.03 Notification of Violation
10.08.00 CONDITIONAL USES PROCEDURES
CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES
10.01.00 GENERALL Y
10.01.01 Purpose and Intent [RESERVED]
10.01.02 DEVELOPMENT ORDERS Required [RESERVED]
10.01.03 Applicability and Exemptions [RESERVED]
A. Generally
B. Exemptions
10.01.04 Fees Required
A. Fees and administrative surcharge for wellfield permits.
1. Fees.
a. The board shall establish, by resolution, an application
fee for certificates to operate and wellfield CONDITIONAL
USE permits to cover the cost of the county's administration
and implementation regulations and prohibitions of this
section.
b. It is the intent of this section that the cost of
implementation be borne wholly by the regulated
DEVELOPMENT.
2. Administrative surcharge.
a. The board may, by resolution, impose a surcharge on:
i. Revisions and modifications of certificates to
operate and wellfield CONDITIONAL USE permits;
and
ii. Appeals from adverse administrative
determination.
b. The surcharge shall include a fee for the purpose of
administering this section including, without limitations,
professional staff time in processing and revising the
application, petition or appeal and reasonable costs. It is the
intent of this section that such costs are wholly borne by the
regulated DEVELOPMENT.
3. Fee schedule. The fee schedule for applications for certificates
of operate, petitions for wellfield CONDITIONAL USE permits,
appeals from adverse administrative determinations, and revisions
and modifications to any of the same, shall be posted in the office
of the county manager, the department and shall be on file with the
clerk to the board.
Page 1 of 235
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10.02.00 APPLlCA nON REQUIREMENTS
10.02.01 Pre-application Conference Required
A. SUBDIVISION review procedures
1. Preapplication conference. Prior to formal filing of a preliminary
SUBDIVISION plat, an APPLICANT shall confer with the County
Manager or his designee to obtain information and guidance. The
purpose of such a conference is to permit the APPLICANT and the
County Manager or his designee to review informally a proposed
DEVELOPMENT and determine the most efficient method of
DEVELOPMENT review before substantial commitments of time
and money are made in the preparation and submission of the
preliminary SUBDIVISION plat, improvement plans, final
SUBDIVISION plat, and related documents.
a. Pre applica tion . A written preapplication shall be
submitted to the County Manager or his designee at any
time prior to the review of a proposed preliminary
SUBDIVISION plat. The written application shall contain the
following:
i. Written statement. Ten copies, unless otherwise
specified by the County Manager or his designee, of a
written statement generally describing the condition of
the property and the proposed DEVELOPMENT of
the entire SUBDIVISION. This statement shall include
but is not necessarily limited to data on existing
covenants or restrictions, location of utility facilities
and public facilities, general soil characteristics, and
other information describing the SUBDIVISION
proposed, such as number of PARCELS, LOTS, or
tracts; typical LOT or other PARCEL configuration;
water retention areas; public areas; anticipated utility
sources; zoning classifications; and any other
information needed for preparation and review of the
preliminary SUBDIVISION plat.
ii. Plan. Ten copies, unless otherwise specified by the
County Manager or his designee, of a plan including
the following: a location plan showing the location of
the land to be subdivided; approximate acreage;
natural features such as native habitat identified by
vegetative cover and depicted in aerial imagery; low
or swampy areas; water bodies, streams, lakes,
Page 2 of 235
canals or the like; identification of ADJACENT lands;
a brief description of the land to be subdivided; name,
telephone number and address of owner and
developer and its representatives; date; north point;
STREET; general lOT and BLOCK layout; layout of
all adjoining STREETS; zoning classification of the
property proposed for SUBDIVISION and
ADJACENT properties; location of existing
improvements; and any other significant features.
ii i. Aerial photograph with overlay. Current aerial
photograph of not less than one to 200 scale, with
clear film overlay with proposed SUBDIVISION
configuration superimposed upon it. In the rural, less
populated areas of the county, a minimum scale of
one to 400 will be acceptable, upon request to the
DEVELOPMENT service director, if the one to 200
scale is not readily available.
b. Issues of discussion. Issues that shall be discussed at the
preapplication conference shall include but are not limited to
the following:
i. Proposed DEVELOPMENT. The APPLICANT
should describe the general nature of the proposed
DEVELOPMENT, including, if applicable, proposed
land uses and their DENSITIES; proposed placement
of BUilDINGS, STRUCTURES, and other
improvements; character and location of COMMON
OPEN SPACE or treatment of public uses;
preservation of natural features; protection of
environmentally sensitive areas; proposed off-
STREET parking and internal traffic circulation; and
total ground coverage of paved areas and
STRUCTURES.
ii. Review procedures. The County Manager or his
designee shall identify procedural review
requirements for the proposed DEVELOPMENT and
applicable review requirements and standards in
terms of this section that apply to the review of the
proposed DEVELOPMENT. This should include
identifying which decision-making body or bodies will
review the application and the approximate length of
the DEVELOPMENT review procedure.
iii. Referral agencies. The County Manager or his
designee will make a good faith effort to identify the
federal, state and local agencies that may be required
Page 3 of 235
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to review the proposed DEVELOPMENT, and if
possible identify for the APPLICANT the name and
title of persons at these agencies to contact about
review procedures, and generally describe the
information which will be needed to satisfy the
concerns of the relevant federal, state and local
agencies.
iv. Application contents. In conformance with the
requirements of this section, the County Manager or
his designee shall establish the contents of the
preliminary SUBDIVISION plat required to be
submitted for the proposed DEVELOPMENT. This
shall include descriptions of the types of reports and
drawings required, the general form which the
preliminary SUBDIVISION plat shall take, and the
information which shall be contained within the
preliminary SUBDIVISION plat and supporting
documentation.
v. Application copies and fees. The County Manager
or his designee shall identify the number of copies of
the preliminary SUBDIVISION plat application that are
required to be submitted for the proposed
DEVELOPMENT, along with the amount of the fees
needed to defray the cost of processing the
application.
c. Summary. At the conclusion of the preapplication
conference, the APPLICANT shall be presented with a
written summary or checklist of the meeting by the County
Manager or his designee.
10.02.02 Submittal Requirements for All Applications
A. ENVIRONMENTAL IMPACT STATEMENTS
1. PURPOSE.
a. The purpose of this section is to provide a method to
objectively evaluate the impact of a proposed
DEVELOPMENT, site ALTERATION, or project upon the
resources and ENVIRONMENTAL QUALITY of the project
area and the community and to insure that planning and
zoning decisions are made with a complete understanding of
the impact of such decisions upon the environment, to
encourage projects and DEVELOPMENTS that will:
i. Protect, conserve and enhance, but not degrade,
the ENVIRONMENTAL QUALITY and resources of
Page 4 of 235
the particular project or DEVELOPMENT site, the
general area and the greater community.
ii. Minimize the future reduction in property values
likely to result, or be caused by improperly designed
and executed projects and DEVELOPMENTS.
iii. Reduce the necessity for expenditure of public
funds in the future for rehabilitating the
ENVIRONMENTAL QUALITY of areas of
environmental sensitivity.
b. Further, it is the purpose of this section to attain the
widest range of beneficial uses of the environment without
degradation of environmental advantages and risk to public
health, safety, welfare and other undesirable consequences.
c. It is also the purpose of this section to optimize a balance
between population and resource use to permit high
standards of living and a wide sharing of resources and
amenities among all citizens and residents of and visitors to
Collier County during the present and future generations.
2. APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT
(EIS) REQUIRED.
Without first obtaining approval of an EIS, or exemption pursuant to
section 10.02.02 A.7., as required by this Code it shall be unlawful
and no BUILDING permit, CONDITIONAL USE, zoning change,
SUBDIVISION or CONDOMINIUM plat or unplatted SUBDIVISION
approval or other county permit or approval of or for
DEVELOPMENT or site ALTERATION shall be issued to cause the
DEVELOPMENT of or site ALTERATION of:
a. Any site with a ST or ACSC-ST overlay.
b. All sites seaward of the coastal management boundary
that are 2.5 or more acres.
c. All sites landward of the coastal management boundary
that are ten or more acres.
d. Sites where a prior EIS was prepared and approved for
the same area of land and where the following exist:
I. Greater impacts to preserve areas or changes in
location to preserve areas are proposed;
ii. Greater impacts to jurisdictional WETLANDS or
listed species habitats are proposed;
iii. New listed species have been identified on site; or
iv. A previous EIS is more than 5 years old.
Page 5 of 235
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e. Any other DEVELOPMENT or site AL TERA TlON which
in the opinion of the County Manager or his designee, would
have substantial impact upon ENVIRONMENTAL QUALITY
and which is not specifically exempted in this Code. In
determining whether such a project would have substantial
environmental impact the County Manager or his designee
shall base his decision on the terms and conditions
described in this Code and on the project's consistency with
the growth management plan.
f. When required by section 3.04.01 of this Code, plant and
animal species surveys shall be conducted regardless of
whether an EIS or resubmitted EIS is required by this
section.
3. SUBMISSION AND REVIEW OF EIS. A completed EIS, in
written and digital format, shall be submitted to County Manager or
his designee for approval, denial or approval with modifications. No
DEVELOPMENT or site ALTERATION will be started without this
approval and permits required by law. Failure to provide full and
complete information shall be grounds for denial of the application.
The author(s) of the EIS shall provide evidence, by academic
credentials or experience, of his/her expertise in the area of
environ mental sciences or natural resource management.
Academic credentials shall be a bachelor's or higher degree in one
of the biological sciences. Experience shall reflect at least three
years, two years of which shall be in the State of Florida, of
ecological or biological professional experience if substituting for
academic credentials.
4. INFORMATION REQUIRED FOR APPLICATION.
a. APPLICANT INFORMATION.
I. Responsible person who wrote the EIS and
his/her education and job related environmental
experience.
II. Owner( s )/agent( s) name, address, phone
number & e-mail address.
b. MAPPING AND SUPPORT GRAPHICS.
I. General location map.
II. Native habitats and their boundaries identified
on an aerial photograph of the site extending at least
200 feet outside the PARCEL qoundary. This does
not mean the APPLICANT is required to go on to
adjoining properties. Habitat identification consistent
with the Florida Department of Transportation Florida
Land Use Cover and Forms Classification System
Page 6 of 235
(FLUCFCS) shall be depicted on an aerial photograph
having a scale of one inch equal to at least 200 feet
when available from the County. Other scale aerials
may be used where appropriate for the size of the
project, provided the photograph and overlays are
legible at the scale provided. A legend for each of the
FLUCFCS categories found on-site shall be included
on the aerial.
iii. Topographic map, and existing drainage
patterns if applicable. Where possible, elevations
within each of FLUCFCS categories shall be
provided.
iv. Soils map at scale consistent with that used for
the Florida Department of Transportation Florida Land
Use Cover and Forms Classification System
determinations.
v. Proposed drainage plan indicating basic flow
patterns, outfall and off-site drainage.
vi. DEVELOPMENT PLAN including phasing
program, service area of existing and proposed public
facilities, and existing and proposed transportation
network in the impact area.
vii. Site plan showing preserves on-site, and how
they align with preserves on adjoining and
neighboring properties. Include on the plan locations
of proposed and existing DEVELOPMENT, roads,
and areas for stormwater retention, as shown on
approved master plans for these sites, as well as
public owned conservation lands, conservation
acquisition areas, major FLOWWAYS and potential
wildlife corridors.
viii. For properties in the RLSA or RFMU
DISTRICTS, a site plan showing the location of the
site, and land use designations and overlays as
identified in the Growth Management Plan.
c. PROJECT DESCRIPTION AND GMP CONSISTENCY
DETERMINATION.
i. Provide an overall description of the project
with respect to environmental and water management
issues.
ii. Explain how the project is consistent with each
of the Objectives and Policies in the Conservation and
Page 7 of 235
--
Coastal Management Element of the Growth
Management Plan, where applicable.
d. NATIVE VEGETATION PRESERVATION.
I. Identify the acreage and community type of all
upland and wetland habitats found on the project site,
according to the Florida Land Use Cover and Forms
Classification System (FLUCFCS). Provide a
description of each of the FLUCFCS categories
identified on-site by vegetation type (species),
vegetation composition (canopy, midstory and ground
cover) and vegetation dominance (dominant, common
and occasional).
II. Explain how the project meets or exceeds the
NATIVE VEGETATION preservation requirement in
Goal 6 of the Conservation and Coastal Management
Element of the Growth Management Plan, and
Chapters 4 and 10 of the Land DEVELOPMENT
Code. Provide an exhibit illustrating such. Include
calculations identifying the acreage for preservation
and impact, per FLUCFCS category.
iii. For sites already cleared and in
AGRICULTURAL USE, provide documentation that
the PARCEL(s) are in compliance with the 25 year
rezone limitation in Policy 6.1.5 of the Conservation
and Coastal Management Element of the Growth
Management Plan and Chapters 4 and 10 of the Land
DEVELOPMENT Code. For sites cleared prior to
January 2003, provide documentation that the
PARCEL(s) are in compliance with the 10 year
rezone limitation previously identified in the Growth
Management Plan and Land DEVELOPMENT Code.
IV. Have preserves or acreage requirements for
preservation previously been identified for the site
during previous DEVELOPMENT ORDER approvals?
If so, identify the location and acreage of these
preserves, and provide an explanation if they are
different from what is proposed.
v. For properties with Special Treatment "ST"
overlays, show the ST overlay on the
DEVELOPMENT PLAN and provided an explanation
as to why these areas are 'being impacted or
preserved.
e. WETLANDS.
Page 8 of 235
i. Define the number of acres of Collier County
jurisdictional WETLANDS (pursuant to Policy 6.2.1
and 6.2.2 of the Conservation and Coastal
Management Element of the Growth Management
Plan) according to the Florida Land Use Cover and
Forms Classification System (FLUCFCS). Include a
description of each of the FLUCFCS categories
identified on-site by vegetation type (species),
vegetation composition (canopy, midstory and ground
cover) and vegetation dominance (dominant, common
and occasional). Wetland determinations are required
to be verified by the South Florida Water
Management District or Florida Department of
Environmental Protection, prior to submission to the
County.
II. Determine seasonal and historic high water
levels utilizing lichen lines or other biological
indicators. Indicate how the project design
improves/affects predevelopment hydroperiods.
Provide a narrative addressing the anticipated control
elevation(s) for the site.
iii. Indicate the proposed percent of defined
WETLANDS to be impacted and the effects of
proposed impacts on the functions of these
WETLANDS. Provide an exhibit showing the location
of WETLANDS to be impacted and those to be
preserved on-site. Describe how impacts to
WETLANDS have been minimized.
iv. Indicate how the project design compensates
for wetland impacts pursuant to the Policies and
Objectives in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management
Plan. For sites in the RFMU DISTRICT, provide an
assessment, based on the South Florida Water
Management District's Uniform Mitigation Assessment
Method, that has been accepted by either the South
Florida Water Management District or the Florida
Department of Environmental Protection. For sites
outside the RFMU DISTRICT, and where higher
quality WETLANDS are being retained on-site,
provide justification based on the Uniform Mitigation
Assessment Method.
f. SURFACE AND GROUND WATER MANAGEMENT.
Page 9 of 235
-_.- -~_.
I. Provide an overall description of the proposed
water management system explaining how it works,
the basis of design, historical drainage flows, off-site
flows coming in to the system and how they will be
incorporated in the system or passed around the
system, positive outfall availability, Wet Season Water
Table and Dry Season Water Table, and how they
were determined, and any other pertinent information
pertaining to the control of storm and ground water.
ii. Provide an analysis of potential water quality
impacts of the project by evaluating water quality
loadings expected from the project (post
DEVELOPMENT conditions considering the proposed
land uses and stormwater management controls)
compared with water quality loadings of the project
area as it exists in its pre-DEVELOPMENT
conditions. This analysis is required for projects
impacting five (5) or more acres of WETLANDS. The
analysis shall be performed using methodologies
approved by Federal and State water quality
agencies.
i i i. Identify any We/lfield Risk Management
Special Treatment Overlay Zones (WRM-ST) within
the project area and provide an analysis for how the
project design avoids the most intensive land uses
within the most sensitive WRM-STs.
g. LISTED SPECIES.
I. Provide a plant and animal species survey to
include at a minimum, listed species known to inhabit
biological communities similar to those existing on-
site, and conducted in accordance with the guidelines
of the Florida Fish and Wildlife Conservation
Commission and the U.S. Fish and Wildlife Service.
State actual survey times and dates, and provide a
map showing the location(s) of species of special
status identified on-site.
ii. Identify all listed species that are known to
inhabit biological communities similar to those existing
on the site or that have been directly observed on the
site.
iii. Indicate how the project design minimizes
impacts to species of special status.
Page 10 of 235
IV. Provide habitat management plans for each of
the listed species known to occur on the property. For
sites with bald eagle nests and/or nest protection
zones, bald eagle management plans are required,
copies of which shall be included as exhibits attached
to the PUD documents, where applicable.
v. Where applicable, include correspondence
received from the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S.
Fish and Wildlife Service (USFWS), with regards to
the project. Explain how the concerns of these
agencies have been met.
h. OTHER.
i. For multi-slip DOCKING facilities with ten slips
or more, and for all MARINA facilities, show how the
project is consistent with the MARINA Siting and
other criteria in the Manatee Protection Plan. ii.
Include the results of any environmental
assessments and/or audits of the property. If
applicable, provide a narrative of the cost and
measures needed to clean up the site.
iii. For sites located in the Big Cypress Area of
Critical State Concern-Special Treatment (ACSC-ST)
overlay district, show how the project is consistent
with the DEVELOPMENT standards and regulations
established for the ACSC-ST.
iv. Soil sampling or ground water monitoring
reports and programs shall be required for sites that
occupy old farm fields, old golf courses or for which
there is a reasonable basis for believing that there
has been previous contamination on site. The
amount of sampling and testing shall be determined
by the Environmental Services staff along with the
Pollution Control Department and the Florida
Department of Environmental Protection.
v. Provide documentation from the Florida Master
Site File, Florida Department of State and any printed
historic archaeological surveys that have been
conducted on the project area. Locate any known
historic or archaeological sites and their relationships
to the proposed project design. Demonstrate how the
project design preserves the historic/archaeological
integrity of the site.
Page 11 of 235
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5. ADDITIONAL DATA. The County Manager or his designee may
require additional data or information necessary in order to make a
thorough and complete evaluation of the EIS and project.
6. RELATION BETWEEN EIS AND DEVELOPMENT OF
REGIONAL IMPACT (DRI). In any instance where the proposed
project requires both an EIS and a DRI, their data may be
embodied in one report provided such report includes all the
required information on both the EIS and DR!.
7. EXEMPTIONS.
a. Single-family or DUPLEX uses. Single-family or DUPLEX
use on a single LOT or PARCEL. Exemption shall not apply
to any PARCEL with a ST or ACSC-ST overlay, unless
otherwise exempted by section 2.03.07 D. of this Code.
b. AGRICULTURAL USES. AGRICULTURAL USES that
fall within the scope of sections 163.3214(4) or 823.14(6),
Florida Statutes, provided that the subject property will not
be converted to a nonagricultural USE or considered for any
type of rezoning petition for a period of twenty-five years
after the AGRICULTURAL USES commence and provided
that the subject property does not fall within an ACSC or ST
zoning overlay.
c. Non-sensitive Areas. Any area or PARCEL of land which
is not, in the opinion of the County Manager or his designee,
an AREA OF ENVIRONMENTAL SENSITIVITY, subject to
the criteria set forth below, provided that the subject property
does not fall within an ACSC or ST zoning overlay:
i. The subject property has already been AL TERED
through past usage, prior to the adoption of this Code,
in such a manner that the proposed use will not
further degrade the ENVIRONMENTAL QUALITY of
the site or the surrounding areas which might be
affected by the proposed use.
ii. The major flora and fauna features have been
AL TERED or removed to such an extent as to
preclude their reasonable regeneration or useful
ecological purpose. An example would be in the case
of an industrial park or a commercial
DEVELOPMENT where most of the flora and fauna
were removed prior to the passage of this Code.
iii. The surface and/or natural drainage or recharge
capacity of the project site has been paved or
channeled, or otherwise ALTERED or improved prior
to the adoption of this Code, and will not be further
Page 12 of 235
degraded as a result of the proposed use or
DEVELOPMENT.
iv. The use and/or DEVELOPMENT of the subject
property will definitely improve and correct ecological
deficiencies which resulted from use and/or
DEVELOPMENT which took place prior to the
passage of this Code. An example would be where
the developer proposes to reforest the area, provide
additional OPEN SPACE, replace natural drainage for
channeled drainage, and/or reduce DENSITY.
v. The use or DEVELOPMENT will utilize existing
BUILDINGS and STRUCTURES and will not require
any major ALTERATION or modification of the
existing land forms, drainage, or flora and fauna
elements of the property.
d. All lands lying within all incorporated municipalities in
Collier County.
e. All NBMO Receiving Lands.
8. FEES. In order to implement, maintain and enforce this Code,
the cost upon submission of the ENVIRONMENTAL IMPACT
STATEMENT shall be as established by resolution. Until this fee
has been paid in full no action of any type shall be taken.
9. APPEALS.
a. Any person aggrieved by the decision of the County
Manager or his designee regarding any section of this Code
may file a written request for appeal, not later than ten days
after said decision, with the environmental advisory board or
their successor organization.
b. The environmental advisory board will notify the
aggrieved person and the County Manager or his designee
of the date, time and place that such appeal shall be heard;
such notification will be given 21 days prior to the hearing
unless all parties waive this requirement.
c. The appeal will be heard by the environmental advisory
board within 60 days of the submission of the appeal.
d. Ten days prior to the hearing the aggrieved person shall
submit to the environmental advisory board and to the
County Manager or his designee copies of the data and
information he intends to use in his appeal.
e. Upon conclusion of the hearing the environmental
advisory board will submit to the board of cou nty
commissioners their facts, findings and recommendations.
Page 13 of 235
----"~
f. The board of county commissioners, in regular session,
will make the final decision to affirm, overrule or modify the
decision of the County Manager or his designee in light of
the recommendations of the environmental advisory board
B. SUBDIVISION Exemptions
Before any property or DEVELOPMENT proposed to be exempted from
the terms of this section may be considered for exemption, a written
request for exemption shall be submitted to the County Manager or his
designee. After a determination of completeness, the County Manager or
his designee shall approve, approve with conditions or disapprove the
request for exemption based on the terms of the applicable exemptions.
To the extent indicated, the following shall be exempt from the applicability
of this section.
1. Active AGRICULTURAL USES. Agriculturally related
DEVELOPMENT as identified in the permitted and ACCESSORY
USES allowed in the rural agricultural district A and located within
any area designated as agricultural on the future land use map of
the Collier County growth management plan and the Collier County
official zoning atlas, except SINGLE-FAMILY DWELLINGS and
farm labor housing subject to sections 2.04.00 and 5.05.03, shall be
exempt from the requirements and procedures for preliminary
SUBDIVISION plats and improvements plans; provided, however,
nothing contained herein shall exempt such active
AGRICUL TURAL USES from the requirements and procedures for
final SUBDIVISION plats, and where required SUBDIVISION
improvements are contemplated, the posting of SUBDIVISION
performance security.
2. Minor SUBDIVISIONS for single-family detached and DUPLEX
residential DEVELOPMENT. A minor SUBDIVISION, as defined in
article 6, for single-family detached and DUPLEX residential
DEVELOPMENT shall be exempt from the requirements and
procedures for preliminary SUBDIVISION plats; provided, however,
nothing contained herein shall exempt such minor SUBDIVISION
from the requirements and procedures for improvement plans and
final SUBDIVISION plats, and where required SUBDIVISION
improvements are contemplated, the posting of SUBDIVISION
performance security. No BUILDING permits shall be issued prior
to recordation of the final SUBDIVISION plat.
3. Minor SUBDIVISIONS for multifamily residential and
nonresidential DEVELOPMENT. A minor SUBDIVISION, as
defined in article 6, for multiple-family residential DEVELOPMENT
and all nonresidential DEVELOPMENT shall be exempt from the
requirements and procedures for preliminary SUBDIVISION plats
Page 14 of 235
and improvement plans; provided, however, nothing contained
herein shall exempt such minor SUBDIVISION from the
requirements and procedures for design requirements for ACCESS
under the Collier County Construction Standards Manual, water
management plans under the Collier County Construction
Standards Manual, final SUBDIVISION plats under sections
10.02.04 and 10.02.05, and site DEVELOPMENT PLANS under
section 10.02.03, and where required SUBDIVISION improvements
are contemplated, the posting of SUBDIVISION performance
security. No BUILDING permits shall be issued prior to recordation
of the final SUBDIVISION plat.
4. Integrated phased DEVELOPMENTS. An integrated phased
DEVELOPMENT, as defined in section 1.08.00 and which has
been previously approved in accordance with section 10.02.04 A.5.,
shall be exempt from the requirements, standards and procedures
for preliminary SUBDIVISION plats (sectio n 10.02.04) and
improvement plans (section 10.02.05 E.); provided, however,
nothing contained herein shall exempt such integrated phased
DEVELOPMENT from the requirements and procedures for design
requirements for ACCESS according to the Collier County
Construction / Standards Manual, water management plans
according to the Collier County Construction Standards Manual,
final SUBDIVISION plats and SUBDIVISION performance security
under sections 10.02.04 and 10.02.05, and major site
DEVELOPMENT PLANS under section 10.02.03. No BUILDING
permits shall be issued prior to recordation of the final
SUBDIVISION plat. These provisions shall not require that the
interior ACCESS within an integrated phased DEVELOPMENT be
different from the conditions in section 10.02.03 applicable to site
DEVELOPMENT PLANS.
5. Cemeteries. The division of land into cemetery LOTS or
PARCELS shall be exempt from the requirements and procedures
for preliminary SUBDIVISION plats and improvement plans;
provided, however, nothing contained herein shall exempt such
division of land into cemetery LOTS or PARCELS from the
requirements and procedures for final SUBDIVISION plats and,
where required SUBDIVISION improvements are contemplated, the
posting of SUBDIVISION performance security; and provided,
further, that such division of land into cemetery LOTS or PARCELS
shall be subject to and comply with the requirements and
procedures for site DEVELOPMENT PLANS under section
10.02.03, and shall obtain site DEVELOPMENT PLAN approval for
the entire property proposed for such division 'of land into cemetery
LOTS or PARCELS.
Page 15 of 235
,....--
6. Eminent domain or operation of law. The division of land which
could be created by any court in this state pursuant to the law of
eminent domain, or by operation of law, or by order of any court,
shall be exempt from this section; if and only if the County Manager
or his designee and the county attorney are given timely written
notice of any such pending action and given the opportunity to
signify that the county be joined as a party in interest in such
proceeding for the purpose of raising the issue of whether or not
such action would circumvent or otherwise avoid the purposes or
provisions of this section, i.e., the SUBDIVISION regulations, prior
to the entry of any court order; and, if and only if an appropriate
pleading is not filed on behalf of the county within 20 days after
receipt of such notice. However, if a pleading is filed on behalf of
the county within 20 days after receipt of such notice, such division
of land created by the court shall not be exempt from this section.
7. Oil, gas, and mineral rights. The division of land which creates
an interest or interests in oil, gas, or minerals which are now or
hereafter severed from the surface ownership of real property shall
be exempt from this section.
8. LOT LINE adjustment/reconfiguration. An adjustment of a LOT
LINE between contiguous LOTS or PARCELS which may be
platted or unplatted and which are under separate ownership or the
same ownership shall be exempt from this section if all of the
following conditions are met in a written request to the engineering
review director:
a. It is demonstrated that the request is to correct an
engineering or surveying error in a recorded plat or is to
permit an insubstantial boundary change between
ADJACENT PARCELS;
b. Both landowners whose LOT LINES are being adjusted
provide written consent to the LOT LINE adjustment;
c. Instrument(s) evidencing the LOT LINE adjustment shall
be filed in the official records of Collier County, Florida, upon
approval, and shall indicate that the result of the LOT LINE
adjustment will meet the standards of, and conforms to, the
requirements of this code, including the dimensional
requirements of the zoning district and the SUBDIVISION in
which the LOTS are located. However, in cases of an
existing NONCONFORMING LOT OF RECORD, the
adjustment shall not increase the nonconformity of the LOT;
and
d. It is demonstrated that the LOT LINE adjustment will not
affect the DEVELOPMENT rights or permitted DENSITY or
intensity of use of the affected LOTS by providing the
Page 16 of 235
opportunity to create a new LOT(s) for resale or
DEVELOPMENT.
9. Prior SUBDIVISION. All division of land occurring prior to the
effective date of this Code and conforming to the purposes of this
section shall be exempt from this section; provided, however, that
any property so divided which is resubdivided or further divided on
or after January 10, 1989, shall not be exempt from this section.
For agricultural/residential SUBDIVISIONS within the rural area of
Collier County as defined herein, refer to section 10.02.02 B.; Also
see "LOT OF RECORD" in section 1.08.00.
10. Rural area SUBDIVISION requirements.
a. Deeds and other conveyances. All deeds and other
conveyances for properties shall include in ten-point type the
following statement: "NO GOVERNMENTAL AGENCY,
INCLUDING COLLIER COUNTY, SHALL EVER BE
RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR
IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS,
STREETS, EASEMENTS OR RIGHTS-OF-WAY
PROVIDING INGRESS AND EGRESS TO THE PROPERTY
HEREIN CONVEYED."
b. BUILDING permits for rural SUBDIVISIONS. BUILDING
permits will not be issued until the final plat is recorded.
c. ACCESS agreement. The owner of property applying for
a BUILDING permit shall execute a release and waiver
agreement which shall be executed and recorded at the
APPLICANT'S expense in the official records of Collier
County. The release and waiver agreement shall be in a
form approved by the county attorney or his designee, and
shall include, at a minimum, the following provisions and a
copy of the recorded agreement submitted with the property
owner's BUILDING permit application:
i. Identification of the property by legal description
and tax PARCEL folio number;
ii. Description of the means of ACCESS to the
subject property and the physical condition of that
ACCESS;
iii. A statement recognizing that the ACCESS rights
are personal rights between the grantor and grantee
and the county's approval of the use of the accessway
in no way implies that the use is permitted;
iv. A statement confirming that the maintenance and
upkeep of such means of ACCESS shall be the
Page 17 of 235
.._.....,... _...m.._ ...d..._..... -.-.--.-
perpetual responsibility of the individual(s) or other
entity holding rights to such means of ACCESS;
v. A statement confirming that any DEVELOPMENT
ORDER issued by Collier County proposing utilization
of such means of ACCESS shall contain a specific
disclaimer from Collier County relating to the county's
obligation for the present or future maintenance or
upkeep of such means of ACCESS;
vi. A statement of release holding Collier County
harmless in perpetuity for maintenance of such
means of ACCESS;
vii. Description of the extent and specifications for
improvements to the means of ACCESS being
proposed by the APPLICANT;
viii. Description of the utilities, including, for example,
water, sewer, telephone, electricity, which shall
service the property as required by Collier County
Ordinance [No.] 89-06 [Code ch. 22, art. VII], known
as the Collier County Standard Housing Code, or its
successor in function;
ix. A statement of the APPLICANT'S intent to
arrange for, have installed and pay for provision of
such utilities as are required by law;
x. A statement of release holding Collier County
harmless in perpetuity for maintenance of such
utilities;
xi. An acknowledgment that the department of
community affairs (DCA) may review and appeal any
DEVELOPMENT ORDER issued by Collier County
within the Big Cypress Area of Critical State Concern.
Also, confirmation that the APPLICANT will execute,
prior to issuance of any DEVELOPMENT ORDER by
Collier County, a statement of understanding of the
DCA review requirements in the form approved by the
DCA; and
xii. A statement that permits from all state and federal
agencies have been obtained or applied for, including
copies of said applications. The responsibility to
determine if such permits are necessary is solely the
responsibility of the APPLICANT.
11. Chokoloskee Island SUBDIVISION requirements.
Page 18 of 235
a. Deeds and other conveyances. All deeds and other
conveyances for properties hereafter on Chokoloskee Island
shall include in bold-faced type the following statement: "NO
GOVERNMENTAL AGENCY, INCLUDING COLLIER
COUNTY, SHALL EVER BE RESPONSIBLE FOR THE
MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY
PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR
RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS
TO THE PROPERTY HEREIN CONVEYED," Failure to
include this information in a deed shall not affect the
conveyance of property.
b. BUILDING permits for Chokoloskee Island. Prior to the
issuance of a BUILDING permit for any property on
Chokoloskee Island, the owner of the property applying for
the BUILDING permit must provide verification that he or
she has an existing means of ACCESS to the property and
the existing means of ACCESS to such property must be
improved to the st,mdards established by this subsection.
Said ACCESS may be:
i. Dustless surface a minimum of 20 feet in width;
ii. Asphalt paved road a minimum of 18 feet in width;
or
iii. Limerock surface a minimum of 20 feet in width.
c. ACCESS agreement. The owner of property applying for
a BUILDING permit shall execute a release and waiver
agreement which shall be executed and recorded at the
APPLICANT'S expense in the official records of Collier
County. The release and waiver agreement shall be in a
form approved by the county attorney or his designee, and
shall include, at a minimum, the following provisions and a
copy of the recorded agreement submitted with the property
owner's BUILDING permit application:
i. Identification of the property by legal description
and tax PARCEL folio number;
ii. Description of the means of ACCESS to the
subject property and the physical condition of that
ACCESS;
iii. A statement recognizing that the ACCESS rights
are personal rights between the grantor and grantee
and the county's approval of the use of the accessway
in no way implies that the use is permitted.
iv. A statement confirming that the maintenance and
upkeep of such means of ACCESS shall be the
Page 19 of 235
--..-"',' "W~_._ ~ ---
perpetual responsibility of the individua/(s) or other
entity holding rights to such means of ACCESS;
v. A statement confirming that any DEVELOPMENT
ORDER issued by Collier County proposing utilization
of such means of ACCESS shall contain a specific
disclaimer from Collier County relating to the county's
obligation for the present or future maintenance or
upkeep of such means of ACCESS;
vi. A statement of release holding Collier County
harmless in perpetuity for maintenance of such
means of ACCESS;
vii. Description of the extent and specifications for
improvements to the means of ACCESS being
proposed by the APPLICANT;
viii. Description of the utilities, including, for example,
water, sewer, telephone, electricity, which shall
service the property as required by Collier County
Ordinance No. 89-06, known as the Collier County
Standard Housing Code, or its successor in function;
ix. A statement of the APPLICANT'S intent to
arrange for, have installed and pay for provision of
such utilities as are required by law;
x. A statement of release holding Collier County
harmless in perpetuity for maintenance of such
utilities;
xi. A statement that permits from all state and federal
agencies have been obtained or applied for, including
copies of said permits applications. The responsibility
to determine if such permits are necessary is solely
the responsibility of the APPLICANT.
d. Golden Gate Estates LOT divisions. When a five acre
PARCEL in Golden Gate Estates is subdivided into two
LOTS, where one of the LOTS is not on the existing RIGHT-
OF-WAY, the owner may create an ACCESS EASEMENT
to and through the PARCEL which is not on the RIGHT -OF-
WAY. The EASEMENT must be at least 20 feet in width,
and extend at least 150 feet into the otherwise landlocked
LOT. The EASEMENT shall provide for ACCESS to the
LOT, and satisfy the FRONT AGE requirement.
C. Soil erosion and sediment control plan required.
For new and existing DEVELOPMENT and construction approved
pursuant to the provisions of sections 10.02.03, 10.02.04 and 10.02.05, a
Page 20 of 235
soil erosion and sediment control plan shall be prepared and submitted for
approval with the required construction documents for each proposed
project as prescribed by objective 5.4 and policies 5.4.1 through 5.4.4 of
the conservation and coastal management element of the Collier County
growth management plan. Each plan shall be prepared in accordance with
the following standards:
1. The Florida DEVELOPMENT Manual: A Guide to Sound Land
and Water Management, department of environmental regulation,
State of Florida, June 1988, chapter 6: Stormwater and Erosion and
Sediment Control Best Management Practices for Developing
Areas, Guidelines for Using Erosion and Sediment Control
Practices ES BMP 1.01--1.67, pp. 6-301 through 6-500.
2. Turbidity values surrounding discharge from projects shall not
violate water quality criteria contained in 17-302.51 O(r) F.AC.
3. Any irrigation system utilized to implement an erosion control
plan shall be designed and installed pursuant to: USDA SCS Field
Office Technical Guide, section IV, codes 441, 442, 449 and all
subsequent supplements thereto.
D. Review by environmental advisory board. All preliminary
SUBDIVISION plat and/or site DEVELOPMENT PLAN submissions for
DEVELOPMENT or site AL TERATION on a SHORELINE and/or
undeveloped coastal barrier shall be reviewed and a recommendation
shall be made for approval, approval with conditions or denial by the
environmental advisory board. If the APPLICANT chooses not to utilize
the optional preliminary SUBDIVISION plat process, the review and
approval will occur at the time of either the final plat and construction
plans or the final plat.
E. Restrictions on issuance of approved site plans and certificates of
occupancy.
1. Prohibitions.
a. No site plan or other DEVELOPMENT permit shall be
issued or renewed and no certificate of occupancy issued by
the Collier County BUILDING department for any regulated
DEVELOPMENT which would allow DEVELOPMENT,
construction or change of use in violation of the standards of
this section.
b. Site plans, other final DEVELOPMENT permits or
certificates of occupancy issued in violation of the prohibition
of this section are deemed to be invalid, and shall not
confirm or vest any DEVELOPMENT right or property
Page 21 of 235
-""
interest on the owner/operator or regulated
DEVELOPMENT.
F. Requests for Interpretations
1. Initiation.
An interpretation may be requested by any affected person, resident,
developer, land owner, government agency or department, or any
person having a contractual interest in land in Collier County.
2. Procedures.
a. Submission of request for interpretation. Requests for
interpretation must be submitted to the County Manager or his
designee or chief BUILDING official ("officials") in a form
established by him. Each request must identify the specific land
DEVELOPMENT code or BUILDING code citation to be
interpreted. Each request for interpretation must be
accompanied by the appropriate fee as set forth in the fee
resolution adopted by the board of county commissioners.
Under no circumstances may the request for interpretation
contain more than three issues or questions. It must not contain
a single question with more than three sub-issues or questions.
If it is determined by the appropriate official that the request for
interpretation contains more than three issues, the APPLICANT
will be required to submit a separate request accompanied by
the applicable fees.
b. Determination of completeness. After receipt of a request for
interpretation, the appropriate official must determine whether
the request is complete. If the appropriate official determines
that the request is not complete, he must serve a written notice
on the APPLICANT specifying the deficiencies. The appropriate
official will take no further action on the request for interpretation
until the deficiencies are remedied.
i. Notification of affected property owner. Where a site specific
interpretation has been requested by a party other than the
affected property owner, Collier County shall notify the
property owner that an interpretation has been requested
concerning their property.
c. Rendering of interpretation. After the requ,est for interpretation
has been determined complete, the County Manager or his
designee or chief BUILDING official, whichever is applicable,
shall review and evaluate the request in light of the growth
management plan, the future land use map, the Code and/or the
Page 22 of 235
official zoning atlas, and BUILDING code related matters,
whichever is applicable, and render an interpretation. The
County Manager or his designee and the chief BUILDING
official may consult with the county attorney and other county
departments before rendering an interpretation. Prior to the
release to the APPLICANT of any interpretation, the
interpretation shall be reviewed by the county attorney for legal
form and sufficiency. Interpretations made pursuant to this
section shall be rendered within 45 days of issuance of a
determination of completeness made pursuant to section
10.02.02 F.2.b. above.
3. Form.
The interpretation shall be in writing and shall be sent to the
APPLICANT by certified mail return receipt requested.
4. Official record.
The County Manager or his designee shall maintain an official record
of all interpretations rendered by either the County Manager or his
designee or chief BUILDING official, which shall be available for public
inspection during normal business hours.
a. Notice of interpretation. The County Manager or his designee
shall provide public notification upon the issuance of an
interpretation. For general interpretations of the BUILDING
code, Growth Management Plan or Land DEVELOPMENT
Code, notice of the interpretation and appeal time-frame shall
be advertised in a newspaper of general circulation in the
County. For interpretations affecting a specific PARCEL of land,
notice of the interpretation and appeal time-frame shall be
advertised in a newspaper of general circulation, and mail notice
of the interpretation shall be sent to all property owners within
300 feet of the property lines of the land for which the
interpretation is effective.
b. Effective time limits of an interpretation. An interpretation
rendered by the County Manager or his designee or the
BUILDING official, as the case may be, shall remain in effect
until the appropriate Code section is amended to clarify the
applicable provision or provisions which warranted the
interpretation, or until such time as the interpretation is adopted,
modified, or rejected as a result of an appeal to the board of
zoning appeals and/or the BUILDING board of adjustments and
appeals, by the APPLICANT or other individual or entity
Page 23 of 235
---._-.
identified in section 10.02.02 F.1. above. From the time the
interpretation is rendered and the time the appropriate Code
section is amended, or in the case of an appeal, until such time
as the board of zoning appeals and/or BUILDING board of
adjustments and appeals has rendered its finding, no further
request for interpretation regarding the same issue shall be
permitted.
5. Appeal to board of zoning appeals or BUILDJNG board of
adjustments and appeals.
Within 30 days after receipt by the APPLICANT or affected property
owner of a written interpretation sent by certified mail return receipt
requested by the County Manager or his designee or chief BUILDING
official, or within 30 days of publication of public notice of
interpretation, the APPLICANT, affected property owner, or aggrieved
or adversely affected party may appeal the interpretation to the
BUILDING board of adjustments and appeals for matters relating to
BUILDING and technical codes as shown in section 1.07.00 or to the
board of zoning appeals for all other matters in this Code. For the
purposes of this section, an affected property owner is defined as an
owner of property located within 300 feet of the property lines of the
land for which the interpretation is effective. An aggrieved or affected
party is defined as any person or group of persons which will suffer an
adverse effect to an interest protected or furthered by the Collier
County Growth Management Plan, Land DEVELOPMENT Code, or
BUILDING Code(s). The alleged adverse interest may be shared in
common with other members of the community at large, but shall
exceed in degree the general interest in community good shared by all
persons.
A request for appeal shall be filed in writing. Such request shall state
the basis for the appeal and shall include any pertinent information,
exhibits and other backup information in support of the appeal. A fee
for the application and processing of an appeal shall be established at
a rate set by the board of county commissioners from time to time and
shall be charged to and paid by the APPLICANT. The board of zoning
appeals or the BUILDING board of adjustments and appeals,
whichever is applicable, shall hold an advertised public hearing on the
appeal and shall consider the interpretation of the County Manager or
his designee or chief BUILDING official, whichever is applicable, and
public testimony in light of the growth management plan, the future
land use map, the Code or the official zoning atlas, or BUILDING code
related matters, whichever is applicable. The board of zoning appeals
or the BUILDING board of adjustments and appeals, whichever is
applicable, shall adopt the County Manager or his designee's or chief
Page 24 of 235
BUILDING official's interpretation, whichever is applicable, with or
without modifications or conditions, or reject his interpretation. The
board of zoning appeals or the BUILDING board of adjustments and
appeals, whichever is applicable, shall not be authorized to modify or
reject the County Manager or his designee's or chief BUILDING
official's interpretation unless such board finds that the determination is
not supported by substantial competent evidence or that the
interpretation is contrary to the growth management plan, the future
land use map, the Code or the official zoning atlas, or BUILDING code,
whichever is applicable. .
10.02.03 Submittal Requirements for Site DEVELOPMENT PLANS
A Generally
1. Purpose.
The intent of this section is to ensure compliance with the
appropriate land DEVELOPMENT regulations prior to the issuance
of a BUILDING permit. This section is further intended to ensure
that the proposed DEVELOPMENT complies with fundamental
planning and design principles such as: consistency with the
county's growth management plan; the layout, arrangement of
BUILDINGS, architectural design and OPEN SPACES; the
configuration of the traffic circulation system, including
DRIVEWAYS, traffic calming devices, parking areas and
emergency ACCESS; the availability and capacity of drainage and
utility facilities; and, overall COMPATIBILITY with ADJACENT
DEVELOPMENT within the jurisdiction of Collier County and
consideration of natural resources and proposed impacts thereon.
2. Applicability.
All DEVELOPMENT, except as otherwise provided herein, is
subject to the provisions of this section. The provisions of this
section shall not apply to the following land use activities and
represents the sole exceptions therefrom:
a. Single-family detached and two-family housing
STRUCTURE(S) on a LOT(S) of record except as otherwise
provided at section 4.02.02 (CLUSTER DEVELOPMENT).
b. Underground construction; utilities, communications and
similar underground construction type activities.
c. Accessory and ancillary facilities for a golf course such as
restrooms, irrigation systems, pump-houses where a
preliminary work authorization has been entered into with the
county except where a site ALTERATION permit is required
by this Code.
Page 25 of 235
d. Construction trailers and storage of equipment and
materials following issuance of a BUILDING permit for the
use to which said activities are a function of, except as
otherwise provided by section 5.04.03 E. Model homes and
sales centers, except as otherwise provided by section
5.04.04.
f. Project entryway SIGNS, walls, gates and guardhouses.
g. NEIGHBORHOOD PARKS, subject to th~ approval of a
conceptual site plan, depicting, on a 24" by 36" sheet, all site
clearing; improvements, including fences and walls,
playground equipment, walkways, picnic areas, and play
areas; and minimum Code landscaping (irrigation will not be
required). For the purposes of review fees only, this plan
shall be treated as a conceptual site DEVELOPMENT
PLAN, and the applicable review fee shall apply.
Minimum LANDSCAPE BUFFERING. Under certain circumstances
with NEIGHBORHOOD PARKS, there may be underlying health,
safety and welfare concerns that necessitate deviation from the
BUFFERING required in section 4.06.02. The County Manager or
his designee will determine, on a case-by-case basis, whether such
deviation is necessary. This determination will be made upon a
request for determination from the APPLICANT, which must
include all reasons that would justify the deviation. The County
Manager or his designee will use factors including, but not limited
to, the following when making a determination for deviation:
a. The geographic location of the NEIGHBORHOOD PARK;
b. The effects that a lack of BUFFERING will have on
neighboring uses; and
c. The need to ensure that the public safety is maintained by
providing law enforcement and other policing entities clear
view of the activities occurring on the park premises.
While the above land use activities shall be exempt from the
provisions of section 10.02.03, these land use activities are
subject to all other provisions of the Land DEVELOPMENT
Code such as but not limited to landscaping (with the
exception of g., as listed above), tree removal,
DEVELOPMENT standards and the submission
requirements attendant to obtaining temporary use and
BUILDING permits.
3. Exemptions.
Due to its location or minimal impact on surrounding properties and
probable minimal impacts under the site DEVELOPMENT PLAN
review standard contained in section 10.02.03 AA., standard
Page 26 of 235
application requirements as described in section 10.02.03 A, may
be waived in part or in full by the County Manager or his designee
for agriculturally related DEVELOPMENT as identified in the
permitted and ACCESSORY USES section of the rural agricultural
zoning district; however, a site improvement plan as required by
section 10.02.03 B. addressing the application requirements
deemed necessary by the County Manager or his designee shall be
submitted to the planning department for review and approval.
a. SCHOOL BOARD REVIEW (ttSBR") application contents.
The SBR application submittal will be in accordance with
section 10.02.03 of the Code, but will be accorded an
expedited process as outlined in the Manual for County
Consistency and Site Plan Reviews of EDUCATIONAL
F ACIUTIES and ANCILLARY PLANTS, as may be
amended by agreement between the Board of County
Commissioners and the Collier County School Board. This
document is available in the Records Room of the
Community DEVEL<)PMENT and Environmental Services
BUILDING.
b. The expedited site plan for SCHOOL BOARD REVIEW,
as referenced in section 10.02.03 A.3.a. of the Land
DEVELOPMENT Code, will consist of the following areas of
review:
i. Collier County Utilities Standards and Procedures,
Ordinance No. 01-57, as may be amended. In
accordance with this Ordinance, the following
requirements must be met:
(a) That portion of the water and/or
WASTEWATER system that lies in the public
RIGHTS-OF-WAY or in County utility
EASEMENTS ("CUE") shall be conveyed to
the Collier County Water/Sewer District prior to
the issuance of the certificate of occupancy.
(b) All water and WASTEWATER systems
shall be built in accordance with the Collier
County Utility Technical Standards Manual in
effect at the time a SBR Letter of Compliance
is requested.
(c) Chapters 3 and 10 of the code designed to
protect local government water su pply
wellfields from land uses that may pollute shall
apply.
Page 27 of 235
""- '--"-
_._.__..__...."_..~ -"'~-' .^
(d) Off-site improvements shall be in
accordance with the current update of the
Water and WASTEWATER Master Plan and
must include any agreement necessary to
assign the responsibility for the cost of upsizing
said water and/or WASTEWATER facilities.
(e) The School District shall be responsible for
all materials and/or real property required for
the water and/or WASTEWATER system. Any
expansions and/or renovations to existing
school facilities shall require a review by the
Collier County Engineering Services
Department to determine the need for a
change in meter sizing and additional grease
traps.
(f) South Florida Water Management District
(SFWMD) permits shall be submitted prior to
the issuance of an SBR approval.
ii. COMPA TIBILlTY REVIEW. The County will
conduct a COMPATIBILITY REVIEW that will take
into account the Arch itectu ral and Site Design
Standards contained within Section 5.05.08 of the
LDC in effect at the time a SBR Letter of Compliance
is requested and that pertain to issues of
COMPATIBILITY with surrounding uses,
complementary patterns of DEVELOPMENT and
mitigation of negative impacts, limited to
COMPATIBILITY issues, external SIDEWALKS and
PATHWAY connections, lighting, dumpster location
and screening and orientation of BUILDINGS and
ancillary facilities. In addition, The Utility Billing and
Customer Service ("UBCS") Department shall
ascertain that there is ample space for the trash
dumpster(s) or compactor(s) and for the trash
collection franchisee to maneuver trucks in and out of
the space allowed for the dumpster(s) or
compactor(s). With the exception of high school
facilities, this COMPATIBILITY REVIEW will be a
courtesy review. For high school facilities, this will be
a formal review process and is subject to the appeal
process set forth in this section 10.02.03 (A) (3) (c). of
the code in the event that the County denies the
Page 28 of 235
application based on non-compliance with the items
listed in this paragraph.
iii. Landscaping and BUFFERING. Chapter 4.06.00
of the code in effect at the time a SBR Letter of
Compliance is requested shall apply. The County
Planning Staff will recommend an amendment to the
code allowing administrative deviations from the
landscaping and BUFFERING standards for
ESSENTIAL SERVICES such as Educational and
ANCILLARY PLANTS. Specifically, the County will
recommend flexibility in the regulations for projects
where there will be joint use by the County
Department of Parks and Recreation and the School
District. In the event that the BCC approves the
recommended amendment, administrative deviations
may be granted provided the School District can
demonstrate that the intent of this section can be
effectively accomplished without meeting the specific
DEVELOPMENT standards. The reasons for
deviations are set forth in this Chapter 10 of the code,
but the deviation shall be in the format required by
Section 5.05.08 of the code.
iv. Environmental regulations for compliance with the
Collier County GMP Conservation and Coastal
Management Element in effect at the time a SBR
Letter of Compliance is requested shall apply as
follows:
(a) On a site by site basis, County Staff will
determine the necessity for an
ENVIRONMENTAL IMPACT STATEMENT
("EIS") to be submitted.
(b) The final SFWMD Environmental Resource
Permit and all other agency permits for
WETLANDS must be submitted prior to a
determination that the SBR application is
sufficient for review.
(c) Submission of Protected Species Surveys
and, if needed, wildlife management plans in
accordance with the code and the GMP in
effect at the time of the issuance of the SBR
Letter of Compliance along with United States
Page 29 of 235
'~-'~'.
Fish and Wildlife Service ("USFWS") and the
Florida Fish and Wildlife Conservation
Commission ("FFWCC") agency permits.
(d) A site clearing plan must be submitted that
shows the NATIVE VEGETATION areas to be
preserved and identifies the
upland/WETLANDS preserve or protected
species preserves.
(e) The GMP requires schools to provide a set
percentage for NATIVE VEGETATION
preservation in the Rural Fringe and the Rural
Lands. The School Board must comply with
the set percentages of NATIVE VEGETATION
preservation.
(f) An EXOTIC VEGETATION Removal and
Maintenance Plan must be submitted and
approved prior to final SBR approval. All
EXOTIC VEGETATION shall be removed from
the site of an Educational and ANCILLARY
PLANT prior to the issuance of a Certificate of
Occupancy.
(g) All environmental documentation must be
submitted prior to a sufficiency determination
on a SBR application. Failure to submit the
required documentation will result in a
determination of insufficiency and the formal
review process will not commence until such
documentation is received and the application
is deemed sufficient for review.
v. All State Fire Code regulations as they relate to the
site plan and in effect at the time that a SBR Letter of
Compliance is requested shall apply. The School
District shall submit all BUILDING information
necessary to determine site requirements including,
but not limited to, fire flow requirements and fire
sprinkler requirements.
VI. Collier County Stormwater Management Policies
as follows:
Page 30 of 235
(a) A Drainage Plan, signed and sealed by a
Florida Professional Engineer must be
submitted along with design calculations in
ord e r to determine the proposed
DEVELOPMENT'S effect on County
maintained DRAINAGE FACILITIES.
(b) SFWMD permits must be submitted prior to
a determination that the SBR application is
sufficient for review.
(c) EASEMENTS for drainage improvements
and ACCESS to them must be submitted prior
to SBR approval. When necessary, the School
Board will supply additional drainage
EASEMENT area when necessitated by
increased capacity to accommodate the
proposed DEVELOPMENT.
(d) If any dedications of EASEMENTS for
drainage, maintenance, and/or ACCESS are
required, all necessary documentation to
record the EASEMENT(s) shall be provided to
the County prior to approval of the SBR. Prior
to the County's issuance of the Certificate of
Occupancy, such EASEMENTS shall be
approved by the BCC and officially recorded.
vii. Public EDUCATIONAL PLANTS and
ANCILLARY PLANTS are deemed to be essential
public services and as such are subject to a Capital
Improvement Element ("CIE") review for a public
facility adequacy analysis.
viii. Minimum YARD SETBACK requirements shall
be 50 feet from all property lines for PRINCIPAL
STRUCTURES and 25 feet from all property lines for
any ACCESSORY STRUCTURES including portable
classrooms.
ix. Off-Site Impacts. In accordance with Section 6 of
the Interlocal Agreement for Public School Facility
Planning, the School District ~nd the County will
jointly determine the need for, and timing of, on-site
and off-site infrastructure improvements in
conjunction with the determination of the consistency
Page 31 of 235
of the site location with the GMP and the code, and
will enter into a written agreement at the
preapplication stage, as to the timing and location,
and the entity or entities responsible for the cost,
construction, operation and maintenance of the
required improvements. In reaching a determination
regarding responsibility for improvements, the parties
will be guided as follows:
(a) The School District shall be responsible for
off-site improvements that are determined to
be necessary to mitigate the off-site impacts of
the EDUCATIONAL PLANT or ANCILLARY
PLANT. The improvements shall be
constructed by the School Board at the School
District's expense, unless the School District
requests otherwise in writing and the County
determines and agrees otherwise in writing.
The School District shall not be required to pay
more than its proportionate share of the cost of
the off-site improvements necessitated by the
EDUCATIONAL PLANT or ANCILLARY
PLANT. Off-site improvements include, but
are not necessarily limited to, the widening of
ADJACENT roadways and the infrastructure
relevant to same when necessitated to
accommodate buses (if needed); construction
of required deceleration turn lane(s) at
ingress( es) and egress( es) points and at any
intersections within the immediate vicinity of
the school site which are adversely impacted
as a direct result of the same; and any other
improvements determined to be necessary by
Collier County Transportation Services Division
and the Public Utilities Division.
(b) Turn Lanes. The School District will be
responsible for turn lane improvements
ADJACENT to and/or in the vicinity of a site,
including the cost and construction of same.
Necessary turn lane improvement( s)
determined by Collier County Transportation
Staff shall be in place priQr to issuance of the
first permanent certificate of occupancy. When
said turn lane improvement(s), whether left turn
lane(s) or right turn lane(s), are determined to
Page 32 of 235
be necessary, RIGHT-OF-WAY and/or
compensating RIGHT-OF-WAY shall be
provided in conjunction with said
improvement(s), as determined by Collier
County Transportation Staff. All turn lane
design criteria used shall be in accordance with
the minimum standards as adopted by the
Florida Department of Transportation ("FDOT")
Design Standards as required by Chapter 316,
Florida Statutes, as may be amended. The
turn lane queue length determinations shall be
in accordance with the criteria/calculations of
Chapter 17 within the Highway Capacity
Manual. In conducting the aforementioned
criteria/calculations the length of school buses
must be considered to adequately address the
turn lane queue length determinations.
(c) SIDEWALKS. As part of the SBR process,
the School Board and the County will develop
a SIDEWALK plan which delineates the
SIDEWALKS that are necessary in and around
the project to establish the most direct
connection to an existing network of
SIDEWALKS. The School Board shall collect
funds through school impact fees to provide for
the DEVELOPMENT of these SIDEWALKS as
delineated in the SIDEWALK plan. The
School Board shall provide funds from these
impact fees to the County. The County will be
responsible for the timing, cost, construction,
and maintenance of such SIDEWALKS.
(d) The School District shall be responsible for
the costs of any and all traffic signal(s)
constructed due to and/or as a result of the
impacts from an EDUCATIONAL PLANT or
ANCILLARY PLANT, when it is determined to
be warranted and approved by Collier County
Transportation Staff. When warranted, upon
the completion of the installation, inspection,
burn-in period, and final approval/acceptance
of the traffic signal(s), the traffic signal(s) will
be turned over to the County, and will then be
operated and maintained by the Cou nty
Transportation and Operations Department.
Page 33 of 235
-.---- ---~
Any negotiations relevant to "fair share"
payment(s), or reimbursement(s), from any and
all other neighboring property owner(s), that
directly benefit from the installation of the traffic
signal(s) will be determined based upon
percentage of usage and impact.
(e) All traffic control devices and design
criteria used shall be in accordance with the
minimum standards and any amendments
thereto as adopted by the FDOT, as required
by Chapter 316, Florida Statutes.
(f) All traffic speed limit postings shall be in
accordance with the minimum standards and
any amendments thereto as adopted by the
FDOT, and the Speed Zoning Manual as
adopted by the FDOT and as required by
Chapter 316, Florida Statutes.
(g) The design of all transportation related
improvements shall comply with the minimum
standards and any amendments thereto as
adopted by the FOOT, and as required by
Chapter 316, Florida Statutes.
(h) Any off-site improvements to be
constructed by the School District, even though
not required by the County, shall be subject to
review by the Collier County Transportation
Staff prior to construction to assure compliance
with County regulations.
(i) I n the event the School District proposes to
expand an existing school site, Collier County
Transportation Staff shall make its
recommendations as to improvements required
to mitigate the off-site transportation impacts,
but only as they related to such expansion.
c. SCHOOL BOARD REVIEW ("SBR'j process. The SBR
for School Board projects shall be reviewed under the
following expedited process:
Page 34 of 235
i. The SBR application will be reviewed only as to the
criteria set forth in section 10.02.03 A.3.a.
II. The SBR application submittal must be In
accordance with section 10.02.03 of the code, but
only as to those submittal requirements which are
consistent with the review criteria set out in section
10.02.03 A.3.
iii. The parties will develop a checklist that defines
the items to be su bmitted for a SBR review
a ppl ication.
iv. Prior to commencing construction or site
preparation, the School District shall request a pre-
application meeting with the County. The County will
schedule a pre-application meeting with the School
District withir: three (3) weeks of a request being
submitted to LIle County.
(a) The Cou nty will review the
DEVELOPMENT proposal for compliance with
the Letter of Consistency.
(b) The parties will discuss and enter into a
written agreement as to the timing and location
and the entity or entities responsible for the
cost, construction, operation and maintenance
of the required off-site improvements. Any
requirement that the BCC approve this written
agreement at a public hearing is not a
prerequisite to the School Board's ability to
proceed with any County review that may be
required by the code or the interlocal
agreement.
v. At least 120 days before commencing construction
or site preparation, the School Board shall submit the
SBR plan for the proposed EDUCATIONAL PLANT
or ANCILLARY PLANT to the County for SBR
approval.
(a) The County will have ~4 days to determine
whether the submittal is complete and
sufficient. If the application package is not
Page 35 of 235
sufficient for review, the County will request
additional information from the School District.
(b) Once the application package is sufficient,
the County shall have 90 days to complete the
review and issue a Letter of Compliance. The
90 days may be extended upon agreement of
the County and the School District. Once an
affirmative decision has been. rendered, the
School District may obtain BUILDING permits
and commence construction.
(c) Failure by the County to issue a Letter of
Compliance within 90 days after determining
the application package is sufficient for review
shall be considered an approval. However, if
within the 90 days the County denies the
application based on non-compliance with the
relevant standards of the code, the SBR shall
be considered denied and the School District is
authorized to pursue an appeal.
vi. Letter of Compliance. After the expedited review
and the County's determination of compliance with
the terms of the Code and the interlocal agreement,
the County Manager or his designee, or his designee,
shall issue a Letter of Compliance, which shall
evidence the County's approval of the SBR. In the
event that there is disagreement as to the School
District's compliance with any site plan requirement
set forth in this section, the County Manager or his
designee shall, at the request of the School District
Superintendent's designee, provide the County's
determination and the basis of it in writing to the
Superintendent's designee. Absent further successful
negotiation on the issues, the School District shall be
authorized to appeal the decision of the County
Manager or his designee as described in the Appeals
process below.
vii. The parties agree that the School District shall not
request reviews and that County review is not
requested or required for the following:
(a) The placement of temporary or portable
classroom facilities; or
Page 36 of 235
(b) Proposed renovation or construction on
existing school sites, with the exception of
construction that:
(i) changes the primary use of a facility;
(ii) includes a stadium;
(iii) results in a greater than five percent
increase in K-12 student capacity; or
(iv) encroaches upon the established
SETBACKS as set forth in this
Agreement.
viii. Should the School Board place temporary or
portable classrooms on a site, the School Board will
supply additional data to the Fire Code Office for
review pursuant to Rule 4A-58, Florida Administrative
Code. In addition, the School Board will supply the
Public Utilities Division with additional data on
temporary and portable classroom facilities relative to
CONCURRENCY issues related to water and sewer
capacity and to the proper sizing of water meters and
grease traps. No other reviews will be required for
temporary or portable classroom facilities.
ix. SBR and CONSISTENCY REVIEW Fees. The
County will develop a review fee for the processing of
the SBR and CONSISTENCY REVIEW applications
submitted by the School Board. The School Board
will pay standard County review fees for all other
related project review services.
x. Appeals. In the event that the County denies the
application based on non-compliance with relevant
standards of the code and the interlocal, or in the
event that the Superintendent's designee and the
County Manager or his designee disagree regarding
the interpretation of the code provisions, the School
District may request an appeal to the BCC. However,
appeals regarding issues pertaining to the Fire Code
will be made to the Board of Appeals and
Adjustments under the established procedures for this
Board.
Page 37 of 235
.-- ~--">'
(a) The request for appeal shall be filed in
writing with the County Manager or his
designee and must state the basis for the
appeal accompanied by any pertinent
information, exhibits and other backup
information in support of the appeal.
(b) The BCC shall hold an advertised public
hearing on the appeal and must consider the
decision of the County Manager or his
designee, the position of the School District
and public testimony. If the BCC upholds the
decision of the Cou nty Manager or his
designee, the School District will then be
authorized to pursue any legally available
action or remedy to resolve this matter. If the
BCC supports the position of the School
District, the BCC will direct the County
Manager or his designee, or his designee, to
issue a Letter of Compliance that is consistent
with the findings and conclusions made by the
BCC at the appeal hearing.
d. CONSISTENCY REVIEW The following process will be
followed with respect to future EDUCATIONAL PLANT and
ANCILLARY PLANT sites, prior to acquisition, for both the
determination of consistency with the Collier County GMP
LOCATIONAL CRITERIA and whether the Plant is a
permitted use, CONDITIONAL USE, or prohibited use in the
zoning district on the site. Consistency with all other
Elements of the GMP will be reviewed during the
aforementioned SBR process.
i. The CONSISTENCY REVIEW will be conducted as
follows:
(a) Prior to the purchase of a site for an
Educational or ANCILLARY PLANT, the
school district will request a pre-application
meeting with the County.
(b) The County will schedule a pre-application
meeting with the School District within three (3)
weeks of a request being submitted to the
County.
Page 38 of 235
(c) The County will review the proposed site
for consistency with the FLUE, GGAMP, lAMP,
as well as the LDC and fundamental planning
and design principles including
COMPATIBILITY with surrounding uses,
complimentary pattern of DEVELOPMENT,
landscaping and BUFFERing concerns,
stormwater management, configuration of the
traffic circulation systems, consideration of
natural resources and mitigation of on-site and
off-site negative impacts. The County will
provide a consistency determination based
only on the LOCATIONAL CRITERIA of the
FLUE and whether the Plant is a permitted
use, CONDITIONAL USE or prohibited use in
the z ning district on the site. Consistency
with 'I other Elements of the GMP will be
deterr ined during the SBR Review process.
The following additional information will be
submitted to determine major issues that may
affect site feasibility:
(i) Land Use. A general location map
showing surrounding DEVELOPMENT
with the property outlined, a recent
aerial of the site showing boundaries,
source and date and a map and
summary table of existing land uses and
zoning within a radius of 300 feet from
the boundaries of the subject property.
(ii) Future Land Use Designation. A
map of the subject property designating
each use, such as elementary, middle,
or high school and whether such use
includes a stadium, with acreage tables
for each land use designation.
(iii) Environmental. A recent aerial and
summary table of native habitats and
soils occurring on the site; a table of
Federal and State listed plant and
animal species known to occur on the
site and/or known to inhabit biological
communities similar to the site.
Page 39 of 235
(iv) Growth Management. Identification
of any Area of Critical State Concern
and DEVELOPMENT of Regional
Impact.
(v) Timing and Impact of
DEVELOPMENT. Indication of whether
the proposed site is. intended for
inclusion in the School Board's capital
plan projection and if so, identification of
the year.
(vi) Public Facilities and Transportation.
The School Board will indicate the
proposed existing LEVEL OF SERVICE
Standards (LOS) and the School
Board's provider and method of
treatment for potable water and sanitary
sewer services, Arterial and
COLLECTOR ROADS, drainage and
SOLID WASTE facilities. Where
applicable, service availability letters will
also be provided. The School Board will
provide a map detailing the location of
existing services and public utilities that
will served the proposed site.
(vii) The School Board will identify any
FLOOD zone, wellfield, traffic
congestion boundary, coastal
management boundary and high noise
contours which relate to the proposed
site.
(d) Within 45 days of the submission of the
information outlined in Section 10.02.03 A3.d.
i.(c) of this Code, the County will provide
written comments and recommendations to the
School District along with a determination of
the site's consistency with the GMP
LOCATIONAL CRITERIA and LDC zoning
districts. Necessary on-site and off-site
improvements will be identified for these sites
and the parties responsible for these
improvements to the extent this can be
Page 40 of 235
determined during this locational
CONSISTENCY REVIEW.
(e) Letter of Consistency. After the County
review, the County Manager or his designee,
or his designee, shall issue a Letter of
Consistency for the GMP LOCATIONAL
CRITERIA and whether the Plant is a
permitted use, CONDITIONAL USE or
prohibited use in the zoning district on the site,
which shall evidence the County's
determination of consistency as required by
Section 1013.33(11) Florida Statutes.
(f) After the County has determined that the
site is consistent with the GMP LOCATIONAL
CRITERIA and LDC zoning districts, the
School District shall have up to one year to
acquire the site. Once the site is acquired, the
site shall be deemed to remain consistent
regardless of later changes to either the GMP
or LDC.
(g) After the School District acquires the site
and provides the necessary documentation for
the County to initiate an amendment to the
GMP, the County and School District will enter
into a written agreement as part of the pre-
application process detailed In section
10.02.03 A3.c.iv.(6) of the code, as to the
timing and location, and the entity or entities
responsible for construction, operation and
maintenance of the required improvements.
4. Site DEVELOPMENT and site improvement plan standards.
The County Manager or his designee shall review and consider all
site improvement and site DEVELOPMENT PLANS in accordance
with the following standards:
a. Statements regarding ownership and control of the
property and the DEVELOPMENT as well as sufficiency of
conditions regarding ownership and control, use and
permanent maintenance of COMMON OPEN SPACE,
common facilities, co n se rvatio nip rese rvatio n areas, or
common lands to ensure the preservation of such lands and
facilities will not become a future liability of the county.
Page 41 of 235
-- ---
e_'_'_+'_".'__
b. DEVELOPMENT compliance with all appropriate zoning
regulations and the growth management plan. The ingress
and egress to the proposed DEVELOPMENT and its
improvements, vehicular and pedestrian safety, separation
of vehicular traffic from pedestrian and other traffic, traffic
flow and control, traffic calming devices, provision of
services and servicing of utilities and refuse collection, and
ACCESS in the case of fire or catastrophe, or other
emergency.
Notwithstanding the requirement to comply with the
foregoing provisions, the depiction on a PUD master plan or
description of ACCESS or location of ACCESS points in a
PUD ordinance, does not authorize or vest ACCESS to the
major road system. The location, design, capacity, or routing
of traffic for any specific ACCESS point will be determined
by, and must comply with, the regulations for site
DEVELOPMENT in effect at the time of site
DEVELOPMENT PLAN approval.
c. The location and relationship of parking and loading
facilities to thoroughfares and internal traffic patterns within
the proposed DEVELOPMENT, considering vehicular and
pedestrian safety, traffic flow and control, ACCESS in case
of fire or catastrophe, screening and landscaping.
d. Adequacy of recreational facilities and OPEN SPACES
considering the size, location, and DEVELOPMENT of these
areas with regard to adequacy, effect on ADJACENT and
nearby properties as well as uses within the proposed
DEVELOPMENT, and the relationship to community-wide
OPEN SPACES and recreation facilities.
e. Adequacy of the proposed landscape screens and
BUFFERS considering preservation of the
DEVELOPMENT'S internal land uses as well as
COMPATIBILITY with ADJACENT land uses.
f. Water management master plan on the property,
considering its effect on ADJACENT and nearby properties
and the consequences of such water management master
plan on overall county capacities. Water management areas
shall be required to be maintained in perpetuity according to
the approved plans. Water management areas not
maintained shall be corrected according to approved plans
within 30 days. The engineer of record, prior to final
acceptance, shall provide docu mentation from the
stormwater maintenance entity; indicating that said entity
has been provided information on how the stormwater
Page 42 of 235
systems functions and indicating responsibility for
maintenance of the system.
g. Adequacy of utility service, considering hook-in location
and availability and capacity for the uses projected.
h. Signage proposed for the project in conformity with
section 5.06.00, and a unified SIGN permit shall be applied
for with the submittal packet for the site DEVELOPMENT or
site improvement plan.
i. Architectural design of the BUILDING for all commercial
DEVELOPMENTS located in any commercial zoning district.
j. Such other standards as may be imposed by this Code,
the growth management plan or other applicable regulations
for the particular use or activity proposed.
5. Conceptual site DEVELOPMENT PLAN review and approval.
At the request of the APPLICANT and subject to the applicable fee
set forth in the schedule of fees, planning services department will
complete a conceptual review and issue a written summary of
issues of concern and conceptual approval. This conceptual
approval shall not mean that the project has received final approval,
it shall only indicate that the project is in substantial compliance
with the requirements of the Code and may be approved subject to
further review, changes and modifications.
B. Final Site DEVELOPMENT PLAN procedure and requirements
A pre-application meeting shall be conducted by the County Manager or
his designee, or his/her designee, prior to the submission of any site
DEVELOPMENT or site improvement plan for review. This meeting may
be waived by the County Manager or his designee upon the request of the
APPLICANT
1. Site DEVELOPMENT PLAN submittal packet: The site
DEVELOPMENT submittal packet shall include the following, if
applicable:
a. Ownership: A copy of the recorded deed, contract for sale
or agreement for sale, or a notarized statement of ownership
clearly demonstrating ownership and control of the subject
LOT or PARCEL of land. The APPLICANT shall also
present a notarized letter of authorization from the property
owner(s) designating the APPLICANT as the agent acting
on behalf of the owner(s).
b. Site DEVELOPMENT PLAN. A site DEVELOPMENT
PLAN and a coversheet prepared on a maximum size sheet
measuring 24 inches by 36 inches drawn to scale.
Page 43 of 235
-.-.-. -.'-. ..._"._._"~ -_....~---
i. The following information shall be set forth on the
coversheet:
(a) The project title and the name, address
and phone number of the firm or agent
preparing the plans and the name, address
and telephone number of the property owner.
(b) Zoning designation of the subject property.
In the event that the property is zoned PUD
(Planned Unit DEVELOPMENT), the name of
the PUD and the number of the ordinance
approving the rezone to PUD.
(c) Vicinity map clearly identifying the location
of the DEVELOPMENT and its relationship to
the surrounding community.
(d) A legal description and the property
appraiser's property identification
number(s)/folio number(s) for the subject
property or properties.
ii. The following information shall be set forth on the
site DEVELOPMENT PLAN and/or on a separate
data sheet used exclusively for that purpose.
(a) A narrative statement on the plan
identifying the provisions of ownership and
maintenance of all common areas, OPEN
SPACE, private STREETS and EASEMENTS.
(b) A site summary in chart form which shall
include the following information, with
DEVELOPMENT and dimensional standards
based on the provisions of the land
DEVELOPMENT code and where applicable
the PUD ordinance:
(i) Total site acreage.
(ii) Total square footage of
IMPERVIOUS AREA (including all
parking areas, drive-aisles, and internal
STREETS) and its percentage of the
total site area.
(iii) Total square footage of landscape
area/OPEN SPACE' and its percentage
of the total site area.
(iv) For residential projects, total
number of units, units per acre, and a
Page 44 of 235
unit breakdown by square footage and
number of bedrooms, as well as
minimum/maximum (as applicable) floor
area required and floor area proposed.
(v) For nonresidential projects, total
BUILDING footage and a square
footage breakdown by use (i.e., office,
retail, storage, etc.) and its percentage
of the total BUILDING; for HOTELS and
MOTELS, the minimum/maximum (as
applicable) floor area, or proposed
FLOOR AREA RATIO, required, and
floor areas.
(vi) All required and provided
SETBACKS and separations between
BUILDINGS and STRUCTURES in
matrix form.
(vii) Maximum zoned BUILDING height
allowed and actual BUILDING height as
defined in Section 1.08.00.
(viii) Zoning and land use of the subject
property and ADJACENT properties,
including properties ABUTTING an
ADJACENT RIGHT-OF-WAY or
RIGHT-OF-WAY EASEMENT.
(ix) North arrow, scale, and date.
(c) A parking summary in matrix form which
shall include:
(i) Type of use.
(ii) Total square footage broken down
by use.
(iii) Required parking ratio, number of
standard spaces required by use, and
number provided.
(iv) Number of LOADING SPACES
required and provided (if applicable).
(v) Number of spaces provided by use.
(d) The following information must be included
in the SDP packet:
(i) Information in the Standard
BUILDING Code, type of construction,
Page 45 of 235
--..-..---'" ~ -.-,,--.
number of stories, total square footage
under roof, occupancy/use and fire
sprinkler intentions of all proposed
STRUCTURES so that a needed fire
flow may be determined.
(ii) A fire hydrant flow test report from
the applicable fire district for the closest
hydrant(s) to the project so that the
available fire flow may be determined.
(e) Illustrative information accurately depicted
shall be as follows unless waived at the pre-
application meeting:
(i) A boundary survey, prepared by a
professional surveyor, showing the
location and dimensions of all property
lines, existing STREETS or roads,
EASEMENTS, RIGHTS-OF-WAY, and
areas dedicated to the public. This
survey shall be accompanied either by
an attorney's opinion title, or by a sworn
statement from the property owner( s)
stating that he or she has provided
sufficient information to the surveyor to
allow the accurate depiction of the
above information on the survey.
(ii) Name, alignment and
existing/proposed RIGHTS-OF-WAY of
all STREETS which border the
DEVELOPMENT (including raised
islands, striping, right/left turn lanes,
median cuts and nearby intersections),
the location of all existing DRIVEWAYS
or ACCESS points on the opposite sides
of all STREETS which border the
DEVELOPMENT, and the location of all
traffic calming devices.
(iii) Location and configuration of all
DEVELOPMENT ingress and egress
points.
(iv) Location and arrangement of all
proposed BUILDINGS (including
existing BUILDINGS that are to remain).
Page 46 of 235
(v) Location and configuration of all
parking and loading areas.
(vi) Name, alignment and
existing/proposed RIGHT -OF -WAY of all
internal STREETS and ALLEYS.
(vii) Directional movement of internal
vehicular traffic and its separation from
pedestrian traffic.
(viii) Location and configu ration of
recreational facilities (including related
BUILDINGS, golf course areas, tennis
courts, pools, etc.).
(ix) Location and general configuration
of all water and drainage
retention/detention areas as well as all
existing and proposed EASEMENTS,
and water and sewer lines intended to
serve the DEVELOPMENT.
(x) Location and general configuration
of such natural featu res as
preservation/conservation areas, water
bodies, and WETLANDS.
(xi) Location of emergency ACCESS
lanes, fire hydrants and fire lanes.
(xii) Location of all handicapped parking
spaces.
(xiii) Location of trash enclosures.
(xiv) Location and heights of proposed
walls or fences.
(xv) Accurate dimensions which include
the following:
1. All BUILDING SETBACKS.
2. Distance between BUILDINGS and
ACCESSORY STRUCTURES.
3. Width of all internal STREETS.
4. All parking areas and drive-aisles.
5. Landscape areas ADJACENT to all
vehicular drives, interior property lines
and all parking areas.
Page 47 of 235
-- ~----".
(xvi) Traffic circulation, signing and
marking plan, to include outside and
inside radii for all turn movements using
a common pivot point for both radii at
each location.
(xvii) Any additional relevant information
as may be required by the County
Manager or his designee.
(xviii) Off-site ACCESS, roadway
elevation, BUILDING and other physical
features a minimum of 200 feet from the
property unless otherwise determined
necessary or feasible by the planning
services or transportation planning
director.
(f) For projects subject to the provisions of
Section 5.05.08, architectural drawings, signed
and sealed by a licensed architect, registered
in the state of Florida.
(i) Scaled elevation for all sides of the
BUILDING;
(ii) Scaled wall section from top of roof
to GRADE depicting typical elevation
with details and materials noted, and
rendered to show materials and color
scheme with paint chips and roof color
samples;
(iii ) Site sections showing the
relationship to ADJACENT
STRUCTURES; and
(iv) A unified SIGN plan as required
Section 5.05.08. Representations made
on the site DEVELOPMENT PLAN shall
become conditions of approval.
BUILDING plans and architectural
drawings submitted in conjunction with
an application for any BUILDING
permits shall be consistent with the
BUILDING plans and architectural
drawings submitted and approved for
the SDP or SIP.
i ii. Digital requirements for site DEVELOPMENT
PLANS. A site DEVELOPMENT PLAN shall also be
Page 48 of 235
digitally created on one or more CDROM disks. All
data shall be delivered in the North American Datum
1 983/1 990 (NAD83/90) State Plane coordinate
system, Florida East Projection, in United States
Survey Feet units; as established by a Florida
Professional Surveyor & Mapper in accordance with
Chapters 177 and 472 of the Florida Statutes. All
information shall meet Minimum Technical Standards
as established in Chapter 61 G 17 of the Florida
Administrative Code. Files shall be in a Digital
Exchange File (DXF) format; information layers shall
have common naming conventions (i.e. RIGHT -OF-
WAY - ROW, centerlines - CL, edge-of-pavement _
EOP, etc.)
c. Landscaping plan. A landscape plan which shall contain
the following:
I. Landscape summary. A landscape summary in
matrix form which shall include:
(a) Graphic symbol to indicate each type of
plant material.
(b) Botanical name.
(c) Common name.
(d) Total number of each type of plant
material.
(e) Height and spread of each type of plant
material.
(f) Spacing of each type of plant material.
ii. Illustrative information. Illustrative information
consisting of the following shall be accurately depicted
on the landscape plan:
(a) The location, configu ration and
arrangement of all proposed BUILDINGS,
internal STREETS and parking areas as
reflected on the site plan.
(b) The location and dimensions of all
proposed landscaped areas with appropriate
graphic symbols including existing trees that
are being cred ited toward the
DEVELOPMENT'S landscaping requirements.
(c) Location and configuration of all special or
textured paving areas.
Page 49 of 235
->"-- .-
(d) Provisions for site irrigation.
(e) Any additional relevant information as may
be required by the County Manager or his
designee.
d. Vegetation inventory: A generalized vegetation inventory
of the property shall be required to the extent necessary, as
determined at the pre-application meeting, indicating the
approximate location, DENSITIES and species of th e
following:
i. Upland, wetland and estuarine vegetation including
PROHIBITED EXOTIC VEGETATION, mapped using
FLUCCS terminology.
ii. Any type of vegetation identified for preservation.
ii i. Projects containing the following shall provide a
survey of identifying species and locations on a
current aerial photograph at a scale of one inch
equals 200 feet or larger or superimposed on the site
plan:
(a) Plants specified to remain in place or to be
transplanted to other locations on the property
as specified in the applicable DEVELOPMENT
ORDER.
(b) Specimen trees designated by the board of
county commissioners, pursuant to section
10.02.06 D.1.f.iii.(b).
(c) State or federal rare, threatened or
endangered plant species surveyed according
to accepted Florida Game and Freshwater Fish
Commission or U.S. Fish and Wildlife methods.
(d) Existing trees that may be credited toward
the DEVELOPMENT'S landscaping
requ irements.
IV. For proposed site AL TERATION(S) within the
COAST AL ZONE as depicted on the future land use
map, in addition to the foregoing requirements, the
vegetation inventory shall depict the categories of
impact in accordance with sections 3.03.03-3.03.04.
e. Aerial photo. A recent aerial photo shall be provided at
the same scale as the plan delineating the DEVELOPMENT
boundaries, unless waived at the pre-application meeting.
Page 50 of 235
f. DENSITY bonus. In the event a residential bonus is
requested, as provided for in the growth management plan, a
certified survey that clearly illustrates the location and
relationship of the DEVELOPMENT to the appropriate
activity center and the related activity band shall be required.
g. BUILDING plans. Plans showing proposed BUILDING
footprints, spatial relationship to one another when there are
multiple BUILDINGS and BUILDING heights.
h. Soil erosion and sediment control plan. A .soil erosion and
sediment control plan pursuant to section 10.02.02 above.
i. Infrastructure improvements plans. Detailed on-site and
off-site infrastructure improvement plans and construction
documents prepared in conformance with the design
standards of Sections 10.02.04 and 10.02.05 and any
current cou nty ordinances, regulations, policies and
procedures which consist of, but are not limited to, the
following items:
i. A cover sheet setting forth the DEVELOPMENT
name, APPLICANT name, name of engineering firm,
and vicinity map.
ii. Improvements for water and sewer service as
needed or as may have been specified during a
preliminary site DEVELOPMENT PLAN review
prepared in conformance with Collier Cou nty
Ordinance No. 88-76, as amended.
iii. Improvements for roadway, motor vehicle and
non-motorized circulation, ingress and egress, parking
and other transportation needs, including traffic
calming devices, required or as may have been
specified during the preliminary site DEVELOPMENT
PLAN review, prepared in conformance with the
Collier County Construction Standards Manual
SUBDIVISION design requirements (for purposes of
this requirement, all references in the Collier County
Construction Standards Manual to "SUBDIVISION"
should be read to mean DEVELOPMENT, where
applicable and appropriate).
iv. Non-motorized circulation is defined as movement
by persons on foot, bicycle or other human-powered
device. Non-motorized circulation depicting
SIDEWALKS and bicycle facilities consistent with
sections. 5.05.08 A5.
Page 51 of 235
_,_._m --- .----
....---".-.
v. The absence of obstructions in the public RIGHT-
OF-WAY shall be demonstrated, including provisions
for safe and convenient STREET crossing.
SIDEWALKS and bike paths at intersections shall
continue to the edge of curb as depicted by
Illustrations 1 and 2.
TP 1f!!t7~4?F CUPS
-.-J:~ ~
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,
,
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-1 rn
t7ON'r Pi:? rll/~
~!.1.1 '.".
~ ~
...... m-'
.J. . . .... . .
~f~' ~:
t70 71/5
Illustration 1
VI. Two curb ramps shall be provided for
SIDEWALKS and bike paths at each STREET corner
of an intersection. Curb ramps shall be a minimum of
36 inches in width and shall not rise at a ratio greater
Page 52 of 235
than as outlined by the Florida accessibility code for
BUILDING construction.
CU"15 IZAHf'5
.-J
:=U L ,11'11I1111I11
n-'
=jI
II 17"M'r I1t> ~
, L~
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-
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illustration 2
Crosswalks shall be required at any intersection
where the distance to the nearest crosswalk is greater
than 1 ,000 feet.
vii. Improvements for water management purposes
as needed or as may have been specified during the
preliminary site DEVELOPMENT PLAN review,
prepared in conformance with section the Collier
County Construction Standards Manual
SUBDIVISION design requirements (for purposes of
this requirement, all references in section the Collier
County Construction Standards Manual to
"SUBDIVISION" should be read to mean
Page 53 of 235
--
DEVELOPMENT, where applicable and appropriate),
and pursuant to South Florida Water Management
District rules, chapter 40E-4, 40E-40 and 40E-41,
Florida Administrative Code.
viii. All necessary standard and special details
associated with paragraphs (iii) - (vi) above.
ix. Written technical specifications for all
infrastructure improvements to be performed.
x. Engineering design computations and reports for
water, sewer, roads and water management facilities,
as required by federal, state and local laws and
regulations.
xi. Topographical map of the property which shall
include the following:
(a) Existing features, such as, watercourses,
drainage ditches, lakes, marshes.
(b) Existing contours or representative ground
elevations at spot locations and a minimum of
50 feet beyond the property line.
(c) Benchmark locations and elevations
(NGVD).
xii. Site clearing plan and method of vegetation
disposal.
xiii. SIDEWALKS and BIKE LANES. For all projects
required to be developed through the site
DEVELOPMENT PLAN (SDP) process, the
developer must construct SIDEWALKS and BIKE
LANES where applicable, as described below.
Applicability: For all districts, SIDEWALKS and BIKE
LANES must be constructed contiguous to public and
private roadways which are ADJACENT to and/or
internal to the site, in conformance with the criteria
described below:
(a) SIDEWALKS, six feet in width must be
provided on both sides of collector and
ARTERIAL STREETS.
(b) SIDEWALKS, five feet in width, must be
provided on both sides of ,local STREETS.
(c) BIKE LANES must be provided on both
sides of collector and ARTERIAL STREETS.
Page 54 of 235
(d) For multi-family site DEVELOPMENT and
site improvement projects, districts RT, RMF-6,
RMF-12, and RMF-16 and all multi-family
residential components of PUD districts;
SIDEWALKS, five feet in width, must be
provided on both sides of local STREETS with
a dedicated public RIGHT-OF-WAY or
roadw~y EASEMENT. Where there is no public
RIGHT-OF-WAY or roadway EASEMENT,
SIDEWALKS must connect on-site residential
BUILDING(s) to a SIDEWALK within a public
roadway or, if no SIDEWALK exists, to the
RIGHT-OF-WAY line in accordance with Code
standards contained herein. Should a two-
directional shared use path be utilized, the
minimum paved width must be ten feet.
(e) All SIDEWALKS and BIKE LANES along
public and private roadways must be
constructed in accordance with design
specifications identified in the Collier County
Construction Standards Manual and Section
5.05.08 of this Code.
(f) DEVELOPMENTS providing
interconnections to existing and future
DEVELOPMENTS pursuant to the DENSITY
rating system section of the Collier County
growth management plan future land use
element, must include sufficient RIGHT -OF-
WAY to accommodate the roadway,
SIDEWALKS, and BIKE LANES, where
required. BIKE LANES and SIDEWALKS must
be constructed concurrently with the roadway
interconnection.
(g) Where planned RIGHT-OF-WAY
improvements by the county transportation
division scheduled in the county's capital
improvements program (CIP) would cause the
removal of any SIDEWALKS or BIKE LANES,
the developer, in lieu of construction of the
required SIDEWALKS and BIKE LANES, must
provide funds for the cost of SIDEWALK and
BIKE LANE construction as defined by the
schedule of DEVELOPMENT review and
BUILDING permit fees and deposit the same
into a PATHWAY fund, for future construction
Page 55 of 235
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of required SIDEWALKS and BIKE LANES, by
the county. The time frame for this funding
option is two years from the date of issuance of
the first BUILDING permit to the date that the
road construction is required to be bid.
xiv. Completion of site DEVELOPMENT PLANS.
Upon completion of the infrastructure improvements
associated with a site DEVELOPMENT PLAN, and
prior to the issuance of a certificate of occupancy, the
engineer shall provide a completion certificate as to
the improvements, together [with] all applicable items
referenced in section 10.02.05 C.3. of this Code.
Upon a satisfactory inspection of the improvements, a
certificate of occupancy may then be issued.
xv. SIDEWALK parking. The distance from the back
of the SIDEWALK to the garage door must be at least
23 feet to allow room to park a vehicle on the
DRIVEWAY without parking over the SIDEWALK.
Should the garage be side-loaded there must be at
least a 23-foot paved area on a perpendicular plane to
the garage door or plans must ensure that parked
vehicles will not interfere with pedestrian traffic.
j. Permits. All necessary permits and necessary applications
requiring county approval and other permitting and
construction related items, including but not limited to the
following, shall be submitted and approved with the site
DEVELOPMENT PLAN:
i. Florida Department of Environmental Protection
water and sewer facilities construction permit
application.
ii. Excavation permit application.
iii. Florida Department of Transportation utilities
construction application and/or RIGHTS.QF-WA Y
construction permits.
iv. Collier County RIGHT -OF-WAY permit, if required,
prior to or at site DEVELOPMENT PLAN approval.
v. Blasting permit prior to commencement of any
blasting operation.
vi. South Florida Water Management District permit, if
required, or, Collier County general permit for water
management prior to site DEVELOPMENT PLAN
approval.
Page 56 of 235
vii. Interim WASTEWATER and/or water treatment
plant construction or interim septic system and/or
private well permits prior to BUILDING permit
approval.
viii. Any additional state and federal permits which
may be required prior to commencement of
construction, addressing the impacts on jurisdictional
WETLANDS and habitat involving protected species.
ix. All other pertinent data, computations, plans,
reports, and the like necessary for the proper design
and construction of the DEVELOPMENT that may be
submitted.
x. All necessary performance securities required by
Collier County ordinances in effect at the time of
construction.
2. Site improvement plan review.
Submittal of a site plan may be reviewed under the site
improvement plan (SIP) review process if the DEVELOPMENT
proposal meets all of the following conditions:
a. The project involves a site which is currently improved
with PRINCIPAL STRUCTURES, parking facilities, water
and sewer services, and defined ingress/egress.
b. The proposed use will not require an expansion of the
existing IMPERVIOUS AREAS to [a] degree which would
require engineering review or otherwise affect on-site
surface water management facilities as may be documented
by waiver letters from the South Florida Water Management
District or Collier County where applicable.
c. Written docu mentation from appropriate agencies
acknowledging that water and sewer services are available
at the site and are adequate to serve the proposed use.
d. Site improvement plan submittal and review. A site
improvement plan (SIP) shall be prepared on a 24-inch by
36-inch sheet drawn to scale and setting forth the following
information:
i. The project title, property owner, address and
telephone number.
ii. Legal description, scale, and north arrow.
iii. Zoning designation of the subject site and
ADJACENT sites and the proposed use of the subject
site.
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iv. Location, configuration and dimensions of all
BUILDING and LOT improvements.
v. Location and configuration of parking and loading
areas, and the directional movement of internal
vehicle traffic.
vi. Location and dimension of ACCESS point(s) to
the site.
vii. Parking summary in matrix form, indicating the
required and provided parking for each existing and
proposed use.
viii. Location and configuration of handicapped
parking facilities and BUILDING accessibility features.
ix. Location, dimension and configuration of existing
water management facilities.
x. Location of trash enclosures.
xi. Location of existing and proposed landscaping
with specifications as to size, quantity and type of
vegetation.
xii. All required and provided SETBACKS and
separations between STRUCTURES in matrix form.
xiii. Any additional relevant information as may be
required by the County Manager or his designee.
e. Site improvement plan completion. Upon completion of
the required improvements associated with a site
improvement plan, and prior to the issuance of a certificate
of occupancy, the engineer shall provide a completion
certificate as to the improvements, together with all
applicable items referenced in section 10.02.05 C.3. of this
Code. Upon a satisfactory inspection of the improvements, a
certificate of occupancy may then be issued.
f. Performance securities for site DEVELOPMENT PLANS.
In the case of multi-family the DEVELOPMENTS with
individually owned units which are served by SUBDIVISION
type improvements, i.e. DRIVEWAYS which function as
ACCESS roads and drainage improvements, the developer
shall be required to post a performance security in a form as
outlined in section 10.02.04 B.3.e. of this Code. Calculations
for the amount of the security shall be determined as
outlined in this Chapter of this Code. The performance
security shall be accepted by the county prior to the issuance
of the first certificate of occupancy for the site
DEVELOPMENT PLAN. Upon a satisfactory final inspection
Page 58 of 235
of the improvements, which shall be no later than 24 months
from approval of the site DEVELOPMENT PLAN, the
performance security shall be returned to the developer. One
year extensions may be granted by the engineering review
director.
3. Amendments and insubstantial changes.
Any proposed change or~mendment to a previously approved site
DEVELOPMENT PLAN, shall be subject to review and approval by
the County Manager or his designee. Upon submittal of a plan
clearly illustrating the proposed change, the County Manager or his
designee shall determine whether or not it constitutes a substantial
change. In the event the County Manager or his designee
determines the change is substantial, the APPLICANT shall be
required to follow the review procedures set forth for a new site
DEVELOPMENT PLAN. A substantial change, requiring a site
DEVELOPMENT PLAN amendment, shall be defined as any
change which substantially affects existing transportation
circulation, parking or BUILDING arrangements, drainage,
landscaping, BUFFERING, identified preservation/conservation
areas and other site DEVELOPMENT PLAN considerations. The
County Manager or his designee shall evaluate the proposed
change in relation to the following criteria; for purposes of this
section, the insubstantial change procedure shall be acceptable
where the following conditions exist with respect to the propose
change:
a. There is no South Florida Water Management District
permit, or letter of modification, needed for the work and
there is no major impact on water management as
determined by the engineering director.
b. There is no new ACCESS proposed from any public
STREET however minimal RIGHT-OF-WAY work may be
permitted as determined by the transportation planning
director.
c. There is no addition to existing BUILDINGS (air-
conditioned space) proposed however a maximum area of
300 square feet of non-air-conditioned space used for
storage, or to house equipment, will be permitted.
d. There is no proposed change in BUILDING footprint or
relocation of any BUILDING on site beyond that needed to
accommodate storage areas as described in number 3
above.
Page 59 of 235
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e. The change does not result in an impact on, or
reconfiguration of, preserve areas as determined by the
environmental services director.
f. The change does not result in a need for additional
environmental data regarding protected species as
determined by the environmental services director.
g. The change does not include the addition of any
ACCESSORY STRUCTURE that generates .additional traffic
as determined by the transportation planning director,
impacts water management as determined by the
engineering director, or contains air-conditioned space.
h. The change does not trigger the requirements of Section
5.05.08 as determined by the County Manager or his
designee.
i. There are no revisions to the existing landscape plan that
would AL TER or impact the site DEVELOPMENT PLAN (as
opposed to only the landscape plan) as determined by the
landscape architect.
4. Site DEVELOPMENT PLAN time limits for review, approval and
construction.
a. Site DEVELOPMENT PLANS (SDPs), once accepted for
review, will remain under review so long as a resubmittal in
response to a county reviewer's comments is received within
270 days of the date on which the comments were sent to
the APPLICANT. If a response is not received within this
time, the application for site DEVELOPMENT PLAN review
will be considered withdrawn and cancelled. Further review
of the project will require a new application subject to the
then current code.
b. Approved site DEVELOPMENT PLANS (SDPs) only
remain valid and in force for two years from the date of their
approval unless construction has commenced, as follows. If
actual construction has not commenced within two years,
measured by the date of the SDP approval letter, the site
DEVELOPMENT PLAN approval term expires and the SOP
is of no force or effect; however, one amendment to the SOP
may be approved prior to the expiration date, which would
allow the SDP, as amended, to remain valid for two years
measured from the date of approval of the amendment so
long as the proposed amendment complies with the
requirements of the then existing code. Once construction
has commenced, the approval term will be determined as
follows:
Page 60 of 235
c. The construction of infrastructure improvements approved
by an SDP shall be completed, and the engineer's
completion certificate provided to the engineering services
director, . within 18 months of the pre-co nstru ction
conference, i.e., commencement of construction. A single,
six-month extension to complete construction may be
granted for good cause shown if a written request is
submitted to, and. .approved by, the engineering services
director priorto expiration of the then effective approval term.
Thereafter, once the SDP approval term expires the SDP is
of no force or effect.
5. Violations.
No BUILDING permit or certificate of occupancy shall be issued
except in compliance with the approved site DEVELOPMENT
PLAN. Violation of the terms identified in the approved site
DEVELOPMENT PLAN shall constitute a violation of this Code.
6. Electronic data requirements.
After the final site DEVELOPMENT PLAN has been approved by
the County Manager or his designee for compliance with this Code
as provided in this section, the APPLICANT'S professional
engineer shall also submit digitally created construction/site plan
documents, one disk (CDROM) of the master plan file, including,
where applicable, EASEMENTS, water/WASTEWATER facilities,
and stormwater drainage system. The digital data to be submitted
shall follow these formatting guidelines: All data shall be delivered
in the state plane coordinate system, with a Florida East Projection,
and a North American Datum 1983/1990 (NAD83/90 datum), with
United States Survey Feet (US FEET) units; as established by a
Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in a Digital
Exchange File (DXF) format; information layers shall have common
naming conventions (Le. RIGHT-OF-WAY--ROW, centerlines--CL,
edge-of-pavement--EOP, etc.). For a plan to be deemed complete,
the layering scheme must be readily understood by county staff. All
property information (PARCELS, LOTS, and requisite annotation)
shall be drawn on a unique information layer, with all Iinework
pertaining to the property feature located on that layer. Example:
PARCELS--AII lines that form the PARCEL boundary will be
located on one PARCEL layer. Annotations pertaining to property
information shall be on a unique layer. Example: LOT dimensions--
Lottxt layer.
10.02.04 Submittal Requirements for Plats
A Preliminary SUBDIVISION plat requirements
Page 61 of 235
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1. Procedures for preliminary SUBDIVISION plat.
a. Optional. The preliminary SUBDIVISION plat process is
not mandatory, but an option that may be exercised by the
APPLICANT upon the effective date of this ordinance. All
preliminary SUBDIVISION plats that were approved prior to
the effective date of this ordinance are not optional and must
proceed in accordance with the procedures outlined for a
preliminary SUBDIVISION plat. Also, nothing in this section
will be construed to affect the mandatory nature of a final
SUBDIVISION plat.
b. Initiation. In order to initiate an application for a
preliminary SUBDIVISION plat, the APPLICANT shall
prepare and submit to the County Manager or his designee a
preliminary SUBDIVISION plat which meets the
requirements contained in this section.
c. Review and determination of approval, approval with
conditions, or denial by County Manager or his designee.
After receipt of a completed preliminary SUBDIVISION plat,
the County Manager or his designee shall review and
evaluate the preliminary SUBDIVISION plat in conformance
with the preliminary SUBDIVISION plat requirements
established in this section. Based on the review and
evaluation, the County Manager or his designee shall
approve, approve with conditions, or deny the preliminary
SUBDIVISION plat. The decision to approve with conditions,
or deny the preliminary SUBDIVISION plat may be appealed
to the board of county commissioners pursuant to the
provisions of section 10.02.02 of this Code. If the County
Manager or his designee should deny or place conditions on
the preliminary SUBDIVISION plat, he shall state in writing
reasons for such denial or conditions, and shall cite the
applicable code or regulatory basis for the conditions or
denial. Said determination may be appealed to the county
board of commissioners.
2. Preliminary SUBDIVISION plat submission requirements. The
preliminary SUBDIVISION plat process is optional. The optional
nature of this process will in no way affect the submission
requirements enumerated below. In other words, if an APPLICANT
chooses this option, the APPLICANT must follow all of the
submission requirements. The mandatory nature of the final
SUBDIVISION plat process is likewise not affected by the optional
nature of the preliminary SUBDIVISION plat submission process.
Page 62 of 235
A preliminary SUBDIVISION plat application shall be submitted for
the entire property to be subdivided in the form established by the
County Manager or his designee and shall, at a minimum, include
ten copies of the preliminary SUBDIVISION plat unless otherwise
specified by the County Manager or his designee. The preliminary
SUBDIVISION plat shall be prepared by the APPLICANT'S
engineer and surveyor. Land planners, landscape architects,
architects, and other technical and professional persons may assist
in the preparation of the preliminary SUBDIVISION plat. The
preliminary SUBDIVISION plat shall be coordinated with the major
utility suppliers and public facility providers applicable to the
DEVELOPMENT. Provisions shall be made for placement of all
utilities underground, where possible. Exceptions for overhead
installations may be considered upon submission of sound
justification documenting the need for such installation. The
preliminary SUBDIVISION plat shall include or provide, at a
minimum, the following information and materials:
a. A preliminary SUBDIVISION plat shall consist of a series
of mapped informatun sheets on only standard size 24-inch
by 36-inch sheets to include, but not be limited to, the
following:
i. Cover map sheet;
ii. Boundary and topographic survey;
iii. Preliminary SUBDIVISION plat with RIGHT -OF-
WAY and LOT configurations;
iv. Natural features and vegetative cover map; for
proposed site AL TERA TION(S) within the COASTAL
ZONE, vegetative cover map shall also comply with
section 3.03.02 B.;
v. Master utilities and water management (drainage)
plans;
vi. Aerial map; and
vii. Standard RIGHT -OF-WAY cross-sections and
appropriate design details.
The above mapped information may be combined on one or
more maps if determined appropriate by the County
Manager or his designee.
b. Name of SUBDIVISION or identifying title which shall not
duplicate or closely approximate the. name of any other
SUBDIVISION in the incorporated or unincorporated area of
Collier County.
Page 63 of 235
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c. A vicinity plan showing the location of the tract in
reference to other areas of the county.
d. North arrow, graphic scale and date.
e. Name, address and telephone number of the developer,
along with the name and address of the registered engineer
and registered surveyor responsible for the plat and
supporting data.
f. The location and names of ADJACENT SUBDIVISIONS,
if any, and plat book and page reference.
g. The tract boundary with bearings and distances along
with written description and location relative to section
corners.
h. Topographical conditions on the tract including all the
existing watercourses, drainage ditches and bodies of water,
marshes, WETLANDS, possible archaeological sites and
other significant features.
i. All existing STREETS and ALLEYS of record on or
ADJACENT to the tract including name, RIGHT-OF-WAY
width, STREET or pavement width and established
centerline elevation. Existing STREETS shall be
dimensioned to the tract boundary.
j. All existing property lines, EASEMENTS and RIGHTS-OF-
WAY of record, their purpose, and their effect on the
property to be subdivided.
k. The location and width of all proposed STREETS,
ALLEYS, RIGHTS-OF-WAY, EASEMENTS and their
purpose along with the proposed layout of the LOTS and
BLOCKS. Proposed STREET names shall be identified on
all pu blic or private thorough-fares. Typical RIGHT -OF -WAY
and pavement cross sections shall be graphically illustrated
on the preliminary SUBDIVISION plat, showing the location
of SIDEWALKS, bikepaths and utilities. If not previously
determined during the rezoning process, it shall be
determined whether the STREETS are to be public or
private.
I. The incorporation and compatible DEVELOPMENT of
present and future STREETS as shown on the traffic
circulation element of the Collier County growth
management plan, when such present or future STREETS
are affected by the proposed SUBDIVISION.
m. ACCESS points to collector and ARTERIAL STREETS
showing their compliance to the requirements established by
Page 64 of 235
this section or a zoning action previously approved by the
board of county commissioners.
n. Ground elevations based on the NGVD. However,
information pursuant to 10.02.04 A2.h. may suffice for this
information requirement where spot elevations have been
provided in sufficient number and distribution on a boundary
survey map.
o. All existing dralnage district facilities and their ultimate
RIGHT -OF-WAY requirements as they affect the property to
be subdivided.
p. Generalized statement of subsurface conditions on the
property, location and results of tests made to ascertain
subsurface soil conditions and groundwater depth.
q. Zoning classification of the tract and all contiguous
properties, and, if applicable, a reference to the planned unit
DEVELOPMENT or zoning ordinance, by project name and
ordinance number, shall be shown.
r. Utilities such as telephone, power, water, sewer, gas, and
the like, on or ADJACENT to the tract including existing or
proposed water and sewage treatment plants. The
preliminary SUBDIVISION plat shall contain a statement that
all utility services shall be available and have been
coordinated with all required utilities. Evidence of such utility
availability shall be provided in writing from each utility
proposed to service the SUBDIVISION.
s. Sites proposed for parks, recreational areas, and school
sites or the like in accordance with any existing ordinances
requiring such a dedication.
1. Typical LOT configurations shall be illustrated and the
minimum area of the LOTS required by the approved zoning
classification shall be referenced by note. Such illustrations
shall show a typical DWELLING UNIT meeting required
SETBACKS for a typical LOT. SETBACKS required by the
approved zoning classification shall be provided verbatim on
the plan in matrix form. Where more than one type of
DWELLING UNIT (e.g., single-family detached, single-family
attached, ZERO LOT LINE) is planned, LOTS must be
linked to the type, or types, of unit which they are intended to
accommodate. LOT areas and LOT dimensions may be
shown on a legend as opposed to notation on each LOT.
u. An ENVIRONMENTAL IMPACT STATEMENT pursuant
to section 10.02.02 of this Code, except that the
APPLICANT may request an administrative waiver of this
Page 65 of 235
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provision where it is apparent that no environmental
degradation will result from the DEVELOPMENT of the land
or where a prior environmental impact assessment was
prepared for the same area of land within five years from the
date of submission of the preliminary SUBDIVISION plat.
v. Locations of all WETLANDS, archaeological sites,
endangered or threatened species, on the PARCEL. The
following natural feature map shall be provided, as required,
based on the nature of the property in question:
i. A map of all wetland area locations as delineated
by all agencies having jurisdiction over such
WETLANDS.
ii. A map of all archaeological site locations as
delineated by a professional archaeologist, a
regulatory agency or a state-recognized
archaeological group.
iii. A map of all locations of other natural features as
required by [the] County Manager or his designee or
any other regulatory agency having jurisdiction over
such features.
iv. A map of all locations of colonies, burrows and
nest trees of all endangered, threatened, or species of
special concern. Such map shall be based upon
delineation criteria of the appropriate governmental or
regulatory agencies for such species.
w. The location of BUFFERED areas required by section
4.06.01 shall be illustrated and dimensioned if appropriate at
this time.
x. A SUBDIVISION that generates 1,000 ADT (AVERAGE
DAIL Y TRIPS) or 150 vehicles per hour, peak hour/peak
season shall submit a traffic impact analysis. The traffic
impact analysis shall be prepared by an engineer and shall
be used to determine the number of lanes and capacity of
the STREET system proposed or affected by the
DEVELOPMENT, based on ultimate permitted
DEVELOPMENT.
y. A master water management plan outlining the existing
and proposed surface watercourses and their principal
tributary DRAINAGE FACILITIES needed for proper
drainage, water management and DEVELOPMENT of the
SUBDIVISION. The master water management plan for
projects that are 40 acres or less shall consist of a plan and
report with preliminary design calculations indicating the
Page 66 of 235
method of drainage, existing water elevations, recurring high
water elevations, the proposed design water elevations,
drainage STRUCTURES, canals, ditches, delineated
WETLANDS, and any other pertinent information pertaining
to the control of storm and ground water. For projects that
are greater than 40 acres, a South Florida Water
Management District conceptual permit submittal or staff
report with plan, or above equivalent, shall be required. The
master water management plan and data submitted shall be
consistent with the "content of application" submissions
required by the South Florida Water Management District
(see Rule 40E, F.AC., as amended). In cases where
modifications or improvements are not planned for existing
major watercourses and their principal tributary DRAINAGE
FACILITIES, this requirement may be accomplished by so
indicating on the preliminary SUBDIVISION plat.
3. Conditions. The County Manager or his designee has the
authority to approve requests for substitutions to the design
standards contained in the Collier County Construction Standards
Manual provided those requests are based on generally accepted,
sound and safe, professional engineering principles and practices.
Requests for substitutions shall be made in writing and shall
provide clear and convincing documentation and citations to
professional engineering studies, reports or other generally
accepted professional engineering sources to substantiate the
substitution requested.
4. Effect and limitation of approval of preliminary SUBDIVISION
plat.
a. Precondition for improvement plans and final
SUBDIVISION plat. Only after approval of the preliminary
SUBDIVISION plat shall the APPLICANT be entitled to
submit to the county the improvement plans and final
SUBDIVISION plat as required by this section. No
improvement plans or final SUBDIVISION plat shall be
accepted for review unless the preliminary SUBDIVISION
plat has been approved and remains valid and in effect.
b. No vested rights. It is hereby expressly declared that the
intent of this section is to create no vested rights in the
APPLICANT or owner of property which obtains approval of
a preliminary SUBDIVISION plat, and the county shall not be
estopped to sUbsequently deny approval of the improvement
plans and final SUBDIVISION plat based on changes in
federal, state or local laws or regulations, or upon any other
facts or circumstances subsequently arising or considered
which would adversely affect the feasibility or deSirability of
Page 67 of 235
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the preliminary SUBDIVISION plat, nor shall the county be
estopped to deny any rezoning in which a preliminary
SUBDIVISION plat is submitted in support of such rezoning.
c. Time limitations. Refer to the provisions of 10.02.05 A.
d. Relationship to site DEVELOPMENT PLANS. Anything
contained elsewhere in this Code to the contra ry
notwithstanding, no major final or minor site
DEVELOPMENT PLAN may be accepted for concurrent
review with a preHminary SUBDIVISION. plat, however
approval shall be withheld until the preliminary
SUBDIVISION plat is approved except where no preliminary
SUBDIVISION plat is required under a minor SUBDIVISION.
Further, no final site DEVELOPMENT PLAN (whether minor
or final) shall be approved prior to approval of the final plat
by the board of commissioners, however, no BUILDING
permit will be issued until the plat is recorded, except for
DEVELOPMENT amenities such as club houses, swimming
pools, guard houses and the like, upon approval of the plat
by the board of county commissioners and pursuant to
submission of a site DEVELOPMENT PLAN, or a temporary
use permit as may be permitted by 5.04.04 of this Code.
e. Relationship to zoning and planned unit
DEVELOPMENTS. Anything contained elsewhere in this
Code to the contrary notwithstanding, no preliminary
SUBDIVISION plat shall be approved prior to final approval
of the zoning or planned unit DEVELOPMENT for the
proposed SUBDIVISION; provided, however, the zoning or
planned unit DEVELOPMENT application and the
preliminary SUBDIVISION plat may be processed
concurrently at the written request of the APPLICANT to the
County Manager or his designee.
f. Approval of improvement plans and final SUBDIVISION
plat required prior to DEVELOPMENT. Anything contained
elsewhere in this Code to the contrary notwithstanding, no
DEVELOPMENT shall be allowed pursuant to a preliminary
SUBDIVISION plat prior to the approval of improvement
plans and final SUBDIVISION plat submitted for the same or
portion thereof. Authorization to commence any
DEVELOPMENT prior to the completion of the provisions set
forth herein in sections 10.02.05 E. and 10.02.04 B.3. shall
be the subject of a preliminary work authorization as set forth
herein. A preliminary work authorization whose form and
legal sufficiency shall be approved by the county attorney
shall be submitted in the form established by the county
Page 68 of 235
attorney and shall be a legally binding agreement between
the APPLICANT and the county.
5. Integrated phased DEVELOPMENTS. A preliminary
SUBDIVISION plat application shall be submitted in accordance
with this section for any integrated phased DEVELOPMENT, unless
the integrated phased DEVELOPMENT is within an area which has
been previously approved as part of a preliminary SUBDIVISION
plat and the final SUBDIVISION plat thereof has been recorded.
Any individual phase of an integrated phased DEVELOPMENT
shall be reviewed in accordance with section 10.02.02 8.4.
6. Resubdivision. A preliminary SUBDIVISION plat (PSP)
application shall be submitted in accordance with this section for
the provision of required improvements for any resubdivision,
unless the resubdivision is of a LOT, PARCEL, tract or a like unit of
land which completely complies with all of the following criteria:
a. The LOT, PARCEL, tract or a like unit of land was
previously approved as part of a preliminary SUBDIVISION
plat application granted in accordance with the provisions of
this section for a principal property and is zoned for single-
family use in accordance with the provisions of Chapter 2.
b. The final SUBDIVISION plat and improvement plans for
the principal property's primary SUBDIVISION required
improvements, of which such property is a part thereof, have
been reviewed and approved, the final plat recorded and
preliminary acceptance granted for all required
improvements in accordance with sections 10.01.04 and
10.02.05, 10.02.05 E., and 10.02.04 8. 3.
c. No separate ENVIRONMENTAL IMPACT STATEMENT
(EIS) or supplement, amendment or update pursuant to
section 10.02.04 A.1.u. to an existing EIS for the property to
be resubdivided shall be required.
d. No endangered, threatened or listed species protection
issues pursuant to the provisions of section 3.04.01 are
present within the property which is the subject of the
resubdivision.
e. No additional substitutions from those granted for the
principal property's PSP of the design standards contained in
section 3.2.8.4 for the required improvements within the
resubdivision pursuant to the provisions of section 10.02.04
A.3. are required.
f. No portion(s) of the principal project's water management
system are required to be constructed within the property
subject to resubdivision.
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g. No greater than 50 single-family LOTS are created by the
resubdivision of the subject property.
Resubdivisions which comply with the provisions of items (a)
through (g) shall be exempt from the requirements,
standards and procedures for preliminary SUBDIVISION
plats (this section) but shall comply with all of the other
provisions of section 10.02.04 and 10.02.05 concerning
improvement plans, final SUBDIVISION plats and those
SUBDIVISION review procedures contained in sections
10.02.05 A through.10.02.05 C. inclusive.
8. Final plat requirements
1. Protected/preserve area and EASEMENTS. A nonexclusive
EASEMENT or tract in favor of Collier County, without any
maintenance obligation, shall be provided for all
"protected/preserve" areas required to be designated on the
preliminary and final SUBDIVISION plats or only on the final
SUBDIVISION plat if the APPLICANT chooses not to submit the
optional preliminary SUBDIVISION plat. Any buildable LOT or
PARCEL subject to or ABUTTING a protected/preserve area
required to be designated on the preliminary and final
SUBDIVISION plats, or only on the final SUBDIVISION plat if the
APPLICANT chooses not to submit the optional preliminary
SUBDIVISION plat, shall have a minimum 25-foot SETBACK from
the boundary of such protected/preserve area in which no principle
STRUCTURE may be constructed. Further, the preliminary and
final SUBDIVISION plats, or only on the final SUBDIVISION plat if
the APPLICANT chooses not to submit the optional preliminary
SUBDIVISION plat, shall require that no ALTERATION, including
ACCESSORY STRUCTURES, fill placement, grading, plant
alteration or removal, or similar activity shall be permitted within
such SETBACK area without the prior written consent of the
County Manager or his designee; provided, in no event shall these
activities be permitted in such SETBACK area within ten feet of the
protected/preserve area boundary. Additional regulations regarding
preserve SETBACKS and BUFFERS are located in Chapters 4
and 10, and shall be applicable for all preserves, regardless if they
are platted or simply identified by recorded conservation
EASEMENT.
The boundaries of all required EASEMENTS shall be dimensioned
on the final SUBDIVISION plat. Required protected/preserve areas
shall be identified as separate tracts or EASEMENTS having
ACCESS to them from a platted RIGHT-OF-WAY. No individual
residential or commercial LOT or PARCEL lines may project into
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them when platted as a tract. If the protected/preserve area is
determined to be jurisdictional in nature, verification must be
provided which documents the approval of the boundary limits from
the appropriate local, state or federal agencies having jurisdiction
and when applicable pursuant to the requirements and provisions
of the growth management plan. All required EASEMENTS or
tracts for protected/preserve areas shall be dedicated and also
establish the permitted u~,es for said EASEMENT(s) and/or tracts
on the final SUBDIVISION plat to Collier County without the
responsibility for maintenance and/or to a property owners'
association or similar entity with maintenance responsibilities. An
APPLICANT who wishes to set aside, dedicate or grant additional
protected preserve areas not otherwise required to be designated
on the preliminary SUBDIVISION plat and final SUBDIVISION
plats, or only on the final SUBDIVISION plat if the APPLICANT
chooses not to submit the optional preliminary SUBDIVISION plat,
may do so by grant or dedication without being bound by the
provisions of this section.
2. Improvement plans. The improvement plans for required
improvements which will be constructed within an existing
EASEMENT must illustrate the existing EASEMENT and existing
facilities, and the proposed EASEMENT and the proposed facilities.
Copies of the improvement plans shall be provided by the
APPLICANT to the holder of the EASEMENT(s) simultaneously
with its submission to the county.
The review and approval of improvement plans does not authorize
the construction of required improvements which are inconsistent
with existing EASEMENT(s) of record.
3. General requirements for final SUBDIVISION plats
a. Ten prints of the final SUBDIVISION plat shall be
submitted along with the improvement plans. No final
SUBDIVISION plat shall be approved unless the
improvement plans shall have been reviewed and accepted
by the County Manager or his designee.
b. The final SUBDIVISION plat shall conform to the
approved preliminary SUBDIVISION plat, if the APPLICANT
chose to submit a preliminary SUBDIVISION plat, pursuant
to section 10.02.05 A.5.. The final SUBDIVISION plat shall
constitute only that portion of the ~pproved preliminary
SUBDIVISION plat, if applicable, which the APPLICANT
proposes to construct within a finite period not to exceed 18
months. The improvements required by this section which
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apply to the final SUBDIVISION plat shall be completed
within 18 months from the date of approval of the final plat
unless prior to the 18-month construction period, a written
request for an extension in time not exceeding one year is
applied for and approved by the DEVELOPMENT services
administrator or his designee. The APPLICANT shall enter
into a construction and maintenance agreement with the
county, in a form acceptable to the county attorney, which
establishes the terms and conditions for the construction and
maintenance of the improvements required during the 18-
month construction period (unless a written extension
request is approved by the County Manager or his designee
prior to the expiration of the 18-month construction period),
whether the final plat is approved only or approved and
recorded with the posting of a SUBDIVISION performance
security. This agreement shall be submitted with the final plat
for review and approval and executed by all parties at the
time of final plat approval per section c. below.
c. At the time of submission of the final SUBDIVISION plat,
the APPLICANT shall submit a statement indicating whether
the required improvements are to be constructed prior to the
recording of the final SUBDIVISION plat or after recording
under SUBDIVISION performance security posted with the
county as provided for in this section. When the required
improvements are to be completed after recording under
guarantees as provided in this section, the final
SUBDIVISION plat upon submittal shall be accompanied by
the following:
d. An opinion of probable construction cost prepared by the
APPLICANT'S professional engineer, or the actual
contractor's bid, which includes the cost of all required
improvements.
e. SUBDIVISION performance security, as further described
herein, in an amount equal to 110 percent of the sum of
construction costs for all on-site and off-site required
improvements based on the APPLICANT'S professional
engineer's opinion or contract bid price. Where
improvements are to be constructed by a general-purpose
government such as a county or municipality, a local school
district, or state agency, no SUBDIVISION performance
security shall be required. SUBDIVISION performance
security shall be required of an independent special-purpose
government such as a community DEVELOPMENT district
(CDD). The SUBDIVISION performance security shall be in
one of the following forms:
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(1) Cash deposit agreement with the county.
(2) Irrevocable standby letter of credit.
(3) Surety bond.
(4) Escrow agreement with the first mortgagee of the entire
final SUBDIVISION plat.
(5) Funds held by the bond trustee for a community
DEVELOPMENT district which are designated for
SUBDIVISION improvements. The CDD shall enter into a
construction and maintenance agreement with the county in
a form acceptable to the county attorney. The construction
and maintenance agreement shall provide that (a) all permits
required for the construction of the required SUBDIVISION
improvements shall be obtained by the CDD prior to
recording of the plat, (b) the project as defined in the CDD's
bond documents must include the required SUBDIVISION
improvements and cannot be amended or changed without
the consent of the county, and (c) the developer shall be
required to complete the required improvements should the
COD fail to complete same.
f. After the final SUBDIVISION plat has been approved by
the County Manager or his designee for compliance with this
Code as provided in this section, the APPLICANT shall
resubmit five certified sets of the previously approved
improvement plans along with approved copies of all
required county, state and federal construction permits. The
APPLICANT'S professional engineer shall also submit a
digitally created construction/site plan documents, one disk
(CDROM) of the master plan file, including, where
applicable, EASEMENTS, water/WASTEWATER facilities,
and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data
shall be delivered in the state plane coordinate system, with
a Florida East Projection, and a North American Datum
1983/1990 (NAD83/90 datum), with United States Survey
Feet (USFEET) units; as established by a Florida registered
surveyor and mapper. All information shall have a maximum
dimensional error of +0.5 feet. Files shall be in a Digital
Exchange File (DXF) format; information layers shall have
common naming conventions (i.e. RIGHT -OF-WAY--ROW,
centerlines--CL, edge-of-pavement--EOP, etc.). For a plan to
be deemed complete, the layering scheme must be readily
understood by county staff. All property information
(PARCELS, LOTS, and requisite annotation) shall be drawn
on a unique information layer, with all linework pertaining to
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_._--
the property feature located on that layer. Example:
PARCELS-All lines that form the PARCEL boundary will be
located on one PARCEL layer. Annotations pertaining to
property information shall be on a unique layer. Example:
LOT dimensions--Lottxt layer. All construction permits
required from local, state and federal agencies must be
submitted to the County Manager or his designee prior to
commencing DEVELOPMENT within any phase of a project
requiring such permits.
g. Approval of. 'the final SUBDIVISION plat shall not
constitute acceptance of the dedicated facilities or areas.
Acceptance of any such dedicated facilities or areas and
responsibility for their maintenance shall be by separate
resolution of the board of county commissioners.
h. All conveyance instruments shall be in a form approved
by the county attorney prior to their submission to the board
of commissioners for acceptance. If requested by the County
Manager or his designee, the grantee shall provide, at no
cost to the county, a title opinion, or certificate in a form
promulgated by the Florida insurance commissioner, which
is in conformance with the county's procedures for acquiring
real property interests. No conveyance instrument shall be
recorded prior to recordation of the final SUBDIVISION plat
and formal acceptance of the conveyance by the board of
commissioners.
4. Final SUBDIVISION plat submission requirements. The final plat
shall be drawn on only standard size 24-inch by 36-inch sheets of
mylar or other approved material in conformance with F.S. ch. 177.
The final plat shall be prepared by a land surveyor currently
registered in the State of Florida and is to be clearly and legibly
drawn with black permanent drawing ink or a photographic silver
emulsion mylar to a scale of not smaller than one inch equals 100
feet. The final plat shall be prepared in accordance with the
provisions of F.S. ch. 177, as amended, and shall conform, at a
minimum, to the following requirements:
a. Name of SUBDIVISION. The plat shall have a title or
name acceptable to the County Manager or his designee.
When the plat is a new SUBDIVISION, the name of the
SUBDIVISION shall not duplicate or be phonetically similar
to the name of any existing SUBDIVISION. When the plat is
an additional unit or section by the same developer or
successor in title to a recorded SUBDIVISION, it shall carry
the same name as the existing SUBDIVISION and as
necessary a sequential numeric or alphabetic symbol to
denote and identify the new plat from the original plat. If the
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name of the SUBDIVISION is not consistent with the name
utilized for any zoning action for the subject property, a
general note shall be added to the plat cover sheet which
identifies the zoning action name and ordinance number
which approved such action.
b. Title. The plat shall have a title printed in bold legible
letters on each sheet containing the name of the
SUBDIVISION. The subtitle shall include the name of the
county and state; the section, township. and range as
applicable or if ina land grant, so stated; and if the plat is a
replat, amendment or addition to an existing SUBDIVISION,
it shall include the words "section," "unit," "replat, "
"amendment," or the like.
c. Description. There shall be lettered or printed upon the
plat a full and detailed description of the land embraced in
the plat. The description shall show the section, township
and range in which the lands are situated or if a land grant,
so stated, and shall be so complete that from it without
reference to the map the starting point can be determined
and the boundaries identified.
d. Index. The plat shall contain a sheet index on page 1,
showing the entire SUBDIVISION on the sheet indexing the
area shown on each succeeding sheet and each sheet shall
contain an index delineating that portion of the
SUBDIVISION shown on that sheet in relation to the entire
SUBDIVISION. When more than one sheet shall be used to
accurately portray the lands subdivided, each sheet shall
show the particular number of that sheet and the total
number of sheets included as well as clearly labeled match
lines to each sheet.
e. Survey data. The final plat shall comply with F.S. ch. 177,
and shall show the length of all arcs together with central
angles, radii, chord bearing, chord length and points of
curvature. Sufficient survey data shall be shown to positively
describe the boundary of each LOT, BLOCK, RIGHT-OF-
WAY, EASEMENT, required conservation or preserve area
and all other like or similar areas shown on the plat or within
the boundary of the plat as shown in the description. The
survey data contained on the plat shall also include:
i. The scale, both stated and graphically illustrated,
on each graphic sheet.
ii. A north arrow shall be drawn on each sheet that
shows the geometric layout and the configuration of
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-- -.
the property to be platted. The north direction shall be
at the top or left margin of the map where practicable.
Hi. The points of beginning and the commencement
shall be boldly shown for any metes and bounds
description.
iv. All intersecting STREET RIGHT -OF-WAY lines
shall be joined by a curve with a minimum radius of 25
feet.
v. All adjoining property shall be identified by a
SUBDIVISION title, plat book and page or if unplatted,
the land shall be so designated.
vi. Permanent reference monuments shall be shown
in the manner prescribed by F.S. ch. 177, as
amended, and shall be installed prior to recording of
the final plat.
vii. There shall be reserved a space in the upper right
hand corner of each sheet for the words "Plat Book
" and "Page " with the minimum
letter size of one-fourth inch. On the line directly
below, a space for "Sheet of "
viii. The map shall mathematically close and when
practical shall be tied to all section, township and
range lines occurring within the SUBDIVISION by
distance and bearing where applicable.
ix. The cover sheet or first page of the plat shall show
a location plan, showing the SUBDIVISION'S location
in reference to other areas of the county.
x. The minimum size for any letter or numeral shall
be one-tenth inch.
xi. All line and curve tables are to be shown on the
same sheet as the graphic drawing they relate to.
When possible, dimensions shall be shown directly on
the map.
xii. All final plats presented for approval shall clearly
indicate the finished elevation above NGVD of the
roads, the average finished elevation above NGVD of
the LOTS or homesites, and the minimum BASE
FLOOD ELEVATION above NGVD as required.
f. LOT and BLOCK identification. Each LOT, BLOCK, or
other like or similar PARCEL, however described, shall be
numbered or lettered. All LOTS shall be numbered or
lettered by progressive numbers or letters individually
Page 76 of 235
throughout the SUBDIVISION or progressively numbered or
lettered in each BLOCK, not necessarily starting with the
number "1" or letter "A." PARCELS and BLOCKS in each
incremental plat shall be numbered or lettered consecutively
throughout a SUBDIVISION. All PARCELS which constitute
a protected/preserve area shall be labeled as an
EASEMENT or tract. All protected/preserve area
EASEMENTS or ,tracts shall be dedicated on the final
SUBDIVISION plat to Collier County without the
responsibility for maintenance and to a property owners'
association or similar entity with maintenance responsibilities
pursuant to section the Collier County Construction
Standards Manual.
g. STREET names. The plat shall contain the name of each
STREET shown on the plat in conformance with the design
requirements of this section.
h. OUTPARCELS. All interior excepted PARCELS shall be
clearly indicated and labeled "Not a Part of this Plat."
i. RIGHTS-OF-WA Y and EASEMENTS. All RIGHT -OF-
WAY and EASEMENT widths and dimensions shall be
shown on the plat. All LOTS must have FRONTAGE on a
public or private RIGHT -OF-WAY in conformance with the
design requirements of this section.
j. Restrictions, reservations and restrictive covenants.
Restrictions pertaining to the type and use of water supply,
type and use of sanitary facilities; use, responsibility of
maintenance and benefits of water or water management
areas, canals, preserve and conservation areas, and other
OPEN SPACES; odd-shaped and substandard PARCELS;
restrictions controlling BUILDING lines; establishment and
maintenance of BUFFER strips and walls; and restrictions of
similar nature shall require the establishment of restrictive
covenants and the existence of such covenants shall be
noted on the plat by reference to official record book and
page numbers in the public records of Collier County.
Documents pertaining to restrictive covenants shall be
submitted with the final plat.
k. Private STREETS and related facilities. All STREETS and
their related facilities designed to serve more than one
property owner shall be dedicated to the public use; however
private STREETS shall be permitted within property under
single ownership or control of a property owners' association
a CONDOMINIUM or cooperative association or other like or
similar entity. Where private STREETS are permitted,
Page 77 of 235
ownership and maintenance association documents shall be
submitted with the final plat and the dedication contained on
the plat shall clearly dedicate the roads and maintenance
responsibility to the association without responsibility to the
county or any other public agency. The RIGHTS-OF-WAY
and related facilities shall be identified as tracts for roads
and other purposes under specific ownership. All private
STREETS shall be constructed in the same manner as
public STREETS and the submission of improvement plans
with required information shall apply equally to private
STREETS pursuant to the Collier County Construction
Standards Manual.
I. Certification and approvals. The plat shall contain, except
as otherwise allowed below, on the first page (unless
otherwise approved by the engineering services director and
office of the county attorney prior to submittal) the following
certifications and approvals, acknowledged if required by
law, all being in substantially the form set forth in appendix C
to this Code. The geometric layout and configuration of the
property to be platted shall not be shown on the page(s)
containing the certifications, approvals and other textual data
associated with the plat when practical.
i. Dedications. The purpose of all dedicated or
reserved areas shown on the plat shall be defined in
the dedication on the plat. All areas dedicated for use
by the residents of the SUBDIVISION shall be so
designated and all areas dedicated for public use,
such as parks, RIGHTS-OF-WAY, EASEMENTS for
drainage and conservation purposes and any other
area, however designated, shall be dedicated by the
owner of the land at the time the plat is recorded.
Such dedication and the responsibility for their
maintenance shall require a separate acceptance by
resolution of the board of county commissioners. No
dedications items shall be included in the general note
for the plat.
ii. Mortgagee's consent and approval. Identification of
all mortgages and appropriate recording information
together with all mortgagees' consents and approvals
of the dedication shall be required on all plats where
mortgages encumber the land to be platted. The
signature(s) of the mortgagee or mortgagees, as the
case may be, must be witnessed and the execution
must be acknowledged in the same manner as deeds
are required to be witnessed and acknowledged. In
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case the mortgagee is a corporation, the consent and
approval shall be signed on behalf of the corporation
by the president, vice-president or chief executive
officer. At the APPLICANT'S option, mortgagee's
consents do not have to be included on the p'lat to be
recorded, so long as they are provided as fully
executed and acknowledged separate instruments
along with the plat submittal.
Hi. Certification of surveyor. The plat shall contain the
signature, registration number and official seal of the
land surveyor, certifying that the plat was prepared
under his responsible direction and supervision and
that the survey data compiled and shown on the plat
complies with all of the requirements of F.S. ch. 177,
part I, as amended. The certification shall also state
that permanent reference monuments, "P.R.M.," have
been set in compliance with F.S. ch. 177, part I, as
amended, and this section, and that P.C.P.s and LOT
corners will be set under the direction and supervision
of the surveyor prior to final acceptance of required
improvements. Upon installation of the P.C.P.s, the
surveyor must submit to the County Manager or his
designee written certification that the installation work
has been properly completed. When required
improvements have been completed prior to the
recording of a plat, the certification shall state the
P.C.P.s and LOT corners have been set in
compliance with the laws of the State of Florida and
ordinances of Collier County. When plats are
recorded and improvements are to be accomplished
under performance security posted as provided for by
this section, the required improvements and
performance guarantee shall include P.C.P.s
iv. Signature block for board of county commissioners
and clerk of circuit court. The plat shall contain the
approval and signature block for the board of county
commissioners and the acknowledgement and
signature block of the clerk of circuit court.
v. Signature block for county attorney. The plat shall
contain the approval and signature block for the
county attorney.
vi. Evidence of title. A title certification or opinion of
title complying with 9 177.041, F.S., must be
submitted with the plat. The evidence of title provided
must state or describe: (1) that the lands as described
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..~--"- _._~. ...,,--
-,,_.
and shown on the plat are in the name, and record
title is held by the person, persons or organization
executing the dedication, (2) that all taxes due and
payable at the time of final plat recording have been
paid on said lands, (3) all mortgages on the land and
indicate the official record book and page number of
each mortgage. The evidence of title may, at the
APPLICANT'S discretion, be included on the first
page of the plat, so long as the information required
by section 17,7.041, F.S., and this paragraph is clearly
stated, an effective date is provided, and the
statement is properly signed.
vii. Instrument prepared by. The name, STREET and
mailing address of the natural person who prepared
the plat shall be shown on each sheet. The name and
address shall be in statement form consisting of the
words, "This instrument was prepared by (name),
(address)."
m. Location. The name of the section, township, range, and
if applicable city, town, village, county and state in which the
land being platted is situated shall appear under the name of
the plat on each sheet. If the SUBDIVISION platted is a
resubdivision of a part or the whole of a previously recorded
SUBDIVISION, the fact of its being a resubdivision shall be
stated as a subtitle following the name of the SUBDIVISION
wherever it appears on the plat.
n. Surveyor's seal. The surveyor of record shall SIGN and
seal copies of the plat submitted for approval.
o. Basis of bearings. The basis of bearings must be clearly
stated, i.e., whether to "True North," "Grid North" as
established by the NOS, "Assumed North," etc., and must be
based on a well-defined line.
p. Existing or recorded STREETS. The plat shall show the
name, location and width of all existing or recorded
STREETS intersecting or contiguous to the boundary of the
plat, accurately tied to the boundary of the plat by bearings
and distances.
10.02.05 Submittal Requirements for Improvements Plans
A. Procedures for improvement plans and final SUBDIVISION plat.
1. Initiation. Within two years after the date of written approval or
approval with conditions of the preliminary SUBDIVISION plat, the
Page 80 of 235
APPLICANT shall prepare and submit to the County Manager or
his designee the improvement plans and final SUBDIVISION plat
for at least the first phase of the proposed SUBDIVISION. Each
subsequent phase shall be submitted within two years after the
date of written approval of the final SUBDIVISION plat for the
immediately preceding phase of the proposed SUBDIVISION. Two
two-year extensions to submit the improvement plans and final
SUBDIVISION plat shall be granted for good cause shown upon
written application submi'tted to the County Manager or his
designee prior to expiration of the preceding approval. When
extending the preliminary SUBDIVISION plat approval, the County
Manager or his designee shall require the approval to be modified
to bring the project into compliance with any new provisions of
section 10.02.04 and 10.02.05 of this Code in effect at the time of
the extension request.
2. Review, determination and recommendation by County Manager
or his designee. After receipt of completed improvement plans and
final SUBDIVISION plat, the County Manager or his designee shall
review and evaluate the improvement plans in light of section
10.02.05 E., including the general requirements established in
section 10.02.05 E.1., the improvement plans submission
requirements established in section 10.02.05 8.2., the required
improvements established in section 10.02.05 E.3., and the design
requirements established in section 10.02.05 EA., and shall review
and evaluate the final SUBDIVISION plat in light of the final
SUBDIVISION plat requirements established in section 10.02.04
B.3. Based on the review and evaluation, the County Manager or
his designee shall approve, approve with conditions, or deny the
improvement plans. If the improvement plans are denied, then the
final SUBDIVISION plat shall not be submitted to the board of
county commissioners unless and until the improvement plans have
been approved or approved with conditions by the County Manager
or his designee. If the improvement plans are approved or
approved with conditions, the County Manager or his designee
shall recommend that the board of county commissioners consent
to, consent with conditions or deny the final SUBDIVISION plat.
The determinations regarding the improvement plans and the
recommendation regarding the final SUBDIVISION plat shall be in
writing. If the County Manager or his designee denies or places
conditions on the improvement plans or recommends denial or
conditions on the final SUBDIVISION plat, he shall state reasons
for such denial or conditions, or recommendation of denial or
conditions and shall cite the applicable code or regulatory basis for
the conditions of denial.
3. Consent to final SUBDIVISION plat by board of county
commissioners. Within 30 days after approval or approval with
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conditions of the improvement plans, the County Manager or his
designee shall submit his recommendation to the board of county
commissioners to consent to, consent to with conditions, or deny
the final SUBDIVISION plat. After receipt by the board of county
commissioners of the County Manager or his designee's
recommendation, the board of county commissioners shall place
the final SUBDIVISION plat on the consent agenda for its next
available regularly scheduled meeting. If all members of the board
of county commissioners consent to the recommendation of the
County Manager or his designee, then the recommendation of the
County Manager or his designee on the final SUBDIVISION plat
shall remain on the consent agenda and the final SUBDIVISION
plat shall be approved therewith. If any member of the board of
county commissioners objects to the recommendation of the
County Manager or his designee or otherwise requests discussion
on the recommendation, then the recommendation shall be taken
off the consent agenda and may be discussed or scheduled for a
subsequent hearing date. After due notice of the hearing to the
APPLICANT, the board of county commissioners shall hold a
hearing on the final SUBDIVISION plat. At the hearing, the board of
county commissioners shall consider the County Manager or his
designee's recommendation and shall take evidence and testimony
in regard to the final SUBDIVISION plat requirements set forth in
section 10.02.04 B.3. The board of county commissioners shall
approve, approve with conditions, or deny the final SUBDIVISION
plat. If the board of county commissioners denies or places
conditions on the final SUBDIVISION plat, it shall state reasons for
such denial or conditions.
4. Recordation of final SUBDIVISION plat.
a. General. No BUILDING permits for habitable
STRUCTURES shall be issued prior to approval by the
board of county commissioners and recordation of the final
SUBDIVISION plat.
b. Posting of SUBDIVISION performance security. Approval
of the final SUBDIVISION plat shall not entitle the final
SUBDIVISION plat to be recorded unless the required
improvements have been completed by or for the
APPLICANT and accepted by the county, or the required
SUBDIVISION performance security for the construction of
the required improvements, both on-site and off-site, has
been posted by the APPLICANT, in a format approved by
the county attorney, and approved and accepted by the
board of county commissioners or the County Manager or
his designee, or his designee, on behalf of the board. Once
the form of a SUBDIVISION performance security has been
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approved and accepted alternate securities, in a format
approved by the county attorney, may be approved by the
community DEVELOPMENT and environmental
administrator, or his designee, on behalf of the board.
c. Recordation procedure. After approval of the final
SUBDIVISION plat by the board of county commissioners,
but prior to the County Manager or his designee's recording
of the final SUBDIVISION plat with the clerk of the circuit
court, all of the following shall occur:
i. The APPLICANT shall obtain all of the signatures
on the original plat cover sheet(s) that are associated
with the APPLICANT'S obligations or that are
otherwise required (together with any separate
opinion of title or title certification, and any separate
mortgagee's consen.t( s)).
ii. The APPLICANT shall submit the original final
SUBDIVISION plat, and any separate consents, or
opinions or certifications of title, to the County
Manager or his designee after obtaining the
signatures required above. The County Manager or
his designee shall obtain all county related signatures
required on the final SUBDIVISION plat.
iii. Simultaneously with the submission of the fully
executed final SUBDIVISION plat to the County
Manager or his designee, the APPLICANT shall also
submit in accordance. with F.S. 9 177.041, at no
expense to the county, either a title opinion from a
licensed attorney authorized to practice in the State of
Florida complying with the standards for such
opinions as they may be promulgated from time to
time, or a title certification, as well as any required
documents supporting such title information, and any
such related documents as may be required by the
office of the county attorney.
The effective date of the title information must be no
more than 30 days prior to the submission of the final
SUBDIVISION plat to the County Manager or his
designee and must contain all of the following:
(a) A legal description of at least the lands
being platted;
(b) A statement that the attorney is licensed to
practice in the State of Florida and that the
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...---..-
"-_.
attorney has examined title to the subject real
property, if a title opinion is being provided;
(c) Identification of the exact name of any
person who is the record owner of the subject
real property and a specific citation to the
official records book and page, where each
record legal owner obtained title to the subject
real property. The title information shall have
attached thereto a copy of saidinstrument(s) of
conveyance; and
(d) Identification of liens, encu mbrances,
EASEMENTS, or matters shown or that should
be shown as exclusions to coverage on a title
insurance policy. As may be applicable, the
title information shall include in a neatly bound
fashion, and make citation to the recording
information of, all referenced liens,
encumbrances, EASEMENTS, or exclusions.
The title information shall have attached
thereto a copy of any such instruments.
iv. Payment of recording and copy fees. The
recording and copy fees specified in this section must
be verified as correct and paid by the APPLICANT.
Upon verification and payment, the County Manager
or his designee shall record the final SUBDIVISION
plat with the clerk of the circuit court in the official
records of Collier County, Florida, and then proceed
to produce three copies and one mylar of the
recorded final SUBDIVISION plat and accompanying
documents which are required for the clerk of the
circuit court.
v. Recording of other documents. If any dedications,
grants, conveyances, EASEMENTS, consents
(including mortgagee consents ), reservations,
covenants, or other like instruments are to be
recorded simultaneously with the final SUBDIVISION
plat, appropriate fees and original documentation
must be provided to the County Manager or his
designee for processing and recording by the clerk of
court prior to, or simultaneously with, the recording of
the final SUBDIVISION plat.
vi. Additional copies. If the' APPLICANT or its
professional surveyor or engineer of record wishes to
obtain additional copies or mylars of the recorded
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document(s) at the time of recording, arrangements
shall be made through the engineering services
director and coordinated with the transportation
services division prior to recording and payment of
fees.
vii. Completion of improvements. The reqL'dred
improvements shall be completed prior to recordation
of the final SUBDIVISION plat unless the
APPLICANT shall file with the county a
SUBDIVISION performance security in a manne rand
form prescribed in this section to assure the
installation of the required improvements.
viii. Supporting "gap" title information. Within 60 days
of recordation of the final SUBDIVISION plat in the
official records of Collier County, Florida, the
APPLICANT, at no expense to the county, shall
submit to the County Manager or his designee final
supporting "gap" title information in order to induce
the Collier County board of county commissioners to
conduct final acceptance of the SUBDIVISION
improvements as required by this section. The final
supporting title information must meet all of the
requirements of 3.c., above, except as to effective
date. Receipt and approval of the "gap" title
information is a condition precedent to acceptance of
SUBDIVISION improvements.
The effective date of the supporting "gap" title
information must be through the date of recordation of
the final SUBDIVISION plat and must, at a minimum,
cover the "gap" between the time the effective date of
the information required by 3.c., above when
submitted and the date and time of recording of the
final plat, and additionally such title information must
identify and provide copies of any recorded
documentation of the holders of any estates, liens,
encumbrances or EASEMENTS not properly included
or joined in the dedication or consents on the final
SUBDIVISION plat. The supporting "gap" title
information must have attached thereto a copy of any
required instruments not previously provided in
connection with submittals for the final plat's
recording.
ix. After approval for recording by the board, but prior
to recordation of the final SUBDIVISION plat, the
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----,.- ~~-_.."_.. - . - .._~,,~.,-~--...
DEVELOPMENT services administrator may approve
of minor or insubstantial changes to the final plat.
5. Relationship and amendments to preliminary SUBDIVISION
plat. The improvement plans and final SUBDIVISION plat shall be
consistent with the preliminary SUBDIVISION plat, if the
APPLICANT chose to submit a preliminary SUBDIVISION plat. Any
amendment to the approved preliminary SUBDIVISION plat desired
by the APPLICANT shall be reviewed and determined to be
acceptable by the County Manager or his designee prior to the
processing of the improvement plans and final SUBDIVISION plat.
The County Manager or his designee shall have the authority to
approve amendments to the approved preliminary SUBDIVISION
plat provided those amendments are based on generally accepted,
sound, professional engineering principles and practices in the
state. Requests for amendments shall be in writing in the form of an
amended preliminary SUBDIVISION plat and shall provide clear
and convincing docu mentation and citations to professional
engineering studies, reports or other generally accepted
professional engineering services in the state to substantiate the
amendment requested.
6. Model sales centers, model homes, review and determination.
As provided for within section 5.04.04, Temporary use permits.
B. Construction of required improvements.
1. Construction specifications. Construction specifications shall be
those prescribed in the design requirements of this section, those
prescribed by the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, as amended,
where applicable as approved by the County Manager or his
designee, and those contained in the approved technical
specifications prepared by the APPLICANT'S professional
engineer for each SUBDIVISION or DEVELOPMENT which may
amend or supersede FDOT standards on a project by project basis.
2. Administration of construction. After approval of the final
SUBDIVISION plat and improvement plans, and upon posting of
the SUBDIVISION performance security when required, the
APPLICANT shall construct the required improvements subject to
obtaining and submitting to the County Manager or his designee all
required federal, state and local DEVELOPMENT ORDERS and
permits. The County Manager or his designee shall be notified in
writing at least 48 hours in advance of the date of commencement
of such construction. Construction shall be. performed under the
general direction and observation of, and shall at all times be
subject to, review by the County Manager or his designee;
however, this in no way shall relieve the APPLICANT of the
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responsibility for final compliance with the approved improvement
plans and all of the requirements of this section. Final certification
of the construction of the required improvements from the
APPLICANT'S professional engineer shall be filed with the County
Manager or his designee. Construction observation is required to
observe that the required improvements have been installed in
compliance with the approved improvement plans.
3. Observation of construction. The APPLICANT shall have the
professional engineer or engineer's representative make periodic
site visits at intervals appropriate to the various stages of required
improvement construction to observe the contractor's compliance
with the approved plans and specifications. At the time of
preliminary acceptance, the APPLICANT'S professional engineer
shall submit a completion certificate for those required
improvements completed. The completion certificate shall be based
on information provided by the project surveyor and the engineer's
own observations. The completion certificate shall not be based on
"information provided by the contractor". Any discrepancy shall be
resolved to the satisfaction of the engineering services director prior
to preliminary acceptance of the improvements.
4. Construction schedule. Upon approval by the County Manager
or his designee of the improvement plans and prior to the
commencement of construction of the required improvements, a
preconstruction meeting shall be conducted. The preconstruction
meeting shall be conducted by the owner and attended by
representatives of the county, utility companies, the APPLICANT'S
professional engineer of record, the contractor and the developer.
At the preconstruction meeting, a schedule of construction and
copies of all applicable state and federal permits shall be provided
to the County Manager or his designee. At least 48 hours' written
notice shall be provided for scheduling the preconstruction meeting
with the County Manager or his designee. Should any construction
commence on a project prior to the preconstruction meeting, the
County Manager or his designee shall have the right to require
partial or full exposure of all completed work for observation,
inspection and verification that it was installed in accordance with
the approved improvement plans. All required improvements
constructed in proposed roadway areas shall be completed in
accordance with the approved improvement plans prior to
proceeding with the stabilization of the roadway subgrade.
Installation of improvements which would complicate corrective
work on the required improvements shall be considered in
scheduling all adjoining or related phases of the construction. The
County Manager or his designee shall be notified within 24 hours,
with written follow-up, of any problems and conflicts with the actual
construction of required improvements as compared to the
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-"--~ "----
completion of the required improvements in substantial compliance
with the approved improvement plans.
All segments of the underground utility and water management
facilities that lie beneath the pavement shall be completed,tested,
and found to be in conformance with the approved improvement
plans prior to the installation of pavement. All provisions associated
with any water and sewer facilities construction shall be in
compliance with the requirements of Collier County Ordinance [No.]
88-76 [Code ch. 134, art. Jill. as amended, and all other applicable
federal, state and local regulations and laws.
5. Construction inspections by the engineering services director.
Upon approval of the improvement plans by the engineering
services director, the APPLICANTS' professional engineer of
record shall be provided with a list of standard inspections which
require the presence of the engineering services .director.
Notification of all required inspections shall be contained in the
approval letter for the DEVELOPMENT. Based on the scheduling
and progress of construction, the APPLICANT shall be responsible
to notify the engineering services director prior to the time these
inspections are required. At least 48 hours' notice shall be provided
to the engineering services director to allow scheduling of an
inspection. Verbal confirmation of inspection time or a request for
rescheduling will be made by the engineering services director on
each notification made.
All required inspections as noted in the Collier County Utilities
Standards and Procedures Ordinance No. 97-17, section 9.4.2
shall require notice to the engineering services director. Also, the
engineering services director shall be notified at the following
stages of construction: Prior to any paving or concrete work
associated with roads or SIDEWALKS.
From time to time, the engineering services director shall inspect
the progress of construction. Should special inspections be
required they shall be coordinated through the APPLICANT.
The foregoing notwithstanding, routine spot inspections by the
engineering services director may be carried out without notice on
all construction to ensure compliance with the approved
improvement plans. During the on-site inspection process, if the
engineering services director finds construction in progress which
does not comply with the procedures, policies and requirements
contained in this section or the approved improvement plans, he
shall have the full authority to issue a sto'p work order for the
portion of the work not in compliance. If a stop work order is issued,
it shall remain in full effect with respect to the defective work until
Page 88 of 235
such time as the documented discrepancies have been corrected to
the full satisfaction of the engineering services director.
6. Design modification. Deviations from the approved improvement
plans due to field related conditions or circumstances shall be
submitted via the APPLICANT and approved by the County
Manager or his designee. Initial contact with the County Manager or
his designee may be by verbal contact whereby a County Manager
or his designee's field representative may recommend approval to
the DSD based on a field inspection of the deviation and based on
its equivalency to the approved design. However, if required by the
County Manager or his designee, a detailed written description of
the proposed deviations or requested design modifications, the
reasons for the deviations or modification, and revised
improvement plans shall be submitted to the County Manager or his
designee for approval. The County Manager or his designee may
require written approval for specific deviations or modifications to
be issued by him before construction of those items may
commence.
7. Measurements and tests. After construction, the APPLICANT'S
professional engineer of record shall submit a report to the County
Manager or his designee which documents the dates of inspection,
all measurements, field tests, laboratory tests and observations
required to be performed during the construction.
8. Expiration. All required improvements associated with the
construction and maintenance agreement shall be completed within
18 months from the date of recording of the final SUBDIVISION
plat, or, if construction of required improvements is undertaken prior
to recording the final SUBDIVISION plat, within 18 months from the
date of approval of the final SUBDIVISION plat by the board of
county commissioners. If improvements are not completed within
the prescribed time period and a SUBDIVISION performance
security has been submitted, the engineering review director may
recommend to the board that it draw upon the SUBDIVISION
performance security or otherwise cause the SUBDIVISION
performance security to be used to complete the construction,
repair, and maintenance of the required improvements. All of the
required improvements shall receive final acceptance by the board
of county commissioners within 36 months from the date of the
original board approval. The developer may request a one-time,
one-year extension to receive final acceptance of the
improvements.
9. County completion of required improvements. When a final
SUBDIVISION plat has been recorded and the APPLICANT fails to
complete, repair, or maintain the required improvements as
required by this section, the board of county commissioners may
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... ~~. ~.
authorize and undertake completion, repair, and maintenance of
the required improvements under the SUBDIVISION performance
security provided by the APPLICANT. If no sale of LOTS or
issuance of BUILDING permits has occurred, the board of county
commissioners may declare all approvals for the SUBDIVISION
and all documents for the SUBDIVISION to be null and void;
provided, any vacations of plat shall be in accordance with F.S. ch.
177. In such case, the board of county commissioners shall direct
the County Manager or his designee to call upon the SUBDIVISION
performance security to secure satisfactory completion, repair, and
maintenance of the required improvements, to make his best efforts
to restore the property to its predevelopment condition, or to
otherwise take action to mitigate the consequences of the failure to
complete, repair, or maintain the required improvements. Upon the
completion of the required improvements, the County Manager or
his designee shall report to the board of county commissioners and
the board shall accept by resolution the dedication and
maintenance responsibility as indicated on the final SUBDIVISION
plat. In such case, the remaining SUBDIVISION performance
security posted by the APPLICANT shall be retained for the
warranty period between preliminary and final acceptance in lieu of
the required maintenance agreement and SUBDIVISION
performance security to provide funds for any repairs, maintenance,
and defects occurring during this warranty period.
10. Failure to complete unrecorded SUBDIVISION. Where an
APPLICANT has elected to construct, install, and complete the
required improvements prior to recordation of the final
SUBDIVISION plat and fails to complete such improvements within
the time limitations of this section, all approvals for the
SUBDIVISION shall be null and void. No reference shall be made
to the preliminary SUBDIVISION plat or the final SUBDIVISION plat
with respect to the sale of LOTS or issuance of BUILDING permits,
unless and until the preliminary and final SUBDIVISION plats have
been resubmitted with all of the supplementary documents and
material, and all approvals required in this section have been
granted. Under these circumstances, the APPLICANT shall be
required to compensate the county through the payment of new
review and inspection fees, as though the DEVELOPMENT were
being submitted for its initial review and approval.
C. Completion, approval and acceptance of required improvements
1. General. The required improvements constructed under the
policies, procedures, guidelines, and requirements established in
this section shall be approved and accepted by the board of county
commissioners as prescribed in this section. All applicable
completed water and sewer facilities shall simultaneously be
Page 90 of 235
conveyed to Collier County, or to Collier County Water-Sewer
District or its dependent water-sewer districts, where appropriate, or
the appropriate water-sewer district in conformance with the
provisions of Collier County Ordinance No. 88-76 [Code ch. 134,
art. III], as amended. All roadway improvements intended to be
turned over to Collier County for operation and maintenance shall
provide a checklist for public road acceptance, along with all
required information, priqr to any such acceptance. This section
describes the policies,. procedures and data required to obtain
approval and acceptance of all required improvements constructed.
2. Acceptance of required improvements. Upon completion of all
required improvements contained in the approved improvement
plans, the required improvements shall be preliminarily approved by
the county administrator or his designee. All water and sewer
facilities approved and accepted in this fashion and required to be
maintained by Collier County shall be conveyed to the county
pursuant to the provisions set forth in Collier County Ordinance No.
88-76 [Code ch. 134, art. III], as amended. A maintenance
agreement and the posting of SUBDIVISION performance security
for the maintenance of the required improvements shall be req~ired
prior to the preliminary approval of the completed required
improvements.
3. Procedures for acceptance of required improvements. The
APPLICANT shall submit the following data, certifications,
inspections and documents for review and approval by the site
DEVELOPMENT review director prior to the county administrator,
or his designee denying, granting, or granting with conditions
preliminary approval of any completed required improvements and
prior to authorizing the site DEVELOPMENT review director to
issue any BUILDING permits, except as provided for in section
10.02.04 A.4.d. of this Code, for STRUCTURES to be constructed
within a SUBDIVISION or DEVELOPMENT, where the developer
has chosen to construct the improvements prior to recording of the
plat.
a. Maintenance agreement and SUBDIVISION performance
security. The APPLICANT shall execute a maintenance
agreement guaranteeing the required improvements against
defect in workmanship and material for the period beginning
upon preliminary acceptance of all completed required
improvements by the board of county commissioners and
ending upon final acceptance of the required improvements.
The maintenance agreement shall ~e submitted to the
County Manager or his designee along with the completion
certificate, DEVELOPMENT records and SUBDIVISION
performance security for maintenance of the required
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..~-
improvements in an amount equal to ten percent of the cost
of required improvements. The SUBDIVISION performance
security shall be in a form established by the County
Manager or his designee from time to time and as shown in
appendix A. The maintenance agreement and security shall
be approved by the county attorney prior to acceptance by
the board of county commissioners.
b. Acceptance of dedication and maintenance of
improvements. The dedication of public spaces, parks,
RIGHTS-OF-WAY, EASEMENTS, or required improvements
shall not constitute an acceptance of the dedication by the
county. The acceptance of the dedication shall be indicated
by a resolution adopted by the board of county
commissioners indicating that the APPLICANT has attested
that all required improvements meet or exceed the standards
established by this section. Such resolution shall be
prepared by the County Manager or his designee after all of
the procedures and requirements for preliminary acceptance
of the required improvements have been met to the
satisfaction of the County Manager or his designee.
c. Completion certificate, record improvement plans and
supportive documents. The required improvements shall not
be considered complete until a statement of substantial
completion by the APPLICANT'S professional engineer of
record along with the final DEVELOPMENT records have
been furnished to, reviewed and approved by the County
Manager or his designee for compliance with this section.
The APPLICANT'S professional engineer of record shall
also furnish one set of record improvement plans on a mylar
or other similar acceptable material, with a minimum of two
mil thickness, and two sets of certified prints acceptable to
the County Manager or his designee, showing the original
design in comparison to the actual finished work. The mylars
shall be labeled as record drawings on each sheet prior to
printing of the required sets of prints. The APPLICANT'S
professional engineer shall also submit digitally created
construction/site plan documents, one disk (CDROM) of the
master plan file, including, where applicable, EASEMENTS,
water/WASTEWATER facilities, and stormwater drainage
system. The digital data to be submitted shall follow these
formatting guidelines: All data shall be delivered in the state
plane coordinate system, with a Florida East Projection, and
a North American Datum 1983/1990 (NAD83/90 datum), with
United States Survey Feet (USFEET) units; as established
by a Florida registered surveyor and mapper. All information
shall have a maximum dimensional error of +0.5 feet. Files
Page 92 of 235
shall be in a Digital Exchange File (DXF) format; information
layers shall have common naming conventions (i.e. RIGHT-
OF-WAY --ROW, centerlines--CL, edge-of-pavement--EOP,
etc.). For a plan to be deemed complete, the layering
scheme must be readily understood by county staff. All
property information (PARCELS, LOTS, and requisite
annotation) shall be drawn on a unique information layer,
with alllinework pertaining to the property feature located on
that layer. Example: PARCELS--AII lines that form the
PARCEL boundary will be located on one PARCEL layer.
Annotations pertaining to property information shall be on a
unique layer. Example: LOT dimensions--Lottxt layer. In
addition, a copy of applicable measurements, tests and
reports made on the work and material during the progress
of construction must be furnished. The record construction
data shall be certified by the APPLICANT'S professional
engineer and professional land surveyor and shall include
but not be limited to the following items which have been
obtained through surveys performed on the completed
required improvements:
i. Roadway centerline elevations at all intersections
and at a minimum at all points of vertical intersection
(PVI) along the roadway.
ii. Invert and inlet elevations of all water management
STRUCTURES, including catch basins, all junction
boxes, headwalls, inlets, and the like.
iii. All record drawing data for water and sewer
facilities pursuant to the provisions of section 10.4 of
the Collier County Utilities Standards and Procedures
Ordinance No. 97-17, as amended.
iv. Centerline inverts on all open swales at high and
low points and at 100-foot stations along centerline.
v. The following data shall be submitted in report
form for the acceptance of STREETS, roadways,
ALLEYS or the like for maintenance purposes:
(a) Name of SUBDIVISION, BLOCK, plat
book and page of recording.
(b) Name of each STREET proposed to be
accepted for maintenance purposes.
(c) The beginning and ending point for each
STREET proposed to be accepted.
(d) The centerline length of for [sic] each
STREET proposed to be accepted.
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(e) The number of lanes for each STREET
proposed to be accepted.
d. Final release of lien from contractor(s). The APPLICANT
shall provide to the county a copy of the final release of lien
from any utility/roadway contractor(s).
4. Recordation of final SUBDIVISION plat required. If the final
SUBDIVISION plat has not been previously recorded in
conformance with the required review and approval process
established in this section, the original approved final
SUBDIVISION plat, with all required signatures, other than those
from Collier County, shall be submitted for recordation at the time of
preliminary acceptance of required improvements.
5. Inspections. Preliminary and final inspections of all required
improvements satisfactory to the county shall be required.
Preliminary inspection of the completed required improvements
shall be required prior to any conveyance to or acceptance by the
board of county commissioners of any required improvements and
the granting of preliminary acceptance. During preliminary
inspection, the required improvements will be checked for
compliance with the approved improvement plans. In addition,
revisions or deviations from the approved improvement plans shall
be identified and explained in writing by the APPLICANT'S
professional engineer of record. All required improvements shall be
in full compliance with the approved improvement plans and record
improvement plans prior to submission to the board.
The final inspection shall be conducted no earlier than one year
after preliminary approval of the required improvements by the
county administrator or his designee. During final inspection the
required improvements will be examined for any defect in materials
and workmanship and for physical and operational compliance with
the record improvement plans. See paragraph (7) below regarding
the procedure required to obtain final acceptance of the required
improvements.
6. Preliminary approval. Upon satisfactory completion of the
required improvements, as evidenced by the compliance with
paragraphs (1) through (5) of this section, the County Manager or
his designee shall, if in agreement, certify that the APPLICANT has
complied with all of the provisions of this section. Upon such
recommendation from the County Manager or his designee, the
county administrator or his designee shall preliminarily approve the
required improvements, establish the . responsibilities for
maintenance of the completed improvements through the execution
with the APPLICANT of a maintenance agreement and the posting
of a SUBDIVISION performance security for maintenance of
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required improvements in an amount equal to ten percent of the
sum of the construction costs for all on-site and off-site required
improvements based on the APPLICANT's engineer's opinion of
probable construction costs or contract bid price and grant
preliminary approval of the completed required improvements. The
date of this action shall designate the commencement of the
required maintenance period pursuant to paragraph (3) of this
section. Until preliminary approval is granted, final certificates of
occupancy shall not bei'ssued by the County Manager or his
designee.
7. Final approval and acceptance. The APPLICANT shall petition
the County Manager or his designee to finally approve the
improvements. Upon expiration of the minimum one-year
maintenance period and after satisfactory completion of all final
inspections, the board shall adopt a resolution giving final approval
of the final improvements, acknowledging the dedication(s) of the
final SUBDIVISION plat and establishing county responsibility for
maintenance of the required improvements if it is the board's desire
to accept and maintain the facilities. The board has no obligation to
accept maintenance responsibilities for any facilities dedicated to
public use, pursuant to F.S. ~ 177.081. The County Manager or his
designee shall notify the APPLICANT in writing that final approval
of the required improvements and applicable acceptance of the
facilities has been granted, notify all affected county agencies of
their final maintenance responsibilities, and instruct the clerk of the
court to return the remaining maintenance security held by the
county.
8. Conditional final acceptance. At the discretion of the engineering
review director, a developer may apply for a conditional final
acceptance. The conditional final acceptance may occur when the
required SUBDIVISION improvements, with the exception of the
final lift of asphalt, and in certain cases, portions of the
SIDEWALK(S) have received a satisfactory final inspection. The
developer shall provide a performance security in the amount of
150 percent of the estimated cost of the remaining improvements.
Additionally, the developer shall provide a letter to the engineering
review director, which confirms the developer's intent to complete
all of the remaining improvements within a 12-month time period.
Additional one-year extensions may be approved by the
engineering review director.
D. Vacation and annulment of SUBDIVISION plats. Vacation and
annulment of a SUBDIVISION plat shall be in aCGordance with F.S. S
177.101, as amended.
E. Improvement Plan Requirements
Page 95 of 235
1. General requirements. Improvement plans for all of the
improvements required by this section shall be prepared, signed,
and sealed by the APPLICANT'S professional engineer. A
minimum of five sets of improvement plans shall be submitted to
the County Manager or his designee and shall include, but not be
limited to, construction drawings, written technical specifications,
the professional engineer's opinion of probable cost to construct the
required improvements, design computations, all necessary
supportive documentation, and any other information set forth in
this section. The improvement plans and other required
submissions shall be so complete that from them a thorough review
and analysis may be made. The improvement plans shall be
transmitted under one cover for the following improvements, where
applicable:
a. STREETS, paving, grading, and water management
(drainage);
b. Bridges;
c. Water and sewerage systems, including, where
applicable, water reuse/irrigation pumping, storage and
transmission/distribution systems; and
d. STREET lighting, landscaping within public RIGHTS-OF-
WAY, parks, recreational areas and parking areas. Plans for
streetlights shall bear the approval of the requisite utility
authorities involved. If the STREET lighting system is to be
privately owned and maintained by a property owners'
association or similar entity, it shall be designed by the
APPLICANT'S engineer.
2. Improvement plans submission requirements. The improvement
plans shall be prepared on 24-inch by 36-inch sheets and well as
being digitally created on one or more CDROM disks. All data shall
be delivered in the North American Datum 1983/1990 (NAD83/90)
State Plane coordinate system, Florida East Projection, in United
States Survey Feet units; as established by a Florida Professional
Surveyor & Mapper in accordance with Chapters 177 and 472 of
the Florida Statutes. All information shall meet Minimum Technical
Standards as established in Chapter 61 G 17 of the Florida
Administrative Code. Files shall be in a Digital Exchange File (DXF)
format; information layers shall have common naming conventions
(i.e. RIGHT-OF-WAY - ROW, centerlines - CL, edge-of-pavement-
EOP, etc.)
a. A cover sheet, including a location plan.
b. Improvement plans, design reports and specifications
detailing/showing complete configurations of all required
Page 96 of 235
improvements including, but not limited to, all water, sewer,
roads, water management systems, and all appurtenant
facilities, public or private. The complete calculations used to
design these facilities shall be included with the
improvement plans. If the DEVELOPMENT is intended to be
in phases, each phase boundary shall be clearly delineated.
c. A detailed water management plan in accordance with
the master water' management plan approved in the
preliminary SUBDIVISION plat, if the APPLICANT chose to
submit a preliminary SUBDIVISION plat, showing the
complete water management system including, but not
limited to, closed drainage areas, design high water,
recurring high water, acreage, a complete LOT grading plan
with final grading elevations, surface runoff flow patterns,
and companion drainage EASEMENTS consistent with the
final SUBDIVISION plat pursuant to section 10.02.04 B.3. to
be utilized by the APPLICANT, his successors or assigns
during the BUILDING permitting and site improvement
process for all LOTS consistent with the Collier County
BUILDING Code, and the COMPATIBILITY of drainage of
surface waters into ADJACENT or larger water management
systems. If the APPLICANT chooses not to submit a
preliminary SUBDIVISION plat, the information requested
must still be included on the final SUBDIVISION plat. The
complete calculations used to design the system shall be
provided for projects 40 acres or less. For projects greater
than 40 acres or where the water management system will
utilize WETLANDS for water management, the APPLICANT
shall initially provide with the submission the SFWMD
construction permit submittal. Prior to approval the
APPLICANT shall provide the staff report and early work
permit or construction permit.
d. Typical design sections (e.g., roadway cross sections)
and summary of quantities and sizes of required
improvements.
e. Construction details showing compliance with applicable
federal, state and local standards.
f. Plan and profile sheets, showing roads, water, sewer,
conflict crossings, drainage and other unique situations.
g. A clearing plan for those areas where improvements are
to be constructed, with a maximum limit of ten feet beyond
any approved RIGHTS-Of-WAY line or five feet beyond any
EASEMENT line, unless otherwise approved by the County
Manager or his designee pursuant to section 10.02.04 A.3.
Page 97 of 235
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h. Benchmark, based on NOAA datum (NGVD).
i. Soil analysis, showing the locations and results of test
borings of the subsurface condition of the tract to be
developed.
j. The improvement plans and attachments shall address
special conditions pertaining to the SUBDIVISION in note
form on the improvement plans, including statements
indicating:
i. Required compliance with special conditions of this
section.
ii. Where applicable, required compliance with
federal, state and local standards as currently
adopted.
iii. Source of water and sewer service.
iv. Required installation of subsurface construction
such as water lines, sewer lines, public utilities and
storm drainage prior to compaction of subgrade and
roadway construction.
k. Detailed written technical specifications for all
improvements required shall be submitted in a separate
bound document, signed, and sealed by APPLICANT'S
professional engineer.
I. All DEVELOPMENT ORDERS, DEVELOPMENT permits
and construction permits (i.e., DEVELOPMENT ORDERS or
permits issued by local, state or federal agencies) which
require approval or signature by a county official, with the
appropriate number of copies, shall be submitted with the
improvement plans.
m. Detailed hydraulic design calculations utilized to design
the water and sewer facilities regulated by the county and
water management facilities for the SUBDIVISION or
DEVELOPMENT.
n. The final SUBDIVISION plat, prepared in conformance
with the approved preliminary SUBDIVISION plat, if the
APPLICANT chose to submit a preliminary SUBDIVISION
plat, and the final SUBDIVISION plat requirements
contained in section 10.02.04 B.3., pursuant to the
provisions of section 10.02.05 A.2..
o. Status of all other required permits including copies of
information and data submitted to the appropriate permitting
agencies.
Page 98 of 235
p. Factual information and data relating to previous zoning
actions affecting the project site.
q. A soil erosion and sediment control plan pursuant to this
chapter.
r. Upon re-submittal of construction plans and plats, the
engineer shall identify all revisions to the construction plans
by lettering or numbering; the surveyor shall identify all
revisions to the plat by highlighting the current revisions. The
APPLICANT shall also provide a written response to the
county's comments, responding to each comment
individually.
3. Required improvements. The following improvements in this
section are required in conjunction with the SUBDIVISION and
DEVELOPMENT of any and all property pursuant to section
10.02.03 within the unincorporated areas of Collier County. The
required improvements shall be completed prior to recordation of
the final SUBDIVISION plat unless the APPLICANT shall file with
the county a SUBDIVISION performance security in one of the
forms prescribed in this section to assure the installation of the
required improvements. Any required improvements shall be
designed and constructed in accordance with the design
requirements and specifications of the entity having responsibility
for approval, including all federal, state, and local agencies. Where
approval of a final SUBDIVISION plat and improvement plans will
lead to the LEVEL OF SERVICE for any public facility being
reduced below the level established by the growth management
plan for Collier County, the county shall deny approval to proceed
with DEVELOPMENT until the requirements of the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. 11/] or its
successor in function are met.
a. ACCESS to public roads. The STREET system of a
SUBDIVISION approved pursuant to this section shall be
connected to a public road, which is state or county
maintained, with adequate capacity as defined by the growth
management plan to accept the traffic volumes generated by
the proposed DEVELOPMENT. Unless topography, or a
compliance with the county's ACCESS Control Policy
(Resolution No. 01-247) as may be amended, or the Collier
County Construction Standards Manual prohibits it, the
number of ACCESS points to public roads shall ensure that
there are no more than 4,000 AVERAGE DAILY TRIPS
(ADT) per ACCESS point (existing or future). The maximum
number of ACCESS points required by this section shall be
six. Proposed DEVELOPMENTS accessing public roads
shall be subject to the requirements of the Collier County
Page 99 of 235
"--
--
Adequate Public Facilities Ordinance. The connection of any
property to a public or private road shall be carried out in
conformance with Collier County Ordinance No. 82-91, as
amended.
b. ALLEYS. ALLEYS may be provided in industrial,
commercial and residential SUBDIVISIONS. ALLEYS may
be for one-way or two-way traffic. ALLEYS for one-way
traffic only shall have the appropriate directional and
instruction signage installed. ALLEYS shafl be utilized for
secondary ACCESS unless otherwise provided in this Code.
c. Bridges and culverts. Where a SUBDIVISION or
DEVELOPMENT includes or requires ACCESS across
canals, watercourses, lakes, streams, waterways, channels,
or the like, bridges or culverts shall be provided to implement
the proposed STREET system. The bridge or culvert design
shall be prepared by a professional engineer.
d. Canals. Any canal which forms a part of the public water
management system shall be dedicated for care and
maintenance per the requirements of the governmental
agency which has jurisdiction. Canals located entirely within
the SUBDIVISION and which do not form a part of the public
water management system shall be dedicated to the public,
without the responsibility for maintenance, as a drainage
EASEMENT. A maintenance EASEMENT, of a size
acceptable to the County Manager or his designee or other
governmental agency with maintenance responsibility, shall
be provided ADJACENT to the established drainage
EASEMENT, or the drainage EASEMENT created must be
of a size suitable for the proposed canal and its
maintenance.
e. Drainage (water management). An adequate water
management system, including necessary open swales,
ditches, storm sewers, drain inlets, manholes, headwalls,
endwalls, culverts, bridges, retention basins, water level
control STRUCTURES and other appurtenances shall be
required in all SUBDIVISIONS or DEVELOPMENTS for the
management of surface water and groundwater. The water
management system shall provide for stormwaters affecting
the SUBDIVISION or DEVELOPMENT and shall be in
compliance with applicable federal, state and local design
regulations and specifications.
f. EASEMENTS. If applicable, EASEMENTS shall be
provided along LOT LINES or along the alignment of the
improvements requiring EASEMENTS in accordance with all
Page 100 of 235
design requirements so as to provide for proper ACCESS to,
and construction and maintenance of, the improvements. All
such EASEMENTS shall be properly identified on the
preliminary SUBDIVISION plat, if the APPLICANT chooses
to submit the optional preliminary SUBDIVISION plat, and
dedicated on the final SUBDIVISION plat. If the preliminary
SUBDIVISION plat is not submitted, then the EASEMENTS
need to be id~!ltified and dedicated on the final
SUBDIVISION plat.
g. Elevation, land filling, excavation and demolition. The
elevation of all BUILDING sites and public or private
roadways included within a SUBDIVISION or
DEVELOPMENT for which a use other than conservation or
recreation is proposed shall be not less than 5 1/2 feet
NGVD when completed, or to such minimum elevations
above the established NGVD datum as adopted by the
board of county commissioners, FEMA/FIRM, or South
Florida Water Management District criteria. All lawful
regulations with reference to BULKHEAD LINES, salt[water]
barrier lines, and other appropriate regulations regarding
land filling, conservation, excavations, demolition, and
related regulations shall be observed during the construction
of any improvements within Collier County.
h. Fire hydrants. Fire hydrants shall be provided at no cost
to the county in all SUBDIVISIONS and DEVELOPMENTS.
In all cases, fire hydrants shall be provided and spaced in
the manner prescribed by the design requirements of this
section.
i. Monuments and control points. Permanent monuments
and control points shall be set as prescribed by F.S. ch. 177,
as amended. Details pertaining to their type and location
shall be in full compliance with the provisions set forth by
these regulations and those prescribed by F.S. ch. 177, as
amended.
j. Parks, protected areas, preservation areas, conservation
areas, recreational areas, and school sites.
i. Parks, protected areas, preservation areas,
conservation areas. Parks, protected areas,
preservation areas and conservation areas shall be
dedicated and/or conveyed in accordance with
applicable mandatory dedication requirements and
regulations of federal, state and local agencies.
ii. Recreational areas. Recreational areas shall be
dedicated and/or conveyed in accordance with
Page 101 of 235
---....
applicable mandatory dedication and/or conveyance
requirements and regulations of federal, state and
local agencies.
iii. School sites. School sites shall be dedicated
and/or conveyed in accordance with applicable
mandatory dedication and/or conveyance
requirements and regulations of federal, state and
local agencies.
k. Plantings, trees, and grass. All RIGHTS-OF-WAY and
EASEMENTS for STREETS, avenues, roads, drives, and
the like shall be planted with trees, grass or other suitable
vegetation on both sides in accordance with the
specifications, limitations, procedures, types and intervals
set forth in the appropriate cou nty regulations and
requirements, including but not limited to Chapter 4 and the
RIGHT-OF-WAY Construction Handbook, Collier County
Ordinance No. 82-91, as amended [superseded by
ordinance found in Code ch. 110, art. II]. All unpaved areas
within RIGHTS-OF-WAY shall be stabilized by seed or
sodding of cultivated grass species suitable to the area. The
sodding of a one-foot-wide strip along the back of curb or
edge of pavement shall be mandatory for all roadway
construction. The flow line of all swale sections approved for
use by the County Manager or his designee shall also be
sodded as required for erosion control.
I. Sanitary sewer system. A complete sewage collection and
transmission system and interim sewage treatment and
disposal facilities, if required, shall be provided by the
APPLICANT, for all SUBDIVISIONS and other types of
DEVELOPMENT. All facilities shall be designed in
accordance with federal, state and local requirements. When
required, the sewage collection and transmission facilities
shall be conveyed to Collier County, or the Collier County
Water-Sewer District or other dependent district where
appropriate, upon completion of construction pursuant to
County Ordinance [No.] 88-76 [Code ch. 134, art. III], as
amended.
If county central sewer facilities are not available to connect
with, the sewage collection and transmission facilities
conveyed to the county shall be leased to the APPLICANT
of the interim sewage treatment facilities, with operation and
maintenance responsibilities, until the county's central sewer
facilities are available for connections. All sewer facilities
shall be maintained and operated at no cost to the county, in
a manner equal to the operation and maintenance standards
Page 102 of 235
for sewage collection and transmission facilities and sewage
treatment facilities maintained by Collier County or the
Collier County Water-Sewer District, until connection to the
county's central facilities is made. Any interim sewage
treatment facilities owned, operated and maintained by the
APPLICANT, or their successors and assigns, shall be
abandoned in accordance with an agreement entered into
between the county or the Collier County Water-Sewer
District and the APPLICANT prior to the approval of
improvement plans pursuant to this section and to the
requirements of Collier County Ordinance [No.] 88-76 [Code
ch. 134, art. III], as amended.
In the event individual sewage facilities designed in
accordance with chapter 10D-6, F.A.C., Le., septic systems,
are allowed under required state and local regulations on an
interim basis, the developer shall construct a "dry" sewage
collection and transmission system for future connection to
the county's central sewer facilities, when available to serve
the SUBDIVISION or DEVELOPMENT. Any such "dry"
sewer facilities shall be designed and constructed in
accordance with the requirements of the County Ordinance
[No.] 88-76, as amended. Operation and maintenance
responsibilities for the "dry" facilities shall be specified
pursuant to a lease agreement with Collier County or where
applicable the Collier County Water-Sewer District. When
county central sewer facilities are available to connect the
"dry" system, connection shall be completed within 90 days
from approval of improvement plans for those facilities by the
county utilities division. The terms and conditions controlling
the connection shall be contained in an agreement between
Collier County, or the Collier County Water-Sewer District
where appropriate, and the APPLICANT which must be
entered into prior to the approval of the improvement plans.
Upon connection to the county's central sewer facilities, all
INDIVIDUAL SEWAGE SYSTEMS shall be abandoned in
the manner required by federal, state and local regulations
On-site sewage disposal systems may be utilized if
permitted by the Collier County growth management plan
and where the conditions of F.A.C. 10D-6 can be satisfied. In
the event the LOTS are sized such that 10D-6 does not
require central sewer or water, or if the LOTS are sized such
that only central water and no sewer is required, construction
of a "dry system" will not be required 'unless Collier County
can confirm future service within five years.
Page 103 of 235
~"--_.- --.
__ _._ __~,"~.". .__._.M .__.._..
All sewage collection and transmission systems, and
treatment and disposal facilities shall be designed by the
APPLICANT'S engineer.
m. SHORELINE and waterway AL TERA TIONS and
additions. All requests for the construction of seawalls,
BULKHEADS, SHORELINE and waterway alterations and
additions shall be submitted to the County Manager or his
designee. After review by the County Manager or his
designee the prqposed facility or alteration shall be
approved, approved with conditions or denied. The use of
vertical seawalls as a method of protecting SHORELINES
and lands ADJACENT to waterways shall be discouraged
except for DEVELOPMENT lakes, and APPLICANTS shall
be encouraged to utilize alternate methods of accomplishing
SHORELINE protection and waterway facilities installation.
Whenever possible, all proposed construction of seawalls,
BULKHEADS, SHORELINE and waterway ALTERATIONS
and additions shall be designed to afford the maximum
protection to the environment of the area. Any state or
federal permits required for construction must be submitted
to the County Manager or his designee prior to the
commencement of construction.
n. STREETS and ACCESS improvements.
i. All SUBDIVISION STREETS, ACCESS
improvements and related facilities, whether public or
private, required to serve the proposed
DEVELOPMENT shall be constructed by the
APPLICANT. The design and construction of all
SUBDIVISION STREETS, ACCESS improvements
and related facilities shall be in conformance with the
design requirements, regulations and standards
established in this section and shall include but not
be limited to the pavement STRUCTURE, drainage,
SIDEWALKS and traffic control/safety devices.
ii. The arrangement, character and location of all
STREETS shall conform to the Collier County growth
management plan and shall be considered in their
relation to existing and proposed STREETS,
topographical conditions, public convenience, safety
and in their appropriate relation to the proposed uses
of the land to be served by such STREETS
(a) Rural type roadway cross sections shall
only be considered for permitting on a case-by-
case basis. The design of a rural cross section
Page 104 of 235
and its required RIGHT-OF-WAY width shall
be based on the drainage characteristics of the
required swale section and the relationship of
the maximum stormwater flow line to the
bottom of the subbase course of the roadway.
A detailed design report documenting these
considerations shall be submitted for review
and approval by the County Manager or his
designee prior to the approval of a rural
roadway cross section.
(b) All existing and future public and private
RIGHTS-OF-WAY that are designed parallel to
each other or to the boundary of a
SUBDIVISION or DEVELOPMENT, with no
BUILDING LOTS separating them from other
RIGHTS-QF-WA Y or the project boundary,
shall be separated by a LANDSCAPE
BUFFER, pursuant to Chapter 4. The
BUFFER area in these cases shall be
separately designated on the final
SUBDIVISION plat as a tract or EASEMENT
and shall be dedicated on the final
SUBDIVISION plat cover sheet to the
appropriate property owners' association or like
entity for operation, maintenance and upkeep
purposes.
(c) All public and private STREETS requiring a
design capacity which exceeds the roadway
cross sections established herein for a minor
collector shall be coordinated by the County
Manager or his designee with and reviewed
and approved by the transportation services
division prior to the approval of the project's
improvement plans and final SUBDIVISION
plat by the County Manager or his designee.
iii. As applicable, the installation of turn lanes,
storage lanes, deceleration lanes, parallel service
lanes or any other traffic control improvements
necessary to provide safe internal movements or
ingress and egress from the SUBDIVISION or
DEVELOPMENT to any existing or proposed
STREET or highway shall be required.
(a) If applicable, review and written approval
by the Florida Department of Transportation of
the SUBDIVISION or DEVELOPMENT traffic
Page 105 of 235
. ,_._" --....--
systems for ingress or egress to state-
maintained roads shall be necessary prior to
approval of any final SUBDIVISION plat and
improvement plans by the County Manager or
his designee.
o. STREET names, markers and traffic control devices.
STREET name markers and traffic control devices shall be
provided by the developer at intersections and locations
designated by th~ Transportation Administrator or his
designee for all affected STREETS, whether the STREETS
are existing or proposed. Such markers and traffic control
devices shall be installed and constructed by the
APPLICANT to the APPLICANT'S engineer's specifications
approved by the County Manager or his designee for private
STREETS or in conformance with standards and
recommendations set forth in the latest edition of the
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices for public STREETS. The Transportation
Administrator or his designee shall accept alternative
specifications on public STREETS signage where an
acceptable maintenance agreement has been provided.
Alternate specifications for private STREET signage where a
property owners' association or other entity has maintenance
responsibility shall be approved by the Transportation
Administrator or his designee.
Proposed STREETS which are in alignment with other
existing and named STREETS shall bear the same name of
the existing STREET. All STREET names shall have a suffix
(i.e., STREET, avenue, boulevard, drive, place, court, etc.)
and in no case, except as indicated in the preceding
sentence, shall the name of the proposed STREET duplicate
or be phonetically similar to [an] existing STREET name
regardless of the use of the suffix.
All STREET names shall be subject to approval by the
CDES Operations Director or his designee during the
preliminary SUBDIVISION plat approval process or on the
final SUBDIVISION plat or the final plat and construction
plans if the APPLICANT chooses not to submit the optional
preliminary SUBDIVISION plat.
Pavement painting and striping and/or appropriate reflective
edge of public roadway markings shall be provided by the
developer as required by the U.S.D.O.T.F.H.W.A. Manual on
Uniform Traffic Control Devices. Where concrete valley
Page 106 of 235
gutters border the edge of pavement and for private
roadways, this requirement may be waived by the
Transportation Administrator or his designee.
p. Traffic control devices. Traffic control devices shall be
provided by the developer when engineering study indicates
traffic control is justified at any STREET intersection within
the SUBDIVISION or DEVELOPMENT or where the
additional traffic . flow results from the proposed
SUBDIVISION or DEVELOPMENT on to any collector or
ARTERIAL STREET. Traffic control devices are subject to
county approval.
If more than one DEVELOPMENT or SUBDIVISION is
involved, each shall be required to make a pro rata
contribution for the installation cost of the traffic control
devices. The cost of all required traffic control devices shall
be included in the amount of SUBDIVISION performance
security furnished for the required improvements.
4. Design requirements for Water Management.
a. Plans and specifications. As a precondition for approval
of improvement plans, the developer shall deliver to the
County Manager or his designee complete plans and
specifications in report form prepared by a registered
professional engineer licensed to practice in the State of
Florida, which shall include, but may not be limited to, the
following:
i. A topographic map of the land DEVELOPMENT
related to NGVD with sufficient spot elevations to
accurately delineate the site topography, prepared by
a professional surveyor.
ii. A drainage map of the entire basins within which
the DEVELOPMENT or SUBDIVISION lies. This map
may be combined with the above topographic data in
a manner acceptable to the County Manager or his
designee. All ridges lying within the basins and the
area of the basins stated in acres, of all the existing
and proposed drainage areas shall be shown and
related to corresponding points of flow concentration.
iii. Flow paths shall be indicated throughout including
final outfalls from the DEVELOPMENT and basins,
existing water elevations, all c~nnected and isolated
WETLANDS, recurring high water elevations,
proposed design water elevations, and other related
hydrologic data.
Page 107 of 235
~ ~'"-
iv. Drainage data, assumed criteria and hydraulic
calculations, consistent with the criteria and design
method established by the South Florida Water
Management District.
v. Plans showing proposed design features and
typical sections of canals, swales and all other open
channels, storm sewers, all drainage STRUCTURES,
roads and curbs, and other proposed
DEVELOPMENT construction.
vi. Plans and profiles of all proposed roads. Where
proposed roads intersect existing roads, elevations
and other pertinent details shall be shown for existing
roads.
vii. Where additional ditches, canals or other
watercourses are required to accommodate
contributory surface waters, sufficient RIGHT -OF-
WAY shall be provided by the developer or subdivider
to accommodate these and future needs.
viii. For projects which require a construction permit
to be issued by the South Florida Water Management
District, approval of improvement plans and the final
SUBDIVISION plat shall not be granted by the County
Manager or his designee until a copy of the permit or
an acceptable "early work" permit is submitted to the
County Manager or his designee.
ix. The master drainage plan shall include the
drainage plans and details for all LOTS. The master
drainage plan shall show proposed finished GRADE
elevations at all LOT corners and breaks in GRADE.
The engineer shall state on the water management
calculations the basis for wet season water table
selection.
The engineer of record prior to final acceptance, shall
provide docu mentation from the stormwater
maintenance entity that it has been provided
information on how the stormwater system works and
their responsibility to maintain the system.
10.02.06 Submittal Requirements for Permits
A. Generally
Any permit submitted to the County must meet the requirements for that
particular permit, as more specifically stated below.
Page 108 of 235
1. Relation to state and federal statutes.
a. Required state and/or federal permits. Where proposed use or
DEVELOPMENT requires state or federal DEVELOP.MENT
ORDERS or permits prior to use or DEVELOPMENT, such
DEVELOPMENT ORDERS or permits must be secured from
state or federal agencies prior to commencement of any
construction and/or DEVELOPMENT, including any changes in
land configuration and land preparation.
b. DEVELOPMENT of regional impact. Where a proposed use or
DEVELOPMENT is a DEVELOPMENT of regional impact (DRI),
it shall meet all of the requirements of F.S. ch. 380, as
amended, prior to the issuance of any required county
DEVELOPMENT ORDERS or permits and commencement of
construction or DEVELOPMENT. Submission of the application
for DEVELOPMENT approval (ADA) for a DRI shall be
simultaneous with the submission of any rezoning and/or
CONDITIONAL USE application or other land use related
petition required by this Code to allow for concurrent reviews
and public hearings before both the planning commission and
the BCC of the ADA and rezone and/or CONDITIONAL USE
applications. The DRI and rezone and/or CONDITIONAL USE
shall be approved prior to the issuance of any required county
DEVELOPMENT ORDERS or permits and commencement of
construction or DEVELOPMENT.
2. No approval of the final SUBDIVISION plat, improvement plans or
authorization to proceed with construction activities in compliance
with the same shall require Collier County to issue a
DEVELOPMENT ORDER or BUILDING permit if (1) it can be
shown that issuance of said DEVELOPMENT ORDER or
BUILDING permit will result in a reduction in the. LEVEL OF
SERVICE for any public facility below the LEVEL OF SERVICE
established in the Collier County growth management plan, or (2) if
issuance of said DEVELOPMENT ORDER of [or] BUILDING permit
is inconsistent with the growth management plan. Anything in this
division to the contrary notwithstanding, all SUBDIVISION and
DEVELOPMENT shall comply with the Collier County Adequate
Public Facilities Ordinance [Code ch. 106, art. III] and the growth
management plan.
B. BUILDING Permits
Page 109 of 235
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1. BUILDING or land ALTERATION permit and certificate of
occupancy compliance process.
a. Zoning action on BUILDING or land ALTERATION
permits. The County Manager or his designee shall be
responsible for determining whether applications for
BUILDING or land ALTERATION permits, as required by
the Collier County BUILDING code or this Code are in
accord with the requirements of this Code, and no
BUILDING or land ALTERATION permit shall be issued
without written approval that plans submitted conform to
applicable zoning regulations, and other land
DEVELOPMENT regulations. For purposes of this section a
land ALTERATION permit shall mean any written
authorization to ALTER land and for which a BUILDING
permit may not be required. Examples include but are not
limited to clearing and excavation permits, site
DEVELOPMENT PLAN approvals, agricultural clearing
permits, and blasting permits. No BUILDING or
STRUCTURE shall be erected, moved, added to,
AL TERED, utilized or allowed to exist and/or no land
AL TERA TION shall be permitted without first obtaining the
authorization of the required permit(s), inspections and
certificate(s) of occupancy as required by the Collier County
BUILDING code or this Code and no BUILDING or land
AL TERA TION permit application shall be approved by the
County Manager or his designee for the erection, moving,
addition to, or AL TERA TION of any BUILDING,
STRUCTURE, or land except in conformity with the
provisions of this Code unless he shall receive a written
order from the board of zoning appeals in the form of an
administrative review of the interpretation, or variances as
provided by this Code, or unless he shall receive a written
order from a court or tribunal of competent jurisdiction.
b. Application for BUILDING or land ALTERATION
permit. All applications for BUILDING or land ALTERATION
permits shall, in addition to containing the information
required by the BUILDING official, be accompanied by all
required plans and drawings drawn to scale, showing the
actual shape and dimensions of the LOT to be built upon;
the sizes and locations on the LOT of BUILDINGS already
existing, if any; the size and location on the LOT of the
BUILDING or BUILDINGS to be erected, ALTERED or
allowed to exist; the existing use of each BUILDING or
BUILDINGS or parts thereof; the number of families the
Page 110 of 235
BUILDING is designed to accommodate; the location and
number of required off-STREET parking and off-STREET
LOADING SPACES; approximate location of trees protected
by county regulations; changes in GRADE, including details
of BERMS; and such other information with regard to the
LOT and existing/proposed STRUCTURES as provided for
the enforcement of this Land DEVELOPMENT Code. In the
case of application. for a BUILDING or land AL TERA TION
permit on property ADJACENT to the Gulf of Mexico, a
survey, certified by a land surveyor or an engineer licensed
in the State of Florida, and not older than 30 days shall be
submitted. If there is a storm event or active erosion on a
specific PARCEL of land for which a BUILDING or land
ALTERATION permit is requested, which the County
Manager or his designee determines may effect the
DENSITY or other use relationship of the property, a more
recent survey may be required. Where ownership or property
lines are in doubt, the County Manager or his designee may
require the submission of a survey, certified by a land
surveyor or engineer licensed in the State of Florida.
Property stakes shall be in place at the commencement of
construction.
c. Construction and use to be as provided in applications;
status of permit issued in error. BUILDING or land
ALTERATION permits or certificates of occupancy issued on
the basis of plans and specifications approved by the County
Manager or his designee authorize only the use,
arrangement, and construction set forth in such approved
plans and applications, and no other use, arrangement, or
construction. BUILDING use arrangement, or construction
different from that authorized shall be deemed a violation of
this Land DEVELOPMENT Code.
i. Statements made by the APPLICANT on the
BUILDING or land ALTERATION permit application
shall be deemed official statements. Approval of the
application by the County Manager or his designee
shall, in no way, exempt the APPLICANT from strict
observance of applicable provisions of this Land
DEVELOPMENT Code and all other applicable
regulations, ordinances, codes, and laws.
ii. A BUILDING or land ALTERATION permit
issued in error shall not confer any rights or privileges
to the APPLICANT to proceed to or continue with
construction, and the county shall have the power to
revoke such permit until said error is corrected.
Page 111 of 235
-....
d. Improvement of property prohibited prior to issuance of
BUILDING permit. No site work, removal of protected
vegetation, grading, improvement of property or construction
of any type may be commenced prior to the issuance of a
BUILDING permit where the DEVELOPMENT proposed
requires a BUILDING permit under this Land
DEVELOPMENT Code or other applicable county
regulations. Exceptions to this requirement may be granted
by the County Manager or his designee for an approved
SUBDIVISION or site DEVELOPMENT PLAN to provide for
distribution of fill excavated on-site or to permit construction
of an approved water management system, to minimize
stockpiles and hauling off-site or to protect the public health,
safety and welfare where clearing, grading and filling plans
have been submitted and approved meeting the warrants of
section 4.06.04 A. of this Code; removal of EXOTIC
VEGETATION shall be exempted upon receipt of a
vegetation removal permit for exotics pursuant to Chapters 4
and 10.
i. In the event the improvement of property,
construction of any type, repairs or remodeling of any
type that requires a BUILDING permit has been
completed, all required inspection(s) and certificate(s)
of occupancy must be obtained within 60 days after
the issuance of after the fact permit(s).
e. Zoning and land use approval required prior to or
simultaneously with issuance of BUILDING or land
AL TERA TION permit or occupancy of land and space. A
zoning certificate, attesting to compliance with all aspects of
the zoning provisions of the Land DEVELOPMENT Code,
shall be required prior to obtaining a BUILDING or land
AL TERA TION permit or to occupying any space of land or
BUILDINGS or for the conduct of a business in all zoning
districts. The following zoning certificate review procedure
shall provide for the issuance of a zoning certificate.
i. For the purposes of determining compliance with
the zoning provisions of the Land DEVELOPMENT
Code, an approval of a site DEVELOPMENT PLAN
pursuant to section 10.02.03 herein, authorizes the
issuance of a zoning certificate. Said zoning
certificate shall constitute a statement of compliance
with all applicable provisions of the Land
DEVELOPMENT Code, including the uses of the
BUILDING space upon which applicable off-STREET
parking and loading requirements were based,
Page 112 of 235
however, issuance of a zoning certificate shall not
exempt any person from full compliance with any
applicable provision of the Land DEVELOPMENT
Code.
ii. In subdivided BUILDINGS each space for which
a use is proposed requires a zoning certificate for that
particular space, independent of any approval
conferred upon the BUILDING and the land pursuant
to section 1 0.02.03 and of a zoning certificate issued
for the BUILDING and the land, shall be required.
iii. A zoning certificate shall be required for any use
of land or BUILDINGS located in residential zoning
districts, which involve the conduct of a commercial or
other non residentially allowed uses of land or
BUILDINGS.
2. BUILDING Permit applications for SIGNS.
a. General. Any person wishing to erect, place, rebuild,
reconstruct, relocate, AL TER, or change the SIGN copy (see
section 5.06.04 for exceptions) of any SIGN shall apply for
and receive a BUILDING permit in accordance with
Resolution No. 91-642, prior to the commencement of any
work. A BUILDING permit will be issued by the community
DEVELOPMENT services administrator, or his designee,
provided that all permit requirements of the Code and all
other applicable provisions of Collier County's ordinances
and regulations have been met.
b. Permit fees. A BUILDING permit fee shall be collected
pursuant to the fee schedule set forth by resolution.
c. Form. Every application for a BUILDING permit shall be
in writing upon forms to be furnished by the County Manager
or his designee, or his designee.
d. Application contents. In order to obtain a permit to erect,
place, rebuild, reconstruct, relocate, ALTER or change the
SIGN copy of any SIGN under the provision of this Code, an
APPLICANT shall submit to the BUILDING official a
BUILDING permit application which shall set forth in writing
a complete description of the proposed SIGN including:
i. The name, address and telephone number of the:
(a) owner and lessee of the SIGN and (b) SIGN
contractor or erector of the SIGN.
ii. The legal description and the STREET address of
the property upon which the SIGN is to be erected.
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iii. The dimensions of the SIGN including height.
iv. The copy to be placed on the face of the SIGN.
v. Other information required in the permit application
forms provided by the County Manager or his
designee, or his designee; including two copies of the
site plan, elevation drawings of the proposed SIGN
and identification of the type, height, area and location
of all existing pole SIGNS, ground SIGNS and
directory SIGNS on the subject PARCEL.
vi. Two blueprints or ink drawings, certified by a
Florida registered engineer or a Florida registered
architect, of the plans and specifications and method
of construction and attachment to the BUILDING or
the ground for all pole SIGNS and all projecting
SIGNS; and any ground SIGN over 32 square feet.
vii. Wall SIGNS, or any separate part thereof, which
is to be affixed to a wall shall be fastened flush with
the surface with fasteners which shall have the
capacity to carry the full load of the SIGN or separate
part thereof under wind load conditions of the
approved Collier County BUILDING Code Ordinance
[Code 9 22-106 et seq.], FLOOD Ordinance [Code ch.
62. art. II], and the Coastal BUILDING Zone
Ordinance [Code ch. 22, art. VIII]. Any such SIGN or
separate part thereof which is not mounted flush with
the surface and which weighs more than 20 pounds
shall have a Florida registered engineer design the
mounting or fastening system and depict the system
on signed and sealed drawings which shall
accompany the permit application.
viii. If the SIGN or SIGN copy is to be illuminated or
electronically operated, the technical means by which
this is to be accomplished.
ix. The permit number shall be displayed or affixed at
the bottom of the SIGN face and shall have the same
life expectancy as the SIGN. Such permit number
shall be clearly legible to a person standing five feet in
front of the base of the SIGN and in no case shall the
permit number be less than one-half inch in size.
e. Expiration of permit. BUILDING permits shall expire and
become null and void if the work authorized by such permit
is not commenced and inspected within six months from the
date of issuance of the permit.
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f. Adherence to the unified SIGN plan: Requests for
BUILDING permits for permanent on-premise SIGNS shall
adhere to the unified SIGN plan, which shall be kept on file
in the community DEVELOPMENT and environmental
services division. Requests to permit a new SIGN,. or to
relocate, replace or structurally AL TER an existing SIGN
shall be accompanied by a unified SIGN plan for the
BUILDING or project the SIGN is accessory to. Existing
permitted SIGNS may remain in place; however, all future
requests for permits, whether for a new SIGN, or relocation,
ALTERATION, or replacement of an existing SIGN, shall
adhere to the unified SIGN plan for the property.
C. Vegetation Removal permit requirements
1. OTHER PERMITS REQUIRED. No vegetation removal
permit or final DEVELOPMENT ORDER authorizing site clearing or
site improvements shall be issued by the County Manager or his
designee until all applicable federal and state, and County
approvals as designated by the County Manager or his designee
have been obtained. These approvals may include, but are not
limited to:
a. BUILDING permits. (Except in accordance with
section 4.06.04 A. of this Code.)
b. Special treatment (ST) DEVELOPMENT permits.
c. U.S. Army Corps of Engineers permits or exemptions.
d. Florida Department of Environmental Protection
permits or exemptions.
e. U.S. Fish and Wildlife Service permits or exemptions.
f. Florida Fish and Wildlife Conservation Commission
permits or exemptions.
g. South Florida Water Management District permits or
exemptions.
h. Other applicable agency reviews or permits or
exemptions.
i. Other county approvals.
2. APPLlCA TION CONTENTS. Application for a vegetation
removal permit shall be submitted to the County Manager or his
Page 115 of 235
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designee in writing on a form provided by the planning services
department. The application shall include the following information:
a. A generalized vegetation inventory which includes:
i. Generalized vegetation inventory
superimposed on a current aerial. A generalized
vegetation inventory shall show the approximate
location and extent of vegetation on the site. The
inventory shall be based upon the most current
available information. The inventory shall be in the
form of an aerial or a field survey, and may be
accompanied by photographs or videotapes
illustrating typical areas of vegetation referenced to
positions on the aerial or survey, but shall clearly
indicate habitat types and protected vegetation, and
may be accompanied by photographs or videotapes
illustrating typical areas of vegetation referenced to
positions on the aerial or survey. The generalized
vegetation inventory shall be prepared in some
manner which clearly illustrates the relationships
between the areas of vegetation and the proposed
site improvements.
ii. Generalized written assessment and
evaluation. The generalized vegetation inventory shall
be accompanied by a brief written assessment of the
plant communities which have been identified on the
site. The assessment shall include an evaluation of
character and quality of the plant communities
identified, including their rarity, viability, and such
other physical characteristics and factors that may
affect their preservation. The inventory assessment
and evaluation shall be prepared by a person
knowledgeable in the identification and evaluation of
vegetative resources, such as a forester, biologist,
ecologist, horticulturist, landscape arch itect, or
certified nurseryman.
iii. Reasonable additional information. The County
Manager or his designee may require that the
application include such additional information which
is reasonable and necess~ry for adequate
administration of this section.
b. A site plan which includes:
Page 116 of 235
i. Property dimensions.
ii. Location of existing infrastructure and
ALTERATIONS.
iii. Location of proposed STRUCTURES,
infrastructure. and AL TERA TIONS.
iv. The location and species of all protected
vegetation. Large stands of a single species, such as
cypress heads, may be indicated as a group with an
approximate number or area.
v. Designation of all protected vegetation
proposed for removal.
vi. Location and details of protective barricading of
the vegetation to be retained.
vii. Description of any proposed AL TERA TION of
mangroves.
viii. Description of any proposed maintenance
trimming of mangroves.
c. An executed statement which includes:
i. Name, address, and phone of property owner.
ii. Name, address, and phone of AUTHORIZED
AGENT and on-site representative.
iii. Proof of ownership.
iv. Legal description.
v. Reason for proposed removal.
vi. Method to distinguish vegetation to be
removed from vegetation to be preserved and method
of removal. It should be noted that the root system of
the vegetation shall also be protected.
vii. Signature of property owner or copy of a
specific contract signed by property owner.
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3. REVIEW PROCEDURES.
a. Issuance of permit. Based on the information contained in
the application and obtained from the on-site inspection, the
County Manager or his designee, may approve or deny an
application. An approved vegetation removal permit'is valid
for a period not to exceed 180 days. Mangrove
AL TERA TION permits shall be valid for a period of five
years from date of issuance, or date of issuance by the
Florida Department of Environmental Protection. An
extension requested prior to expiration of the original permit
may be granted for good cause shown upon written
application to the County Manager or his designee. The
County Manager or his designee may attach conditions to
the permit relative to the methods of designating and
protecting vegetation not proposed for removal. A violation of
these conditions shall constitute cause to void the vegetation
removal permit.
b. Denial of permit. In the event an application is denied by
the County Manager or his designee, the reason(s) shall be
noted on the application and returned promptly.
c. Permit fees. All vegetation removal and agricultural
clearing permit applications requiring review and approval
shall be charged a review fee as established by resolution of
the Board of County Commissioners.
4. VEGETATION REMOVAL PERMIT EXCEPTIONS.
a. Except for LOTS on undeveloped coastal barrier islands,
and any project proposing to AL TER mangrove trees, a
vegetation removal permit for clearing one acre or less of
land is not required for the removal of protected vegetation,
other than a specimen tree on a PARCEL of land zoned
residential, single-family (RSF), village residential (VR),
agriculture (A) or estates (E), or other nonagricultural, non-
sending lands, non-NRPA, noncommercial zoning districts in
which single-family LOTS have been subdivided for single-
family use only, where the following conditions have been
met:
i. A BUILDING permit has been issued for the
permitted PRINCIPAL STRUCTURE (the BUILDING
permit serves as the clearing permit), or
ii. The permitted PRINCIPAL STRUCTURE has been
constructed, and the property owner or
AUTHORIZED AGENT is conducting the removal,
Page 118 of 235
and the total area that will be cleared on site does not
exceed one acre.
b. A vegetation removal permit is not required for the
removal of protected vegetation other than a specimen tree,
when a site plan and vegetation protection plans have been
reviewed and approved by the County Manager or his
designee as part of the final DEVELOPMENT, ORDER.
c. A vegetation removal permit is not required for the
removal of protected vegetation from the property of a
Florida licensed tree farm/nursery, where such vegetation is
intended for sale in the ordinary course of the licensee's
business and was planted for the described purpose.
d. A vegetation removal permit is not required for the
removal of protected vegetation other than a specimen tree
by a Florida licensed land surveyor in the performance of
his/her duties, provided such removal is for individual trees
within a swath that is less than three feet in width.
e. A vegetation removal permit is not required for the
removal of protected vegetation prior to BUILDING permit
issuance if the conditions set forth in section 4.06.04 have
been met.
f. A vegetation removal permit is not required for the
hand removal of PROHIBITED EXOTIC VEGETATION.
Mechanical clearing of PROHIBITED EXOTIC
VEGETATION shall require a vegetation removal permit.
Mechanical clearing is defined as clearing that would impact
or disturb the soil or sub-soil layers or disturb the root
systems of plants below the ground.
D. AGRICULTURAL LAND CLEARING
1. LAND CLEARING PERMIT. A permit for clearing of
agriculturally zoned land for AGRICULTURAL USES that do not
fall within the scope of sections 163.3162(4) or 823.14(6), Florida
Statues, shall be required for all agricultural operations except as
exempted by 6 below.
a. Application. An application for an agricultural clearing
permit shall be submitted in the form established by the
County Manager or his designee. Silviculture operations, as
defined by this Code, shall require a management plan
Page 119 of 235
prepared by a forester or a resource manager (e.g. division
of forestry, private or industrial) as part of the application. An
application fee in an amount to be determined by the board
of county commissioners shall accompany and be a part of
the application. The following conditions, as applicable, shall
be addressed as part of and attachments to the agricultural
land clearing application:
i. If an ST or ACSC-ST overlay is attached to the
zoning of the 'property, an ST DEVELOPMENT permit
has been issued by the County Manager or his
designee. The ST or ACSC-ST permit review shall be
in accordance with Collier County Land
DEVELOPMENT Code Chapter 2, section 2.03.07
and may be simultaneously reviewed with the
agricultural clearing permit application.
ii. The application, including generalized vegetation
inventory and clearing plan as outlined in section
10.02.06 C.2.a. and site visit (if required) confirm that
the proposed use is consistent with the requirement of
the zoning district as a bona fide AGRICULTURAL
USE and the APPLICANT has been informed of the
rezoning restriction which granting the permit shall
place on his property.
iii. The APPLICANT has obtained and produced a
copy of the South Florida Water Management District
(SFWMD) consumptive water use permit or
exemption, if required by SFWMD.
iv. The APPLICANT has obtained and produced a
copy of the South Florida Water Management District
surface water management permit or exemption, if
required by SFWMD.
v. The APPLICANT has obtained and produced a
copy of the United States Army Corps of Engineers
(ACOE) permit or exemption, if required by the
ACOE.
vi. The APPLICANT has submitted data relating to
wetland impacts and protected wildlife species habitat
subject to Collier County growth management plan,
conservation and coastal management element
policies 6.2.9, 6.2.10 and objective 7.3 and
associated policies and Collier County Land
Page 120 of 235
DEVELOPMENT Code section 3.04.00. This data will
be required only when the county's on-site inspection
indicates that there are potential or actual impacts to
WETLANDS and to protected federally and state
listed wildlife habitat.
vii. The property owner, or AUTHORIZED AGENT,
has filed an executed agreement with the County
Manager or his designee, stating that within two years
from the date on which the agricultural clearing permit
is approved by the County Manager or his designee.
the owner/agent will put the property into a bona fide
AGRICUL TURAL USE and pursue such activity in a
manner conducive to the successful harvesting of its
expected crops or products. The owner/agent may
elect to allow the subject property to lie fallow after
completing the bona fide AGRICULTURAL USE, for
the remainder of the ten-year period required by viii.
below. If the clearing is expected to occur over a
period greater than two years, this will be stated on
the application and may be addressed as a condition
on the agricultural clearing permit if determined by
staff to be appropriate.
viii. The property owner, or AUTHORIZED AGENT,
has filed an executed agreement with the County
Manager or his designee stating that the owner/agent
is aware that the Collier County Board of County
Commissioners will not rezone the property described
in the agricultural clearing permit for a period of ten
years from the date of approval of the agricultural
clearing permit by the County Manager or his
designee, unless for any such conversions in less
than ten years, the converted land shall be restored
with NATIVE VEGETATION to the degree required by
this Code.
b. Determination of completeness.
i. After receipt of an application for an agricultural
clearing permit, County Manager or his designee shall
determine whether the application submitted is
complete. All applicable conditions specified in
paragraph a. above must be addressed in order to
obtain a determination of completeness. If the
application is not complete, the County Manager or
Page 121 of 235
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his designee shall notify the APPLICANT in writing of
the deficiencies. No further steps to process the
application shall be taken until all of the deficiencies in
the application have been met. In addition, a
determination of completeness or a mod ified
determination of completeness may be made in
accordance with the following:
ii. Where the APPLICANT submits, as part of the
application fOr an agricultural clearing permit, a copy
of the completed application for a SFWMD
consumptive use permit or exemption, or a SFWMD
surface water management permit or exemption, or
an ACOE permit or exemption, a mod ifjed
determination of completeness may be issued
providing that said permits or exemptions are not
necessary for further County review and providing
that all other deficiencies in the application have been
addressed.
c. Criteria for review of application. Review of the application
for an agricultural clearing permit shall commence upon the
determination of completeness or modified determination of
completeness. The following criteria shall be utilized by staff
in reviewing an application for issuance of an agricultural
clearing permit:
i. An on-site inspection has been made by staff,
if indicated.
ii. Environmental impacts, including WETLANDS
and protected wildlife species habitat(s) shall have
been addressed in accordance with the requirements
of the Collier County growth management plan and
the Land DEVELOPMENT Code, as may be
amended from time to time.
iii. Additional data and or information required by
the County to address environmental impacts shall be
submitted by the APPLICANT.
d. Issuance of permit. After an application for an agricultural
clearing permit has been reviewed in accordance with
paragraph c. above, the County Manager or his designee
shall grant the permit, grant with conditions or deny the
Page 122 of 235
permit, in writing. Where the agricultural clearing permit is
denied, the letter shall state the reason(s) for said denial.
e. Renewal of agricultural clearing permit. An approved
agricultural clearing permit is valid for five years and may be
automatically renewed for five-year periods providing that a
notification in writing is forwarded to the County Manager or
his designee at lea~"t 30 but no more than 180 days prior to
the expiration of the existing permit and providing that the
property has been actively engaged in a bona fide
agricultural activity. Such notification shall state that the
APPLICANT is in compliance with any and all conditions
and/or stipulations of the permit. A violation of permit
conditions shall [be] cause to void the agricultural clearing
permit. APPLICANTS failing to provide notification as
specified herein shall be required to submit a new
application for an agricultural clearing permit.
f. Exemptions for agricultural clearing permit.
i. An agricultural clearing permit is not required for
operations having obtained a permit under Ordinance
No. 76-42 and which can demonstrate that an
approved bona fide agricultural activity was in
existence within two years of the permit issuance
date, or for operations which can demonstrate that a
bona fide agricultural activity was in existence before
the effective date of Ordinance No. 76-42. Such
demonstrations for exemptions may include
agricultural classification records from the property
appraiser's office; dated aerial photographs;
occupational license for agricultural operation; or
other information which positively establishes the
commencement date and the particular location of the
agricultural operation.
ii. Upon issuance of an agricultural clearing [permit] or
as exempted above, activities necessary for the
ongoing bona fide AGRICULTURAL USE and
maintenance shall be exempted from obtaining
additional agricultural clearing permits for that
PARCEL providing that the intent, use and scope of
said activities remain in accordance with the ongoing
agricultural clearing permit or exemption. Ongoing
bona fide agricultural activities that qualify for this
exemption as described in this section may include
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but are not limited to clearing for, around or in dikes,
ditches, canals, reservoirs, swales, pump stations, or
pens; removal of new growth, such as shrubs or
trees, from areas previously permitted or exempted
from this section; fire line maintenance; approved
wildlife food plots; or other activities similar in nature
to the foregoing. Fences, BUILDINGS. and
STRUCTURES requiring a BUILDING permit shall be
exempt from an agricultural clearing permit but must
obtain a vegetation removal permit.
iii. No agricultural clearing permit shall be required for
protected vegetation that is dead, dying or damaged
beyond saving due to natural causes also known as
acts of God provided that:
(a) The County Manager or his designee is
notified in writing within two business days
prior to such removal and the county makes no
objection within said two business days;
(b) The tree is not a specimen tree;
(c) The vegetation is not within an area
required to be preserved as a result of a
required preservation, mitigation or restoration
program;
(d) The PARCEL is currently engaged in
bona fide agriculture, as defined by this Code.
(e) No agricultural clearing permit shall be
required for the removal of any vegetation
planted by a farmer or rancher which was not
planted as a result of a zoning regulation or a
required mitigation or restoration program.
2. LAND CLEARING NOTICE. No later than 60 days prior
vegetation removal as part of agricultural operations that fall within
the scope of sections 163.3162(4) or 823.14(6), Florida Statutes,
the property owner shall provide notice to the environmental
services director that the removal will occur. Said notice shall
include the following information:
a. a legal description of the land cleared, or such other
description as is sufficient to document the specific location
of the cleared land;
Page 124 of 235
b. the date on which land clearing will begin;
c. the date on which land clearing is expected to be
completed;
d. a vegetation inventory identifying the acreage of
existing NATIVE VEGETATION on site prior to any site
clearing; and
e. a signed agreement acknowledging the 25-year
prohibition on the creation of TDR CREDITS from land
cleared for agricultural operations after June 19, 2002, as set
forth in section 2.03.07; and
f. if the land is outside the RLSA, a signed agreement
acknowledging that, if the land being cleared for agricultural
operations is converted to a non-AGRICULTURAL USES
within 25 years after the clearing occurs, the property shall
become subject to the requirements of Sections 3.05.07, as
provided in Section 3.05.02.
E. ENFORCEMENT AND PENAL TIES.
1. FINES.
a. The failure of a property owner or any other person to
obtain an approved permit as required in this section shall
constitute a misdemeanor and each protected living, woody
plant, constituting protective vegetation, removed in violation
of this Code shall constitute a separate and distinct offense
and upon conviction shall be punished by a fine not to
exceed $500.00 per violation or by imprisonment in the
county jail not to exceed 60 days, or by both such fine and
imprisonment. In addition to or in lieu of the penalties
provided by general law for violation of ordinances, the
board of county commissioners may bring injunctive action
to enjoin the removal of vegetation in violation of this Code.
b. The failure of a property owner or any other person, who
obtains an agricultural clearing permit or provides notice of
agricultural clearing pursuant to Section 10.02.06 D., to put
the subject premises into a bona fide AGRICULTURAL USE
shall constitute a misdemeanor and each protected living,
woody plant, constituting protective vegetation, removed in
violation of this Code shall constitute a separate and distinct
offense and upon conviction shall be punished by a fine not
to exceed $500.00 per violation or by imprisonment in the
county jail not to exceed 60 days, or by both such fine and
imprisonment. In addition to or in lieu of the penalties
provided by general law for violation of ordinances, the
board of county commissioners may bring injunctive action
Page 125 of 235
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to enjoin the removal of vegetation in violation of this Code.
2. RESTORATION STANDARDS. If an alleged violation of this
Code has occurred and upon agreement between the County
Manager or his designee and the violator, or if they cannot agree,
then, upon conviction by the court or the code enforcement board,
in addition to any fine imposed, a restoration plan shall be ordered
in accordance with the following standards:
a. The restoration plan shall include the following
minimum planting' standards:
i. In the successful replacement of trees illegally
removed, replacement trees shall be of sufficient size
and quantity to replace the dbh inches removed. Dbh
is defined for the purposes of this ordinance as
diameter of the tree, measured at a height of 4.5 feet
above natural GRADE.
ii. Each replacement tree shall be Florida grade No. 1
or better as graded by the Florida department of
agriculture and consumer service.
iii. All replacement trees shall be nursery grown,
containerized and be a minimum of 14 feet in height
with a seven foot crown spread and have a minimum
dbh of three inches.
iv. Replacement trees shall have a guarantee of 80
percent survivability for a period of no less than three
years. A maintenance provision of no less than three
years must be provided in the restoration plan to
control invasion of EXOTIC VEGETATION (those
species defined as EXOTIC VEGETATION by the
Collier County Land DEVELOPMENT Code).
v. It shall be at the discretion of the County Manager
or his designee to allow for any deviation from the
above specified ratio.
b. In the event that identification of the species of trees is
impossible for any reason on the property where protected
trees were unlawfully removed, it shall be presumed that the
removed trees were of a similar species mix as those found
on ADJACENT properties.
c. The understory vegetation shall be restored to the area
from which protected trees were unlawfully removed. The
selection of plants shall be based on the characteristics of
the Florida Land Use, Covers and Form Classifications
System (FLUCCS) code. Shrubs, ground cover, and grasses
Page 126 of 235
shall be restored as delineated in the FLUCCS code. The
species utilized shall be with relative proportions
characteristic of those in the FLUCCS code. The exact
number and type of species required may also be based
upon the existing indigenous vegetation on the ADJACENT
property at the discretion of the County Manager or his
designee.
d. If the unlawful removal of trees has caused any change in
hydrology, ground elevations or surface water flows, then the
hydrology, ground elevation or surface water flows shall be
restored to pre-violation conditions.
e. In the event of impending DEVELOPMENT on property
where protected trees were unlawfully removed, the
restoration plan shall indicate the location of the replacement
stock consistent with any approved plans for subsequent
DEVELOPMENT. For the purposes of this ordinance,
impending DEVELOPMENT shall mean that a developer has
made application for a DEVELOPMENT ORDER or has
applied for a BUILDING permit.
f. The County Manager or his designee may, at his
discretion, allow the replacement stock to be planted off-site
where impending DEVELOPMENT displaces areas to be
restored. In such situations, off-site plantings shall be on
lands under the control of a public land and/or agency. The
off-site location shall be subject to the approval of the
County Manager or his designee.
g. The donation of land and/or of funds under the control of
a public agency may be made if none of the above are viable
alternatives. This donation of land and/or funds shall be
equal to or greater than the total sum it would cost to restore
the area in which the violation occurred. (Preservation of
different contiguous habitats is to be encouraged.)
3. CORRECTIVE MEASURES FOR ENVIRONMENTAL
VIOLATIONS.
a. MITIGATION
i. The person(s) responsible for violations of the
environmental sections of the Land DEVELOPMENT
Code shall be notified according to section 8.08.00
and shall have 30 days to prepare a mitigation plan
that is acceptable to the county to resolve the
violation. The mitigation plan shall be submitted to
DEVELOPMENT services staff for review and
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comment. Once the plan is accepted by
DEVELOPMENT services, the responsible party shall
have 15 days to complete the mitigation unless other
arrangements are specified and agreed upon in the
mitigation plan.
ii. Mitigation shall restore the area disturbed
unless the responsible party demonstrates that off-
site mitigation will successfully offset the impacts
being mitigated for. Off-site mitigation shall be on
lands under the control of a public agency, or
identified for public acquisition, or on lands protected
from tutu re DEVELOPMENT. Ratios for off-site
mitigation shall be as follows: two to one for uplands
and three to one for WETLANDS.
iii. The selection of plants to be used shall be
based on the characteristics of the Florida Land Use,
Covers and Forms Classification System (FLUCCS)
code. The exact number and type of species required
may vary depending on the existing indigenous
vegetation found at the site.
iv. If only trees were removed and the understory
vegetation was not disturbed, then replacement of the
dbh (DIAMETER AT BREAST HEIGHT) in inches
removed shall be required.
v. If the violation has caused any change in
hydrology, ground elevations or surface water flows,
then the hydrology, ground elevation or surface water
flows shall be restored to pre-violation conditions.
vi. If the violation consists of clearing of
residential, single-family (RSF), village residential
(VR) or estates (E) or other non agricultural, non
commercially zoned land in which single-family LOTS
have been subdivided for single-family use only, and
one acre or less of land is being cleared by the
property owners themselves in advance of issuance
of BUILDING permit, the County Manager or his
designee may, in lieu of restoration or donation,
impose a penalty fee in the amount equal to double
the cost of a typical BUILDING permit.
b. REQUIREMENTS FOR A MITIGATION PLAN.
i. A copy of the deed, contract for sale or
agreement for sale or a notarized statement of
Page 128 of 235
ownership clearly demonstrating ownership and
control of the subject LOT or PARCEL of land, or
permission from the landowner to mitigate on his or
her site shall be provided.
ii. The mitigation plan shall be prepared by a
person who meets or exceeds the credentials
specified in section 10.02.02 A.3.
iii. The, plan shall designate the person's name,
address and telephone number that prepared the
plan.
iv. A north arrow, scale, and date shall be
required on the plan.
v. Existing vegetation areas shall be shown.
vi. The proposed planting areas shall be clearly
defined.
vii. The plan shall denote the number and location
of each plant to be planted, or for the case of ground
covers, show them in groupings. Large mitigation
areas may be designated by a more simplified
method.
viii. All plants proposed shall be denoted by genus,
species, and the common name.
ix. The plan shall identify what is ADJACENT to
the mitigation areas, i.e. existing forest (provide type),
farm, natural BUFFER area, lake, etc.
c. SITE-SPECIFIC REVIEW CRITERIA.
i. All plants used for mitigation shall be native
Florida species.
ii. All plants used for mitigation shall be from a
legal source and be graded Florida No.1 or better, as
graded by the Florida Department of Agriculture and
Consumer Services' Grades and Standards for
Nursery Plants (Charles S. Bush, 1973, Part 1 and 2).
All plants not listed in Grades and Standards for
Nursery Plants shall conform to a Florida No. 1 as to:
(1) health and vitality, (2) condition of foliage, (3) root
system, (4) freedom from pest or mechanical
damage, (5) heavily branched and densely foliated
according to the accepted normal shapes of the
species or sport. Trees shall be a minimum of 14 feet
Page 129 of 235
-- -.-.- ---.."
tall at the time of planting and shall have a minimum
dbh (DIAMETER AT BREAST HEIGHT) of three
inches.
iii. The plants proposed for planting must be
temperature tolerant to the areas they are to be
planted in. The South Florida Water Management
District's Xeriscape Plant Guide II shall be used in
determining the temperature tolerances of the plants.
iv. The existing soil types shall be identified.
Plants proposed for planting shall be compatible with
the soil type. The 1954 or the 1992 soil survey of
Collier County shall be used to determine if the plants
proposed for planting are compatible with the existing
or proposed soil types.
v. The source and method of providing water to
the plants shall be indicated on the plan and subject
to review and approval.
vi. A program to control PROHIBITED EXOTIC
VEGETATION (section 3.05.07) in the mitigation area
shall be required.
d. COUNTY REVIEW OF MITIGATION PLAN
i. DEVELOPMENT services will review the plan
based on, but not limited to, the preceding
requirements within 15 days. Additional relevant
information may be required when requested.
ii. Should the county reject the mitigation plan,
the reasons will be provided so the APPLICANT can
correct the plan and resubmit for county review.
e. MONITORING AND REPLANTING.
i. A monitoring program shall be required that
would determine the survivability by species of the
plants used in the mitigation effort. A minimum of five
reports will be submitted. Reports shall be due at one-
year intervals.
ii. Eighty percent survival by species shall be
required for a five-year period unless other
Page 130 of 235
arrangements are specified and agreed upon in the
mitigation plan. Replanting shall be required each
year if the mortality exceeds 20 percent of the total
number of each species in the mitigation plan.
iii. The soil and hydrological conditions for some
mitigation areas may favor some of the plants and
preclude others. Should the county and/or consultant
find that over time, some of the species planted
simply don't adjust, the mitigation. plan shall be
reevaluated by both the consultant and the county,
and a revised plan will be instituted. This condition
shall not apply to all mitigation areas and each case
will be evaluated individually, based on the supported
[supporting] data submitted by the mitigator.
f. DONATION OF LAND OR FUNDS. The donation of land
and/or funds to a public agency may be made if none of the
above are viable aitematives. This donation of land and/or
funds shall be equal to or greater than the total sum it would
cost to mitigate for the violation according to sections .
10.02.06 E.3.a. including consulting fees for design, and
monitoring, installation costs, vegetation costs, earth moving
costs, irrigation costs, replanting and exotic removal.
4. Appeal from enforcement. Any person who feels aggrieved by
the application of this section, may file, within 30 days after said
grievance, a petition with the County Manager or his designee, to
have the case reviewed by the Collier County Board of County
Commissioners.
5. Suspension of permit requirement. The board of county
commissioners may, by emergency resolution, suspend the permit
requirement for vegetation removal in the aftermath of a natural
disaster, such as a hurricane, when the following conditions are met
and contained in the resolution:
a. The suspension is for a defined period of time not to
exceed 30 days or as otherwise set by the board of county
commissioners.
b. The vegetation removal is necessitated by disaster
related damage.
c. The suspension is not applicable to vegetation within
habitats containing listed species (as regulated in section
3.04.00).
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,..~ .-..-...- --
F. Wel/field CONDITIONAL USE permit and standards
1. Petition.
a. Owners/operators of a proposed regulated
DEVELOPMENT for which a wellfield CONDITIONAL USE
permit will be required to locate the proposed regulated
DEVELOPMENT within any zone, may petition the board for
a wellfield CONDITIONAL USE permit exempting the
DEVELOPMENT from the prohibitions set forth in section
3.06.12 hereof, as provided in this section.
b. Owners/operators shall submit the application for wellfield
CONDITIONAL USE permit to the county manager on forms
prepared by the department.
2. Criteria.
a. The owner/operator shall demonstrate by the
preponderance of substantial competent evidence that:
i. The DEVELOPMENT has or can satisfy all
requirements for a certificate to operate;
ii. Special or unusual circumstances exist which are
peculiar to the particular DEVELOPMENT which are
different than any other regulated DEVELOPMENT;
iii. Adequate technology exists which will isolate the
DEVELOPMENT from the surficial and intermediate
AQUIFER systems; or
iv. Site-specific hydrogeologic data provides
reasonable assurances that the existing water quality
in surficial and intermediate AQUIFER systems will
not be degraded as a result of the DEVELOPMENT.
3. Conditions of wellfield CONDITIONAL USE permit.
a. In granting the wellfield CONDITIONAL USE permit, the
board may prescribe any additional conditions and
safeguards which it deems necessary to protect the existing
well(s), future identified wel/(s) or future' potable water supply
resources.
Page 132 of 235
b. The wellfield CONDITIONAL USE permit shall
incorporate a certificate to operate, which must be renewed
or transferred in the same manner as any other certificate to
operate as provided in section 10.04.01 B. hereof.
4. Prohibited wellfield CONDITIONAL USE permits.
a. No wellfield.~ONDITIONAL USE permit may be
construed or otherwise interpreted to legalize a regulated
DEVELOPMENT existing on the effective date of this section
[November 13, 1991], which is not in compliance with
applicable local, state or federal law or regulations. No
wellfield CONDITIONAL USE permit or other approval under
this section shall be knowingly granted to an existing
regulated DEVELOPMENT which is not in compliance with
all other applicable local, state or federal law or regulations.
5. Administrative review of wellfield CONDITIONAL USE permit
petition.
a. The county manager shall review the petition for wellfield
CONDITIONAL USE permit for compliance with sections
3.06.12 and 3.06.13 of this division in the same procedural
manner as for a certificate to operate.
b. If the petition is found not to be in compliance, the county
manager shall advise the owner/operator of the noted
deficiencies or required information by certified mail return
receipt requested to the address listed in the petition.
c. Upon a determination by the county manager that the
petition is in compliance, or upon receipt of written notice
from the petitioner that the petition should be processed as
is, the county manager shall render a written
recommendation for approval, approval with conditions, or
denial of the wellfield CONDITIONAL USE permit.
6. Approval by the board.
a. Wellfield CONDITIONAL USE permits which authorize
DEVELOPMENT prohibited in the wellfield risk management
special treatment protection overlay zones, are subject to
careful review and shall include public notice and hearing as
set forth in section 10.04.11 A. hereof. .
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b. All petitions for wellfield CONDITIONAL USE permits
shall be heard by the board as provided in section 10.04.11
A. hereof.
7. Wellfield CONDITIONAL USE permit for public or quasipublic
DEVELOPMENT.
a. The board, after public hearing, may find that certain
existing or proposed public or quasi public regulated
DEVELOPMENT is exempted from compliance with this
section and may issue a wellfield CONDITIONAL USE
permit upon finding that:
i. The public benefit to be realized by the proposed or
existing regulated DEVELOPMENT outweighs the
purpose of this section; and
ii. The proposed or existing regulated
DEVELOPMENT cannot, for economic or scientific
reasons, be relocated elsewhere.
b. The scope of any wellfield CONDITIONAL USE permit
granted under this section shall be narrow to avoid
derogation of the purpose of this section and the board may
impose special conditions of approval to ensure
implementation of the intent of the same.
c. Petitions shall be processed, approved, approved with
conditions or denied as any other wellfield CONDITIONAL
USE as provided in section 10.02.06 F. hereof.
G. Temporary Use Permit Requirements and Issuance.
1. Purpose and intent. Based upon the nature of some uses, their
impact on ADJACENT uses, their COMP A TIBILlTY with
surrounding properties, and the length of time a use is intended to
function, there is an identified need to allow certain temporary uses
within a DEVELOPMENT site, and to provide for other types of
temporary uses such as special events, sales and promotions. It is
the intent of this section to classify temporary uses and to provide
for their permitting.
2. General. The County Manager or his designee, may grant a
temporary use permit for requests that demonstrate compliance
with the intent of this section and Chapter 5 of the Code. Approvals
for such requests shall be based upon, but not limited to, the
APPLICANT'S description of the temporary use, the intended
duration of the use, hours of operation and the impacts of the
proposed temporary use on ADJACENT properties. All applications
for a temporary use permit shall include a conceptual site plan or a
Page 134 of 235
site DEVELOPMENT PLAN (SOP) as provided for within this
section. The appropriate required plan and temporary use permit
application shall be submitted and approved prior to or
simultaneously with the submission of a BUILDING permit
application, if required.
3. Film Permit
a. Permit required. A permit shall be required for the following
activities taking place, in conjunction with com.mercial motion
picture, film, television, video or still photography production: the
use of set scenery, temporary STRUCTURES or other
apparatus, special effects, or closure of public STREETS or
accessways. This Code shall not apply to bona fide newspaper,
press association, newsreel or television news media personnel,
nor to properties that have been zoned to allow motion
picture/television filming as a permitted use.
b. Application for permit; contents. Any person, firm, corporation,
association or governmental entity desiring to obtain a permit
shall apply to the County Manager or his designee; and said
application shall include but not be limited to the following.
i. Name, address (including local address) and telephone
number of APPLICANT.
ii. Proof of comprehensive general liability insurance coverage
in the amount of at least $1,000,000.00 combined single
limit, with Collier County named as an additional insured.
The APPLICANT shall provide to the County Manager or his
designee a certificate of insurance evidencing that said
insurance is in effect and certifying that Collier County be
given 30 days' notice prior to the expiration or cancellation of
the policy.
Hi. Special effects to be utilized, especially incendiary or
explosive devices, with proof of not less than $5,000,000.00
comprehensive general liability insurance combined single
limit with Collier County listed as additional insured. In
addition, the application shall list the person in charge
(pyrotechnician) of such special effects, together with his
qualifications and license from the applicable federal and/or
state agencies, and authorization from the local fire district
permitting the event.
iv. Locations, dates and hours of filming.
Page 135 of 235
v. The following information is required by the County Manager
or his designee, unless waived:
a) A conceptual plan indicating the location of film events
and parking facilities provided.
b) Plans for construction or utilization of STRUCTURES on
subject site(s).
c) Number, type and location of sanitation facilities to be
provided. Plans for disposal of refuse and debris, and
restoration of the site(s) to its original condition.
d) A description of any lighting facilities that would be
necessary and/or the need to disconnect any public
lighting.
e) A description of any use which may encroach into
environmentally sensitive areas.
f) Approximate number and type of vehicles and/or
equipment to be used and any special parking
requirements. The number of personnel to be on location
with the production.
g) Necessity for closures of public STREETS or
SIDEWALKS and for what duration and location.
h) An indication of any utilization of aircrafUfixed-wing,
helicopter. or balloons at the subject site(s).
i) List of county personnel or equipment requested, and an
agreement to pay for extraordinary services provided by
Collier County.
j) Provisions for traffic control, fire safety and security
precautions.
k) If located on private property, not under the county's
ownership or control, a written notarized agreement from
the property owner to allow the filming to occur on his
property.
I) Additional information requested to assist Collier County
in obtaining future film production.
Page 136 of 235
c. Insurance requirements. The APPLICANT shall maintain in
force at all times during the permit period, a comprehensive
general liability policy with limits other than those described in
sections 10.02.06 G.3.b.ii. and b.iii. above of this Code as
determined by the risk management director upon a review of
the particular circumstances involved. Said APPLICANT shall
provide to the County Manager or his designee a certificate of
insurance as evidenced that said insurance is in existence and
certifying that Collier County is a named insured, and that
Collier County be given 30 days' notice prior to the expiration or
cancellation of the policy. Any additional insurance requirements
for filming on private property will be at the discretion of the
affected property owner.
d. Indemnification. The APPLICANT shall be required to indemnify
and hold harmless Collier County, its officers, agents and
employees from and against all claims, suits, actions, damages,
liabilities, expenditures or causes of action arising out of or
occurring during the activities of APPLICANT under a permit
issued hereupon in the form and manner provided by the
County Manager or his designee.
e. Permit fee. No permit fee shall be required. Any additional
license or user fees which have been established for county-
owned land or facilities shall be in effect.
f. Issuance of permit. Upon presentation of the completed
application, proof of insurance, payment of permit fee, surety
bond or cash payment in lieu of the bond and review by the
County Manager or his designee, the permit may be issued. If
the County Manager or his designee determines that the use of
public or private property could affect the public's use of the
property, or have potential ADVERSE IMP ACTS on surrounding
properties, then he may require that the permit application be
scheduled for a public hearing before the board of county
commissioners. The special circumstances could include, but
are not limited to, closure of a public STREET or accessway;
use of special effects, including incendiary or explosive devices;
a large production crew or crowd control; and increased liability
insurance required. The notice for the public hearing shall be
advertised in a newspaper of general circulation in the county at
least one time 15 days prior to the hearing.
g. Suspension of permit. Failure to comply' with the terms and
conditions of the temporary use permit once issued shall be
grounds for immediate suspension of the permitted activity until
Page 137 of 235
--~.
such time as the noncompliance is remedied. The suspension
shall be initially communicated verbally, followed by a written
suspension order; and continued failure to comply with the
terms and conditions of the permit may result in revocation of
the permit.
h. Costs for extraordinary services. The county shall recover direct
costs for extraordinary services rendered in connection with a
production. Such costs shall include, but not limited to, charges
for personnel and/or equipment committed in support of the
production which are outside the normal scope of government
services. Based on the information contained in the permit
application, an estimate of these costs will be provided to the
APPLICANT prior to issuance of this permit. The county may
require prepayment of all or a portion of these estimated costs
prior to issuance of the permit. At the conclusion of the
production, actual costs below or in excess of the estimates will
be refunded by the county or paid by the APPLICANT,
respectively.
i. Surety bond. A surety bond in an amount to be determined by
Collier County and issued by a company authorized to issue
bonds in Florida or cash payment in lieu of the bond may be
required by the County Manager or his designee to provide for
cleanup and/or restoration of the subject site(s).
4. Temporary sports events, religious events, and community events.
a. In the case of sports events, religious events, community
events, or other similar events sponsored by profit, nonprofit,
charitable, civil, or membership organizations the County
Manager or his designee may grant nonrenewable permits of up
to two weeks' duration, such that during any calendar year the
sum total of all permits for such events does not exceed 28
days. Temporary permits may be allowed for an additional
period of up to four weeks when approved by the board of
county commissioners. Such special approval shall be subject
to stipulations or additional constraints deemed necessary and
appropriate to the request. Such stipulations or constraints
deemed necessary by the board of county commissioners shall
be noted as conditions to the issuance of said permits; and the
permittee shall be required to SIGN a notarized agreement to
said stipulations or constraints.
b. Temporary permits may, in support of the use being permitted,
include the placement of SIGNS, merchandise, STRUCTURES
Page 138 of 235
and equipment, and a MOBILE HOME as an office, but not for
residency. If the temporary use is not discontinued upon
expiration of the permit, it shall be deemed a violation of the
Land DEVELOPMENT Code and shall be subject to the
penalties therein.
c. Temporary permits in this category shall be restricted to those
zoning districts in whiq,~ the use would normally be permitted,
unless otherwise approved by the board of county
commissioners via a public petition request.
d. The County Manager or his designee shall accept without fee,
temporary use permit applications for sports events, religious
events, community events, or other similar events, upon
presentation of documentation that the sponsor of the event is a
bona fide nonprofit organization and the event is intended to
benefit the community at large, a specific group of individuals, or
the bona fide nonprofit organization. Two such events per
calendar year per organization are eligible for this exemption.
H. Coastal Construction SETBACK LINE Permits.
The following activities seaward of the coastal construction SETBACK
LINE shall not require a hearing by the board of county commissioners,
but shall require a coastal construction SETBACK LINE permit. Such
permit shall be reviewed and approved administratively by site
DEVELOPMENT review environmental staff. The appropriate fee as set
by county resolution shall be submitted with permit application.
1. Construction of a DUNE walkover when a Florida Department of
Environmental Protection (FDEP) permit has been obtained and the
following criteria have been met.
a. A maximum width of six feet.
b. A minimum separation of 200 feet between walkovers when two
or more walkovers are proposed on a single PARCEL.
2. Creation, restoration, re-vegetation or repair of the DUNE or other
natural area seaward of the CCSL on an individual PARCEL of
land, when a Florida Department of Environmental Protection
(FDEP) permit has been obtained and the following criteria have
been met.
a. Sand used must be compatible in color and grain size to existing
sand subject to FDEP requirements.
Page 139 of 235
_.~
b. Plants utilized shall be 100 percent native coastal species.
c. Restoration plans shall be designed by an individual with
expertise in the area of environmental sciences, natural
resource management or landscape architecture. Academic
credentials shall be a bachelors or higher degree. Professional
experience may be substituted for academic credentials on a
year for year basis, provided at least two years professional
experience are in the State of Florida.
3. Penalty and civil remedies.
c. Penalty for a violation of section 9.04.06 . Notwithstanding the
penalties set forth elsewhere in this Code, the following
violations of section 9.04.06 H., which occur during sea turtle
nesting season:
i. Setting up of any STRUCTURES , prior to daily sea turtle
monitoring, 2) failing to remove all STRUCTURES from the
BEACH by 9:30 p.m., or 3) failing to have lights, so required,
turned off by 9:00 pm., are subject to the following penalties:
First violation: Up to $1,000.00 fine.
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
ii. BEACH front property owners who leave BEACH furniture
unattended on the BEACH between 9:30 pm and the time of the
next day's sea turtle monitoring, are subject to the following
penalties:
First violation: Written notice of ordinance violation.
Second violation: Up to $1,000.00 fine.
Third violation: $2,500.00 fine.
More than three violations: $5,000.00 fine.
I. Vehicle on the BEACH Regulations
1. Unlawful to drive on sand DUNES or BEACH or to disturb sand
DUNE.
It shall be unlawful:
Page 140 of 235
a To operate or cause to be operated a hand-, animal-, or engine-
driven wheel, track or other vehicle or implement on, over or
across any part of the sand DUNES, hill or ridge nearest the
gulf, or the vegetation growing thereon or seaward thereof, or to
operate or drive such a vehicle on the area seaward thereof,
commonly referred to as "the BEACH" within Collier County,
Florida.
b. To ALTER or cause to be altered any sand DUNE or the
vegetation growing thereon or seaward thereof; make any
excavation, remove any material, trees, grass or other
vegetation or otherwise ALTER existing ground elevations or
condition of such DUNE without first securing a permit as
provided for in this Code.
2. Exceptions; permit.
All permits to allow operation of vehicles on county BEACHES shall
expire on April 30, of each year, to coincide with the beginning of sea
turtle nesting season. During sea turtle nesting season, May 1 through
October 31, of each year, all permits shall be subject to section
10.02.06 1.3 below.
a. Sheriff, city, state and federal police, emergency services, and the
Florida Fish and Wildlife Conservation Commission vehicles
operated or authorized by officers of these departments operating
under orders in the normal course of their duties shall be exempt
from the provisions of this division.
b. Vehicles which must travel on the BEACHES in connection with
environmental maintenance, conservation, environmental work,
and/or for purposes allowed by Collier County Ordinance No. 89-
16, providing that the vehicle(s) associated with the permitted uses
of Collier County Ordinance No. 89-16 remain stationary, except to
ACCESS and egress the BEACH, shall be exempt from the
provisions of this division if a permit has been obtained from the
environmental services department director or his designee, and
said [permit] is prominently displayed on the windshield of such
vehicle and kept with the vehicle and available for inspection. The
procedure for obtaining such a permit shall be by application to the
environmental services department director in writing stating the
reason or reasons why it is necessary for such vehicle or vehicles
to be operated on the BEACHES in connection with an
environmental maintenance, conservation, environmental purpose
and/or for purposes allowed by Collier County Ordinance No. 89-
Page 141 of 235
_ ."". -,_._--
16, taking into consideration the vehicular use restriction previously
stated as a criterion for an exception, and permit for such vehicle or
vehicles shall be issued by the environmental services department
director if the environmental services department director is
satisfied that a lawful and proper environmental maintenance,
conservation, environmental purpose and/or purpose as described
above and allowed by Collier County Ordinance No. 89-16 will be
served thereby.
c. Baby buggies (perambulators), toy vehicles, toy wagons,
wheelchairs or similar devices to aid disabled or non-ambulatory
persons shall be exempt from the provisions of this division.
d. Vehicle-on-the-BEACH permits issued in conjunction with special or
annual BEACH events, in conjunction with permanent concession
facilities, or for other routine functions associated with permitted
uses of commercial HOTEL property. Vehicles which are used in
conjunction with functions on the BEACH, are exempt from the
provisions of this division if a vehicle-on the-BEACH permit has
been granted by the environmental services director or his
designee. All permits issued are subject to the following conditions
and limitations:
i. The use of vehicles shall be limited to set-up and removal of
equipment for the permitted function.
ii. Said permits shall be prominently displayed on the vehicle and
kept with the vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include A TVs,
non-motorized handcarts or dollies, and small utility wagons,
which may be pulled behind the ATVs.
iv. All vehicles shall be equipped with large pneumatic tires having
a maximum ground-to-tire pressure of ten PSI (pounds per
square inch), as established by the Standard PSI Formula.
Calculations for tire pressure using the standard formula shall
be included with each permit application.
v. Permits shall only be issued for A TVs when environmental
services department staff has determined that: 1) evidence has
been provided that there is a need to move equipment, which,
due to the excessive weigh and distance of equal to or greater
than 200 feet, would be prohibitive in nature to move with, push
carts or dollies; or 2) a limited designated work area has been
established at the foot of the DUNE walkover for loading and
Page 142 of 235
unloading and the A TV use is restricted to that limited identified
area.
vi. When not in use all vehicles shall be stored off the BEACH.
vii. During sea turtle nesting season, the following shall apply: 1)
no vehicle may be used on the BEACH until after completion of
daily sea turtle monito.,ring conducted by personnel with prior
experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit; 2) there shall be no use of vehicles for set
up of chairs or HOTEL or commercial BEACH equipment, etc.
until after the BEACH has been monitored; 3) one
ingress/egress corridor onto and over the BEACH,
perpendicular to the SHORELINE from the owner's property,
shall be designated by the Collier County Environmental
Services Department (ESD); additional corridors may be
approved when appropriate and necessary as determined by
the ESD; a staging area may be approved for large events as
determined by the ESD and 4) except for designated corridors,
all motorized vehicles shall be operated below the mean high
water line (MHW), as generally evidenced by the previous high
tide mark. If at anytime ESD determines that the designated
corridor may cause ADVERSE IMPACTS to the BEACH,
nesting sea turtles, or the ability of hatchlings to traverse the
BEACH to the water, an alternative corridor shall be designated.
If no alternative is available, as determined by the ESD, the
veh icle-on-the-BEACH permit may be suspended for the
remaining period of the sea turtle season.
vii. These vehicles may not be used for transportation of people or
equipment throughout the day. The permit shall designate a
limited time for equipment set up and for the removal of the
equipment at the end of the day.
e. Permit for construction (excluding BEACH renourishment and
maintenance activities).
Prior to beginning construction in proximity to a sand DUNE for any
purpose whatsoever, including conservation, a temporary protective
fence shall be installed a minimum of ten feet landward of the DUNE. It
shall be unlawful to cause or allow construction and related activity
seaward of such fence. Each permit for work shall clearly indicate the
provisions of this Code and the protective measures to be taken and
shall be subject to the provisions of section 10.02.06 1.3.
Page 143 of 235
~-~-"- ~---
f. BEACH raking and mechanical BEACH cleaning.
I. BEACH raking and mechanical BEACH cleaning shall be
prohibited on undeveloped coastal barriers unless a state permit
is obtained.
ii. BEACH raking and mechanical BEACH cleaning must comply
with the provisions of section 10.02.06 I. of this Chapter.
iii. BEACH raking and mechanical BEACH cleaning shall not
interfere with sea turtle nesting, shall preserve or replace any
NATIVE VEGETATION on the site, and shall maintain the
natural existing BEACH profile and minimize interference with
the natural BEACH dynamics and function.
iv. BEACH raking and mechanical cleaning shall not occur below
MHW on the wet sand area of BEACH which is covered by high
tide and which remains wet during low tide. BEACH raking and
mechanical BEACH cleaning shall not operate or drive within 15
feet of DUNE vegetation and endangered plant and animal
communities, including sea turtle nests. Surface grooming
equipment that does not penetrate the sand may operate or
drive to within ten feet of DUNE vegetation and endangered
plant and animal communities, including sea turtle nests.
v. BEACH raking and mechanical BEACH cleaning devices shall
not disturb or penetrate BEACH sediments by more than the
minimum depth necessary, not to exceed two inches, in order to
avoid a potential increase in the rate of erosion.
vi. Vehicles with greater than ten psi ground to tire pressure, shall
not be used to conduct BEACH raking. Vehicles with less than
ten psi ground to tire pressures, in conjunction with the
attachment of a screen, harrow drag or other similar device
used for smoothing may be used to conduct BEACH raking
upon approval of the ESD or designee.
vii. Mechanical BEACH cleaning involving sand screening or a
combination of raking and screening shall only be conducted on
an "as needed" basis as determined by the public utilities
engineering department and the environmental services
department. Necessity will include when large accumulations of
dead and dying sea-life or other debris remains concentrated on
the wrack-line for a minimum of two tidal cycles following a
storm event, red tide or other materials which represent a
hazard to public health.
Page 144 of 235
g. Vehicles associated with BEACH nourishment and inlet
maintenance.
i. Heavy equipment used in conjunction with BEACH nourishment,
inlet maintenance, to accomplish FDEP permit requirements, or
other unusual circumstance as determined by the CDES
administrator, which ca,nnot meet the standard PSI, will require
compaction mitigation. Mitigation shall be accomplished by
tilling to a depth of 36 inches or other FDEP approved methods
of decreasing compaction. BEACH tilling shall be accomplished
prior to April 15 following construction and for the next two years
should compaction evaluations exceed state requirements.
ii. Utilization of equipment for the removal of scarps, as required by
FDEP, shall be limited to an ingress/egress corridor and a zone
parallel to the MHW. Scarp removal during sea turtle season
shall have prior FDEP approval and coordinated through the
FDEP, FWCC, CCESD and the person possessing a valid Fish
and Wildlife Conservation Commission Marine Turtle Permit for
the area.
iii. No tilling of the BEACHES shall occur during sea turtle nesting
season.
3. Operation of vehicles on the BEACH during marine turtle nesting
season.
The operation of motorized vehicles, including but not limited to self-
propelled, wheeled, tracked, or belted conveyances, is prohibited on
coastal BEACHES above mean high water during sea turtle nesting
season, May 1 to October 31, of each year, except for purposes of law
enforcement, emergency, or conservation of sea turtles, unless such
vehicles have a valid permit issued pursuant to this division. Permits
issued pursuant to this division are not intended to authorize any
violation of F .S. S 370.12, or any of the provisions of the Endangered
Species Act of 1973, as it may be amended.
a. All vehicle use on the BEACH during sea turtle nesting season,
May 1 to October 31, of each year must not begin before
completion of monitoring conducted by personnel with prior
experience and training in nest surveys procedures and possessing
a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit.
4. Penalties.
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-...-- --
Notwithstanding the penalties set forth elsewhere in this Code,
violations of this division are subject to the following penalties:
a. Violations of section 10.02.06 1.2.f above which do not occur
during sea turtle nesting season, Le., occur outside of sea turtle
nesting season, are subject to up to a $500.00 fine per violation.
b. Minor infractions of section 10.02.06 1.2.f above which occur
during sea turtle nesting season are subject to up to a $500.00
fine per violation. Minor infractions are defined as any activity
that will not cause immediate harm to sea turtles or their nesting
activity; and include, but are not limited to, the following: 1) use
of an unpermitted vehicle; 2) vehicles being operated: b a)
without permit being available for inspection; or b) with improper
tire pressure.
c. Major infractions of section 10.02.06 1.2.f above which occur
during sea turtle nesting season, are subject to the following
penalties. Major infractions are defined as any activity that may
cause immediate harm to sea turtles or their nesting activities;
and include, but are not limited to, the following: 1) use of a
vehicle prior to daily sea turtle monitoring, 2) use of a vehicle
after 9:30 pm, or 3) use of a vehicle outside of a designated
corridor.
First violation: $1000.00 fine and a suspension of permitted
activities, including but not limited to: BEACH raking or
mechanical cleaning activities, for 70 days or the balance of sea
turtle nesting season, whichever is less.
Second violation: $2,500.00 fine and a suspension of permitted
activities, including but not limited to: BEACH raking or
mechanical cleaning activities, for 70 days or the balance of sea
turtle nesting season, whichever is less.
Third or more violation: $5,000.00 fine and a suspension of
permitted activities, including but not limited to: BEACH raking
or mechanical cleaning activities, for 70 days or the balance of
sea turtle nesting season, whichever is less.
d. Violations of section 10.02.06 I., which do not occur during sea
turtle nesting season, Le., occur outside .of sea turtle nesting
season, are subject to up to a $500.00 fine per violation.
e. Violations of sections 10.02.06 I. which occur during sea turtle
Page 146 of 235
nesting season are subject to the following penalties:
Minor infractions are subject to up to a $500.00 fine per violation.
Minor infractions are defined as any activity that will not cause an
immediate harm to sea turtles or their nesting activity; and' include,
but are not limited to, the following: 1) use of an unpermitted
vehicle; 2) vehicles being operated: a) with permit not available for
inspection; or b) with improper tire pressure.
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
No BUILDING or land ALTERATION permit or certificate of occupancy
shall be issued except in accordance with the Collier County Adequate
Public Facilities Ordinance, Ord. No. 90-24 (Chapters 3, 6 and 10 of this
Code) and Rule 9J-5.0055, F.A.C.
Regulatory program: review of DEVELOPMENT to ensure adequate public
facilities are available, including the Transportation CONCURRENCY
Management System.
A. General. In order to ensure that adequate potable water, sanitary
sewer, SOLID WASTE, drainage, park and road pUblic facilities are
available concurrent with when the impacts of DEVELOPMENT occur on
each public facility , Collier County shall establish the following
DEVELOPMENT review procedures to ensure that no DEVELOPMENT
ORDERS subject to CONCURRENCY regulation are issued unless
adequate public facilities are available to serve the proposed
DEVELOPMENT.
B. Exemptions. The following DEVELOPMENT ORDERS and
DEVELOPMENT shall be exempt from the terms of this section:
1. All valid, unexpired final DEVELOPMENT of regional impact
(DRI) DEVELOPMENT ORDERS which were issued prior to
adoption of the Collier County Growth Management Plan on
January 10, 1989, except where:
a. DEVELOPMENT conditions or stipulations applicable to
CONCURRENCY, or the provision of adequate public
facilities concurrent with the impacts of DEVELOPMENT,
exist in the DRI DEVELOPMENT ORDER;
b. Substantial deviations are sought for a DRI
DEVELOPMENT ORDER, and then, this section shall apply
only to those portions of the DEVELOPMENT for which the
deviation is sought;
Page 147 of 235
._w. ._._ .-.,.+......-.
-.
c. The county can demonstrate pursuant to F.S. 9 380.06,
that substantial changes in the conditions underlying the
approval of the DEVELOPMENT ORDER have occurred or
the DEVELOPMENT ORDER was based on substantially
inaccurate information provided by the developer or that the
application of this section to the DEVELOPMENT ORDER is
clearly established to be essential to the public health, safety
and welfare; or
d. The new requirements would not so change or ALTER a
ORI DEVELOPMENT ORDER that they would materially or
substantially affect the developer's ability to complete the
DEVELOPMENT authorized by the ORI DEVELOPMENT
ORDER.
2. Construction of public facilities that are consistent with the
Collier County Growth Management Plan.
3. Temporary construction and DEVELOPMENT permits and any
subsequent renewals not to exceed a cumulative period of one
year.
4. DEVELOPMENT ORDERS permitting replacement,
reconstruction or repair of existing DEVELOPMENT consistent with
all elements of the growth management plan.
5. Temporary use permits and any subsequent renewals not to
exceed a cumulative period of one year.
6. DEVELOPMENTS that claim vested status from the Growth
Management Plan adopted January 10, 1989 and its implementing
regulations, and properly obtains, a determination of vested rights
for a certificate of public facility adequacy in accordance with the
provisions of this section, as follows:
a. Application. An application for determination of vested
rights for a certificate of public facility adequacy shall be
submitted in the form established by the Community
DEVELOPMENT and Environmental Services ~ivision
Administrator. An application fee in an amount to be
determined by the Board of County Commissioners shall
accompany and be part of the application. The application
shall, at a minimum, include:
Page 148 of 235
i. Name, address, and telephone number of the
owner and authorized APPLICANT if other than the
owner;
ii. STREET address, legal description, and acreage
of the property; and
iii. All factu~1 information and knowledge reasonably
available to the owner and APPLICANT to address
the criteria established in subsection.1 0.02.07 B.6.g.
of this Code.
b. Determination of completeness. After receipt of an
application for determination of vested rights for a certificate
of public facility adequacy, the Community DEVELOPMENT
and Environmental Services Division Administrator shall
determine whether the application submitted is complete. If
he determines that the application is not complete, the
Community DEVELOPMENT and Environmental Services
Division Administrator shall notify the APPLICANT in writing
of the deficiencies. The Community DEVELOPMENT and
Environmental Services Division Administrator shall take no
further steps to process the application until the deficiencies
have been remedied.
c. Review and determination or recommendation by
Community DEVELOPMENT and Environmental Services
Division Administrator and the County Attorney. After receipt
of a completed application for determination of vested rights
for a certificate of public facility adequacy, the Community
DEVELOPMENT and Environmental Services Division
Administrator and the County Attorney shall review and
evaluate the application in light of all of the criteria in section
10.02.07 B.6.g. Based on the review and evaluation, the
Community DEVELOPMENT and Environmental Services
Division Administrator and the County Attorney shall prepare
a written recommendation to the hearing officer that the
application should be denied, granted or granted with
conditions by the hearing officer. Such recommendation
shall include findings of fact for each of the criteria
established in section 10.02.07 B.6.g. to the extent that
information is represented or obtained or inclusion feasible
or applicable. If the Community DEVELOPMENT and
Environmental Services Division Administrator and the
County Attorney agree based on the review and evaluation
that the application for determination of vested rights for a
Page 149 of 235
~."-,-
certificate of public facility adequacy so clearly should be
granted or granted with conditions, then they may enter into
a written stipulated determination of vested rights for a
certificate of public facility adequacy with the owner, in lieu of
the written recommendation to the hearing officer and the
provisions in sections 10.02.07 B.6.d., 10.02.07 B.6.e. and
10.02.07 B.6.f. however, any such stipulated determination
shall be in writing, signed by the Community
DEVELOPMENT and Environmental Services Division
Administrator, the County Attorney and the owner, and shall
include findings of fact based on the criteria established in
section 10.02.07 B.6.g., conclusions of law for such criteria,
and the determination granting or granting with conditions, in
whole or in part, the vested rights for adequate public
facilities.
d. Review and determination of vested rights determination
for a certificate of public facility adequacy by hearing officer.
Upon receipt by the hearing officer of the application for
determination of vested rights for a certificate of public
facility adequacy and the written recommendation of the
Community DEVELOPMENT and Environmental Services
Division Administrator and the County Attorney, the hearing
officer shall hold a public hearing on the application. At the
hearing, the hearing officer shall take evidence and sworn
testimony in regard to the criteria set forth in section
10.02.07 B.6.g. of this Code, and shall follow the rules of
procedure set forth in F.S. 9 120.57(1 )(b), 4,6,7, and 8; F.S.
9 120.58(1)(a),(d) and (f); and F.S. 9 120.58(1)(b), only to
the extent that the hearing officer is empowered to swear
witnesses and take testimony under oath. The hearing
officer shall follow the procedures established for
administrative hearings in Rules 60Q-2.009, 2.017, 2.020,
2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except
as expressly set forth herein. The parties before the hearing
officer shall include the county, the owner or APPLICANT,
and the public. Testimony shall be limited to the matters
directly relating to the standards set forth in section 10.02.07
B.6.g. of this Code. The County Attorney shall represent the
county, shall attend the public hearing, and shall offer such
evidence as is relevant to the proceedings. The owner of
the property and its AUTHORIZED AGENTS, may offer such
evidence at the public hearing as, is relevant to the
proceedings and criteria. The order of presentation before
the hearing officer at the public hearing shall be as follows:
1) the county's summary of the application, written
Page 150 of 235
recommendation, witnesses and other evidence; 2) owner or
APPLICANT witnesses and evidence; 3) public witnesses
and evidence; 4) county rebuttal, if any; and 5) APPLICANT
rebuttal, if any.
e. Issuance of vested rights determination for a certificate of
public facility adequacy by hearing officer. Within 15 working
days after the completion of the public hearing under section
10.02.07 B.6.g. of this Code the hearing officer shall
consider the application for determination of vested rights for
a certificate of public facility adequacy, the recommendation
of the Community DEVELOPMENT and Environmental
Services Division Administrator and the County Attorney,
and the evidence and testimony presented at the public
hearing, in light of all of the criteria set forth in section
10.02.07 B.6.g. of this Code, and shall deny, grant, or grant
with conditions the application for determination of vested
rights for a certificate of public facility adequacy for the
property or properties at issue. The determination shall be in
writing and shall include findings of fact for each of the
applicable criteria established in section 10.02.07 B.6.g. of
this Code, conclusions of law for each of such criteria, and a
determination denying, granting, or granting with conditions,
in whole or in part, the vested rights for adequate public
facilities.
f. Appeal to the Board of County Commissioners. Within 30
days after issuance of the hearing officer's written
determination of vested rights for a certificate of public
facility adequacy, the County Attorney, the Community
DEVELOPMENT and Environmental Services Division
Administrator, or the owner or its authorized attorney or
agent, may appeal the determination of vested rights for a
certificate of public facility adequacy of the hearing officer to
the Board of County Commissioners. A fee for the
application and processing of an owner-initiated appeal shall
be established at a rate set by the Board of County
Commissioners from time to time and shall be charged to
and paid by the owner or its AUTHORIZED AGENT. The
Board of County Commissioners shall adopt the hearing
officer's determination of vested rights for a certificate of
public facility adequacy, with or without modifications or
conditions, or reject the hearing officer's determination of
vested rights for a certificate of public facility adequacy. The
Board of County Commissioners shall not be authorized to
modify or reject the hearing officer's determination of vested
Page 151 of 235
---- ~-,- ,~-_.
rights for a certificate of public facility adequacy unless the
Board of County Commissioners finds that the hearing
officer's determination is not supported by substantial
competent evidence in the record of the hearing officer's
public hearing or that the hearing officer's determination of
vested rights for a certificate of public facility adequacy is
contrary to the criteria established in section 10.02.07 B.6.g.
of this Code.
g. Criteria for vested rights. This section is intended to
strictly adhere to and implement existing case law as it
relates to the doctrine of vested rights and equitable
estoppel as applied to a local government exercising its
authority and powers in zoning, the provision of adequate
public facilities concurrent with DEVELOPMENT
(CONCURRENCY), and related matters. It is the express
intent of Collier County to require application of the
provisions of this section to as much DEVELOPMENT and
property in the unincorporated areas of the county as is
legally possible without violating the legally vested rights
which the owner may have obtained in accordance with
Florida common law and statutory law, particularly F.S. 9
163.3167(8). The criteria herein provided shall be
considered in rendering a vested rights determination under
this subsection. It is intended that each case be decided on
a case-by-case factual analysis. An owner shall be entitled
to a positive determination of vested rights for a certificate of
public facility adequacy only if he demonstrates by
substantial competent evidence that he is entitled to
complete his DEVELOPMENT without regard to the
otherwise applicable provisions of this section based on the
provisions of F.S. 9 163.3167(8), or all three of the following
requirements of the three-part test under Florida common
law: 1) upon some act or omission of the county, 2) a
property owner relying in good faith, 3) has made such a
substantial change in position or has incurred such extensive
obligations and expenses that it would by highly inequitable
and unjust to destroy the rights acquired.
h. Limitation on determination of vested rights for a
certificate of public facility adequacy. A determination of
vested rights for a certificate of public facility adequacy
which grants an application for determination of vested rights
for a certificate of public facility adequacy shall expire and be
null and void unless construction is commenced pursuant to
a final DEVELOPMENT ORDER, final SUBDIVISION plat, or
Page 152 of 235
final site DEVELOPMENT PLAN, within two years after the
issuance of the determination of vested rights for a certificate
of public facility adequacy under section 10.02.07 B.6.g. or
unless substantial permanent BUILDINGS have been, or are
being constructed or installed pursuant to a valid, un.expired,
final DEVELOPMENT ORDER of Collier County within two
years after issuance of the determination of vested rights for
a certificate of public facility adequacy under section
10.02.07 B.6.g., and such DEVELOPMENT pursuant to a
final DEVELOPMENT ORDER, final SUBDIVISION plat,
final site DEVELOPMENT PLAN, final SUBDIVISION
master plan, or planned unit DEVELOPMENT master plan is
continuing in good faith. The aforementioned two-year time
limitation on the determination of vested rights for a
certificate of public facility adequacy shall be stayed during
any time periods within which commencement of
construction pursuant to a final DEVELOPMENT ORDER,
final SUBDIVISION olat, or final site DEVELOPMENT PLAN
is prohibited or deTHred by the county solely as a result of
lack of adequate public facilities to serve the property,
pursuant to this section.
C. Certificate of public facility adequacy.
1. General.
a. A certificate of public facility adequacy shall be issued
concurrently with the approval of the next to occur FINAL
LOCAL DEVELOPMENT ORDER. At the time a certificate
of public facility adequacy is issued, fifty percent of the
estimated transportation impact fees must be paid into the
applicable trust fund pursuant to 10.02.07 C.1.e., and such
funds will be immediately available for appropriation to
implement capital road facility improvements. Impact fees
for all other Category "A" capital improvements will be paid
at the time of issuance of BUILDING permits at the rate then
currently applicable.
b. Annual Traffic/PUD Monitoring Report. On [the effective
date of this section's amendment], all PUDs which are less
than 90 percent built-out, must annually submit a report
detailing their progress toward build-out of the
DEVELOPMENT. The traffic report must be submitted as
part of the annual PUD monitoring report on the anniversary
date of the PUD approval by the Board per section 10.02.12
Page 153 of 235
--_.,,-,_. ..._~-
LOC. The written report must be submitted to, and be in, a
format established by the Transportation Administrator and
must indicate any revised estimates to the initial build-out
schedule and any resulting effect on traffic impact
projections, along with any progress towards completing any
developer contribution requirements. TrafficlPUO Monitoring
Reports which are more than ninety (90) days past due will
result in the suspension of FINAL LOCAL DEVELOPMENT
ORDER issuance for the PUO pending receipt of the Report.
'..
c. Where the proposed DEVELOPMENT has been issued
final SUBDIVISION plat approval or final site
DEVELOPMENT PLAN approval prior to the effective date
of this section, Le., on or about November 3, 1993, a
certificate of public facility adequacy shall be obtained prior
to approval of the next DEVELOPMENT ORDER required
for the proposed DEVELOPMENT.
d. Estimated transportation impact fees for a
DEVELOPMENT shall be paid into the applicable impact fee
trust fund in the amount estimated to be due upon issuance
of the FINAL LOCAL DEVELOPMENT ORDER(s) for the
DEVELOPMENT upon or prior to issuance of a certificate of
public facility adequacy for the DEVELOPMENT.
DEVELOPMENTS that have paid estimated impact fees for
all Category "A" facilities prior to the [effective date of this
section's amendment], and which elect to come under the
provisions of this section may make payment of estimated
impact fees into the applicable transportation impact fee trust
fund such that previously paid estimates may be applied as
a credit towards the impact fees calculated and due as a
prerequisite to the issuance of the FINAL LOCAL
DEVELOPMENT ORDER(s) for the DEVELOPMENT. If the
developer does not elect to come under the provisions of this
division, impact fees paid into the impact fee escrow trust
fund prior to [the effective date of this section's amendment]
shall be refundable upon written request to the Community
DEVELOPMENT and Environmental Services Division
Administrator accompanied by the surrender of the original
certificate of public facility adequacy obtained prior to
issuance of FINAL LOCAL DEVELOPMENT ORDER(S) for
the DEVELOPMENT. Fees paid into ,applicable impact fee
trust accounts as a prerequisite to the issuance of FINAL
LOCAL DEVELOPMENT ORDER(s) prior to the [effective
date of this section's amendment] in accordance with the
Page 154 of 235
applicable consolidated impact fee ordinances shall be
refundable pursuant to the provisions of such ordinances
upon written request to the Finance Director, Clerk of Courts.
e. Assessment and application of transportation impact fees
and surrender of certificate of public facility adequacy.
Within 90 days of notification by facsimile that an application
for a FINAL LOCAL DEVELOPMENT ORDER has been
approved and a certificate issued, an APPLICANT may pick
up the certificate upon payment of one-half (50 percent) of
the estimated transportation impact fees due. Such
estimates shall be based on the currently approved
transportation impact fee rate schedule. If the certificate is
not picked up within 90 days and the applicable estimated
transportation impact fees paid, the application will be
deemed denied and the APPLICANT must reenter the
application process from the beginning. Transportation
impact fees for residential DEVELOPMENT will be estimated
using the fee based on the mid-range housing size, unless
the residential use qualifies as AFFORDABLE HOUSING.
AFFORDABLE HOUSING estimated transportation impact
fees shall be based on the income limitations for
AFFORDABLE HOUSING in force at the time of a certificate
of public facility adequacy application. Additionally,
previously vested DEVELOPMENTS may, pursuant to
section 10.02.07 C.1. elect to have escrowed fees applied
against the one-half (50 percent) of estimated transportation
impact fees. Payment of these fees vests the
DEVELOPMENT entitlements for which the certificate of
public facility adequacy certificate applies on a continuous
basis unless relinquished pursuant to the requirements of
this section prior to the end of the third year after the initial
impact fee payment. The initial 50 percent impact fee
payment is non-refundable after payment and receipt of the
certificate of public facility adequacy certificate.
Not later than 90 days prior to the expiration of the three
year period for such certificates, the county shall notify the
certificate holder via registered mail of the remaining balance
due for the estimated transportation impact fees up to 50
percent, based on level of BUILDING permits already
issued. The balance of the impact fees due will be calculated
at the rate schedule then currently applicable. The developer
may elect to pay the balance of the estimated transportation
impact fees for the entitlements for which the certificate
applies or modify the certificate to a lesser entitlement and
Page 155 of 235
" --. -..-.. -'...., --,,- -.-
calculate the balance of the transportation impact fees on
the revised entitlements. The certificate of public facility
adequacy shall be modified to include only the entitlements
for which the estimated transportation impact fees are paid.
The expiration date for the remaining, up to 50 percent,
balance of the estimated transportation impact fees due from
a previously vested DEVELOPMENT that opts into the
revised CONCURRENCY certificate process as provided in
section 10.02.07 C.1. of this Code, will relate back to the
date of issuance of the original certificates. Once the
balance of the estimated transportation impact fees are paid,
those estimated fees are non-refundable. However, the
certificate of public facility adequacy runs continuously with
the land in perpetuity after all estimated transportation
impact fees have been paid. As BUILDING permits are
drawn down on the entitlements, the estimated
transportation impact fees already paid shall be debited at
the rate of the impact fees in effect at the time of utilization. If
the estimated transportation impact fee account becomes
depleted, the developer shall pay the currently applicable
transportation impact fee for each BUILDING permit in full
prior to its issuance. In the event that upon build-out of the
DEVELOPMENT estimated transportation impact fees are
still unspent, the remaining balance of such estimated fees
may be transferred to another approved project within the
same, or ADJACENT, transportation impact fee district,
provided any vested entitlements associated with the
unspent and transferred transportation impact fees are
relinquished and the certificate of public facility adequacy is
modified to delete those entitlements.
2. Rules of general applicability for certificate of public facility
adequacy. Certificates of public adequacy issued for roads under
section 10.02.07 C.1. of this Code subsequent to the [effective date
of this section's amendment] will run in perpetuity provided
provisions of subsection 10.02.07 C.1.e. of this Code are met and
that annual mid-year monitoring reports are filed which comply with
section 10.02.07 C.1. of this Code and all developer requirements
established during zoning or as part of a developer contribution
agreement are completed or are being constructed consistent with
the current DEVELOPMENT infrastructure improvement
construction commitment schedule.
a. Timing. An application for a certificate of public facility
adequacy may only be submitted as part of an application for
Page 156 of 235
a FINAL LOCAL DEVELOPMENT ORDER subject to
section 10.02.07 C.1. of this Code.
b. Impact Fees. A complete application for a certificate of
public facility adequacy will include the calculation of the
total amount of transportation impact fees estimated to be
due by the APPLICANT on the DEVELOPMENT for which a
FINAL LOCAL DEVELOPMENT ORDER application has
been submitted. Impact fee calculations will be reviewed
and the amount estimated to be paid pursuant to section
10.02.07 C.1.e. of this Code finally determined by the impact
fee coordinator. One-half (50 percent) of the estimated
payment will be due at the time of notification of approval of
the FINAL LOCAL DEVELOPMENT ORDER and will be
deposited into the applicable impact fee trust fund and will
be immediately available for appropriation by the Board of
Cou nty Commissioners for transportation capital
improvements. Final calculation of impact fees due will be
based on the intensity of DEVELOPMENT actually permitted
for construction and the impact fee schedule in effect at the
time of the issuance of BUILDING permit(s); such that
additional impact fees may be due prior to issuance of the
BUILDING permit(s). The balance of transportation impact
fees shall be due as provided for in section 10.02.07 C.1 of
this Code.
c. Consolidated application. A FINAL LOCAL
DEVELOPMENT ORDER shall receive final approval only to
the extent to which the proposed DEVELOPMENT receives
a certificate of public facility adequacy. The application for a
certificate of public facility adequacy may only be submitted
with an application for FINAL LOCAL DEVELOPMENT
ORDER approval, where appropriate under this section. An
application for a certificate of public facility adequacy will
receive final approval and a certificate will be issued
concurrently with approval of a FINAL LOCAL
DEVELOPMENT ORDER as set forth in section 10.02.07 C.
1.e. of this Code.
d. Assignability and transferability. An approved certificate
of public facility adequacy shall run with the land associated
with the corresponding DEVELOPMENT approval, and shall
be assignable within the corresponding land of the approved
DEVELOPMENT, and shall not be assignable or
transferable to other DEVELOPMENT, except as may
otherwise be provided for under an approved
Page 157 of 235
----> .
DEVELOPMENT AGREEMENT. This provision does not
preclude the re-allocation of capacity between LOTS or
PARCELS comprising the land that is the subject of the
same consolidated application for DEVELOPMENT approval
so long as the original certificate is surrendered along with a
written request to re-allocate no more than that certificate's
previously approved capacity in a re-issued certificate.
e. Expiration. A certificate of public facility adequacy for
"Category A" facilities, except roads, shall expire three years
from the date of. its approval except to the extent that
BUILDING permits have been issued for the proposed
DEVELOPMENT for which the certificate is approved or a
final SUBDIVISION plat has been approved and recorded,
and the proposed DEVELOPMENT is then completed
pursuant to the terms of the Collier County BUILDING Code
or as provided in section 10.02.07 C.1. of this Code, refund
of impact fees, except for certificates issued pursuant to
section 10.02.07 C.1. of this Code, will be subject to the
provisions of the consolidated impact fee trust fund
ordinance. The expiration date of a re-issued certificate re-
allocating capacity to different LOTS or PARCELS in the
same DEVELOPMENT will relate back to, and be calculated
from, the original certificate's date of issuance.
i. For large DEVELOPMENTS as indicated below, a
five year certificate of public facility adequacy for
"Category AU facilities, except roads, may be obtained
provided the developer enters into an enforceable
DEVELOPMENT AGREEMENT with the county.
DEVELOPMENTS comprised of more than 500
residential DWELLING UNITS, or a phased increment
of DEVELOPMENT comprised of more than 150
residential DWELLING UNITS, or a
commercial/industrial DEVELOPMENT of more than
100,000 square feet of gross leasable area is
considered to be a large DEVELOPMENT. A
certificate of public facility adequacy for a large
DEVELOPMENT shall expire five years from the date
of its approval except to the extent that BUILDING
permits have been issued for the proposed
DEVELOPMENT for which the certificate is approved,
and the proposed DEVELOPMENT is then completed
pursuant to the terms of the Collier County BUILDING
Code.
Page 158 of 235
f. Effect. Issuance of a certificate of public facility adequacy
shall demonstrate proof of adequate public facilities to serve
the DEVELOPMENT approved in the DEVELOPMENT
ORDER, subject to the conditions in the DEVELOPMENT
ORDER. A subsequent application for DEVELOPMENT
approval for DEVELOPMENT approved in a
DEVELOPMENT ORDER for which a certificate of public
facility adequacy has been approved shall be determined to
have adequate public facilities as long as the certificate of
public facility adequacy is valid and unexpired. When a
certificate of public facility adequacy expires, any
subsequent application for DEVELOPMENT approval shall
require a new certificate of public facility adequacy to be
issued pursuant to the terms of this section prior to approval
of any subsequent DEVELOPMENT ORDER for the
proposed DEVELOPMENT. Application for approval of a
certificate of public facility adequacy for subsequent or
continuing DEVELOPMENT once a certificate has expired
shall be based on public facility availability at the time of the
new application. Under no circumstances shall a certificate
of public facility adequacy be automatically renewed.
3. Effect of DEVELOPMENT AGREEMENT in conjunction with a
certificate of public facility adequacy. Upon approval by the Board
of County Commissioners, any APPLICANT shall enter into an
enforceable DEVELOPMENT AGREEMENT with Collier County
pursuant to the provisions of F.S. 99 163.3220 -- 163.3242 or other
agreement acceptable to the Board of County Commissioners, in
conjunction with the approval of a DEVELOPMENT ORDER and/or
a certificate of public facility adequacy. The effect of the
DEVELOPMENT AGREEMENT shall be to bind the parties
pursuant to the terms and conditions of the DEVELOPMENT
AGREEMENT and the certificate of public facility adequacy in order
to insure that adequate public facilities are available to serve the
proposed DEVELOPMENT concurrent with when the impacts of the
DEVELOPMENT occur on the public facilities.
4. Procedure for review of application.
a. Submission of applications and fees. The application for
a certificate of public facility adequacy for road facilities only
shall be submitted in duplicate to the Community
DEVELOPMENT and Environmental Services Division
Administrator. Such applications shall be submitted at the
filing for the next FINAL LOCAL DEVELOPMENT ORDER
as specifically provided for under section 10.02.07 C.1. All
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other applications for a certificate (i.e., except for road
facilities) shall be submitted at BUILDING permit along with
final payment for any impact fees owed, including any road
impact fees. Application fees in an amount to be determined
by the board of county commissioners shall accompany and
be part of the applications.
b. Application contents. The form and contents for the
application for public facility adequacy, except for the road
component, shall be established by the Community
DEVELOPMENT and Environmental Services Division
Administrator. In all cases, the APPLICANT shall provide a
facsimile number at which communications and notifications
from the county to the APPLICANT may be sent. The form
and contents for the application for public facility adequacy
for the roadway component shall be established by the
Transportation Services Division Administrator. Complete
applications in their entirety are necessary to allow proper
and adequate review by both the Community
DEVELOPMENT and Environmental Services Division and
the Transportation Services Division. The form and contents
for applications shall be published and made available to the
general public.
c. Determination of completeness and review. Upon receipt
of an application for certificate of public facility adequacy by
the Community DEVELOPMENT and Environmental
Services Division for road facilities, all copies of the
application will be time and date stamped. One copy will be
forwarded to the Transportation Services Division for
processing no later than the next business day. After receipt
of the application for certificate of public facility adequacy,
the Community DEVELOPMENT and Environmental
Services Division Administrator and Transportation Services
Division Administrator shall determine whether its respective
application is complete within five business days. If it is
determined that any component of the application is not
complete, written notice via facsimile shall be provided to the
APPLICANT specifying the deficiencies. The Community
DEVELOPMENT and Environmental Services Division
Ad ministrator and Transportation Services Division
Administrator shall take no further action on the application
unless the deficiencies are remedied. The APPLICANT
shall provide the additional information within 60 days or the
application will be considered withdrawn and the application
fee is forfeited. Within 20 business days after any application
Page 160 of 235
for a certificate except for road facilities is received and the
application is determined to be complete, the Community
DEVELOPMENT and Environ mental Services Division
Administrator shall review and grant, or deny each public
facility component except for roads in the application
pursuant to the standards established in section 10.02.07
C.S. of this Code. The Transportation Services
Administrator shall ,review and grant, or deny a certificate of
public facility adequacy for roads within 20 business days
after the application is determined to be complete, subject to
the approval of the final DEVELOPMENT ORDER.
d. Appeal of public facilities determination. Within 30 days
after issuance of the determination of the Community
DEVELOPMENT and Environmental Services Division
Administrator and/or the Transportation Services Division
Administrator on the application for a certificate of public
facility adequacy, the APPLICANT may appeal the
determination of to the Collier County Board of County
Commissioners. A fee for the application and processing on
an appeal shall be established at a rate set by the Board of
County Commissioners from time to time and shall be
charged to and paid by the APPLICANT for a third party
evaluation. The third party shall be an outside consultant
who has been previously approved by the county for the
pu rpose of providing independent review and
recommendations on public facil ity adequacy
determinations. The Board of County Commissioners shall
hold a hearing on the appeal and shall consider the
determination of the Community DEVELOPMENT and
Environmental Services Division Administrator and the
Transportation Services Division Administrator, independent
third party testimony and public testimony in light of all the
criteria set forth in section 10.02.07 C.S. The Board of
County Commissioners shall adopt the Community
DEVELOPMENT and Environmental Services Division
Administrator's and the Transportation Services Division
Administrator's determination on the application for a
certificate of public facility adequacy with or without
modifications or conditions, or reject the Community
DEVELOPMENT and Environmental Services Division
Administrator's and the Transportation Services Division
Administrator's determination. The Board of Cou nty
Commissioners shall not be authorized to modify or reject
the . Community DEVELOPMENT and Environmental
Services Division Administrator's and the Transportation
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Services Division Administrator's determination unless the
Board of County Commissioners finds that the determination
is not supported by substantial competent evidence or that
the Community DEVELOPMENT and Environmental
Services Division Administrator's and the Transportation
Services Division Administrator's determination is contrary to
the criteria established in section 10.02.07 C.5. of this code.
The decision of the Board of County Commissioners shall
include findings of fact for each of the criteria.
e. Approval of certificate; payment for, and cancellation of
certificates. Upon notification by facsimile by the Community
DEVELOPMENT and Environmental Services Division
Administrator or his designee and the Transportation
Services Division Administrator or his designee, that an
application for a certificate of public facility adequacy for
road facilities has been approved, one-half (50 percent) of
the estimated transportation impact fees shall be paid. If the
APPLICANT does not pick up the certificate and pay all
applicable transportation impact fees within 90 days of
notification by facsimile, the certificate will be voided. In
such a case, the APPLICANT shall then be required to apply
for issuance of a new certificate. All Collier County impact
fees are due and payable at BUILDING permit issuance
based on the applicable rate STRUCTURE at that time.
f. Traffic Capacity Reservation for all or part of the proposed
DEVELOPMENT may be approved and secured at
application pending approval of the final sub-division plat,
site DEVELOPMENT PLAN or BUILDING permit upon
acceptance of the TIS by the Transportation Administrator as
part of a complete Application Request (AR) deemed
sufficient for review for the proposed DEVELOPMENT by
the CDES Division. The Transportation Administrator will
notify the APPLICANT of any traffic capacity reservation via
facsimile per section 10.02.07 C.4.c. Traffic capacity
reservations will be awarded to the DEVELOPMENT upon:
approval of the COA and final DEVELOPMENT ORDER per
section 10.02.07 C.4.e. payment of road impact fees in
accordance with section 10.02.07 C.4.e.; and Proportionate
Share Payment, if applicable, in accordance with section
6.02.01. Traffic capacity reservations approved under this
section will expire in one (1) year, from TIS approval and
determination of available capacity, unless the FINAL
LOCAL DEVELOPMENT ORDER for the DEVELOPMENT
Page 162 of 235
is approved, or the Board approves an extension to the one
(1) year time period.
g. Proportionate Share Payments. Proportionate share
payments may be used to mitigate the impacts of a
DEVELOPMENT on a deficient roadway link by more than a
de minimis amount within a Transportation CONCURRENCY
Management Area in which 85% of the north-south lane
miles and 85% of the east-west lane miles are operating at
or above the adopted LOS standards consistent with Policies
5.8 and 5.9 of the Comprehensive Plan Transportation
Element. However, no impact will be de minimis if it
exceeds the adopted level-of-service standard of any
affected designated hurricane evacuation routes within a
TCMA. Hurricane routes in Collier County are shown on
Map TR7 of the Transportation Element. Any impact to a
hurricane evacuation route operating below the adopted
LOS within a TCMA shall require a proportionate share
payment provided the remaining LOS requirements of the
TCMA are maintained. Proportionate share payments under
this section are determined subsequent to a finding of
CONCURRENCY for a proposed project within a TCMA and
do not influence the CONCURRENCY determination
process. DEVELOPMENT of an individual single family
residence will not be required to contribute or make a
proportionate share payment under this section.
i. The proportionate share of the cost of
improvements of such deficient roadways is
calculated according to the following formula:
Project trips impacting deficient Iink/SV increase x
cost = proportionate share
1. Project trips = cumulative number of the trips
from the proposed DEVELOPMENT expected to
reach the roadway during the peak hour from the
complete buildout of a stage or phase being
approved.
2. SV increase = the change in peak hour
maximum service volume of the roadway resulting
from construction of the improvement necessary to
maintain the adopted LEVEL OF SERVICE.
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3. Cost = cost of construction, at the time of
developer payment, of an improvement necessary to
maintain the adopted LEVEL Of SERVICE.
Construction cost includes all improvement
associated costs, including engineering design,
RIGHT-Of-WAY acquisition, planning, engineering,
inspection, and other associated physical
DEVELOPMENT costs directly required and
associated with the construction of the improvement.
ii. The cost for a deficient roadway link shall be
established using a typical "lane mile cost" of adding
lanes to a roadway having a similar area type/facility
type as determined by the Collier County
Transportation Administrator.
5. Standards for review of application. The following standards
shall be used in the determination of whether to grant or deny a
certificate of public facility adequacy. Before issuance of a
certificate of public facility adequacy, the application shall fulfill the
standards for each public facility component (potable water,
sanitary sewer, SOLID WASTE, drainage, parks and roads).
a. Potable water facilities.
i. The potable water component shall be granted if
any of the following conditions are met:
(a) The required public facilities are in place at
the time a final site DEVELOPMENT PLAN,
final SUBDIVISION plat or BUILDING permit is
issued.
(b) The required public facilities are under
construction at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION
plat or BUILDING permit is issued.
(c) The required public facilities are guaranteed
in an enforceable DEVELOPMENT
AGREEMENT that includes the provisions of
section 10.02.07 above of this Code.
b. Sanitary sewer facilities.
Page 164 of 235
i. The sanitary sewer component shall be granted if
any of the following conditions are met:
(a) The required public facilities are in place at
the time a final site DEVELOPMENT PLAN,
final SUBDIVISION plat or BUILDING permit is
issued.
(b) - The required public facilities are under
construction at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION
plat or BUILDING permit is issued.
(c) The required public facilities are
guaranteed in an enforceable DEVELOPMENT
AGREEMENT that includes the provisions of
sections (a) and (b).
c. SOLID WASTE facilities.
i. The SOLID WASTE component shall be granted if
any of the following conditions are met:
(a) The required pubic facilities are in place at
the time a final site DEVELOPMENT PLAN,
final SUBDIVISION plat or BUILDING permit is
issued.
(b) The required public facilities are under
construction at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION
plat or BUILDING permit is issued.
(c) The required public facilities are guaranteed
in an enforceable DEVELOPMENT
AGREEMENT that includes the provisions of
subsections (a) and (b) above.
d. DRAINAGE FACILITIES. The drainage component shall
be granted if the proposed DEVELOPMENT has a drainage
and water management plan that has been approved by the
Environmental Services ~ivision that meets the LOS for
capital DRAINAGE FACILITIES defined in section 6.02.01
O. of this Code.
e. Park and recreation facilities.
Page 165 of 235
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i. The parks and recreation component shall be
granted if any of the following conditions are met:
(a) The required public facilities are in place at
the time a final site DEVELOPMENT PLAN,
final SUBDIVISION plat or BUILDING permit is
issued.
(b) The required public facilities are under
construction at the time a final site
DEVELOPMENT PLAN, final SUBDIVISION
plat or BUILDING permit is issued.
(c) The required public facilities are the subject
of a binding contract executed for the
construction of those public facilities, which
provides for the commencement of actual
construction within one year of issuance of a
final site DEVELOPMENT PLAN, final
SUBDIVISION plat or a BUILDING permit.
(d) The required public facilities are
guaranteed in an enforceable DEVELOPMENT
AGREEMENT that includes the provisions of
sections (a), (b), and (c) above
f. Road facilities. The road component shall be considered
based upon whether the proposed DEVELOPMENT is
outside a designated ASI or within a designated AS!.
i. Road facilities. The road component shall be
considered based upon whether sufficient roadway
and intersections capacity is available based on the
findings of the Transportation Impact Statement (TIS),
which shall be based upon the provisions of sections
3.02.02 H. and 6.02.02 K.
ii. DEVELOPMENT within designated area of
significant influence (ASI). For DEVELOPMENT
within a designated ASI covering a potentially
deficient road segment, the road component shall be
approved, subject to available capacity, if it is
demonstrated the proposed DEVELOPMENT will not
make the potentially deficient road segment within the
ASI a deficient road segment. In the instance where
Page 166 of 235
the proposed DEVELOPMENT will create a deficient
road segment, a certificate of public facility adequacy
for the road component shall be approved only for
that portion of the DEVELOPMENT that does not
create the deficient road segment. For
DEVELOPMENT within a designated ASI covering a
deficient road segment, the road component shall be
approved only for that portion of the DEVELOPMENT
that does not increase the net trips on the deficient
road segment and does not further degrade the LOS
of the deficient road segment.
10.02.08 Submittal Requirements for Amendments to the Official Zoning and
LDC
A. Purpose and intent. This zoning code and the official zoning atlas may,
from time to time, be amended, supplemented, changed or repealed.
Procedures shall be as follows:
B. Initiation of proposals for amendment. A zoning atlas amendment may
be proposed by:
1. Board of county commissioners.
2. Planning commission.
3. Board of zoning appeals.
4. Any other department or agency of the county.
5. Any person other than those listed in 1-4 above; provided,
however, that no person shall propose an amendment for the
rezoning of property (except as agent or attorney for an owner)
which he does not own. The name of the owner shall appear in
each application.
All proposals for zoning amendments shall be considered first by
the planning commission in the manner herein set out.
All proposals for zoning amendments shall be submitted in writing
to the office of the County Manager or his designee accompanied
by all pertinent information required by this zoning code and which
may be required by the planning commission for proper
consideration of the matter, along with payment of such fees and
charges as have been established by the board of county
commissioners. No application for zoning amendment shall be
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heard by the planning commission until such fees and charges
have been paid.
C. Amendments
Amendments to this Code may be made not more than two times during
any calendar year as scheduled by the county manager, except:
1. Any amendments to the ACCESS Management Plan maps
(Appendix V) may be made more often than twice during the
calendar year if related' to, and if submitted and reviewed in
conjunction with submittal and review of, the following types of
DEVELOPMENT ORDERS: Rezoning, PUO amendment,
DEVELOPMENT of Regional Impact (ORI) approval, ORI
amendment, CONDITIONAL USE, Site DEVELOPMENT PLAN
(SOP) approval, SOP amendment, SUBDIVISION approval
(including plats, plans, and amendments), construction approval for
infrastructure (including water, sewer, grading, paving), and
BUILDING Permit (for single family DWELLING only.
2. Amendments to the Code (See section 10.02.10 A. below for
requirements ).
The procedure for amendment to this Code shall be as provided in
section 10.03.05. This Code may only be amended in such a way
as to preserve the consistency of the Code with the growth
management plan.
10.02.09 Submittal Requirements for Text Amendments to the LDC
Amendments to this Code may be made not more than two times during any
calendar year as scheduled by the county manager, except:
A. Amendments to this Code may be made more often than twice during
the calendar year if the Collier County Board of County
Commissioners, by at least a super-majority vote, directs that
additional amendments be made for specific purposes.
10.02.10 Submittal Requirements for Amendments to DEVELOPMENT
ORDERS [RESERVED]
10.02.11. Submittal of Streetlight Plans.
A. Streetlights. All STREET lighting plans shall be prepared by an
electrical engineer.
10.02.12 BUILDING or Land ALTERATION Permits
Page 168 of 235
A. BUILDING or land ALTERATION permit and certificate of occupancy
compliance process.
1. Zoning action on BUILDING or land AL TERA TION permits.
The County Manager or his designee shall be responsible for
determining whether applications for BUILDING or land
AL TERA TION permits, as required by the Collier County
BUILDING code or this Code are in accord with the requirements of
this Code, and no BUILDING or land ALTERATION permit shall be
issued without written approval that plans submitted conform to
applicable zoning regulations, and other land DEVELOPMENT
regulations. For purposes of this section a land ALTERATION
permit shall mean any written authorization to AL TER land and for
which a BUILDING permit may not be required. Examples include
but are not limited to clearing and excavation permits, site
DEVELOPMENT PLAN approvals, agricultural clearing permits,
and blasting permits. No BUILDING or STRUCTURE shall be
erected, moved, added to, ALTERED, utilized or allowed to exist
and/or no land AL TERA TION shall be permitted without first
obtaining the authorization of the required permit(s), inspections
and certificate(s) of occupancy as required by the Collier County
BUILDING code or this Code and no BUILDING or land
AL TERATION permit application shall be approved by the County
Manager or his designee for the erection, moving, addition to, or
AL TERATION of any BUILDING, STRUCTURE, or land except in
conformity with the provisions of this Code unless he shall receive a
written order from the board of zoning appeals in the form of an
administrative review of the interpretation, or variances as provided
by this Code, or unless he shall receive a written order from a court
or tribunal of competent jurisdiction.
2. Application for BUILDING or land AL TERA TION permit. All
applications for BUILDING or land ALTERATION permits shall, in
addition to containing the information required by the BUILDING
official, be accompanied by all required plans and drawings drawn
to scale, showing the actual shape and dimensions of the LOT to
be built upon; the sizes and locations on the LOT of BUILDINGS
already existing, if any; the size and location on the LOT of the
BUILDING or BUILDINGS to be erected, ALTERED or allowed to
exist; the existing use of each BUILDING or BUILDINGS or parts
thereof; the number of families the BUILDING is designed to
accommodate; the location and number of required off-STREET
parking and off-STREET LOADING SPACES; approximate location
of trees protected by county regulations; changes in GRADE,
including details of BERMS; and such other information with regard
to the LOT and existing/proposed STRUCTURES as provided for
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the enforcement of this Land DEVELOPMENT Code. In the case of
application for a BUILDING or land ALTERATION permit on
property ADJACENT to the Gulf of Mexico, a survey, certified by a
land surveyor or an engineer licensed in the State of Florida, and
not older than 30 days shall be submitted. If there is a storm event
or active erosion on a specific PARCEL of land for which a
BUILDING or land ALTERATION permit is requested, which the
County Manager or his designee determines may effect the
DENSITY or other use relationship of the property, a more recent
survey may be required~ Where ownership or property lines are in
doubt, the County Manager or his designee may require the
submission of a survey, certified by a land surveyor or engineer
licensed in the State of Florida. Property stakes shall be in place at
the commencement of construction.
3. Construction and use to be as provided in applications;
status of permit issued in error. BUILDING or land ALTERATION
permits or certificates of occupancy issued on the basis of plans
and specifications approved by the County Manager or his
designee authorize only the use, arrangement, and construction set
forth in such approved plans and applications, and no other use,
arrangement, or construction. BUILDING use arrangement, or
construction different from that authorized shall be deemed a
violation of this Land DEVELOPMENT Code.
a. Statements made by the APPLICANT on the
BUILDING or land ALTERATION permit application shall be
deemed official statements. Approval of the application by
the County Manager or his designee shall, in no way,
exempt the APPLICANT from strict observance of applicable
provisions of this Land DEVELOPMENT Code and all other
applicable regulations, ordinances, codes, and laws.
b. A BUILDING or land ALTERATION permit issued in
error shall not confer any rights or privileges to the
APPLICANT to proceed to or continue with construction,
and the county shall have the power to revoke such permit
until said error is corrected.
4. Adequate public facilities required. No BUILDING or land
AL TERATION permit or certificate of occupancy shall be issued
except in accordance with the Collier County Adequate Public
Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this
Code) and Rule 9J-5.0055, F.A.C.
5. Improvement of property prohibited prior to issuance of
Page 170 of 235
BUILDING permit. No site work, removal of protected vegetation,
grading, improvement of property or construction of any type may
be commenced prior to the issuance of a BUILDING permit where
the DEVELOPMENT proposed requires a BUILDING permit under
this Land DEVELOPMENT Code or other applicable county
regulations. Exceptions to this requirement may be granted by the
County Manager or his designee for an approved SUBDIVISION or
site DEVELOPMENT P,~AN to provide for distribution of fill
excavated on-site or to, permit construction of an approved water
management system, to minimize stockpiles and hauling off-site or
to protect the public health, safety and welfare where clearing,
grading and filling plans have been submitted and approved
meeting the warrants of section 4.06.04 of this Code; removal of
EXOTIC VEGETATION shall be exempted upon receipt of a
vegetation removal permit for exotics pursuant to Chapter 3 and
this Chapter 10.
a. In the event the improvement of property, construction
of any type, repairs or remodeling of any type that requires a
BUILDING permit has been completed, all required
inspection(s) and certificate(s) of occupancy must be
obtained within 60 days after the issuance of after the fact
permit(s).
6. Zoning and land use approval required prior to or
simultaneously with issuance of BUILDING or land AL TERA TION
permit or occupancy of land and space. A zoning certificate,
attesting to compliance with all aspects of the zoning provisions of
the Land DEVELOPMENT Code, shall be required prior to
obtaining a BUILDING or land ALTERATION permit or to
occupying any space of land or BUILDINGS or for the conduct of a
business in all zoning districts. The following zoning certificate
review procedure shall provide for the issuance of a zoning
certificate.
a. For the purposes of determining compliance with the
zoning provisions of the Land DEVELOPMENT Code, an
approval of a site DEVELOPMENT PLAN pursuant to
section 10.02.03 herein, authorizes the issuance of a zoning
certificate. Said zoning certificate shall constitute a
statement of compliance with all applicable provisions of the
Land DEVELOPMENT Code, including the uses of the
BUILDING space upon which applicable off-STREET
parking and loading requirements were based, however,
issuance of a zoning certificate shall not exempt any person
from full compliance with any applicable provision of the
Page 171 of 235
....... .,.....--. - .--
Land DEVELOPMENT Code.
b. In subdivided BUILDINGS each space for which a
use is proposed requires a zoning certificate for that
particular space, independent of any approval conferred
upon the BUILDING and the land pursuant to section
10.02.03 and of a zoning certificate issued for the BUILDING
and the land, shall be required.
c. A zoning certificate shall be required for any use of
land or BUILDINGS located in residential zoning districts,
which involve the conduct of a commercial or other
nonresidentially allowed uses of land or BUILDINGS.
10.02.13 Planned unit DEVELOPMENT (PUD) procedures.
A. Application and PUD master plan submission requirements.
Applications for amendments to, or rezoning to PUD shall be in the form of
a PUD master plan of DEVELOPMENT and a PUD document. The plan
shall have been designed by an urban planner who possesses the
education and experience to qualify for full membership in the American
I nstitute of Certified Planners; and/or a landscape architect who
possesses the education and experience to qualify for full membership in
the American Society of Landscape Architects, together with either a
practicing civil engineer licensed by the State of Florida, or a practicing
architect licensed by the State of Florida, and shall be comprised, at a
minimum, of the following elements:
1. PUD master plan. The PUD master plan shall include the following
information to graphically illustrate the DEVELOPMENT strategy:
The Community Character Plan For Collier County, Florida (April
2001) should be referenced as a guide for DEVELOPMENT and
redevelopment in the PUD district:
a. The title of the project and name of the developer;
b. Scale, date, north arrow;
c. Boundaries of the subject property, all existing STREETS and
pedestrian systems within the site, watercourses,
EASEMENTS, land uses and zoning districts of ABUTTING
property including book and page numbers of platted
PARCELS, section lines, and other important physical features
within and adjoining the proposed DEVELOPMENT;
d. Identification of all proposed tracts or increments illustrating
boundaries within the PUD such as, but not limited to:
Page 172 of 235
residential; office and retail; commercial; industrial; institutional;
co n servation/preservation; lakes and/or other water
management facilities; COMMON OPEN SPACE; types of
BUFFERS with a cross-section for any BUFFER which deviates
from that which is otherwise required by the. land
DEVELOPMENT code; the location and function of all areas
proposed for dedication or to be reserved for community and/or
public use; and areas proposed for recreational uses including
golf courses and related facilities, and provisions for ownership,
operation, and maintenance. All non-residential tract dimensions
and boundaries shall be illustrated on the master plan;
e. Identification of all proposed and permitted land uses pursuant
to section 2.03.06 of this Code within each tract or increment
describing: acreage; proposed number of DWELLING UNITS;
proposed DENSITY and percentage of the total
DEVELOPMENT represented by each type of use; or in the
case of commercial, industrial, institutional or office, the acreage
and maximum gross leaseable floor area and an outline of the
proposed BUILDING footprint and an indication of the proposed
BUILDING height for each STRUCTURE within the individual
tracts or increments. Descriptions of the relationship of the
proposed land uses to each other within the PUD and to land
uses ABUTTING/surrounding the project;
f. The location and size (as appropriate) of all existing drainage,
water, sewer, and other utility provisions;
g. The location of all proposed major internal thoroughfares and
pedestrian accessways, including interconnecting roadways
within the PUD as well as with ABUTTING uses;
h. Typical cross sections of all major, collector, and local
STREETS, public or private, within the PUD;
i. The location of proposed and existing roads, RIGHTS-OF-WAY,
and pedestrian systems within 1,500 feet of the proposed PUD;
j. The overall acreage and proposed GROSS DENSITY for the
PUD;
k. Information on previous and recent uses of land;
I. Proposed vehicular ingress and egress points;
m. Any other relevant information determined to be necessary by
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the planning services department director.
2. PUD document. The APPLICANT shall submit data supporting and
describing the application for rezoning to PUD in the form of a PUO
document. The PUD document shall be submitted in both an
electronic version and printed version in a format as established by
the County Manager or his designee. The submittals shall conform
to the most recent standardized format established by the planning
services department director. The PUO document shall contain the
following information unless determined by the director to be
unnecessary to describe the DEVELOPMENT strategy:
a. Title page to include name of project;
b. Index/table of contents;
c. List of exhibits;
d. Statement of compliance with all elements of the growth
management plan;
e. General location map drawn to scale, illustrating north point and
relationship of the site to such external facilities as highways,
shopping areas, cultural complexes and the like;
f. Property ownership and general description of site (including
statement of unified ownership);
g. Oescription of project DEVELOPMENT;
h. Boundary survey (no more than six months old) and legal
description;
i. Proposed and permitted land uses within each tract or
increment;
j. Oimensional standards for each type of land use proposed
within the PUO. Oimensional standards shall be based upon an
established zoning district that most closely resembles the
DEVELOPMENT strategy, particularly the type, DENSITY and
intensity, of each proposed land use. All proposed variations or
deviations from dimensional standards of the most similar
zoning district shall be clearly identified. No deviations from the
fire code will be permitted, except as otherwise allowed by that
code;
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k. The proposed timing for location of, and sequence of phasing or
incremental DEVELOPMENT within the PUD;
I. The proposed location of all roads and pedestrian systems, with
typical cross sections, which will be constructed to serve the
PUD;
m. Habitats and their bou~9aries identified on an aerial photograph
of the site. Habitat. identification will be consistent with the
Florida Department of Transportation Florida Land Use Cover
and Forms Classification System and shall be depicted on an
aerial photograph having a scale of one inch equal to at least
200 feet when available from the county, otherwise, a scale of at
least one inch equal to 400 feet is acceptable. Information
obtained by ground-truthing surveys shall have precedence over
information presented through photographic evidence. Habitat,
plant and animal species protection plans as required by
Chapter 3 shall apply;
n. Environmental impact analysis pursuant to applicable provisions
of section 10.02.02;
o. Information about existing vegetative cover and soil conditions
in sufficient detail to indicate suitability for proposed
STRUCTURES and uses;
p. The location and nature of all existing public facilities, such as
schools, parks and FIRE STATIONS that will service the PUD;
q. A plan for the provision of all needed utilities to serve the PUD;
including (as appropriate) water supply, sanitary sewer
collection and treatment system, stormwater collection and
management system, pursuant to related county regulations
and ordinances;
r. Traffic impact analysis;
s. Agreements, provisions, or covenants which govern the use,
maintenance, and continued protection of the PUD and any of
its common areas or facilities;
t. DEVELOPMENT commitments for all infrastructure and related
matters;
u. When determined necessary to adequately assess the
COMPATIBILITY of proposed uses to existing or other
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proposed uses, relationship to OPEN SPACE, recreation
facilities, or traffic impacts, or to assess requests for reductions
in dimensional standards, the planning services department
director may request schematic architectural drawings (floor
plans, elevations, perspectives) for all proposed STRUCTURES
and improvements, as appropriate;
v. Deviations to sections of the land DEVELOPMENT code other
than to dimensional standards related to BUILDING placement
such as YARD requirements, LOT area requirements,
BUILDING height and the like, shall be identified in the PUD
document by citing the specific section number of the regulation
and indicating the proposed modification to such regulation.
3. Deviations from master plan elements. The planning services
department director may exempt a petition from certain required
elements for the PUD master plan pursuant to section 10.02.12 of
this Code when the petition contains conditions, which demonstrate
that the element may be waived without a detrimental effect on the
health, safety and welfare of the community. All exemptions shall
be noted within the PUD submittal and provided the board of county
commissioners.
B. Procedures for planned unit DEVELOPMENT zoning. Petitions for
rezoning to PUD in accordance with section 10.02.12 shall be submitted
and processed as for a rezoning amendment generally pursuant to section
10.02.12 and in accordance with the following special procedures:
1. Preapplication conference. Prior to the submission of a formal
application for rezoning to PUD, the APPLICANT shall confer with
the planning services department director and other county staff,
agencies, and officials involved in the review and processing of
such applications and related materials. The APPLICANT is further
encouraged to submit a tentative land use sketch plan for review at
the conference, and to obtain information on any projected plans or
programs relative to possible applicable federal or state
requirements or other matters that may affect the proposed PUD.
This preapplication conference should address, but not be limited
to, such matters as:
a. The suitability of the area for the type and pattern of
DEVELOPMENT proposed in relation to physical characteristics
of the land, surrounding areas, traffic and ACCESS, drainage,
sewer, water, and other utilities.
b. Adequacy of evidence of unified control and suitability of any
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proposed agreements, contract, or other instruments, or for
amendments in those proposed, particularly as they may relate
to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are
not to be provided or maintained at public expense. Findings
and recommendations of this type shall be made only after
consultation with the county attorney.
'..,
c. Conformity of the proposed PUD with the goals, objectives and
policies of the growth management plan.
d. The internal and external COMPATIBILITY of proposed uses,
which conditions may include restrictions on location of
improvements, restrictions on design, and BUFFERING and
screening requirements.
e. The adequacy of USABLE OPEN SPACE areas in existence
and as proposed to serve the DEVELOPMENT.
f. The timing or sequence of DEVELOPMENT for the purpose of
assuring the adequacy of available improvements and facilities,
both public and private.
g. The ability of the subject property and of surrounding areas to
accommodate expansion.
h. Conformity with PUD regulations, or as to desirable
modifications of such regulations in the particular case, based
on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal
application of such regulations.
2. Prehearing conference. Prehearing conferences may be held
between the APPLICANT and/or his representatives and officials or
representatives of the county prior to advertisement of the hearing
date. The purpose of such prehearing conferences shall be to
assist in bringing the application for rezoning to PUD as nearly as
possible into conformity with the intent of these or other applicable
regulations, and/or to define specifically any justifiable variations
from the application of such regulations.
3. Staff review and recommendation. Based upon evaluation of the
factors set forth above, the county staff shall prepare a report
containing their review findings, and a recommendation of approval
or denial.
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4. Hearing before the planning commission. Public notice shall be
given and a public hearing held before the planning commission on
the application for rezoning to PUD. Both the notice and the hearing
shall identify the application, by name and application number,
proposed PUD master plan of DEVELOPMENT, and required
statements as they may have been amended as a result of the
prehearing conference conducted pursuant to section 10.02.12.
5. Planning commission recommendation. The planning commission
shall make written findings as required in section 1'0.02.08 and as
otherwise required in this section and shall recommend to the
board of county commissioners either approval of the PUD
rezoning as proposed; approval with conditions or modifications; or
denial. In support of its recommendation, the planning commission
shall make findings as to the PUD master plan's compliance with
the following criteria in addition to the findings in section 10.02.08.
a. The suitability of the area for the type and pattern of
DEVELOPMENT proposed in relation to physical characteristics
of the land, surrounding areas, traffic and ACCESS, drainage,
sewer, water, and other utilities.
b. Adequacy of evidence of unified control and suitability of
agreements, contract, or other instruments, or for amendments
in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are
not to be provided or maintained at public expense. Findings
and recommendations of this type shall be made only after
consultation with the county attorney.
c. Conformity of the proposed PUD with the goals, objectives and
policies of the growth management plan.
d. The internal and external COMPATIBILITY of proposed uses,
which conditions may include restrictions on location of
improvements, restrictions on design, and BUFFERING and
screening requirements.
e. The adequacy of USABLE OPEN SPACE areas in existence
and as proposed to serve the DEVELOPMENT.
f. The timing or sequence of DEVELOPMENT for the purpose of
assuring the adequacy of available improvements and facilities,
both public and private.
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g. The ability of the subject property and of surrounding areas to
accommodate expansion.
h. Conformity with PUD regulations, or as to desirable
modifications of such regulations in the particular case, based
on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal
application of such regulations.
6. Action by board of county commissioners. Unless the application is
withdrawn by the APPLICANT or deemed "closed" pursuant to
section 2.03.06 of this Code, the board of county commissioners
shall, upon receipt of the planning commission's recommendation,
advertise and hold a public hearing on the application. The notice
and hearing shall be on the application, PUD master plan of
DEVELOPMENT and PUD document, as recommended by the
planning commission to the board of county commissioners. The
board of county commis,.,ioners shall either grant the proposed
rezoning to PUD; approvf' with conditions or modifications; or deny
the application for PUD re.:.:oning.
C. Effect of planned unit DEVELOPMENT zoning. If approved by the
county board of commissioners, the master plan for DEVELOPMENT, the
PUD document and all other information and materials formally submitted
with the petition shall be considered and adopted as an amendment to the
zoning code and shall become the standards for DEVELOPMENT for the
subject PUD. Thenceforth, the DEVELOPMENT in the area delineated as
the PUD district on the official zoning atlas shall proceed only in
accordance with the adopted DEVELOPMENT regulations and the PUD
master plan for said PUD district, except that approval and adoption of a
PUD ordinance or PUD master plan does not act to authorize or vest the
location, design, capacity, or routing of traffic for any ACCESS point
depicted on, or described in, such ordinance or plan.
Before DEVELOPMENT of any type may proceed, all agreements,
conditions of approval, and contracts required, but not approved at the
time of amending action, shall be approved by appropriate officers or
agencies of the county. Issuance of a final DEVELOPMENT ORDER
within any tract or increment within the PUD shall first require
compliance with all sections of the Collier County SUBDIVISION
regulations (Chapter 10) and/or the site DEVELOPMENT PLAN
regulations (section 10.02.03) as appropriate.
D. Time limits for approved PUDs. For purposes of this section, the word
"sunset" or "sunsetting" shall be the term used to describe a PUD which
has, through a determination made by the planning services department
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director, not met the time frames and DEVELOPMENT criteria outlined in
section 10.02.12 of this Code as applicable. For all PUDs, the owner entity
shall submit to the planning services department director a status report
on the progress of DEVELOPMENT annually from the date of the PUD
approval by the board of county commissioners. The purpose of the report
will be to evaluate whether or not the project has commenced in earnest in
accordance with the following criteria:
1. For PUDs approved prior to October 24, 2001 the landowner(s)
shall:
a. Obtain approval for improvements plans or a DEVELOPMENT
ORDER for all infrastructure improvements to include utilities,
roads and similar improvements required by the approved PUD
master Plan or other DEVELOPMENT ORDERS for at least 15
percent of the gross land area of the PUD site every five years
from the date of approval by the board of cou nty
commissioners; and
b. Receive FINAL LOCAL DEVELOPMENT ORDERS for at least
15 percent of the total number of approved DWELLING UNITS
in the PUD, or in the case of PUDs consisting of nonresidential
uses, 30 percent of the total approved gross leasable floor area
within the PUD every six years from the date of approval by the
board of county commissioners.
c. Any PUD approved before October 24, 2001 that receives
subsequent amendment approval shall be subject to the
DEVELOPMENT criteria and time limits established for those
PUDs approved on or after October 24, 2001 as outlined in
section 10.02.12 of this Code.
2. For PUDs approved on or after October 24, 2001 the land owner
shall:
a. For residential portions of PUDs, initiate physical
DEVELOPMENT of infrastructure improvements, including
ACCESS roads, intemal roads, sewer and water utilities and
any other related infrastructure, that supports a minimum of 15
percent of the designated residential area or areas of the PUD
by the third anniversary date of the PUD approval. An additional
15 percent of such infrastructure shall be completed every year
thereafter until PUD build out; and
b. For the nonresidential portions of PUDs and commercial and
industrial PUDs the owner entity shall initiate physical
Page 180 of 235
DEVELOPMENT of a minimum of 15 percent of authorized floOf
area when approved on the basis of a defined amount of floor
space, by the third anniversary date of the PUD approval. In the
event the floOf area is not the defining intensity measure, then
25 percent of the land area to include some representative
portion of the BUILDING space shall be constructed by the third
anniversary of the PUD approval date. The same amount of
DEVELOPMENT shall be required every year thereafter up to
an amount representing 75 percent of authorized buildable area
and floor area. Thefeafter the PUD shall be exempt from these
sunset provisions.
c. If in the event of a moratorium or othef action of government
that prevents the approval of any final DEVELOPMENT ORDER
the duration of the suspension of the approval shall not be
counted towards the three-year sunset provision.
3. Infrastructure improvements as required above shall be located on
site and shall constitute infrastructure that makes possible vertical
construction consistent with the permitted land uses. Acceleration
lanes, entry road ACCESS and the like do not count towards
meeting the required levels of infrastructure improvements as
required above.
4. PUD sunsetting. Prior to or any time after the planning services
department director determines that a PUD has sunsetted, then the
property owner shall initiate one of the following:
a. Request for a PUD extension; or
b. Request for PUD amendment.
5. Board of county commissioners action on PUDs which have
sunsetted. Upon review and considefation of the appropriate
application, or the status report provided by the property owner and
any supplemental information that may be provided, the board of
county commissioners shall elect one of the following:
a. To extend the current PUD approval for a maximum period of
two yeafs; at the end of which time, the property owner shall
again submit to the procedure as defined herein, however no
furthef DEVELOPMENT ORDER applications shall be
processed by the county until the PUD is officially extended.
b. Approve Of deny an application for a PUD amendment. The
existing PUD shall femain in effect until subsequent action by
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the board of county commissioners on the submitted
amendment to the PUD, however no further DEVELOPMENT
ORDER applications shall be processed by the county until the
PUD is officially amended.
c. Require the owner to submit an amended PUD. The existing
PUD shall remain in effect until subsequent action by the board
of county commissioners on the submitted amendment to the
PUD, however no further DEVELOPMENT ORDER applications
shall be processed by the county until the PUD is officially
amended.
i. If the owner fails to submit an amended application to the
PUD within six months of the action of the board of
county commissioners to require such a submittal, or the
board denies the request to amend the PUD, then the
board of county commissioners may initiate proceedings
to rezone the unimproved portions of the original PUD to
an appropriate zoning classification consistent with the
future land use element of the growth management plan.
6. PUD time limit extensions. Extensions of the time limits for a PUD
may be approved by the board of county commissioners. An
approved PUD may be extended as follows:
a. Maximum extension: There shall be a maximum of two
extensions. The first may be granted for a maximum of two
years from the date of original approval. The second extension,
may be granted for an additional two years from the date of
expiration of the first extension.
b, Approval of an extension shall be based on the following:
I. The PUD and the master plan is consistent with the
current growth management plan including, but not
limited to, DENSITY, intensity and CONCURRENCY
requirements;
ii, The approved DEVELOPMENT has not become
incompatible with existing and proposed uses in the
surrounding area as the result of DEVELOPMENT
approvals issued subsequent to the original approval of
the PUD zoning; and
iii. approved DEVELOPMENT will not, by itself or in
conjunction with other DEVELOPMENT, place an
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unreasonable burden on essential public facilities.
c. An extension request shall consist of the following:
i. A completed application form provided to the property
owner by the county; and
ii. A copy of the original PUD approval ordinance; and
iii. A written statement describing how the. criteria listed in
subsection 10.02.12 of this Code have been met; and
iv. A fee paid in accordance with the county fee resolution.
v. Any other information the County Manager or his
designee deems necessary to process and evaluate the
request.
d. No more than two extensions may be granted for any
DEVELOPMENT original approval date.
e. Any PUD developer who has not commenced DEVELOPMENT
pursuant to the sunsetting provisions set forth in section
10.02.12 of this Code within ten years of the original PUD
approval date shall submit a new rezoning application.
7. Retention of existing PUD status. Once a PUD has sunsetted the
land shall retain its existing PUD zoning status, however
applications for additional DEVELOPMENT ORDERS shall not be
processed until one of the following occurs:
a. The board of county commissioners approves a request for
extension of PUD zoning status.
b. The board of county commissioners approves an amendment to
the existing PUD.
Should the planning services department director determine that
DEVELOPMENT has commenced in earnest, then the land shall
retain its existing PUD approval and shall not be subject to
additional review and consideration of new DEVELOPMENT
standards or use modification pursuant to the provisions for time
limits for approved PUDs.
In the case of DEVELOPMENTS of regional impact, PUD time limit
restrictions shall be superseded by the phasing plan and/or time
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limits contained within the application for DEVELOPMENT approval
and approved as part of a DEVELOPMENT ORDER In
conformance with F.S. S 380.06.
E. Changes and amendments.
1. Substantial/insubstantial changes. Any substantial change(s) to an
approved PUD master plan shall require the review and
recommendation of the planning commission and approval by the
board of county commissioners prior to implementation. Any
insubstantial change(s) to an approved PUD master plan shall
require approval by the planning commission. For the purpose of
this section, a substantial change shall be deemed to exist where:
a. There is a proposed change in the boundary of the PUD; or
b. There is a proposed increase in the total number of DWELLING
UNITS or intensity of land use or height of BUILDINGS within
the DEVELOPMENT;
c. There is a proposed decrease in preservation, conservation,
recreation or OPEN SPACE areas within the DEVELOPMENT
not to exceed five percent of the total acreage previously
designated as such, or five acres in area;
d. There is a proposed increase in the size of areas used for
nonresidential uses, to include institutional, commercial and
industrial land uses (excluding preservation, conservation or
OPEN SPACES), or a proposed relocation of nonresidential
land uses;
e. There is a substantial increase in the impacts of the
DEVELOPMENT which may include, but are not limited to,
increases in traffic generation; changes in traffic circulation; or
impacts on other public facilities;
f. The change will result in land use activities that generate a
higher level of vehicular traffic based upon the Trip Generation
Manual published by the Institute of Transportation Engineers;
g, The change will result in a requirement for increased stormwater
retention, or will otherwise increase stormwater discharges;
h, The change will bring about a relationship to an ABUTTING
land use that would be incompatible with an ADJACENT land
use;
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I. Any modification to the PUD master plan or PUD document or
amendment to a PUD ordinance which is inconsistent with the
future land use element or other element of the growth
management plan or which modification would increase the
DENSITY or intensity of the permitted land uses;
j. The proposed change is to a PUD district designated as a
DEVELOPMENT of regional impact (DRI) and approved
pursuant to F,S. S 380.06, where such change requires a
determination and public hearing by Collier County pursuant to
F.S. S 380.06(19). Any change that meets the criterion of F.S. S
380.06(19)(e)2, and any changes to a DRI/PUD master plan
that clearly do not create a substantial deviation shall be
reviewed and approved by Collier County under this section
10.02.12 of this Code; or
k. Any modification to the PUD master plan or PUD document or
amendment to a PUD ordinance which impact(s) any
consideration deemed to be a substantial modification as
described under this section 10.02.12.
2. Procedure for substantial/insubstantial change determination.
a. The APPLICANT shall provide the planning services
department director documentation which adequately describes
the proposed changes along with the appropriate review fee
prior to review by the planning commission. The PUD master
plan map shall show all data normally required for submittal of a
PUD master plan unless it is otherwise determined not to be
necessary, describing the proposed changes in: 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. In
addition, the APPLICANT, for evaluation of PUD master plan
revisions, shall provide a detailed written narrative describing all
of the change(s) and the reasons for the request. Upon receipt
of the amended PUD master plan, the planning services
department director shall review said plan against criteria
established within section 10.02.12 E.1 above and may forward
the plan to any other agency, division or authority deemed
necessary for review and comment.
3. Substantial changes procedures. Changes, as identified in section
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"-,"-
10.02.12 E.1, shall be considered substantial changes to the
approved PUD master plan, and the APPLICANT shall be required
to submit and process a new application complete with pertinent
supporting data, as set forth in sections 10.02.12 A. and B.
4. Insubstantial changes procedures. Any insubstantial change(s) to
an approved PUD master plan based upon an evaluation of
subsection 10.02.12 E.1 shall require the review and approval of
the planning commission based on the findings and criteria used for
original applications as an action taken at a regularly scheduled
meeting.
5. Language changes. Language changes to a previously approved
PUD document shall require the same procedure as for amending
the official zoning atlas.
6. Minor changes not otherwise provided for. It shall be understood
that, while a PUD is required to describe and provide for
infrastructure, intended land use types, approximate acreages of
internal DEVELOPMENT tracts, and COMPATIBILITY with
ADJACENT land uses, minor changes may become necessary
during the SUBDIVISION or site DEVELOPMENT PLAN review
processes.
7. EDUCATIONAL and ANCILLARY PLANTS exception. When a
PUD is amended for the sole purpose of adding an educational
and/or ANCILLARY PLANT, that PUD will not be subject to the
review process outlined in section 10.02.12 E. The review
conducted will be limited to the impacts that the educational or
ANCILLARY PLANT will have on the surrounding uses.
8. The County Manager or his designee shall also be authorized to
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. Such changes shall include:
a. Internal realignment of RIGHTS-OF-WAY, including a relocation
of ACCESS points to the PUD itself; where no water
management facility, co n se rvatio n/ p reservatio n areas, or
required EASEMENTS are affected or otherwise provided for.
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b. Relocation of BUILDING envelopes when there is no
encroachment upon required conservation or preservation
areas.
c. Relocation of swimming pools, clubhouses, or other recreation
facilities when such relocation will not affect ADJACENT
properties or land uses.
d. Relocation or reconfiguration of lakes, ponds, or other water
facilities subject to the submittal of revised water management
plans, or approval of the environmental advisory board where
applicable.
Minor changes of the type described above shall nevertheless be
reviewed by appropriate staff to ensure that said changes are
otherwise in compliance with all county ordinances and regulations
prior to the planning services department director's consideration
for approval.
F. Monitoring requirements. In order to ensure and verify that approved
project DENSITIES or intensities of land will not be exceeded and that
DEVELOPMENT commitments will be fulfilled, annual monitoring reports
must be submitted by the owner(s) of a PUD to the County Manager or his
designee. The monitoring report must be prepared in a County approved
format to include an affidavit executed by the property owner(s) attesting
that the information contained in the monitoring report is factually correct
and complete, submitted annually, on each anniversary of the date said
PUD was approved by the board until the PUD is completely constructed
and all commitments in the PUD document/master plan are met (built out).
The monitoring report must provide the following information:
1. Name of project.
2. Name of owner.
3. Number of units, by residential type; square footage and acreage of
recreation facilities, commercial and other permitted uses;
infrastructure and/or other uses which are complete and approved
or for which a valid permit has been issued, but which have not
been completed and anyon-site or off-site commitments completed
and approved as of the due date of the monitoring report.
4. Up-to-date PUD master plan showing infrastructure,
projects/DEVELOPMENTS, plats, PARCELS' and other pertinent
information, including on-site or off-site commitments.
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5. Traffic counts for all ACCESS points to the ADJACENT roadway
network.
6. Copies of all required monitoring reports completed in past year
(Le., traffic, wellfield, etc.).
7. Up-to-date PUD document which includes all approved
amendments as of the date of the monitoring report.
8. Status of commitments in PUD document, including projected
completion dates if then established.
9. Other information as may be required by County Manager or his
designee.
10. Affidavit form drafted and supplied by Collier County to be
executed by the owner(s) of the PUD.
Change of ownership. A change in ownership shall not absolve the
original owner of the requirement to file an annual monitoring report.
Transferring responsibility for filing the annual monitoring report to an
entity other than the original owner may be demonstrated in the form of an
executed agreement between the original owner and the new entity which
when filed with the planning services department director shall
automatically transfer responsibility for filing the annual monitoring report.
G. Violations. Violation of this section shall be enforced as provided in
section 8,08.00.
H. Interpretations of PUD documents. The planning services department
director shall be authorized to interpret the PUD document and PUD
master plan.
I. Applicability. All applications for either a PUD rezoning or an
amendment to an existing PUD document or PUD master plan submitted
after January 8, 2003, shall comply with the amended procedures set forth
in section 2.02.12 of this Code. All PUDs existing and future, shall comply
with the sunset provisions established pursuant to section 2.02.12 D. of
this Code.
1. All applications for a PUD rezoning or an amendment to an existing
PUD document or PUD master plan whether submitted before or
after [the effective date of this ordinance], shall comply with the
processing time procedures set forth in this section of the Code.
10.02.14 Landscape Plans
Page 188 of 235
A. Landscape plan required. Prior to the issuance of any preliminary
SUBDIVISION plat, final site DEVELOPMENT PLAN, or BUILDING
permit, an APPLICANT whose DEVELOPMENT is covered by the
requirements of this section must submit a landscape plan to the County
Manager or his designee. The landscape plan must bear the seal of a
Landscape Architect registered in the State of Florida. The landscaping
required for single-family, two family, and MOBILE HOME DWELLING
UNITS must be shown on the BUILDING permit plot plan. This plan is not
required to bear the seal of a landscape architect.
The landscape plan must be drawn to a suitable scale, include dimensions,
north arrow, date, title, project owner's name, delineate the existing and
proposed parking, VEHICULAR USE AREAS, BUILDINGS, ACCESS
points, and roadways, show all utility lines or EASEMENTS, and show the
location of existing and proposed planting areas and vegetation
communities and designate them by species name. The code-required
landscaping must be highlighted or indicated on the plan to differentiate
from the APPLICANT'S provided landscaping that is in addition to that
required by this Code. Design creativity is encouraged so long as it meets
the intent of this Code. The plan must show the location of permanent
vegetation protection devices, such as barricades, curbing, and tree wells.
The plan must also include a plant legend indicating graphic plant symbol,
botanical and common name, quantity, height, spread, spacing, native
status, drought tolerance rating (as defined by "Xeriscape Plan Guide II"
published by South Florida Water Management District, West Palm
BEACH, FL) and type of mulch. The plan must show tree and palm staking
details per accepted industry practices and standards. In addition, a
tabulation of the code-required landscaping indicating the calculations
necessary to insure compliance with this Code must also appear. A
certificate of occupancy must not be issued until approval of the
landscaping plan and installation of plants and materials consistent with
that approved plan has been completed and inspected by the County.
1. Public EDUCA TIONAL FACILITIES and Plant, ANCILLARY
PLANT, and AUXILLARY FACILITY.
ESSENTIAL SERVICES including Collier County Public Schools
(CCPS) I public Educational and ANCILLARY PLANTS, and other
public facility projects developed jointly with CCPS may demonstrate
that the intent of this division can be effectively accomplished without
meeting specific DEVELOPMENT standards. The APPLICANT must
request an administrative review of the alternative design, as outlined
in paragraph (a) below. The deviations are limited to quantity of plant
material and the School district must demonstrate that the deviation is
necessary as a result of an educational program or joint use of the
school site with another public facility or use.
Page 189 of 235
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a. Procedure.
In addition to the base submittal requirements, APPLICANTS shall
clearly label the plan submitted as an "Alternative Landscape Code
Plan". This plan shall reference the deviations on the plan. An
APPLICANT must submit a narrative description identifying the
code DEVELOPMENT standards required by this section which will
be add ressed through the alternative approach. The County
Manager or his designee will administratively review submittal
documents for consistency with the intent of this division. If the
plan is approved through this provision, the approved deviations
must be specifically noted and the basis of the approval must be
stated within the site DEVELOPMENT PLAN approval letter.
Deviations approved will be applicable only to the specific design
and plan reviewed. Modifications of an approved design will void
the deviation request and require resubmittal to planning services
staff for re-evaluation of the request in the context of the amended
design and plan,
b. Exemption
An administrative deviation is not required for specific standards
relating to placement of plant materials if the intent of the Code can
nonetheless be carried out without meeting these standards. The
intent of the division can be demonstrated by detailing a specific
health, safety, or welfare concern as defined by SREF or as may be
unique to a specific site or educational program that would override
the need to provide plant materials. A copy of SREF, as may be
amended, is available in the records room in the Community
DEVELOPMENT and Environmental Services Division BUILDING.
B. Irrigation plan required. Prior to the issuance of any SUBDIVISION plat
or final site DEVELOPMENT PLAN, an APPLICANT whose
DEVELOPMENT is subject to the requirements of this section shall submit
a separate irrigation plan to the County Manager or his designee. The plan
shall be prepared by persons qualified to prepare irrigation plans, such as
an irrigation designer or landscape architect.
The irrigation plan shall be drawn at the same scale as the landscape plan
to: show existing vegetation to remain; delineate existing and proposed
BUILDINGS and other site improvements, parking spaces, aisles, and
DRIVEWAYS; indicate main, valve, and pump locations, pipe sizes and
specifications; show controller locations and specifications; show backflow
preventer and rain-sensing devices and include a typical sprinkler zone
plan indicating type, specifications and spacing, and coverage. If drip
irrigation or soaker hoses are proposed, their layout shall be shown.
Page 190 of 235
I rrigation systems shall be designed to avoid impacts with existing
vegetation. Field changes may be made to avoid disturbance of such
vegetation, such as line routing, sprinkler head placement, and spray
direction adjustments.
C. Existing plant communities. Existing plant communities and
ecosystems shall be maintained in a natural state and shall not be
required to be irrigated. Native plant areas that are supplements to an
existing plant community or newly installed by the APPLICANT shall be
irrigated on a temporary basis only during the period of establishment from
a temporary irrigation system, water truck, or by hand watering with a
hose.
10.03.00 NOTICE REQUIREMENTS
10.03.01 Generally [Reserved]
10.03.02 Posting SIGNS Required [Reserved]
10.03.03 Mailed Notice Requirements [Reserved]
10.03.04 Published Notice Requirements [Reserved]
10.03.05 Notice Requirements for Public Hearings Before the BCC, the
Planning Commission, the Board of Zoning Appeals, The EAC, and the
Historic Preservation Board
A. Notice and public hearing where proposed amendment would not
change zoning classification of land. Ordinances or resolutions initiated by
the board of county commissioners or its designee which do not actually
change the official zoning atlas (the zoning designation applicable to a
piece of property) but do affect the use of land, including, but not limited
to, land DEVELOPMENT regulations as defined in F.S. S 163.3202,
regardless of the percentage of the total land area of the county actually
affected, shall be enacted or amended pursuant to the following public
notice and hearing requirements by the planning commission and the
board of county commissioners:
1. The planning commission shall hold one advertised public
hearing on the proposed ordinance or resolution. No request for
establishment or amendment of a regulation that affects the use of
land may be considered by the planning commission until such time
as notice of a public hearing on the proposed amendment has been
given to the citizens of Collier County by publication of a notice of
the hearing in a newspaper of general circulation in the county, at
least 15 days in advance of the public hearing. '
2. The board of county commissioners shall hold at least one
advertised public hearings on the proposed ordinance or resolution.
Page 191 of 235
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The regular enactment procedure for such ordinance or resolution
shall be as follows: The board of county commissioners at any
regular or special meeting may enact or amend the ordinance or
resolution if notice of intent to same is given at least 10 days prior
to said meeting by publication in a newspaper of general circulation
in the county. A copy of such notice shall be kept available for
public inspection during regular business hours of the office of clerk
to the board of county commissioners. The notice of proposed
enactment shall state the date, time and place of the meeting, the
title of the proposed ordinance or resolution, and the place or
places within the county where such proposed ordinance or
resolution may be inspected by the public. The notice shall also
advise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance or resolution.
B. Notice and public hearing where proposed amendment would change
zoning classification of land and for CONDITIONAL USES and variances.
In the case of an application for the rezoning of land, to include rezonings,
CONDITIONAL USES and variances initiated by other than the board of
county commissioners or amendments to planned unit DEVELOPMENTS,
such provisions shall be enacted or amended pursuant to the following
public notice and hearing requirements by the planning commission and
the board of county commissioners. Rezoning, CONDITIONAL USE and
variance petitions initiated by the board of county commissioners or its
agencies for county owned land shall be subject to these provisions.
1. A SIGN shall be posted at least 15 days prior to the date of
the public hearing by the planning commission. The SIGN to be
posted shall contain substantially the following language and the
SIGN'S copy shall utilize the total area of the SIGN:
PUBLIC HEARING TO REZONE THIS PROPERTY:
FROM TO
TO PERMIT:
DATE:
TIME:
(or where applicable the following:)
PUBLIC HEARING REQUESTING
CONDITIONAL USE (VARIANCE) APPROVAL
(both to contain the following information:)
TO PERMIT: (Sufficiently clear to describe the project)
Page 192 of 235
DATE:
TIME:
TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER
COUNTY GOVERNMENT CENTER.
The area of the SIGNS shall be as follows:
a. For properties less than one acre in size, the SIGN shall measure
at least one and one-half square feet in area.
b. For properties one acre or more in size, the SIGN shall measure at
least 32 square feet in area.
2. In the case of SIGNS located on properties less than one
acre in size, a SIGN shall be erected by the County Manager or his
designee in full view of the public on each STREET side of the
subject property. Where the property for which approval is sought is
landlocked or for some other reason the SIGNS cannot be posted
directly on the subject property, then the SIGN or SIGNS shall be
erected along the nearest STREET RIGHT-OF-WAY, with an
attached notation indicating generally the distance and direction to
the subject property.
3. In the case of SIGNS located on properties one acre or more
in size, the APPLICANT shall be responsible for erecting the
required SIGN{S). A SIGN shall be erected in full view of the public
on each STREET upon which the subject property has
FRONTAGE. Where the subject property is landlocked, or for some
other reason the SIGNS cannot be posted directly on the property,
then the SIGN or SIGNS shall be erected along the nearest
STREET RIGHT-OF-WAY, with an attached notation indicating
generally the distance and direction to the subject property. There
shall be at least one SIGN on each external boundary which fronts
upon a STREET, however, in the case of external boundaries along
a STREET with greater FRONT AGES than 1,320 linear feet,
SIGNS shall be placed equidistant from one another with a
maximum spacing of 1,000 linear feet, except that in no case shall
the number of SIGNS along an exterior boundary fronting on a
STREET exceed four SIGNS, The APPLICANT shall provide
evidence to the planning services department that the SIGN(S)
were erected by furnishing photographs of the SIGN(S) showing
the date of their erection at least ten days prior to the scheduled
public hearing by the planning commission, whichever has
Page 193 of 235
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jurisdiction. The SIGNS shall remain in place until the date of either
of the following occurrences: 1. Final action is taken by the board of
county commissioners or 2. The receipt of written notification by the
planning services department director from the APPLICANT
requesting to withdraw the petition or requesting its indefinite
continuance.
4. The planning commission shall hold one advertised public
hearing. Notice of the time and place of the public hearing by the
planning commission shall be sent at least 15 days in advance of
the hearing by mail to the owner of the subject property or his
designated agent or attorney, if any.
5. Notice of the time and place of the public hearing by the
planning commission shall be advertised in a newspaper of general
circulation in the county at least one time at least 15 days prior to
the public hearing. Where applicable, the notice shall clearly
describe the proposed land uses, applicable DEVELOPMENT
standards, intensity or DENSITY in terms of total floor area of
commercial or industrial space and DWELLING UNITS per acre for
residential projects, and a description of the institutional or
recreational uses when part of the DEVELOPMENT strategy. The
advertisement shall also include a location map that identifies the
approximate geographic location of the subject property.
6. For subject properties located within the urban designated
area of the future land use element of the growth management
plan, notice of the time and place of the public hearing by the
planning commission shall be sent by the county twice. The first
notice shall be sent no less than 30 days after the receipt of a
sufficient application by the planning services department. The
second notice shall be sent at least 15 days in advance of the
hearing. Both notices shall be sent by mail to all owners of property
within 500 feet of the property lines of the land for which an
approval is sought; provided, however, that where the land for
which the approval is sought is part of, or ADJACENT to, land
owned by the same person, the 500 foot distance shall be
measured from the boundaries of the entire ownership or PUD,
except that notice need not be mailed to any property owner
located more than one-half mile (2,640 feet) from the subject
property. For the purposes of this requirement, the names and
addresses of property owners shall be deemed those appearing on
the latest tax rolls of Collier County and any other persons or
entities who have made a formal request of the county to be
notified.
Page 194 of 235
7. For subject properties located within areas of the future land
use element of the growth management plan that are not
designated urban, all of the foregoing notice requirements apply,
except that written notification must be sent to all property owners
within 1,000 linear feet of the subject property. For the purposes of
this requirement, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of Collier
County and any other persons or entities who have formally
requested the county to be notified.
8. Notice of the time and place of the public hearing by the
board of county commissioners shall be advertised in a newspaper
of general circulation in the county at least one time at least 15
days prior to the public hearing.
9. The clerk to the board of county commissioners shall notify
by mail each real property owner whose land is subject to rezoning,
or PUD amendment, and whose address is known by reference to
the latest ad valorem tax records. The notice shall state the
substance of the proposed ordinance or resolution. Such notice
shall be given at least 15 days prior to the date set for the public
hearing, and a copy of such notices shall be kept available for
public inspection during the regular business hours of the clerk to
the board of county commissioners.
10. The boa rd of county commissioners shall hold one
advertised public hearing on the proposed ordinance or resolution
and may, upon the conclusion of the hearing, immediately adopt
the ordinance or resolution.
C. Notice and public hearing where proposed amendment initiated by the
board of county commissioners would change the zoning map designation
of a PARCEL or PARCELS of land involving less than ten contiguous
acres of land. In cases in which the proposed comprehensive rezoning
action, including but not limited to those provided for in the Zoning
Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the
board of county commissioners or its designee involves less than ten
contiguous acres of land [such provisions] shall be enacted or amended
pursuant to the following public notice and hearing requirements by the
planning commission and the board of county commissioners.
1. The planning commission shall hold one advertised public
hearing. Notice of the time and place of the public hearing by the
planning commission shall be advertised in a newspaper of general
circulation in the county at least one time at least 15 days prior to
the date of the public hearing. Notice of the time and place of the
public hearing by the planning commission shall be sent at least 15
Page 195 of 235
---- .~. ..._.n ....._-,- ~"..-
days in advance of the hearing, by mail, to the owner of the
properties whose land will be rezoned by enactment of the
ordinance or resolution, whose address is known by reference to
the latest ad valorem tax records.
2. A notice advising of the hearing by the board of county
commissioners to consider rezoning properties shall be sent by
mail [to] each real property owner whose land will be redesignated
by enactment of the ordinance or resolution and whose address is
known by reference to the latest ad valorem tax records. The notice
shall state the substance of the proposed ordinance or resolution
as it affects the property owner and shall set a time and place for
the public hearing on such ordinance or resolution. Such notice
shall be given at least 30 days prior to the date set for the public
hearing. Additionally, notice of the time and place of the public
hearing by the board of county commissioners shall be advertised
in a newspaper of general circulation in the county at least ten days
prior to the public hearing. A copy of such notice shall be kept
available for public inspection during regular business hours of the
office of the clerk of the board of county commissioners. The notice
of the proposed enactment shall state the date, time, and place of
the meeting; the title or titles of proposed ordinances; and the place
or places within the county where such proposed ordinances may
be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
3. The boa rd of county commissioners shall hold one
advertised public hearing on the proposed ordinance or resolution
and may, upon the conclusion of the hearing, immediately adopt
the ordinance or resolution.
D. Notice and public hearing requirements where proposed amendment
initiated by the board of county commissioners would change the zoning
map designation of a PARCEL or PARCELS involving ten contiguous
acres or more of land in the county or would change the actual list of
permitted, conditional, or prohibited uses of land within a zoning category.
Ordinances or resolutions initiated by the board of county commissioners
which propose to change to the zoning map designation of a PARCEL or
PARCELS of land involving ten acres or more of land, or which changes
the actual list of permitted, conditional or prohibited uses of land within a
zoning category shall be enacted or amended pursuant to the following
minimum public notice and hearing requirements:
1. The planning commission shall hold at least one advertised
public hearing unless the planning commission elects by a majority
decision to hear such ordinance or resolution to be heard at two
Page 196 of 235
public hearings before the planning commission. If there is only one
hearing required before the planning commission, that hearing shall
be held after 5:00 p.m. on a weekday, and if there are two hearings
required before the planning commission, then at least one of the
required hearings shall be held after 5:00 p.m. on a weekday, and
in which case the first hearing shall be held approximately seven
days after the day that the first advertisement is published. The
second hearing will be held approximately two weeks after the first
hearing and shall be advertised approximately five days prior to the
public hearing. The day, time and place of a second public hearing
shall be announced at the first public hearing.
2. The required advertisements for the planning commission
public hearings shall be no less than one-quarter page in a
standard size or a tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller than 18 point. The
advertisement shall not be placed in that portion of the newspaper
where legal notices and classified advertisements appear. The
advertisement shall be published in a newspaper of general paid
circulation in the county and of general interest and readership in
the community pursuant to F.S. ch. 50, not one of limited subject
matter. It is the legislative intent that, whenever possible, the
advertisement shall appear in a newspaper that is published at
least five days per week unless the only newspaper in the
community is published Jess than five days per week. The
advertisement shall be in the following form:
NOTICE OF ZONING CHANGE
The (name of local government unit) proposes to rezone the land
within the area shown in the map in this advertisement.
A public hearing on the rezoning will be held on (date and time) at
(meeting place).
3. The advertisement shall also contain a geographic location
map which clearly indicates the area covered by the proposed
ordinance or resolution. The map shall include major STREET
names as a means of identification of the area.
4. The board of county commissioners shall hold two
advertised public hearings on the proposed ordinance or resolution.
At least one hearing shall be held after 5:00, p.m. on a weekday,
unless the board of county commissioners, by a majority plus one
vote, elects to conduct that hearing at another time of day. The first
public hearing shall be held at least seven days after the day that
Page 197 of 235
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the first advertisement is published. The second hearing shall be
held at least ten days after the first hearing and shall be advertised
at least five days prior to the public hearing.
5. The required advertisements shall be no less than two
columns wide by ten inches long in a standard size or a tabloid size
newspaper, and the headline in the advertisement shall be in a type
no smaller than 18 point. The advertisement shall not be placed in
that portion of the newspaper where legal notices. and classified
advertisements appear. The advertisement shall be placed in a
newspaper of general paid circulation in the county and of general
interest and readership in the community pursuant to F.S. ch. 50,
not one of limited subject matter. It is the legislative intent that,
whenever possible, the advertisement shall appear in a newspaper
that is published at least five days a week unless the only
newspaper in the community is published less than five days a
week. The advertisement shall be in substantially the following
form:
NOTICE OF (TYPE OF) CHANGE
The (name of local government unit) proposes to adopt the
following by ordinance or resolution.
A public hearing on the ordinance or resolution will be held on
(date and time) at (meeting place) .
Except for amendments which change the actual list of permitted,
conditional, or prohibited uses within a zoning category, the
advertisement shall contain a geographic location map which
clearly indicates the area within the local government covered by
the proposed ordinance or resolution. The map shall include major
STREET names as a means of identification of the general area.
6. In lieu of publishing the advertisement set out in this
paragraph, the board of county commissioners may mail a notice to
each person owning real property within the area covered by the
ordinance or resolution. Such notice shall clearly explain the
proposed ordinance or resolution and shall notify the person of the
time, place, and location of both public hearings on the proposed
ordinance or resolution.
E, Public parlicipation requirements for rezonings, PUD amendments,
CONDITIONAL USES, variances or parking exemptions.
1. APPLICANTS requesting a rezoning, PUD amendment, or
CONDITIONAL USE approval must conduct at least one
Page 198 of 235
Neighborhood Informational Meeting (nNIM") after initial staff review
and comment on the application and before the Public Hearing is
scheduled with the Planning Commission. The appropriate number
of staff reviews of the application returned before the NIM can be
held will be at the discretion of the County Manager or his
designee, only in cases where one or two pending reviews are
unnecessarily hindering the APPLICANT from presenting the
proposal to the public. Written notice of the meeting shall be sent
to all property owners who are required to receive legal notification
from the county pursuant to section 10.02.12 C. Notification shall
also be sent to property owners, CONDOMINIUM and civic
associations whose members are impacted by the proposed land
use changes and who have formally requested the county to be
notified. A list of such organizations must be provided and
maintained by the county, but the APPLICANT must bear the
responsibility of insuring that all parties are notified. A copy of the
list of all parties noticed as required above, and the date, time, and
location of the meeting, must be furnished to the planning services
department and the office of the board of county commissioners no
less than ten days prior to the scheduled date of the neighborhood
informational meeting. The APPLICANT must make arrangements
for the location of the meeting. The location must be reasonably
convenient to those property owners who are required to receive
notice and the facilities must be of sufficient size to accommodate
expected attendance. The APPLICANT must further cause a
display advertisement, one-fourth page, in type no smaller than 12
point and must not be placed in that portion of the newspaper
where legal notices and classified advertisements appear stating
the purpose, location, time of the meeting and legible site location
map of the property for which the zoning change is being
requested. The advertisement is to be placed within a newspaper
of general circulation in the county at least seven days prior to, but
no sooner than five days before, the neighborhood informational
meeting. The Collier County staff planner assigned to attend the
pre-application meeting, or designee, must also attend the
neighborhood informational meeting and shall serve as the
facilitator of the meeting, however, the APPLICANT is expected to
make a presentation of how it intends to develop the subject
property. The APPLICANT is required to audio or video tape the
proceedings of the meeting and to provide a copy of same to the
planning services department.
2. As a result of mandated meetings with the public, any
commitments made by the APPLICANT shall be reduced to writing
and made a part of the record of the proceedings provided to the
planning services department. These written commitments will be
Page 199 of 235
~."_."'-- -<",.-
made a part of the staff report to the county's appropriate review
and approval bodies and made a part of the consideration for
inclusion in the conditions of approval of any applicable
DEVELOPMENT ORDER.
3, Any APPLICANT requesting variance approval or parking
exemption approval must provide documentation to the planning
services department indicating that property owners within 150 feet
of the subject site have been advised of the extent and nature of
the variance or parking exemption requested within 30 days of
receipt of a letter indicating that the application is sufficient.
4. Where it has been determined that there is a property owner,
functioning CONDOMINIUM or civic association which has made
formal request of the county to be so notified, then the APPLICANT
must provide written documentation to the planning services
department indicating that such property owner or organization has
also been notified concerning the extent and nature of the variance
or parking exemption requested. The APPLICANT must provide a
written account of the result of such notice and shall submit any
and all written communications to the planning services
department. A list of property owners, homeowner or
CONDOMINIUM associations notified and any other written
communications must be submitted to the planning services
department at least two weeks prior to the scheduled date of the
first advertised public hearing.
F. Planning commission hearing and report to the board of county
commissioners.
1. Time limits. Hearings by the planning commission on
applications for rezoning of land may be held at least 24 times a
year. For applications not involving the rezoning of land, but which
involve amendments to these zoning regulations, the planning
commission shall hold its public hearings twice per calendar year,
except amendments to these zoning regulations may be made
more often than twice during the calendar year if the additional
amendment cycle receives the approval of a super-majority vote of
the board of county commissioners. Unless a longer time is
mutually agreed upon by the planning commissioners, the planning
commISSion shall file its recommendations for either type of
amendment with the board of county commissioners within 45 days
after the public hearing before the planning commission has been
closed.
Page 200 of 235
2. Presentation of evidence. The staff report on the application
for rezoning shall be presented prior to the close of the public
hearing on the application. The APPLICANT shall be afforded the
opportunity, prior to the close of the public hearing, to respond to
any contentions presented by any testimony or other evidence
presented during the public hearing, and to respond to the staff
report, after receipt of which the hearing shall be concluded, unless
the hearing is continued and the matter referred back to staff for
further consideration of such matters as the planning commission
may direct.
G. Nature of requirements of planning commission report. When
pertaining to the rezoning of land, the report and recommendations of the
planning commission to the board of county commissioners required in
10.02.12 D. shall show that the planning commission has studied and
considered the proposed change in relation to the following, when
applicable:
1. Whether the proposed change will be consistent with the
goals, objectives, and policies and future land use map and the
elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to
ADJACENT and nearby districts.
4. Whether existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for change.
5. Whether changed or changing conditions make the passage
of the proposed amendment necessary.
6. Whether the proposed change will adversely influence living
conditions in the neighborhood.
7. Whether the proposed change will create or excessively
increase traffic congestion or create types of traffic deemed
incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during
construction phases of the DEVELOPMENT, or otherwise affect
public safety.
8. Whether the proposed change will, create a drainage
problem.
9. Whether the proposed change will seriously reduce light and
Page 201 of 235
"~._- __H.._"._,
2. Petition for a rezone at such time as all required existing
community and public facilities and services have been provided at
the private expense of the petitioner; or
3. Post a surety in lieu of completed improvements to
guarantee that all of the required community and public facilities
and services will be provided; or
4. Facilities for parks and schools through land dedication or
fee in lieu of such dedication; or
5. Other method acceptable to board of county commissioners.
I. Other proposed amendments. When pertaining to other proposed
amendments of these zoning regulations, the planning commission shall
consider and study:
1. The need and justification for the change;
2. The relationship of the proposed amendment to the
purposes and objectives of the county's growth management plan,
with appropriate consideration as to whether the proposed change
will further the purposes of these zoning regulations and other
county codes, regulations, and actions designed to implement the
growth management plan.
J. Restrictions, stipulations and safeguards. The planning commission
may recommend that a petition to amend, supplement or establish a
zoning district be approved subject to stipulations, including, but not
limited to limiting the use of the property to certain uses provided for in the
requested zoning district. The governing body, after receiving the
recommendation from the planning commission on a request to amend,
supplement or establish a zoning district, may grant or deny such
amendment or supplement and may make the granting conditional upon
such restrictions, stipulations and safeguards as it may deem necessary to
ensure compliance with the intent and purposes of the growth
management plan.
Restrictions, stipulations and safeguards attached to an amendment,
supplement, or establishment of a zoning district may include, but are not
limited to those necessary to protect ADJACENT or nearby landowners
from any deleterious effects from the full impact of any permitted uses,
limitations more restrictive than those generally applying to the district
regarding DENSITY, height, connection to central water and sewer
systems and stipulations requiring that DEVELOPMENT take place in
accordance with a specific site plan. The maximum DENSITY permissible
or permitted in a zoning district within the urban designated area shall not
exceed the DENSITY permissible under the DENSITY rating system. The
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board of county commissioners shall be required to condition and limit the
DENSITY of a zoning district to a DENSITY not to exceed the maximum
DENSITY permissible under the DENSITY rating system. The governing
body may also stipulate that the DEVELOPMENT take place within a
given period of time after which time public hearings will be initiated and
the district returned to the original designation or such other district as
determined appropriate by the governing body in accordance with the
growth management plan and sections 10.02.12 D. and 10.02.08 L. Any
restrictions, stipulations and safeguards attached to an amendment or
rezoning including those identified in section 10.02.08 H. may be indicated
on the official zoning atlas in a manner deemed by the county to be
appropriate and informative to the public. In cases where stipulations,
restrictions or safeguards are attached, all representations of the owner or
his agents at public hearings shall be deemed contractual and may be
enforced by suit for injunction or other appropriate relief. All conditions,
restrictions, stipulations and safeguards which are a condition to the
granting of the change in zoning district shall be deemed contractual and
may be enforced by suit for injunction or other appropriate relief. All costs,
including reasonable attorney's fees shall be awarded to the governmental
unit if it prevails in such suit.
1. Dedication of public facilities and DEVELOPMENT of prescribed
amenities.
Public facility dedication. The board of county commissioners may,
as a condition of approval and adoption of the rezoning required
that suitable areas for STREETS, public RIGHTS-OF-WAY,
schools, parks, and other public facilities be set aside, improved,
and/or dedicated for public use. Where impact fees are levied for
one or more such public facilities, the market value of the land set
aside for the public purpose shall be credited towards impact fees
to the extent authorized by the County's Consolidated Impact Fee
Ordinance. Said credit shall be based on a negotiated amount not
greater than the market value of the set aside land prior to the
rezoning action, as determined by an accredited appraiser from a
list approved by Collier County. Said appraisal shall be submitted to
the county attorney's office and the real property office within gO
days of the date of approval of the rezone, or as otherwise
extended in writing by Collier County, so as to establish the amount
of any impact fee credits resulting from said dedication. Failure to
provide said appraisal within this gO-day time frame shall
automatically authorize the county to determine the market value of
the property. Impact fee credits shall only, be effective after
recordation of the conveyance document conveying the dedicated
property to Collier County. Where the term Collier County is used in
this section, it shall be construed to include the Collier County
Page 204 of 235
Water and Sewer District or other agency or dependant district of
Collier County Government.
Land set aside and/or to be improved as committed as part of the
rezoning approval shall be deeded or dedicated to Collier County
within 90 days of receipt of notification by the county that the
property is needed for certain pending public improvements or as
otherwise approved by the board of county commissioners during
the rezoning approval process. In any case, however, the county
shall take title to the set aside property, at the IcHest, by a date
certain established during, and condition on, the approval of the
rezoning action. At no cost to the county, the land set aside and/or
to be improved shall be made free and clear of all liens,
encumbrances and improvements, at the developer's sole expense,
except as otherwise approved by the board. Failure to deed the
land or complete the dedication within the 90 day appropriate time
frame noted above may result in a recommendation to the board of
for consideration of rezoning the subject PARCEL from its current
zoning district to an appropriate zoning district and may in a
violation of this Code pursuant to section 8.08.00.
Should the dedication of land also include agreed upon
improvements, said improvements shall be completed and
accepted by Collier County Board of Commissioners at the
DEVELOPMENT phase which has infrastructure improvements
available to the PARCEL of land upon which said improvements
are to be made, or at a specified time provided for within the
ordinance approving the rezone.
K. Status of planning commission report and recommendations. The
report and recommendations of the planning commission required by
section 10.02.08 D. through H. shall be advisory only and not be binding
upon the board of county commissioners.
L. Board of county commissioners: action on planning commission report.
1. Upon receipt of the planning commission's report and
recommendations, the board of county commissioners shall hold a
second public hearing with notice to be given pursuant to the
provisions of genera/law. The reports and recommendations of the
staff and the planning commission on the application shall be
presented prior to the close of the public hearing on the application.
The APPLICANT shall have the right, prior to the close of the
public hearing, to respond to any contentions presented by any
testimony or other evidence presented during the public hearing.
2. In the case of all proposed changes or amendments, such
changes or amendments shall not be adopted except by the
Page 205 of 235
"~'"-",
affirmative vote of four members of the board of county
commissioners.
M, Failure of board of county commissioners to act. If a planning
commission recommendation is not legislatively decided within 90 days of
the date of closing of the public hearing by the board of county
commissioners, the application upon which the report and
recommendation is based shall be deemed to have been denied, provided
that board of county commissioners may refer the application to the
planning commission for further study.
N. Limitations on the rezoning of property.
1. No change in the zoning classification of property shall be
considered which involves less than 40,000 square feet of area and
200 feet of STREET FRONT AGE except: where the proposal for
rezoning of property involves an extension of an existing or similar
ADJACENT district boundary; within the broader land use
classification of "C" districts, "RSF" districts, "RMF" districts,
wherein such rezone is compatible with, or provides appropriate
transition from, ADJACENT districts of higher DENSITY or
intensity. However, the requirement of 200 feet of STREET
FRONT AGE shall not apply to rezone petitions that provide 80
percent or more AFFORDABLE HOUSING units.
2. Whenever the board of county commissioners has denied an
application for the rezoning of property, the planning commission
shall not thereafter:
a. Consider any further application for the same
rezoning of any part or all of the same property for a period
of 12 months from the date of such action;
b. Consider an application for any other kind of rezoning
of any part or all of the same property for a period of six
months from the date of such action,
3. Except as otherwise provided within section 10.02.12 D. all
zoning approvals for which a final DEVELOPMENT ORDER has
not been granted within the fifth year of the date of its approval
shall be evaluated to determine if the zoning classification for the
property should be changed to a lower, or more suitable
classification.
During the fifth year after the date of the zoning approval by the
board of cou nty commissioners and during every fifth year
thereafter, the County Manager or his designee shall prepare a
Page 206 of 235
report on the status of the rezoned property. The purpose of the
report will be to evaluate what procedural steps have been taken to
develop the property under its current zoning classification.
Should the County Manager or his designee determine that
DEVELOPMENT has commenced, then the land shall retain its
existing zoning classification and shall not be subject to additional
review and classification change.
Should the County Manager or his designee determine that
DEVELOPMENT has not commenced, then upon review and
consideration of the report and any supplemental information that
may be provided, the board of county commissioners shall elect
one of the following:
a. To extend the current zoning classification on the
property for a maximum period of five years; at the end of
which time, the property shall again be evaluated under the
procedures as defined herein.
b. Direct the appropriate county staff to begin rezoning
procedures for said property. The existing zoning
classification of the property shall remain in effect until
subsequent action by the board on the property.
In the case of DEVELOPMENTS of regional impact, time
limit restrictions shall be superseded by the phasing plan
and/or time limits contained within the application for
DEVELOPMENT approval and approved as part of a
DEVELOPMENT ORDER in conformance with F.S. 9
380.06.
O. Applications for rezones to a specific use. The APPLICANT for any
rezoning application may, at his or her option, propose a specific use or
ranges of uses permitted under the zoning classification for which
application has been made. As a condition of approval of such proposal,
the DEVELOPMENT of the property which was the subject of the rezoning
application shall be restricted to the approved use or range of uses. Any
proposed addition to the approved use or range of uses shall require
resubmittal of a rezoning application for the subject property.
p, Waiver of time limits. The time limits of (N) above may be waived by
three affirmative votes of the board of county commissioners when such
action is deemed necessary to prevent injustice or to facilitate the proper
DEVELOPMENT of Collier County,
Q. Site DEVELOPMENT PLAN time limits. Approved final site
DEVELOPMENT PLANS (SOPs) only remain valid and in force for two
years from the date of approval unless construction has commenced as
Page 207 of 235
..-.-." - ,--
specified in section 10.02.03 of this Code. If no DEVELOPMENT, i.e.,
actual construction, has commenced within two years, measured from the
date of such site DEVELOPMENT PLAN approval, the site
DEVELOPMENT PLAN approval term expires and the SOP, is of no force
or effect; however, one amendment to the SOP, may be approved, prior to
the expiration date, which would allow the SOP as amended to remain
valid for two years measured from the date of approval of the amendment
so long as the proposed amendment complies with the requirements of
the then existing code. Once construction has commenced, the approval
term will be determined by the provisions of section 10.02.03 of this Code.
R. Rezoning application processing time. An application for a rezoning,
amendment or change will be considered "open" when the determination
of "sufficiency" has been made and the application is assigned a petition
processing number. An application for a rezoning, amendment or change
will be considered "closed" when the petitioner withdraws the subject
application through written notice or ceases to su pply necessary
information to continue processing or otherwise actively pursue the
rezoning, amendment or change, for a period of six months. An
application deemed "closed" will not receive further processing and shall
be withdrawn. An application "closed" through inactivity shall be deemed
withdrawn. The planning services department will notify the APPLICANT
of closure, however, failure to notify by the county shall not eliminate the
"closed" status of a petition. An application deemed "closed" may be re-
opened by submission of a new application, repayment of all application
fees and the grant of a determination of "sufficiency". Further review of the
request will be subject to the then current code.
1. Applicability. All applications for a rezoning whether submitted
before or after June 26, 2003, shall comply with the processing time
procedures set forth in this section of this Code.
10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT
ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC, OR THE GMP
The procedures generally set out in the chart below (illustration 10.04.00) are
more fully described in detail in sections 10.04.02 - 10.04.04.
Page 208 of 235
PROCEDURES FLOW CHART
APPLICATION
SUBMITTED
(10.0202, 10.02.03,
10.0204, 10.02.05)
r'TYPEi-- f-@-:.TYPE'il....-L-.oR:~- TYPE ".'if--
:=r: ;J" .c=r=
lSEEATT~(;H_E_Dj _~~EA.:r~ACH~D_! ' SEE ATTACHED
NOT
CORRECTED
'-T .,
,_.._._......_____.... _n_ _~_.___.._
! IMTHDRAWN
Illustration 10.04.00
10.04.01 Determination of Completeness
A. Generally [RESERVED]
B. Approval of regulated DEVELOPMENT and certificates to operate
for wellfield operations.
1. Approval of regulated DEVELOPMENT by DEVELOPMENT
services of new or substantially modified regulated
DEVELOPMENT.
a. Standards.
i. All new and substantially modified DEVELOPMENT
requiring site plan approval pursuant to the Collier
County Land DEVELOPMENT Code as adopted, or
pursuant to Collier County Ordinance No. 82-2, and
as may be superseded by the Collier County Unified
Land DEVELOPMENT Code, requiring a certificate of
occupancy, or otherwise regulated under this section,
Page 209 of 235
...-", --...--- "'---.-
shall be reviewed by the County Manager or his
designee at the time of preliminary or other initial site
plan approval required by such ordinance, for
compliance with the standards of this section and in
the same manner as a certificate to operate.
ii. Approval for operation and use of DEVELOPMENT
regulated pursuant to this section, which
DEVELOPMENT requires compliance with specific
standards as set forth in section 3.06.12 hereof or
requires a certificate to operate (but not a certificate to
operate which is incorporated into a wellfield
CONDITIONAL USE permit), shall be included in and
made a part of the letter of approval issued by the
County Manager or his designee.
III. A certificate to operate which has been issued
pursuant to subsection (ii) above hereof, shall be
renewed by the department not later than the one-
year anniversary of issuance of the DEVELOPMENT
service's letter of approval as provided in section
10.04.01 8.2. hereof.
2. Certificates to operate.
a. Standards.
i. Expiration.
(a) Each certificate to operate shall be valid for
no more than one year after the date of
issuance and shall automatically expire on the
first anniversary date of issuance. The permit
will remain valid and in full force during the
term of permit provided that the owner/operator
remains in compliance with the terms and
conditions of the certificate to operate.
Revocation and revision of a certificate to
operate is authorized pursuant to section
10.04.08 A. of this chapter.
ii. Renewals.
(a) Applications for renewal of certificates to
operate shall be filed with the department at
least 60 days prior to expiration and shall not
be automatic.
(b) The application for renewal shall be
reviewed by the department for consistency
with the applicable standards of this section.
Page 210 of 235
(c) Applications for renewal shall provide the
following:
(i) All documents and documentation
required for the regulated
DEVELOPMENT pursuant to section
3.06.12, as may have been amended on
the date of application for renewal;
(ii) Evidence of compliance with the
applicable standards of section 3.06.12
during the term of the certificate to
operate; and
(iii) The application shall include the
appropriate fees as provided in section
10.01.04 hereof.
b. Prohibited approvals of regulated DEVELOPMENT and
certificates to operate.
i. No final approval for regulated DEVELOPMENT or
certificate to operate shall be construed or otherwise
interpreted to legalize a regulated DEVELOPMENT
existing on the effective date of this section
[November 13, 1991], which is not in compliance with
other applicable local, state or federal law or
regulations. No certificate to operate or other approval
under this section shall be knowingly granted to an
existing regulated DEVELOPMENT which is not in
compliance with all other applicable local, state or
federal law or regulations.
3. Inspections.
a. By accepting the certificate to operate and as a condition
of the same, and by accepting a letter of approval which
approval is based upon compliance with this section, the
owner/operator grants express permission for the county,
through an AUTHORIZED AGENT, to make inspections of
the regulated DEVELOPMENT at reasonable times to
determine compliance with this section.
b. AUTHORIZED AGENTS of the county are hereby
authorized and empowered and shall be permitted at
reasonable hours and after reasonable notice to inspect the
premises of the regulated DEVELOPMENT to ensure
compliance herewith.
c. Refusal to allow inspection under this section shall be
sufficient grounds for consideration of revocation of the
Page 211 of 235
u__ -.-
"^'-"_.-
certificate to operate or letter of approval which approval is
based upon compliance with this section.
d. In the event a person who has common authority over
regulated DEVELOPMENT impedes or otherwise refuses a
lawful inspection by an AUTHORIZED AGENT of the county,
the inspection shall be rescheduled and notice shall be
mailed by United States certified mail to the address and
person shown on the certificate to operate or the letter of
approval. Failure of such person to permit the rescheduled
inspection shall be sufficient grounds and probable cause for
a court of competent jurisdiction to issue an administrative
search warrant for the purpose of inspection, surveying or
examining said premises or facilities.
e. In the event the premises of the regulated
DEVELOPMENT, its BUILDING or STRUCTURE appears to
be vacant or abandoned and the property owner cannot be
readily contacted in order to obtain consent for inspection,
an AUTHORIZED AGENT of the county may enter into or
upon any open or unsecured portion of the premises in order
to conduct an inspection therefore [thereof].
f. AUTHORIZED AGENTS of the county shall be provided
with official identification and shall exhibit this identification
prior to any inspection.
g. It shall be the duty of all law enforcement officers to assist
in making inspection once such assistance is requested by
an AUTHORIZED AGENT of the county.
4. Transfers.
a. Within 30 days of the sale or legal transfer of a regulated
DEVELOPMENT, the owner/operator of a regulated
DEVELOPMENT, for which a certificate to operate or a
wellfield CONDITIONAL USE permit has been granted, shall
provide written notice to the department of the sale or other
legal transfer. Within the same time period, the new property
owner shall apply to the department by letter for transfer of
the certificate to operate or wellfield CONDITIONAL USE
permit and agree to be bound by the terms of the certificate
to operate or wellfield CONDITIONAL USE permit unless
same may be modified as provided herein.
5. Administrative review. Certificates to operate shall be processed
and reviewed, and shall be administratively approved, approved
with conditions, or denied by the county manager as provided in
this section. Application for certificate to operate shall be made on a
form prepared by the county manager.
Page 212 of 235
a. Completeness review.
i. Within 30 days of receipt of a completed
application, the county manager shall review the
application for compliance with the standards of
sections 3.06.12 and 3.06.13 hereof.
ii. If the application is found not to be in compliance,
the county manager shall advise the owner/operator
of the noted deficiencies or required information by
certified mail return receipt requested to the address
listed in the application.
iii. Within 30 days of the owner's/operator's receipt of
the county's notice, the owner/operator shall:
(a) Provide the requested information or
provide written notice to the county manager of
its intent to either furnish the requested
information; or
(b) Provide written notice to the county
manager of its intent to have the application
processed "as is" with the information it then
contains.
b. Substantive review.
i. Upon a determination by the county manager that
the application is complete, or upon receipt of written
notice from the from the [sic] owner/operator that the
application should be processed as is, the county
manager shall issue a determination of completeness
and provide a copy to the owner/operator by regular
U.S. mail.
ii. Within 30 days of issuance of a determination of
completeness, the county manager shall render a
written evaluation of the application in accordance
with the standards of sections 3.06.12 and 3.06.13
hereof and render a notice of intent to issue or deny
the application, a copy of which shall be sent to the
owner/operator by regular U.S. mail.
iii. The owner/operator may appeal an adverse notice
of intent to the board as provided in section 10.04.11,
hereof.
iv. The certificate to operate will be issued or denied by the
department within 15 days of issuance of the notice of intent,
unless an appeal is taken as provided in section (iii) above,
Page 213 of 235
-'~~"'-"-"""-'-"'''"''-
c. Extension of administrative review and withdrawal [of]
application.
i. The county manager may, in his sole discretion,
extend the time frame for administrative review set
forth in section 10.04.01 B.5.a. and section 10.04.01
B.5.b. hereof for the purposes of requesting and
receiving additional information necessary to
complete the substantive review of the application.
ii. If the owner/operator does not provide the
information requested by the county manager or
advise the county that the application is to be
processed "as is" within 45 days of such request, the
application shall be considered withdrawal
[withdrawn] and fees paid shall be surrendered.
iii. The owner/operator may voluntarily withdraw the
application at any time prior to the issuance of the
county manager's notice of intent by submitting a
written notice to the county manager stating its intent
to withdraw.
6. Containment and cleanup, option for county to initiate
containment and cleanup, reimbursement by owner/operator.
a. In the event of a discharge or an accidental release of
any HAZARDOUS PRODUCT, HAZARDOUS WASTE from
a regulated DEVELOPMENT or contaminant from a sanitary
hazard regulated under this section, the owner/operator shall
immediately upon discovery of the discharge or accidental
release, contain the HAZARDOUS PRODUCT,
HAZARDOUS WASTE or contaminant, and shall initiate
cleanup in accordance with approved contingency plans and
applicable law.
b. Failure of the owner/operator to contain the discharge or
accidental release or the failure of the owner/operator to
initiate cleanup of the site within 48 hours of discovery or
within a shorter amount of time as may be necessary to
protect the public health, safety and welfare, may result in
the county initiating appropriate containment of the
discharge or accidental release and/or cleanup of the site in
accordance with applicable law.
c. In the event the county elects to exercise the option to
contain the discharge or accidental release and/or clean up
the site, the county shall first provide written notice of this
intent to the owner/operator stating how the owner/operator
has failed to comply with this section and providing a
Page 214 of 235
reasonable period of time within which the owner/operator
shall perform the necessary containment of the discharge or
accidental release and/or initiate cleanup in accordance with
applicable law or the approved contingency plan.
d. By accepting a certificate to operate or a wellfield
CONDITIONAL USE permit, and as a condition of the same,
and by accepting a letter of approval, which approval is
based upon compliance with this section, the owner/operator
agrees that the reasonable costs expended by the county to
contain the discharge or accidental release and/or clean up
the site shall be recoverable from the owner/operator.
7. Administrative procedures
a. Promulgation of administrative procedures. The county
manager shall promulgate and bring for adoption by the
board, administrative procedures to implement this section
within one year of the effective date of this section
[November 13,1991].
8. Violations, penalties and remedies
a. Violations. It shall be a violation of this section to fail to
obtain any permit required herein or without a permit, or
other appropriate authorization as may be required herein, to
conduct, commence or maintain any use or activity
prohibited or regulated by this section. Each violation shall
constitute a separate offense.
b. Penalties. Violations of this section may be referred by
the county manager to the county's code enforcement board
for enforcement action in accordance with F.S. ch. 162, and
Collier County Ordinance No. 88-89, and as may be
amended.
c. Remedies. Nothing herein shall preclude the county from
seeking all other remedies available under general law,
including without limitation: [sic]
To County: The County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 33962
To APPLICANT/Petitioner: APPLICANT/petitioner at the address listed
in the application.
9. Liberal construction and severability.
Page 215 of 235
-.-. _.~- -'.---'-
a. Liberal construction. The provisions of this section shall
be liberally construed to effectively carry out its purposes in
the interest of public health, safety, welfare and
convenience.
b. Conflict and severability. In the event this section conflicts
with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phase
or portion of this section is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining
portion.
APPENDIX A. WELLFIELD PROTECTION ZONE MAPS
Illustrating the Locations of Wellfield Risk Management Special Treatment
Overlay Zones Established by the "Three-Dimensional Simulation of
Wellfield Protection Areas in Collier County, Florida" (Voorhees and
Mades, 1989)
Initial reference to "appendix A" can be found in section 3.06.03 B.
The pages that comprise appendix A, as attached, are Xerox copies of
portions of United States Geological Survey quadrangle maps on which
the boundaries of the wellfield risk management zones are plotted. The
wellfields are arranged in the order of mention in section 3.06.02 F.6.j.
Explanation of maps:
1. Due to the location of some wellfields relative to map
boundaries, there may be multiple plates required to illustrate the
particular wellfield.
2. Major roads are noted on the maps as initial points of reference.
3. Zone W-1 is the land area encompassed by the innermost
closed line around each wellfield.
4. Zone W-2 is the land area situated between the innermost
closed line around each wellfield and the next closest closed line
around the wellfield.
5. Zone W-3 is the land area situated between the closed line
surrounding W-2, as defined above, and the third closed line from
the wellfield.
6. Zone W-4 is the land area situated between the outermost,
closed line surrounding the wellfield and the next ADJACENT
closed line that defines the outermost boundaryof W-3.
INDEX TO APPENDIX A
Page 216 of 235
This index includes the name of the wellfield and the United States
Geological Survey quadrangle map(s) on which the wellfield is located.
EVERGLADES CITY WELLFIELD
OChopee, Florida
FLORIDA CITIES (AVATAR) WELLFIELD
Belle Meade NW, Florida
NORTH NAPLES UTILITIES (QUAIL CREEK) WELLFIELD
Corkscrew SW, Florida
EAST GOLDEN GATE WELLFIELD
Plate 1--Corkscrew SE, Florida
Plate 2--Belle Meade NE, Florida
COASTAL RIDGE (GOODLETTE ROAD) WELLFIELD
Naples North, Florida
COLLIER COUNTY UTILITIES WELLFIELD
Plate 1--Corkscrew SW, Florida
Plate 2--Belle Meade NW, Florida
Plate 3--Corkscrew SE, Florida
Plate 4--Belle Meade NE, Florida
GLADES WELLFIELD
Plate 1--Naples North, Florida
Plate 2--Belle Meade NW, Florida
IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS
Immokalee, Florida
PELICAN BAY WELLFIELD
Plate 1--Bonita Springs, Florida
Plate 2--Corkscrew SW, Florida
PORT OF THE ISLANDS WELLFIELD
Weavers Station, Florida
10.04.02 Applications Subject to Type I Review
The following applications are subject to Type I review: SOP's; SIP's; and
Amendments to both SOP's and SIP's.
For a graphic depiction of the review procedure, please see Illustration 10.04.02 A.
below.
Page 217 of 235
H"_", ---
TYPE I
sOP's; SIP's;
AMENDMENTS TO
SOP's and SIP's
"
DISTRIBUTION OF ~
COMPLETE APPLICATION
TO ALL STAFF REVIEWERS
,It
RECEIPT & COMPILATION
OF COMMENTS &
RECOMMENDATIONS
,
PREPARATION OF WRITTEN STAFF
REPORT REGARDING COMPLIANCE
OF APPLICATION WITH UDC
(Revised Report for Resubmitted Applications)
~ ~
APPROVAL APPROVAL NOTICE OF DEFICIENCY
(Written Order) WITH CONDITIONS TO APPLICANT
(Written Order) (Written Report)
,It
CORRECTIVE ACTION AND
RESUBMITTAL BY
APPLICANT
(Limited to XX Resubmlttals)
(If No Corrective Action Within
XX Days, Applicant Denied)
NOTE WRITTEN ORDERS SHOULD INCLUDE NOTICE TO APPLICANTS THAT THEY PROCEED AT
THEIR OWN RISK UNTIL THE APPEALS PERIOD ENDS.
Illustration 10.04.02 A.
Page 218 of 235
10.04.03 Applications Subject to Type II Review
The following applications are subject to Type II review: Final Plats; CONDITIONAL
USE Permits; Rezoning; LDC Text Amendments; GMP Amendments; and small-
scale DEVELOPMENT Amendments.
For a graphic depiction of the review procedure, please see Illustration 10.04.03 A.
Page 219 of 235
H,_ ". -,._".~ ....... .,_." ~.<~. ~.....
TYP E II
(FINAL PLATS; CONDITIONAL USE
PERMITS; REZONING; UDC TEXT
AMENDMENTS; GMP AMENDMENTS;
SMALL SCALE DEVELOPMENT AMENDMENTS)
DISTRIBUTION OF
COMPLETE APPLICATION
TO ALL STAFF REVIEWERS
RECEIPT & COMPILATION
OF COMMENTS &
RECOMMENDATIONS
APPLICANT MAY
SUBMIT REVISED
APPLICATION
(Limited to ~ Resubmittals)
PREPARATION OF WRITTEN STAFF
REPORT AND RECOMMENDATIONS
WORKSHOP
ON APPLICATION
(As Needed)
HEARINGS BY
PLANNING COMMISSION AND,
AS NEEDED, ENVIRONMENTAL
ADVISORY COUNCIL
APPROVAL APPROVAL DENIAL
(Written Findings and WITH CONDITIONS (Written Findings)
(Written Findings and
Written Order) Written Orders)
Illustration 10.04.03 A.
10.04.04 Applications Subject to Type III Review
Page 220 of 235
The following applications are subject to Type III review: Variances; Administrative
Appeals; Certificates of Appropriateness; CONDITIONAL USES;
NONCONFORMING Use Amendments; Vested Rights; FLOOD Variances; Parking
Agreements; and Preliminary Plats.
For a graphic depiction of the review procedure, please see Illustration 10.04.04 A.
TYPE III
(VARIANCES, ADMINISTRATIVE APPEALS.
CERTIFICATE OF APPROPRIATENESS, CONDITIONAL USES,
NONCONFORMING USE AMENDMENTS. VESTED RIGHTS,
FLOOD VARIANCES. PARKING AGREEMENTS,
PRELIMINARY PLATS)
PREPARATION OF WRITTEN STAFF
REPORT AND RECOMMENDATIONS
..._.._____'_._"______. n.__..m.._n__.'_ '._
APPEALS
OF ADMINISTRATIVE
DECISION OR
INTERPRET A T IONS
APPROVE I HEARING BYSZA]
c-r--=-i
OR
APPROVE DENY I
WITH AFFIRM--i I DENY
CONDITIONS
I DECISION . '
I..]
I CONTINUE
IPROCESSING!
ORIGINAL I
!APPLlCATIONI
Illustration 10.04.04 A.
10.04.05 Procedures for Review and Approval of Type I Applications
For specific procedures pertaining to each application, please see Illustration
10.04.02 A. and the various sections in this chapter pertaining to that application.
10.04.06 Procedures for Review and Approval of Type II Applications
For specific procedures pertaining to each application, please see Illustration
10.04.03 A. and the various sections in this chapter pertaining to that application.
Page 221 of 235
----. .- , -"-,,- . -,-"
10.04.07 Procedures for Review and Approval of Type III Applications
For specific procedures pertaining to each application, please see Illustration
10.04.04 A. and the various sections in this chapter pertaining to that application.
10.04.08 Modifications to Pending Applications
A. Modification of regulated DEVELOPMENT, revision or revocation
of a certificate to operate, or a wellfield CONDITIONAL USE permit.
1. Modification of regulated DEVELOPMENT and Notification.
a. The owner/operator shall notify the county manager in
writing prior to any expansion, ALTERATION or modification
of a regulated DEVELOPMENT for which:
i. A certificate to operate or a wellfield
CONDITIONAL USE permit has been issued; or
II. A wellfield exemption has been legislatively
provided.
b. Expansion, ALTERATION or modification shall include,
without limitation:
I. An increase in square footage, production or
storage capacity;
ii. Increased quantities of a HAZARDOUS
PRODUCT or HAZARDOUS WASTE or changes in
the type or nature of a regulated DEVELOPMENT;
and
i i i. Any other proposed change to the regulated
DEVELOPMENT which may require a change,
modification or AL TERA TION of the approved
containment system, the maintenance procedures for
the system, or in the approved contingency plan.
c. County approval of modification.
i. The expansion, modification or ALTERATION of a
regulated DEVELOPMENT shall require prior county
approval. Failure to obtain such approval as provided
herein shall result In the county commencing
revocation or revision proceedings of the certificate to
operate, the wellfield CONDITIONAL USE permit or
the wellfield exemption for a regulated
DEVELOPMENT, if in the opinion of the county, such
change substantially or materially modifies, ALTERS
or affects:
Page 222 of 235
(a) The conditions under which the certificate
to operate, or the wellfield CONDITIONAL
USE permit was granted; or
(b) The conditions under which the
DEVELOPMENT qualifies for a wellfield
exemption.
ii. The county shall notify the owner/operator in
writing, within 60 days of receipt of the notice of
change, of the county's intent to revoke or revise the
authorization and the grounds therefore as provided
in section 10.04.08 A.2.c. hereof.
2. Revocation or revision of certificate to operate, wellfield
CONDITIONAL USE permit or wellfield exemption.
a. Notice of intent to revoke.
i. No wellfield exemption, wellfield CONDITIONAL
USE permit, Jr certificate to operate for a regulated
DEVELOPMENT shall become vested.
ii. The county may revoke any wellfield exemption,
wellfield CONDITIONAL USE permit, [or] certificate to
operate after first issuing a written notice of intent to
revoke to the owner/operator which states that the
owner/operator:
(a) Has failed or refused to comply with any of
the provisions of this section;
(b) Has submitted false or inaccurate
information in the application or petition which
information reasonably induced the county to
issue the certificate to operate, or approve the
wellfield CONDITIONAL USE permit;
(c) Has failed to submit reports or other
information required under section 3.06.12 as
a condition of a certificate to operate, or
wellfield CONDITIONAL USE permit;
(d) Has refused lawful inspection as required
by this section as a condition of a certificate to
operate or wellfield CONDITIONAL USE
permit; or
(e) Has ALTERED, modified or expanded a
regulated DEVELOPMENT as provided in this
section.
b. Notice of intent to revise.
Page 223 of 235
---- _ ._--
I. No wellfield exemption, wellfield CONDITIONAL
USE permit, or certificate to operate for a regulated
DEVELOPMENT shall be vested.
ii. The county may revise any wellfield exemption,
wellfield CONDITIONAL USE permit or certificate to
operate granted or issued after first issuing written
notice of intent to revise which complies with section
10.04.08 A.2.a.ii. and further states that the
owner/operator:
(a) Has been [sic] unlawfully modified,
ALTERED or expanded a regulated
DEVELOPMENT as provided in this section;
(b) Has been identified by the county as
responsible for, in whole or in part, for a
discharge or accidental release of
HAZARDOUS PRODUCTS or HAZARDOUS
WASTES or other contaminant associated with
the regulated DEVELOPMENT; or
(c) The contingency plans and/or remedial
action initiated and performed by or on behalf
of the owner/operator were not approved by
the county or applicable state or federal
agencies and are deemed by the same to be
inadequate for the regulated DEVELOPMENT.
c. Factual basis for revocation or revision.
I. Initiation of review. After being informed of or
discovery of an unauthorized discharge or accidental
release of a HAZARDOUS PRODUCT,
HAZARDOUS WASTE or contaminant, the county
shall review the certificate to operate, the wellfield
CONDITIONAL USE permit, or wellfield exemption for
the regulated DEVELOPMENT(s) associated with the
discharge or accidental release.
ii. Action by county. In the event the county
determines that the owner/operator has failed to
comply with the terms of the certificate to operate, the
wellfield CONDITIONAL USE permit or the wellfield
exemption, the county may elect to issue a notice of
intent to revoke or revise such authorization to
operate subject to the provisions of this section.
iii. Criteria.
Page 224 of 235
In consideration of whether to revoke or revise a
certificate to operate or a wellfield CONDITIONAL
USE permit, the board shall consider:
A. The intentional nature or degree of negligence, if
any, associated with the discharge or accidental
release;
B. The extent to which containment or cleanup of the
contaminant or HAZARDOUS PRODUCT or
HAZARDOUS WASTE or its components is possible;
C. The nature, number and frequency of previous
discharges or accidental releases attributable to the
regulated DEVELOPMENT;
D. The potential degree of harm to the groundwater
and surrounding public potable water supply wells as
a result of the discharge or accidental release; and
E. The owner/operator's actions in responding to this
and previous discharges or accidental releases.
iv. Contents of notice of intent.
(a) To initiate revocation or revision under this
section, the county shall first issue a notice of
intent to revoke or revise which shall, In
addition to the applicable standards of sections
10.04.08 A.2.c. and 10.04.08 A.2.b. hereof
contain the following information:
A. The name and address of the
owner/operator; and
B. A description of the regulated
DEVELOPMENT which is the subject of the
proposed revocation or revision; and
C. The approximate or, if available, actual
location of the discharge or accidental release,
if any; and
D. A concise explanation and specific reasons
for the proposed revocation or revision; and
E. The statements that:
"Failure to file a petition with the county
manager within 20 days after the date upon
which the Permittee receives written Notice of
the Intent to Revoke or Revise shall render the
proposed revocation or revision final and in full
force and effect."
Page 225 of 235
-'-.-.
"Failure of the Owner/Operator to file a petition
in opposition to the Notice of Intent to Revise
or the Notice of Intent to Revoke as provided in
Article 10 [section 1 0.04. 11 A] of this
Ordinance, shall render the proposed
revocation or revision final and in full force and
effect. "
(b) Failure of the owner/operator to file a
petition in opposition to the notice of intent to
revise or the notice of intent to revoke as
provided in section 10.04.11 A of this section
shall render the proposed revocation or
revision final and in full force and effect.
(c) Nothing in this section shall preclude or be
deemed a condition precedent to the county
seeking a temporary or permanent injunction.
10.04.09 Request for Continuance of Public Hearing [RESERVED]
10.04.10 Withdrawal of Pending Applications [RESERVED]
10.04.11 Pu blic Hearings
A Appeals and public hearings for we/lfields.
1. Public hearings.
a. Public hearings shall be required for:
I. The issuance of a we'lfield CONDITIONAL USE
permit;
II. An appeal from an adverse administrative
determination on issuance of a certificate to operate
filed with the county manager within 30 days of
issuance of the administrative determination; and
iii. County-initiated revocation or revision of a
certificate to operate, a wellfield CONDITIONAL USE
permit or wellfield exemption.
b. Standards for Public hearings:
i. Appeals from adverse administrative
determinations, applications for wellfield
CONDITIONAL USE permits and county-initiated
revocation or revision proceedings shall be
considered for approval, approval with conditions or
denial by the board as a public hearing matter and
shall be scheduled for public hearing in the same
Page 226 of 235
manner as an application for zoning atlas amendment
and in accordance with Collier County Ordinance No.
82-2, and as may be amended or superseded, and
when effective, the Collier County Unified Land
DEVELOPMENT Code.
2. Notice of public hearing.
a. Notice to the public.
i. Public notice shall be given in the same manner as
for any ordinance affecting the use of land as set forth
in F.S. ~ 125.01, and as required for an application for
zoning atlas amendment as required in section
3.06.05 hereof and in accordance with Collier County
Ordinance No. 82-2, and as may be amended or
superseded, and when effective, the Collier County
Unified Land DEVELOPMENT Code.
ii. The unintentional failure of the owner/operator
seeking approval of a we/lfield CONDITIONAL USE
permit or appealing an adverse ad m in istrative
determination, to notify the contiguous property
owner(s) or other persons shall not be grounds for a
continuance of the hearing, nor in any way affect any
action taken at such hearing.
b. Notice to owner/operator.
I. Notice of public hearing arising from county-
initiated revocation or revision proceedings shall be
served upon the owner/operator by certified return
receipt mail no less than 15 days prior to the hearing.
ii. The notice shall contain the following information:
(a) Name and address of the owner/operator;
and
(b) A description of the regulated
DEVELOPMENT; and
(c) Specific citations to the section(s)
applicable of the LDC alleged to be the basis of
the proposed revocation or revision; and
(d) The time, place and date of hearing; and
(e) The following statements:
(i) "Failure to attend may result in an
Order being issued which may be
adverse to your interest."
Page 227 of 235
- "---, ....... -
(ii) "All parties shall be given the
opportunity to present witnesses and
evidence in support of their position and
to cross examine witnesses."
(iii) "Pursuant to Section 286.0105,
Florida Statutes, notice is hereby given
that appeals from any decision of the
County Commission with respect to any
matter considered at the public hearing,
will require a record of the proceedings
and may require that a verbatim record
of the proceedings be made."
(f) The name and signature of the county
manager.
3. Decisions by the board.
a. At all public hearings, the board shall hear and consider
all facts material to the application, petition or appeal and
shall thereafter issue a decision based upon the greater
weight of substantial competent evidence.
b. The board may affirm, reverse or modify the action or
proposed action of the county manager.
c. In all cases the board shall render a decision within 14
working days from the date on which the hearing is
concluded which shall be the final administrative action on
behalf of the county.
d. Any person who is a party to the proceeding before the
board may apply to a court of competent jurisdiction for
review in accordance with applicable Florida Rules of Civil
Procedure and Florida law.
e. There shall be no administrative review on behalf of the
county other than that review specifically provided in this
section.
10.04.12 Denial of Application [RESERVED]
10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS [RESERVED]
10.05.01 Generally [RESERVED]
10.05.02 Major Amendment [RESERVED]
10.05.03 Minor Amendment [RESERVED]
10.06.00 APPEALS [RESERVED]
10.06.01 Applicability
Page 228 of 235
10.06.02 Stay of Proceedings
10.06.03 Time for Applications
10.06.04 Final Action on Appeals
10.06.05 Judicial Review
10.07.00 ENFORCEMENT
A. SIGN Violations
1. General. No SIGN shall hereafter be erected, placed, ALTERED
or moved unless in conformity with this Code. All SIGNS located
within Collier County shall comply with the following requirements:
a. The issuance of a SIGN permit pursuant to the
requirements of this Code shall not permit the construction
or maintenance of a SIGN or STRUCTURE in violation of an
existing county, state or federal law or regulation.
b. All SIGNS for which a permit is required shall be subject
to inspections by the county administrator or his designee.
The county administrator, or his designee, is hereby
authorized to enter upon any property or premises to
ascertain whether the provisions of this Code are being
adhered to. Such entrance shall be made during business
hours, unless an emergency exists. The county
administrator, or his designee, may order the removal of any
SIGN that is not in compliance with the provisions of this
Code, is improperly maintained, or which would constitute a
hazard to the public health, safety, and welfare.
c. The County Manager or his designee, or his designee
shall be charged with interpretation and enforcement of this
Code.
2. Enforcement procedures. Whenever, by the provisions of this
Code, the performance of an act is required or the performance of
an act is prohibited, a failure to comply with such provisions shall
constitute a violation of this Code.
a. The owner, tenant, and/or occupant of any land or
STRUCTURE, or part thereof, and an architect, builder,
contractor agent, or other person who knowingly participates
in, assists, directs, creates or maintains any situation that is
contrary to the requirements of this Code may be held
responsible for the violation and be subject to the penalties
and remedies provided herein.
b. Where any SIGN or part thereof violates this Code, the
compliance service manager or his designee, may institute
any appropriate action or proceedings to prevent, restrain,
Page 229 of 235
--,~.,- -.. .. --
----,..---- _.~.
correct, or abate a violation of this Code, as provided by law,
including prosecution before the Collier County Code
Enforcement Board against the owner, agent, lessee, or
other persons maintaining the SIGN, or owner, or lessee of
the land where the SIGN is located.
c. If a SIGN is in such condition as to be in danger of falling,
or is a menace to the safety of persons or property, or found
to be an immediate and serious danger to the public
because of its unsafe condition, the provisions of section
2301.6 of the Standard BUILDING Code, as adopted by
Collier County shall govern.
d. Code enforcement shall immediately remove all violative
SIGNS located in or upon public RIGHTS-OF-WAY or public
property.
e. Penalties. If any person, firm or corporation, whether
public or private, or other entity fails or refuses to obey or
comply with or violates any of the provisions of this Code,
such person, firm, corporation, or other entity, upon
conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a fine not to exceed $500.00 or by
imprisonment not to exceed 60 days in the county jail, or
both, in the discretion of the court. Each violation or
noncompliance shall be considered a separate and distinct
offense. Further, each day of continued violation or
noncompliance shall be considered as a separate offense.
Nothing herein contained shall prevent or restrict the county
from taking such other lawful action In any court of
competent jurisdiction as is necessary to prevent or remedy
any violation or noncompliance. Such other lawful actions
shall include, but shall not be limited to, an equitable action
for injunctive relief or an action at law for damages.
Further, nothing in this section shall be construed to prohibit
the county from prosecuting any violation of this Code by
means of a code enforcement board established pursuant to
the subsidiary of F.S. ch. 162.
10.07.01 Responsibility for Enforcement [RESERVED]
10.07.02 Complaints and Investigations [RESERVED]
10.01.01 Notification of Violation [RESERVED]
10.08.00 CONDITIONAL USES procedures.
A. General. A CONDITIONAL USE is a use that would not be appropriate
generally or without restriction throughout a particular zoning district or
Page 230 of 235
classification, but which, if controlled as to number, area, location, or relation to
the neighborhood, would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, or the general welfare. Such uses may
be permissible in zoning district as a CONDITIONAL USE if specific provision for
such CONDITIONAL USE is made in this zoning code. All petitions for
CONDITIONAL USES shall be considered first by the planning commission in
the manner herein set out. Decisions regarding CONDITIONAL USES shall be
quasijudicial in nature.
B. Written petition. A written petition for CONDITIONAL USE shall be submitted
to the County Manager or his designee indicating the basis in this zoning code
under which the CONDITIONAL USE is sought and stating the grounds upon
which it is requested, with particular reference to the types of findings which the
board of zoning appeals must make under section 10.08.00 D. below. The
petition should include material necessary to demonstrate that the grant of
CONDITIONAL USE will be in harmony with the general intent and purpose of
this zoning code, will be consistent with the growth management plan, will not be
injurious to the neighborhood or to adjoining properties, or otherwise detrimental
to the public welfare. Such material shall include, but is not limited to, the
following, where applicable:
1. Conceptual site DEVELOPMENT PLANS at an appropriate scale
showing the proposed placement of STRUCTURES on the property,
provisions for ingress and egress, off-STREET parking and off-STREET
loading areas, refuse and service areas, and required YARDS and other
OPEN SPACES. The conceptual site DEVELOPMENT PLAN shall not be
in lieu of, nor eliminate the need for, a site DEVELOPMENT PLAN under
section 10.02.03, as applicable.
2. Plans showing proposed locations for utilities.
3. Plans for screening and BUFFERING with reference as to type,
dimensions, and character.
4. Proposed landscaping and provisions for trees protected by county
regulations.
5. Proposed SIGNS and lighting, including type, dimensions, and
character.
6. DEVELOPMENTS shall identify, protect, conserve, and
appropriately use native vegetative communities and wildlife habitat.
Habitats and their boundaries shall be identified on a current aerial
photograph of the property at a scale of at least one inch equals 400 feet.
Habitat identification shall be consistent with the Florida Department of
Transportation Land Use Cover and Forms Classification System and
Page 231 of 235
',--" --_.~--- . ---
".--...-- - -=,_._--
shall be depicted on the aerial photograph. Information obtained by
ground-truthing surveys shall take precedence over photographic
evidence.
7. Where this zoning code places additional requirements on specific
CONDITIONAL USES, the petitioner shall demonstrate that such
requirements are met.
Where the rezoning of land, as well as grant of CONDITIONAL USE, is
requested simultaneously for the same PARCEL of land, both said
petitions may be processed concurrently in accordance with the
procedures set forth in section 10.02.08 and this section.
C. Notice and public hearing. Notice and public hearing by the planning
commission and the board of zoning appeals shall be as provided for under
section 10.03.05 B., such that the provisions applicable to the board of county
commissioners shall apply to the board of zoning appeals All testimony given
shall be under oath and the action by the planning commission and the board of
zoning appeals shall be quasi-judicial in nature. Additionally, the requirements of
section 10.02.05 E. must be met.
D. Findings. Before any CONDITIONAL USE shall be recommended for
approval to the board of zoning appeals, the planning commission shall make a
finding that the granting of the CONDITIONAL USE will not adversely affect the
public interest and that the specific requirements governing the individual
CONDITIONAL USE, if any, have been met by the petitioner and that, further,
satisfactory provision and arrangement has been made concerning the following
matters, where applicable:
1. Consistency with this Code and growth management plan.
2. Ingress and egress to property and proposed STRUCTURES
thereon with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and ACCESS in case of fire or
catastrophe.
3. The effect the CONDITIONAL USE would have on neighboring
properties in relation to noise, glare, economic or odor effects.
4. COMPATIBILITY with ADJACENT properties and other property in
the district.
E. Conditions and safeguards. In recommending . approval of any
CONDITIONAL USE, the planning commission may also recommend
appropriate conditions and safeguards in conformity with this zoning code.
Violation of such conditions and safeguards, which are made a part of the terms
Page 232 of 235
under which the CONDITIONAL USE is granted, shall be deemed a violation of
this zoning code.
1. Any CONDITIONAL USE shall expire three years from the date of
grant, if by that date the use for which the CONDITIONAL USE was
granted has not been commenced.
2. Any CONDITIONAL USE shall expire one year following the
discontinuance of the use for which the CONDITIONAL USE was granted
unless the site was improved and/or STRUCTURES built for the specific
uses approved by a CONDITIONAL USE and which cannot be converted
to a use permitted by the underlying zoning designation of the site.
3. The board of zoning appeals may grant a maximum of one one-year
extension of an approved CONDITIONAL USE upon written request of the
petitioner.
4. Public facility dedication. The board of county commissioners may, as
a condition of approval of the CONDITIONAL USE, require that suitable
areas for STREETS, public RIGHTS-OF-WAY, schools, parks, and other
public facilities be set aside, improved, and/or dedicated for public use.
Where impact fees are levied for certain public facilities, the market value
of the land set aside for the public purpose shall be credited towards
impact fees. Said credit shall be based on a negotiated amount no greater
than the market value of the set aside land prior to the approval of the
CONDITIONAL USE, as determined by an accredited appraiser from a list
approved by Collier County. Said appraisal shall be submitted to the
county attorney's office and the real property office within 90 days of the
date of approval of the CONDITIONAL USE, or as otherwise extended in
writing by Collier County, so as to establish the amount of any impact fee
credits resulting from said dedication. Failure to provide said appraisal
within this time frame shall authorize the county to determine the market
value of the property. Impact fee credits shall only be effective after
recordation of the document conveying the dedicated property to Collier
County. Where the term Collier County is used in this section, it shall be
construed to include the Collier County Water and Sewer District or other
agency or dependent district of Collier County Government.
Land set aside and/or to be improved as committed as part of the
CONDITIONAL USE approval shall be deeded or dedicated to Collier
County within 90 days of receipt of notification by the county that the
property is needed for certain pending public improvements or as
otherwise approved by the board of county commissioners during the
CONDITIONAL USE process. In any case, however, 'the county shall take
title to set aside property, at the latest, by a date certain established
during, and conditioned on, the approval of the CONDITIONAL USE.
Page 233 of 235
.-- ..--- -".-.....~ . -'''~,~" --~..~..
The land set aside and/or to be improved shall be made free and clear of
all liens, encumbrances and improvements, at the developer's sole
expense, except as otherwise approved by the board. Failure to complete
the dedication within the appropriate time frame noted above may result in
a recommendation to the board of reconsideration of approved
CONDITIONAL USE and may result in a violation of this code pursuant to
section 8.08.00.
Should said dedication of land also include agreed upon improvements,
said improvements shall be completed and accepted by the Collier County
Board of Commissioners at the DEVELOPMENT phase which has
infrastructure improvements available to the PARCEL of land upon which
said improvements are to be made, or at a specified time provided for
within the resolution approving the CONDITIONAL USE.
F. Denial. If the planning commission shall recommend denial of a
CONDITIONAL USE, it shall state fully in its record its reason for doing so. Such
reasons shall take into account the factors stated in section 10.08.00 D. above
or such of them as may be applicable to the action of denial and the particular
regulations relating to the specific CONDITIONAL USE requested, if any.
G. Status of planning commission report and recommendations. The report and
recommendations of the planning commission required above shall be advisory
only and shall not be binding upon the board of zoning appeals.
H. Board of zoning appeals action on planning commission report. Upon receipt
of the planning commission's report and recommendations, the board of zoning
appeals shall approve, by resolution, or deny a petition for a CONDITIONAL
USE. The approval of a CONDITIONAL USE petition shall require four
affirmative votes of said board.
I. CONDITIONAL USES for school or religious purposes. A use which has been
approved as part of a preliminary SUBDIVISION plat (formerly SUBDIVISION
master plan) or a planned unit DEVELOPMENT for schools, religious or
eleemosynary uses shall be exempt from the provisions of this section. Such
uses must comply with the provisions of division 3.3, site DEVELOPMENT PLAN
approval, as applicable, and all other zoning requirements.
J. Changes and amendments. The County Manager or his designee may
approve minor changes in the location, siting, or height of BUILDINGS,
STRUCTURES, and improvements authorized by the CONDITIONAL USE.
Additional uses or expansion of permitted uses not shown on the conceptual site
DEVELOPMENT PLAN or otherwise specifically provided for in the
CONDITIONAL USE application shall require submission, review and approval of
Page 234 of 235
a new CONDITIONAL USE application.
K. CONDITIONAL USE application processing time. An application for a
CONDITIONAL USE will be considered "open" when the determination of
"sufficiency" has been made and the application is assigned a petition processing
number. An application for a CONDITIONAL USE will be considered "closed"
when the petitioner withdraws the subject application through written notice or
ceases to supply necessary information to continue processing or otherwise
actively pursue the CONDITIONAL USE, for a period of six months. An
application deemed "closed" will not receive further processing and shall be
withdrawn and an application "closed" through inactivity shall be deemed
withdrawn. The planning services department will notify the APPLICANT of
closure, however, failure to notify by the county shall not eliminate the "closed"
status of a petition. An application deemed "closed" may be re-opened by
submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the request will be subject to the
then current code.
1. Applicability. All applicatio,s for CONDITIONAL USE whether
submitted before or after June 26, 2003, shall comply with the processing
time procedures set forth in section 10.08.00 K. above.
Page 235 of 235
._._o__.,,^^ .-.- m_._._.
_"""_"',""_~M ,,_.
APPENDIX A
STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED
IMPROVEMENTS
The following specimen forms are to be used as a guide to preparation of bonding instruments
which will be submitted to the BCC for guaranteeing the completion of required improvements
with respect to this code. Adherence to the forms will assure an expeditious review by the
development services department and the Collier County attorney's office. Deviation in substance
or form from the suggested specimen forms may result in a substantial delay or disapproval of the
bonding provisions for required improvements by the development services department or the
county attorney's office. These specimen forms may be revised from time to time by resolution of
the BCC.
-.'.,"'. .'.__._--~_..~ -
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name and street address of Issuer) (hereinafter "Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples,
Florida.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON
THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "(insert name of Applicant) has
failed to construct and/or maintain the improvements associated with that certain plat of a
subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier
County has not been performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated
(insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be
presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument
or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983
Revision) International Chamber of Commerce Publication No. 400.
(Name of Issuer)
By:
(insert title of corporate officer--
must be signed by President, Vice President
or Chief Executive Officer)
.".- _."_0"_ --.,-.-. ".-- ~._.._...-
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the
context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named and that certain
subdivision shall include specific improvements which are required by Collier County Ordinances
and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of final acceptance
by the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by
the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify
and save harmless the County from and against all costs and damages which it may suffer by
reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and
expense which the County may incur in making good any default, then this obligation shall be
void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice
of any such change, extension of time, alteration, addition or deletion to the proposed specific
improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
the Owner and the Surety to the full and faithful performance in accordance with the Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this day of
- (Owner's witness and signature block)
(Surety's witness and signature block)
(notary and acknowledgment for both Owner and Surety required)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this day of ,20 by (description
of entity) (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, (hereinafter "The Board") and (hereinafter "Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as:
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by
, a copy of which is attached hereto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Required Improvements" are limited to those described in the
Estimate.
C. Sections 10.02.05 (C) and 10.02.04 of the Collier County Subdivision Code Division of the
Unified Land Development Code requires the Developer to provide appropriate guarantees for
the construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated
(the "Construction Loan") to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $ , and this amount represents 110% of the
Developer's engineer's estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as
follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the
County Manager or his designe~ within months from the date of approval of said
subdivision plat.
2. Developer hereby authorizes Lender to hold $ from the Construction Loan, in
escrow, pursuant to the terms of this Agreement.
3. Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed
only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a
draw against the Construction Loan fund, but that only such funds as are actually disbursed,
whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval of the
County Manager or his designee who shall approve the release of the funds on deposit not more
than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent (10%);
and further, that upon completion of the work, the County Manager or his designee shall approve
the release of any remainder of escrowed funds except to the extent of $ , which shall
remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a
minimum period of one (1) year pursuant to Paragraph 10 of the Agreement.
--",,--- ......-. --~'".- ._- --'~<
However, in the event that Developer shall fail to comply with the requirements of this Agreement,
then the lender agrees to pay to the County immediately upon demand the balance of the funds
held in escrow by the lender, as of the date of the demand, provided that upon payment of such
balance to the County, the County will have executed and delivered to the lender in exchange for
such funds a statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has
failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above-mentioned
development work; and
(d) The County will promptly repay to the lender any portion of the funds drawn down
and not expended in completion of the said development work.
5. Written notice to the lender by the County specifying what amounts are to be paid to the
Developer shall constitute authorization by the County to the lender for release of the specified
funds to the Developer. Payment by the lender to the Developer of the amounts specified in a
letter of authorization by the County to the lender shall constitute a release by the County and
Developer of the lender for the funds disbursed in accordance with the letter of authorization
from the County.
6. The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the County Manager or his designee for compliance
with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement
of substantial completion, either: a) notify the Developer in writing of his preliminary approval of
the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director of the Required Improvements. However, in no event shall the County
Manager or his designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the
Board, after duly considering the public interest, may at its option complete the Required
Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the lender liable for any funds other than those
placed in deposit by the Developer in accordance with the foregoing provision; provided, that the
lender does not release any monies to the Developer or to any other person except as stated in
this Escrow Agreement.
10. The Developer shall maintain all Required Improvement for one year after preliminary
approval by the County Manager or his designee. After the one year maintenance period by the
Developer and upon submission of a written request for inspection, the County Manager or his
designee shall inspect the Required Improvements and, if found to be still in compliance with the
Code as reflected by final approval by the Board. the Lender's responsibility to the Board under
this Agreement is terminated. The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for and
by the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 20
SIGNED, SEALED AND DELIVERED IN [Developer Name)
THE PRESENCE OF:
By:
Printed or Typed Name Printed or Typed Name
Printed or Typed Name
[Lender]
By:
Printed or Typed Name Printed or Typed Name
Printed or Typed Name
A TIEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk Chairman
Approved as to form and legal sufficiency:
County Attorney
~_.,,- ,__"'__"_~'0_" ._- '. -"....-
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of , 20 between
hereinafter referred to as "Developer," and the Board of County Commissioners of
Collier County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as:
B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
within months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $ which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimate cost of to complete the required improvements at the date of this
Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted for
approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the County Manager or his designee to inspect the required improvements. The County
Manager or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete, Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
and maintenance of the required improvements. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein.
The Developer, as principal under the subdivision performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final total cost
to the Board thereof, including, but not limited to, engineering, legal and contingent costs,
together with any damages, either direct or consequential, which the Board may sustain
on account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are an shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 20
SIGNED, SEALED AND DELIVERED IN [Developer Name]
THE PRESENCE OF:
By:
Printed or Typed Name Printed or Typed Name
Printed or Typed Name
--,.,
[Lender]
By:
Printed or Typed Name Printed or Typed Name
Printed or Typed Name
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk Chairman
Approved as to form and legal sufficiency:
County Attorney
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered
into this day of ,20 by and among , an
independent special district and body politic of the State of Florida (the "District"),
(the "Developer") and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA (the "Board").
RECITALS:
A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of
the subdivision to be known as (the "Plat").
B. Chapters 4 and 10 of the Collier County Land Development Code (the "Code") requires the
District and the Developer to provide certain guarantees to the Board in connection with the
construction of the improvements required by the Plat.
C. The District and the Developer desire to provide the required guarantees to the Board
hereby.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, the District, the Developer and the Board do hereby covenant and agree as
follows:
OPERATIVE PROVISIONS:
1. Required Improvements. The District will cause to be constructed:
(collectively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required
Improvements will be constructed within thirty-six (36) months from the date that the Board
approves the Plat.
2. Security for Required Improvements. A construction fund (the "Construction Fund") has
been established by resolution of the District adopted on , 19/20 (circle one)
(the "Bond Resolution") from which the cost of construction of the Required Improvements shall
be paid. The Construction Fund shall be held in the custody of a bond trustee (the "Trustee").
Proceeds of bonds authorized to be issued by the District pursuant to the Bond Resolution shall
be deposited, at a minimum, in the Construction Fund as follows: $ for costs of the
Required Improvements (the "Construction Amount") and $ representing ten percent
(10%) of the Construction Amount (the "Reserve Amount"). The Reserve Amount shall be
retained as a reserve in the Construction Fund pursuant to Paragraph 5 hereof. In addition to the
foregoing, proceeds of the Bonds shall be deposited with the Trustee to be held as capitalized
interest and which, together with interest earned on the Bond proceeds deposited in the
Construction Fund, shall be sufficient to pay interest on the Bonds during the ( ) month
period following the issuance thereof. In addition, proceeds of the Bonds shall be deposited with
the Trustee in the Debt Service Reserve Account established by the Bond Resolution in an
amount sufficient to pay approximately ( ) months of debt service on the Bonds. There
shall be sufficient monies in the construction fund to construct the required improvements and all
other improvements authorized by the Bond Resolution, as well as to fund the Reserve Amount.
-'-~ ---"..~ .-
3. Construction of Required Improvements.
(a) Annexed hereto and made a part hereof as Exhibit A is a Construction Schedule
relating to the Required Improvements (the "Construction Schedule"). The District shall
commence construction of the Required Improvements within ( ) days following
written construction approval to the District from the Development Services Department
and the issuance, sale and delivery of the Bonds (the "Commencement Period"). The
District will pursue construction of the Required Improvements to substantial completion
within ( ) months following the end of the Commencement Period (the
"Construction Period").
(b) In the event the District fails to: (i) commence construction of the Required
Improvements within the Commencement Period; or (ii) substantially complete
construction of the Required Improvements prior to the expiration of the Construction
Period, upon written notice to Developer by the Board, Developer shall immediately
become responsible for the construction of the Required Improvements. The obligation to
construct the Required Improvements within the Construction Period shall be a joint
obligation of both the District and the Developer.
4. County Manager or his designee's Preliminary Acceptance of Required Improvements. The
Development services Director shall not consider the Required Improvements complete until a
statement of completion by the District's or Developer's consulting engineers, together with the
final project records related thereto, have been furnished for review and approval to the County
Manager or his designee of Collier County, Florida (the "Director") for compliance with the Code.
Within sixty (60) days of receipt of the statement of completion from the District, the Director shall
either (a) notify the District or Developer, in writing, of its preliminary acceptance of the Required
Improvements; or (b) notify the District or Developer, in writing, of his refusal to preliminarily
accept the Required Improvements, therewith specifying those conditions that the District or
Developer must fulfill in order to obtain the County Manager or his designee's Preliminary
Acceptance of the Required Improvements. In no event shall the Board refuse Preliminary
Acceptance of the Required Improvements if they are constructed and submitted for approval in
accordance with the requirements of this Agreement.
5. Maintenance and Reserve Amount. The District or Developer, as the case may be, shall
maintain all Required Improvements for a minimum of one year after preliminary approval by the
County Manager or his designee. After the one year maintenance periOd by the District or
Developer and upon submission of a written request for inspection, the County Manager or his
designee shall inspect the Required Improvements and, if found to be still in compliance with the
Code shall recommend approval to the Board. The District or Developer's responsibility for
maintenance of the Required Improvements shall continue unless or until the Board accepts
maintenance responsibility for the County. Sums equal to the Reserve Amount shall be
maintained by the Trustee on deposit in the Construction Fund until the final approval of the
Required Improvements. The Board shall reflect its acknowledgment of such finding by notifying
the District, in writing, of its final approval of the Required Improvements. Upon receipt of notice
of such final approval, the District shall no longer be required under this Agreement to maintain
the Reserve Amount on deposit in the Construction Fund. In the event that during the inspection
the Director finds that all or some portion of the Required Improvements are not in compliance
with the Code, the Director shall promptly specify, in writing, to the District those deficiencies that
must be corrected in order to bring the Required Improvements into compliance with the Code.
The District shall apply the Reserve Amount to payment of the cost of correcting such
deficiencies. In the event the District fails to pursue such corrective action, the Developer shall
bring the Required Improvements into compliance with the Code. Upon correction of the specified
deficiencies and written notice thereof, the Director shall gain inspect the Required Improvements
and, if found to be in compliance with the Code, shall submit such findings to the Board for its
final approval thereof.
6. Plat Recordation. The parties acknowledge that this Agreement is a "Construction and
Maintenance Agreement of Subdivision Improvements" within the meaning of, and meeting the
requirements established by, section 10.02.04 of the Code. The parties acknowledge and agree
that following the Board's approval of the Plat:
a. The Developer shall not be entitled to record the Plat until the Board receives:
(1 ) Written notice from the Trustee that sums at least equal to the Construction
Amount and Reserve Amount are on deposit in the Construction Fund (the
"Trustee Notice");
(2) Written notice from District and the Trustee that:
(a) The project for which bond proceeds have been received by
District includes the Required Improvements;
(b) Such Bond proceeds are sufficient to finance the Required
Improvements as well as all other improvements to be financed by the
Bonds (collectively "the Project") and to fund the Reserve Amount. The
Trustee's representation that funds are sufficient to finance the Project
for which Bond proceeds have been received as well as to fund the
Reserve Amount is based upon the District Engineer's estimation of
construction costs which is attached hereto and incorporated herein; and
(c) The Project cannot be amended or changed without the consent of
the Board (the "Project Notice").
(3) A representation and warranty from the District that all governmental
permits to enable the District to commence construction of the Required
Improvements have been obtained ("Permit Warranty"); and
b. Upon receipt by [of] the Board of the Trustee Notice, Project Notice and the Permit
Warranty, Developer shall be entitled to record the Plat without further condition, other
than payment of any related recording fees established by applicable law and the
execution of the Plat by all required parties.
7. Liability. The County shall have no liability whatsoever to the bond holders. Neither the
enforcement of the terms of this Agreement by the County nor the failure to enforce such terms
shall create any liability whatsoever to the bond holders, the District, or the Developer. Any
disclosure document prepared by the District or Developer in the offering of such Bonds shall
provide a statement as described above relating to the lack of liability of the County.
8. Miscellaneous. All of the terms, covenants and conditions herein contained are, and shall
be, binding upon the respective successors and assigns of the District, Developer and Board. By
execution below, the Trustee shall evidence its acknowledgment of and assent to the matters
addressed herein. Any notice, demand, request or instrument authorized or required to be given
or made hereby shall be deemed to have been given or made when sent by certified mail, return
receipt requested, to the appropriate party at their address set forth below:
To the District:
~-_.< p-
To the Developer:
To the Board: c/o County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 33962
With a Copy to: Collier County Attorney
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 33962
To the Trustee:
IN WITNESS WHEREOF, the District, the Developer and the Board have caused this Agreement
to be executed by their duly authorized representatives as of this day of 20
SIGNED, SEALED AND DELIVERED IN DISTRICT:
THE PRESENCE OF:
ATTEST:
By:
District Secretary Its:
DEVELOPER:
Witness
DEVELOPER:
By:
Witness Its:
ATTEST: BOARD:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLOR!DA
By:
Deputy Clerk By:
Chairman
Approved as to form and legal sufficiency:
County Attorney
Acknowledged and assented to:
as Trustee under the within-mentioned
Bond Resolution
By:
Its:
Date:
_.~.. _.,-' -"'''''"'''
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON
IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this
day of ,20 between hereinafter referred to as
"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board."
RECITALS:
1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as:
2. Chapters 4 and 10 of the Collier County Land Development Code allows the Developer to
construct the improvements required by said subdivision regulations prior to recording the final
plat.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
within months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith agrees to construct said improvements prior to recording said
subdivision plat and the Board of County Commissioners shall not approve the plat for recording
until said improvements have been completed.
3. Upon completion of said improvements, the Developer shall tender its subdivision
performance security in the amount of $ which represents ten percent of the total
contract cost to complete construction. Upon receipt of said subdivision performance security by
the County Manager or his designee, the Developer may request the Board of County
Commissioners to approve the subdivision plat for recording and grant preliminary approval of
said plat.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement
of substantial completion, either: a) notify the Developer in writing of his preliminary approval of
the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the developer must fulfill in order to
obtain the Director's approval of the improvements. However, in no event shall the County
Manager or his designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval inn accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated. the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee or his designee shall inspect the improvements and, if found to be still in compliance
with the Collier County Land Development Code as reflected by final approval by the Board, the
Board shall release the ten percent subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for the County.
7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be
constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids,
the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
8. All of the terms, covenants and conditions herein contained are and shall be biding upon the
Developer and the respective successors and assigns of the developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of ,20
Witnesses to (Developer Name) (entitv)
Developer
By:
(printed name and title)
Witnesses to (Lender Name) ( entitv)
Lender
By:
(printed name and title)
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk Chairman
Approved as to form and legal sufficiency:
County Attorney
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APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS
AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED
INFORMATION
(SEE LDC section 10.02.04 for applicable, specific provisions)
The following text and format are intended as a guide for preparers of those
platting materials required to be submitted ,to reviewing authorities, including the
project review services department, utilities division, county health department,
county attorney and the SCC. Adherence to this format and text will substantially
expedite review. Substantial deviation in substance or form from the suggested
text and format may result in delay or disapproval of the submitted plat.
SURVEYOR'S CERTIFICATE
State of Florida )
) SS
County of Collier )
The undersigned hereby certifies that this plat was prepared by me or under my
supervision and that the depicted survey data complies with all of the
requirements of Chapter 177, Part I, Florida Statutes. Permanent reference
monuments will be set prior to the recording of this plat and permanent control
points and lot corners will be set prior to final acceptance of required
improvements.
(Siqnature)
(Printed Name)
Florida Professional Land Surveyor No.
Date
COUNTY COMMISSION APPROVAL
State of Florida )
) SS
County of Collier )
This plat approved for recording in a regular open meeting by the Board of
County Commissioners of Collier County, Florida, this day of
-- ^ ...u._
,20 , AD., provided that the plat is filed in the office of the
Clerk of the Circuit Court of Collier County, Florida.
, Clerk Chairman, Board of County
Commissioners
Collier County, Florida
FILING RECORD
I hereby certify that this plat has been examined by me and that it complies in
form with the requirements, of Chapter 177, Florida Statutes. I further certify that
said plat was filed for record at (a.m. or p.m.) this day of
, 20 , AD. and duly recorded in Plat Book Page(s)
, inclusive, of the Public Records of Collier County, Florida.
I IBY: ' Clerk I
ENGINEERING REVIEW SERVICES
This Plat approved by the Engineering Review Services Section of the
Community Development Division of Collier County, Florida this day of
,20 ;A.D
_ Engineering Review Services
Director Collier Coun ,Florida
COUNTY A TIORNEY
This Plat approved by the Collier County Attorney this day of
,20 , AD.
I Collier I I
County Attorney
DEDICATIONS
State of Florida
) SS
County of Collier )
KNOW ALL MEN BY THESE PRESENTS that (owner(s)), the
owner of lands described hereon, have caused this plat entitled (name
of subdivision) to be made and do hereby:
A. Dedicate to Collier County or the public:
1. The rights-of-way for depicted streets, roads, or ingress &
egress easements as shown hereon for the purpose of
access, ingress & egress and any other purposes shown.
2. Any tracts or easements intended to be conveyed to the
public for such purposes as they may be required, Le., canal
rights-of-way/easements, drainage or stormwater
management easements, etc.
B. To Collier County Water-Sewer District or any other applicable
entity: Le., Immokalee Water-Sewer District, etc.:
1. all water and sewer utility facilities constructed within this
platted area, upon acceptance of the improvements required
by the applicable land development regulations.
2. To Collier County Water-Sewer District (or any other
applicable entity: Le., Immokalee Water-Sewer District, etc.)
indicated.
C. Dedicate to the insert appropriate entity name(s) home/property/lot
owners' association, or to any other lawfully existing entity, which
must have the power or authority to perform the obligation to
maintain being dedicated, along with the responsibility for such
maintenance:
1. Private road rights-of-way,
2. Drainage or stormwater management easements,
3. Landscape buffer easements,
4. Lake maintenance easements,
~~",,_'._d.._..'___"______ '___'W ~~..~
5. Access easements,
6. Or any other similar easement or tract intended to be
dedicated for a set purpose{s)
Such tracts or easements must be dedicated to a homeowner's
association or to any other lawfully existing entity which has or
would have at the time of final plat recording the power or authority
to perform the obligation to maintain, along with the responsibility
for such maintenance.
D. A non-exclusive public utility easement (P.U.E.) to all licensed or
franchised public or private utilities as shown on this plat for public
utility purposes, including construction, installation, maintenance,
and operation of their respective facilities, including cable television
services, provided that such uses be subject to, and not
inconsistent with, the use by the Collier County Water-Sewer
District. In the event a cable company damages the facilities of
another public utility it will be solely responsible for said damages.
E. Reserve to the state appropriate owner entity{s) name{s):
1. any tracts intended for "Future Development," or being
retained for other stated, specific purposes.
BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH
OWNER
I WITNESSES: /BY:_ I
ACKNOWLEDGMENT
All dedications and consents are to be executed and acknowledged in
accordance with the applicable sections of Chapters 689 and 692 of the Florida
Statutes.
WAIVER AND RELEASE NOTE:
On ,of 20 the owner{s) executing the Dedication, as
the holders of record title or other specified interests, expressly waived and
released the County from any claims of vested rights and equitable estoppel
pertaining to the issuance of a Certificate of Public Facility Adequacy in
accordance with Collier County.
PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S
CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE
FOLLOWING FORM MAY BE PROVIDED AS A SEPARATE INSTRUMENT AS
SET FORTH IN 9 177.081(2), F.S., ADDITIONAL RECORDING FEES MAYBE
REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED.
MORTGAGEE'S CONSENT
STATE OF )
FLORIDA
}
COUNTY OF )
COLLIER
(mortgagee), authorized to transact business in the State of Florida,
hereby certifies that it is the holder of a mortgage upon the herein described
property as recorded on O.R. Book , Page of the Public
Records of Collier County, and does hereby join in and consent to the dedication
of the property by the owner, and agrees that its mortgage shall be subordinated
to the dedications shown hereon.
I I NAME I
TITLE
All dedications and consents are to be executed and acknowledged in
accordance with the applicable sections of Chapters 689 and 692 of the Florida
Statutes.
BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH
MORTGAGE
-<-- ---..-.'" _._._,-,- -"..~,
APPENDIX D
AIRPORT ZONING*
* Editors Note: Appendices I through IV have been designated as
"Appendix 0, Airport Zoning" at the discretion of the editor.
Appendix I. [Airport Zoning Maps]
Appendix II. Naples Airport Noise Zone Map
Appendix III. Activities andlor Land Uses Guidance Chart with
Soundproofing Requirements
Appendix IV. Required Sound Transmission Class Ratings
APPENDIX I.
[AIRPORT ZONING MAPS]
-.,.-
Appendix I. [Airport Zoning Maps]
" ~ 3lJ -II . . . .I. ... ... ....
. . . . . . .
I
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11III - --
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--
:::=w-u:=: ~.J.r..... ~
Mill'" lU<_"'-
ZONING MAP A. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP
(SEE SECTION 4.02.06 (N))
ZONING MAP B. MARCO ISLAND [EXECUTIVE] AIRPORT
(SEE SECTION 4.02.06 (N))
.
I
i I
.
. . ~~.
-. ^ .~,,-
ZONING MAP C. EVERGLADES AIRPORT
(SEE SECTION 4.02.06 (N))
ZONING MAP C. EVERGLADES AIRPORT
-
.
I{ +
. -
II ,
ZONING MAP D. IMMOKALEE AIRPORT
(SEE SECTION 4.02.06 (N))
ZONING MAP D. IMMOKALEE AIRPORT
,
.
I{I{
I I'
i i
I
If.- -+
'--~ ---
APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP
(SEE SECTION 4.02.06 (N))
APPENDIX D-AIRPORT ZONING App. D, App. II
APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP
(SEE SECTION 2.2.23)
'..
~
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION SCALE: ~
COt.lt.lUNITY DEVELOPlAENT AND ENVIRONMENTAL SERVICES DIVISION 1500 JOOO &000 r..t
OA TE: 7/03 fiLE: AIRPORT-NZ-2-2003.DWG
NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP
APPENDIX UI.
ACTIVITIES AND/OR LAND USES GUIDANCE CHART WITH
SOUNDPROOFING REQUIREMENTS
(SEE SECTION 4.02.06 (N))
Land Use Noise Zones
A 75 Ldn B 75-70 Ldn C 70-65 Ldn D 65-60 Ldn
RESIDENTIAL
Single--Units NR SLR-30 SLR-25 SLR-25
detached
T ownhouses--
Attached
Duplex
Mobile homes NR SLR-30 SLR-25 SLR-25
Multifamily NR SLR-30 SLR-25 SLR-25
Motels-- NR SLR-30 SLR-25 SLR-25
Residential
Motels-- Tourist NR SLR-30 SLR-25 SLR-25
Other residential NR SLR-30 SLR-25 SLR-25
NR Not
recommended,
the land use is not
compatible within
the identified
noise zone.
However, if the
applicant chooses
to develop within
the identified
noise zone, a
sound level
reduction (SLR) of
35 must be
incorporated into
the design and
construction of the
structure.
SLR Sound level
reduction.
35,30,or25 The land use is
generally
compatible,
however, a sound
level reduction
(SLR) of 35, 30 or
25 must be
incorporated into
the design and
construction of the
structure.
Permitted No sound level
requirement
reQuired.
Note: This table is a general guide. The responsibility for determining the
acceptability and permissible land uses remains with the authority of the Bee. All
other land uses not specified above shall be permitted in the noise zones
pursuant to the applicable zoning district and shall not be required to meet SLR
requ irements. I
i
I
APPENDIX IV.
REQUIRED SOUND TRANSMISSION CLASS RATINGS
(SEE SECTION 4.02.06 (N))
403.2. Compliance with the aircraft sound isolation performance standards
shall be established by certification from a registered professional architect or
engineer that when constructed in accordance with the approved plans and with
quality workmanship, the building shall achieve the specified interior noise levels,
or by the use of assemblies having the Sound Transmission Class ratings
specified in Table 403.2.
TABLE 403.2. MINIMUM SOUND TRANSMISSION OF ASSEMBLIES
% Openings Noise Reduction Exterior Walls and Exterior Doors,
Roofs Windows and
Sloped Glazing
1--25% 35 Ldn 30 Ldn 25 50 45 39 42 37 28
Ldn
26--70% 35 Ldn 30 Ldn 25 55 50 45 4541 37
Ldn
Standard for Sound Control/1988
Source: Southern Building Code Congress International, Inc., SBCCI Standard
for Sound Control SSTD 8-87, Copyright 1987
-~.. .. N.".,~ ,- .... --.,- ...~ - ...-
APPENDIX E
ACCESS MANAGEMENT PLAN MAPS
EXPLANATION OF LEGEND AND NOTATIONS ON ACCESS MANAGEMENT
PLAN MAPS:
Existing buildings and structures -, ~enerally represents the shape, size
and location of structures (primarily nonresidential) existing at the time of
adoption of the map. Some uses are identified for geographic reference (e.g.,
banks) and others because of high traffic generation (e.g., convenience stores,
shopping centers).
Existing ingress/egress - Indicates an existing drive or driveway into a
project at the time of adoption of the map.
Approved ingress/egress, unbuilt - Indicates a drive, driveway or roadway
approved by an existing development order (PUD, planned unit development or
SOP, site development plan) but not constructed at the time of adoption of the
map.
I
New ingress/egress - Indicates desired location of future access points.
Future development orders could only be approved if access points comply with
these locations.
Monitor for future modification/removal- Indicates an existing or approved
but unbuilt access point, at the time of adoption of the map, which is to be
monitored (review and analyze accidents reports, traffic volumes, and operating
conditions within close proximity to the site) for possible modification or removal.
Usually this symbol is accompanied by the potential change identified in
parentheses, e.g., "{possible removal)." Access points may be modified thru
median modification (e.g., change median opening from full to directional, etc.)
and/or at the access point itself. Median modification may occur independent of
site development activity. Modification or removal of the access point itself may
occur at time of site redevelopment, significant site alteration, or change in use.
Existing medians - Depicts location and shape of existing restrictive
medians (grass or concrete median, not painted median) at the time of adoption
of the map. Median dimensions are representative - no field measurements were
performed.
Sidewalk - Indicates existing paved sidewalk at the time of adoption of the
map.
Possible traffic light - Indicates the possible location of a traffic light at
some time in the future.
--. _. ------
---".---
Future closure of median opening - Indicates the planned or approved
closure of an existing median opening due to scheduled roadway improvements.
Possible closure of median opening - Indicates the possible closure of an
existing median opening.
Future modification of median opening - Indicates the planned or
approved modification of an existing median opening, e.g. change from full
opening to directional.
Possible modification of median opening _ Indicates the possible
modification of an existing median opening.
Shares access encouraged - Indicates desire for one access point to
serve two or more parcels of land. Staff would encourage/request this at time of
development order review. Adjacent parcels under same ownership may be
limited to a single access point onto the major roadway.
Interconnect encouraged - Indicates where an interconnection between
properties appears appropriate. Staff would encouragelrequest this at time of
development order review.
Potential interconnect - Indicates general location where an
interconnection between properties appears appropriate and where one of the
two parcels is already developed. Staff may encouragelrequest this at time of
development order review of the undeveloped parcel and at time of
redevelopment or significant use change for the existing developed parcel.
No direct access to (name of road) - Indicates a parcel cannot
obtain access from the specified roadway resulting in access being obtained
through interconnection with an adjacent property and/or from some other street.
No direct access to (name of road) unless a shared access
point - Indicates a parcel cannot obtain access from the specified roadway _
resulting in access being obtained through interconnection with an adjacent
property and/or from some other street - unless the access is shared with an
adjacent property.
Future removal, future right-in, right-out, etc. - Indicates a planned or
approved change to an access point due to scheduled roadway improvements
(e.g., planned future 4-laning will include median modification such that an
access point changes from full to directional) or due to an approved development
order for different land use which existing access point removed or modified.
Possible removal, possible right-in, right-aut, etc. - Indicates a possible
change to an access point due to future median modifications not yet planned or
as a result of monitoring the access point.
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APPENDIX F
LIST OF COLLIER COUNTY PUD ORDINANCES-.June 26, 2003
PUD Name Ord. No
AIRPORT PLAZA 95-68
ANGILERE 96-56; 97-16
APRIL CIRCLE 89-76 (Wind song
Apts.)
ARBOR LAKE 90-37
CLUB
ARBOR TRACE 82-50 (Was
Hawks Nest)
ARETE/NAPLES 90-83; 92-36
NATIONAL GOLF
ARLINGTON 00-67
LAKES
ARROWHEAD 91-44 Rpld.; 02-40
ASHLEYS 90-108 Rpld.; 97-
SERVICE 76
STATION
ASTRON PLAZA 90-69; 96-49
AUDUBON 82-48; 87-77; 91-
COUNTRY CLUB 53; 96-1
BAILEY LANE 89-14 (Coco Bay);
Rpld. 95-37; 00-78
BAILEY 87-92; 92-23 (Now
EXECUTIVE Wilson
PARK Professional
Center)
BAY FOREST 81-7; 88-91
BEACHWAY 90-45 Rpld. Now
Collier Tract 21,
99-97
BEAR CREEK OF 92-20
NAPLES
BEAR'S PAW 83-42
BEMBRIDGE 98-86
BERKSHIRE 83-46; 85-35; 85-
LAKES 75; 86-21; 87-82;
87-83; 91-45; 98-
5; 98-54
BOT ANTICAL 03-29
GARDENS
BOYNE SOUTH 99-25
BREEZEWOOD 89-95; 97-41
Rpld.; 99-88
__M c.__
BRENTWOOD 90-36 Rpld.; 97-
47; 99-89
BRETTONE 87-15; 88-67; 89-
PARK 10; 98-112; 00-9;
01-32 (Embassy
Woods/Glen
Eagle)
BRIARWOOD 76-22; 89-36; 95-
33
BRIDAL PATH 75-10 (Now
Foxfire)
BRIDGET LAKE 86-90; 91-66
BRITTANY BAY 00-77
APARTMENTS
BYRNWOOD 00-73
PRESERVE
BUCKS RUN Was Mauriel PUD;
99-79 Rpld.; 01-67
CALI 85-36; 87-8; 89-82
INDUSTRIES (Now 1-75/Alligator
CONDO/MOTEL Alley)
CAMBRIDGE 98-89
SQUARE
CARILLlON 91-111
CARL TON LAKES 88-56; 92-48; 94-
60 Rpld.; 95-35
Rold.; 99-75
CAS A DEL SOL 89-70 Rpld.; 98-14
GOLF/CNTRY. (Now Naples
CLUB Forest Cntry.
Club); 99-31
CASTLEWOOD 01-16
@ IMPERIAL
CA Y LAGOON 92-37
CEDAR 98-115
HAMMOCK GOLF
& COUNTRY
CLUB
CHAMPION 00-21; 01-1
LAKES R.V.
RESORT
CHARLEE 03-05
ESTATES
CHESHIRE 84-53
ARMS
CITRUS 86-33; 89-25
GARDENS (Lakeside)
CITY GATE 88-93
COMMERCE
PARK
CLESEN 98-1 0
CLUB ESTATES 97-69 Rpld.; 99-31
COCOHATCHEE 00-88
BAY
COCOHATCHEE 88-30
RIVER TRUST
COLLEGEWOOD 95-65
COLLIER BLVD. 01-10
MIXED USE
COMMERCE
CENTER
COLLIER 86-77
DEVELOPMENT
COLLIER 88-40
HEALTH
CENTER
COLLIER TRACT 99-97 (VVas
21 Beachway PUD)
COLLIER TRACT 91-21 (Collier's
22 Reserve)
COLLIER 87-6; 90-18
VILLAGE
COMMONS 80-42
PROFESSIONAL
PARK
COVENTRY 93-18 (Days Inn)
COURTHOUSE 85-11; 92-8
SHADOWS
CREEKSIDE 97-51
COMMERCE
PARK
CRESCENT 81-65; 86-26
LAKES ESTATES
CRESTWOOD 90-7
CRICKET LAKES 80-28
CROWN POINTE 87-31; 89-31; 90-
59
CRYSTAL LAKE 84-73; 90-1; 94-61
CYPRESS GLEN 87-18; 92-83
Rpld.; 02-37
._-
CYPRESS 87-3
GREEN
APARTMENTS
CYPRESS 81-80; 84-73
HEAD/CRYST AL
LAKE
CYPRESS 97-36
WOODS GOLF &
CNTRY.CLUB
DAVENPORT 87-75
DA VINCI 00-11 Rpld.; 01-36
ESTATES IN
OlDE CYRESS
DAYS INN 78-57; 78-85; 86-
12 (Coventry
Square)
DEVOE PONTIAC 97 -14
DONOVAN 90-84 Rpld.; 97-73
CENTER
DOVE POINTE 86-62; 91-64
DUNES 98-24 Rold.; 00-74
DYNABEl 93-21 Rpld.; 99-41
(There is an error
in the repeal
section of this
ordinance that has
not been
corrected. )
EAGLE CREEK 81-4; 82-53; 85-8;
CNTRY.CLUB 85-52; 85-5; 88-
10; 91-113; 96-79
EAST GATEWAY 03-11
E. NAPLES 84-70; 98-4
COMMUNITY
PARK
E. TOll PLAZA 85-57; 88-38
R.V. RESORT
E. TRAil R.V. 91-91 Rpld.; (Now
PARK Habitat Place); 00-
35
EASTRIDGE 84-72; 89-13 (Now
Plantation)
EBOLl 97 -23
EDISON VILLAGE 00-83
EM ERAlD/BRI DG 82-36; 82-89; 91-
ET LAKES 66; 91-92; 91-99
FALLING 89-44; 93-42; 95-
WATERS 36
FALLING 98-33 Rpld. 0Nas
WATERS BEACH Woodfield Lakes),
RESORT 01-68
FALLS OF 82-62; 91-109
NAPLES, LTD. (Pine Ridge
Crossings); 02-67
FIDDLERS 84-42; 96-42; 96-
CREEK 74; 98-13; 98-38;
00-84
FIDDLERS 02-61
CREEK CDD#2
FIRST 93-57 Rpld.; 96-58
ASSEMBL Y OF Rpld.; 96-86
GOD (United Methodist
Church 951); 99-
59
FIRST BAPTIST 96-2 Rpld.; 99-78
CHURCH
FLORIDA 82-73
POWER/LIGHT
FLOW WAY CDD 02-09
FORD MOTOR 84-8; 84-54; 98-9
CO.
FOREST GLEN 98-39 Rpld.; 0N as
OF NAPLES Naples Golf
Estates) 99-69
FOREST LAKES 76-50
HOMES
FOUNDER'S 96-5 Rpld.; 98-40;
PLAZA 02-68
FOUNTAIN PARK 99-5
FOXFIRE 75-10; 80-10; 81-
68; 84-49; 84-50;
85-24; 88-68; 93-
31
GADALET A 88-50 Rpld.; 89-
84; 97-7; 98-28;
03-26 (Now North
Naples
ResearchfT echnol
ogy PUD)
GALLMAN OLDS 86-6
DEALER
^--"
GARDEN LAKE 89-9
APRTMTS
GARDEN WALK 96-4
VILLAGE
GATEWAY 85-29
GERMAIN AUTO 90-50
FACILITY
GLEN EDEN 99-3
PARK
G.G. HEALTH .92-82 Rpld.; 00-15
PARK (Now GG
Commercial Park);
00-41
G.G. 00-15; 00-41 CNas
COMMERCIAL GG Health Park)
PARK
GOLDEN GATE 84-40
VILLAS (Meadowood
Club)
GOLDEN POND 98-35
GOODLAND 01-30
GATEWAY
GOODLETTE 02-08
CORNERS
GRANADA 98-91 Rpld.; 01-17
SHOPPES
GREEK 90-72
ORTHODOX
CHURCH
GREEN 83-51 ; 85-23
BOULEVARD
GREEN HERON 82-40; 84-21; 95-
30 (Sapphire
Lakes)
GREEN TREE 81-58; 84-33
CENTER
GREY 90-47; 90-48; 96-
OAKS/HALST A TT 82; 97-45 Rpld.;
98-94 Rpld.; 00-46
HABITAT PLACE 00-35 CNas East
Trail R.V. Park)
HAMIL TON 99-68 (Part of
HARBOR Sabal Bav 86-77)
HAMMOCK PARK 00-79
OF COMMERCE
HARVEST FOR 99-80
HUMANITY
HAWAIIAN 81-22; 81-34
VILLAGE
HAWKS NEST 82-50; 89-91
(Arbor Trace)
HAWKS RIDGE 89-94
H.D. 03-30
DEVELOPMENT
HENDERSON 02-15
CREEK
HENDERSON 80-90; 81-66
CREEK VILLAGE
HERON LAKES 83-47; 90-79
HERITAGE 88-74; 91-73
HIBISCUS 00-76; 02-46
VILLAGE
HIDEAWAY 79-68; 80-81; 84-
BEACH 67; 89-29; 90-106;
92-11; 95-59
HUNTINGTON 94-38
HUNTINGTON 82-22; 86-2
WOODS (Americana
Lutheran Church)
IBIS COVE 99-21
IMMOKALEE RD. 93-26
CENTER
IMPERIAL LAKES 82-81
IMPERIAL WEST 82-80; 87-58
INDIGO LAKES 99-71 Rpld.; (yVas
Wyndam Park,
Rold. 99-9), 01-53
1-75/ALLlGA TOR 85-36; 87-8; 89-82
ALLEY (Was Cali
Industries
motel/hotel)
1-75/COLLlER 00-89
BLVD.
COMMERCIAL
CENTER
ISLAND PINES 88-94; 97-38; 97-
GARDENS 72
ISLAND WALK 97 -6; 98-58
JACARANDA 97-4
CENTER
JAEGER 85-30
, ',""--
KENSINGTON 92-25 Rpld.; 98-8
PARK
KENSINGTON 87-72
PLACE
KELLER ENTRY 80-35
LEVEL
KINGS LAKE 80-83; 82-52; 84-
12
KREHLlNGIWYN 75-34; 82-120
OEM ERE <..
LA FONTANA 93-9
LAGO VERDE 84-81
LAKE AVALON 83-36 Rpld.; 91-
87; 96-13 (Sudgen
Park)
LAKEWOOD 76-51
LANDS END 94-43 Rpld.
PRESERVE (Barefoot Bay);
03-05
LAUREN OAKS 86-70; 92-47 (Now
Lauren Pines)-
LAUREL WOOD 94-63
LAWMETKA 90-26 Rpld.; 99-4
PLAZA Rold.; 02-51
LEAWOOD 91-9; 94-11; 95-77
LAKES IV
LEL Y BAREFOOT 77-48; 81-76; 85-
BEACH 21,85-83; 87-53;
88-63; 01-35
LEL Y BAREOOT 85-22; 87-52
BCH. CONDO.
LEL Y COUNTRY 76-41; 77-60; 84-
CLUB 85; 86-86
LEL Y LAKES 93-32; Rpld. by
98-85
LEL Y LAKES 98-85
GOLF RESORT
LEL Y PALMS OF 82-25; 97-5
NAPLES
LELY 86-18
RESEARCH/DEV
ELOP. PARK
LELY, A RESORT 85-17; 91-29; 92-
COMMUNITY 15; 92-38
LEL Y SQUARE 85-66
LITTLE HICKORY 79-65
BAY CONDO.
LIVINGSTON 99-18
LAKES
LIVINGSTON RD. 90-49; 92-31
CNTRY.CLUB Rpld.; (Now
Mediterra) 99-41;
00-12
LIVINGSTON 03-23
VILLAGE
LOCH LOUISE 84-90; 86-3; 87-30
(Now W. Crown
Pointe)
LOCH RIDGE 86-79 (Kingswood
Garden); 00-38
LONE OAK 86-11; 87-76; 89-
30 (Walden Oak)
LONGSHORE 87-54; 90-93; 93-3
LAKE
MADEIRA 00-80
MAGNOLIA 98-49
POND
MALlBU LAKE 99-49
MAPLEWOOD 93-84
MARCO SHORES 81-6; 84-42; 85-
56; 88-48; 89-34;
91-6; 92-90; 94-
41; 96-74; 98-13;
00-84
MARKER LAKE 97-37
VILLAS
MAURIEL 99-1 Rpld.; (Now
Bucks Run) 99-79
MEADOWBROOK 00-55
S
MEADOW 91-5
BROOK
ESTATES
MEDITERRA 99-41 Rpld.; CDD
99-67; 00-36
Rpld.; 01-38; 01-
61
MICELI 84-71; 92-62
MIRALlA 96-12
MIRASOL 01-20
- ._~
MISSION 00-50
CHURCH
MISSION HILLS 03-03
MISSION 02-64
SQUARE
MIR MAR 98-72
MOCAKE 92-4 Rpld.; (Now
Malibu Lake) 99-
49
MONTEREY/wO 90-28
ODBRIDGE
MOON LAKE 88-55
MOORINGS 79-19; 79-99; 80-
PARK/ESTATES 31; 82-90; 83-1;
02-12
MYRTLE COVE 81-23
ACRES/MYRTLE
WOODS
NAPLES Res. 73-22; 74-47;
BA TH/TENNIS 75-48; 81-61
CLUB
NAPLES FOREST 89-70 Rpld.; 98-14
CNTRY.CLUB Rpld.; fWas Casa
Del Sol); 99-31;
03-33; (Name
changed to
Naples Lakes
County Club PUD
NAPLES 85-29; 97-49
GATEWAY Rpld.; 00-14
NAPLES GOLF 88-83; 98-39 (Now
ESTATES Forest Glen of
Naples)
NAPLES 95-74
HERITAGE GOLF
& CNTY. CLUB
NAPLES 75-25
JAYCEES
NAPLES LAKE 86-80; 88-55 (Now
Moon Lake)
NAPLES LAKE 03-33 fW as
COUNTY CLUB Naples Forest
County Club)
NAPLES 92-36
NATIONAL GOLF
CLUB/ARETE
SHADOW WOOD 82-49 0Nas Wing
South)
SHAMROCK 88-10; 82-53
COUNTRY CLUB
SHERRWOOD 80-38
PARK
SHOPPES at 89-62; 98-22
SANTA '..
BARBARA
SIERRA 94-64 Rpld.; 99-91
MEADOWS
SILVER LAKES 90-40; 91-90
SLEEPY 88-25 (The
HOLLOW Crossings)
SOUTHERN 82-60
PROPERTIES (Springwood)
SOUTHHAMPTO 88-53; 91-56; 92-
N AT NAPLES 24 (Stonebridge)
SOUTPOINTE 88-82
YACHT CLUB
SOUTHWEST 89-74
PROFESSIONAL
PARK
SOUTHWOODS 92-78; 97-70 (Now
Pelican Lake)
ST. JOHN 90-73 Rpld.; 00-02
CATHOLIC
CHURCH
ST. PETERS 90-4
CATHOLIC
CHURCH
STERLING OAKS 92-79; 93-6; 98-27
(Cypress Head)
STILES 86-58 Rpld.; 87-
CORPORATION 42; 88-54; 89-7;
97-74
SUMMER GLEN 91-7
APARTMENTS
SUMMER WIND 85-79; 88-24 0Nas
Woodside Apts.)
SUMMERWOOD 81-91; 89-83
(Timberlake); 99-
61
SUNGATE 92-93; 95-42
CENTER
,...--
SUNSHINE 93-92
VILLAGE
SURREY PLACE 88-85 Rpld.; 98-60
CONV ALESCNET Rpld.; 98-67
CENTER
SUTHERLAND 84-65; 96-61
CENTER (Naples Plaza)
SWAMP BUGGY 84-26
DAYS
TAMIAMI 98-90; 99-48
PROFESSIONAL
CENTER
TARPON COVE 95-76
TERRAFINA 01-70
300 ACRE 95-8 Rpld; 96-80
GOODLETTE
ROAD
TIMBER RIDGE 94-23
TIMBERWOOD 85-62; 88-21 0Nas
Oxford Village)
TOLL GATE 84-6; 90-54; 90-
COMMERCIAL 92; 92-10; 93-1
CENTER
TOLL PLAZA R.V. 84-32 (Naples
PARK R.V. Resort)
TREE 79-48; 80-18; 80-
TOPS/BRUCE 91
MUMM
TUSCANY 02-42
RESERVE COD
TUSCANY 03-28 0Nas Ronto
RESERVE PUD Livingston)
TWEL VE LAKES 87-4 Rpld.; 98-50
(Islesworth); 03-20
TWIN EAGLES 97-29; 98-17; 03-
GOLF/CNTRY. 20
CLUB
TWO LAKES 00-63
PLAZA
UNITED 93-57; 96-58 (Now
METHODIST 1 st Assembly
Ministries
Education/Rehab.
Campus)
U.S. 41 97 -46
NAPLES PARK 78-57; 78-85
NAPLES R&D 86-18; (88-84;
PARK AT LEL Y Reso. 98-15
Rpld.)
NAPLES 99-42
RESERVE GOLF
CLUB
NEOPOLlTAN 90-6
PARK
NICAEA 00-52
ACADEMY
NORTH BROOK 91-67 Rpld.; 98-59
PLAZA (Ord. 98-34
adopted by BCC
but never was
sent to Sec. of
State)
NORTH NAPLES 90-77; 95-45
MEDICAL PARK
NORTH NAPLES 03-26
RESEARCH/TEC
HNOLOGY 0Nas
Gadaleta PUD)
NORTH PORT 00-5
BAY
NORTHSIDE 00-40
MEDICAL PLAZA
NORTH SHORE 95-64
LAKE VILLAS
OAK GROVE 98-71
OLDE CYPRESS 99-270Nas
Woodlands); 99-
92 Rpld.; 00-37;
00-53
ORANGE 85-5; 92-75
BLOSSOM
GARDENS
ORANGE TREE 87-13; 91-43 0Nas
Golden Gate City)
OSPREY'S 89-92; 91-18; 92-
LANDING 81 0Nas Pelican
Lake)
OUTDOOR 00-49
RESORTS OF
NAPLES
._._-~ -
OXFORD 85-62; 88-21 (Now
VILLAGE Timberwood)
PARADISE 89-1; 95-53
POINTE RV.
RESORT
PARK CENTRAL 01-48
NORTH
PARKLANDS 85-46; 93-43
PARK SHORE (2 74-29; 76-18; 76-
& 5) .55; 78-29; 82-98;
85-44; 86-24; 87-
89; 88-49
PARKWAY 94-35; 95-10
CENTER
PARKWAY 95-14
PLACE
PARKWAY 95-63
PROMENADE
PATTISON 80-62; 91-86 (Now
Victoria Falls)
PAVILION LAKE 87 -41 (Pavilion
Club)
PAVILION 82-24; 84-51
SHOPS
PELICAN BAY 88-18; 80-61; 80-
109; 81-16; 81-50;
82-96; 83-4; 83-
48; 86-42; 87-1;
88-62; 89-35; 90-
66; 93-63; 97-78
PELICAN 89-92; 91-18; 92-
LAKES/OSPREY' 81 (Southwoods)
S LANDING
PELICAN MARSH 95-4; 97-79; 98-
11; 99-33 Rpld.;
99-90 Rpld.; 02-71
PELICAN 97-24; 97-75
STRAND (Regency Village);
02-57
PINE AIR LAKES 85-67; 92-1; 94-
25; COD 01-44
PINEBROOK 80-56
LAKE/DOYLE
HOPKINS
PINE RIDGE 87-9 Rpld.; 98-31
CENTER Rpld.; 01-8
PINE RIDGE 88-87 Rpld.; 95-48
CENTER WEST Rpld.; 98-32
Rpld.; 01-9
PINE RIDGE 99-94
COMMONS
PINE RIDGE 98-61
CORNERS
PINE RIDGE 9.5-52 (Sanders
MEDICAL Retail Center)
CENTER
PINE WOODS 76-40
PINE VIEW 00-45
PIPER BLVD. 95-47 (Rpld. by
MEDICAL 98-82 and
CENTER adopted new
PUD)
PLANTATION 84-72; 89-13 0Nas
Eastridge)
PLAZA 90-44; 92-5
21/NORTH PARK
CENTER
POINT MARCO 81-25; 81-98; 90-
42; 91-42; 92-28;
94-46
PRC & M a/k/a 99-96
PALM ROYALE
CEMETERY
PRICE 90-57
PRINCESS PARK 84-34; 90-53 (King
Richard's)
PROGANY 97 -28
COMMERCE
CENTER
QUAIL CREEK 79-80; 80-29
COUNTRY CLUB
QUAIL II 81-90; 82-68; 83-
52; 89-71; 92-41
(Quail Creek
Village)
QUAIL WEST 90-56; 93-44; 96-
32
RADIO SQUARE 91-95; 97-4
RAGGE 01-7
RANDALL BLVD. 86-25
CENTER
---..- - '.~"- ---
REGENCY 86-19
AUTOHAUS
REGENCY 85-61 (Pelican
VILLAGE Strand)
REGENT PARK 85-45
RELATED 96-24
GROUP
RETREA T/BENTL 79-82; 82-97; 84-
EY VILLAGE 25; 86-27; 90-91 ;
97-71
RICHLAND 90-39; 96-3; 97-27
Rpld.; 02-07; 03-
13
RIGAS 99-57 Rpld.; 00-39
RIVER REACH 85-71
RIVERBEND 81-28
RIVIERA 78-58
COLONY GOLF
EST.
ROBERTS 92-7
ESTATES
RONTO 00-4 Rpld.; 00-01
LIVINGSTON Res. 00-26; 03-28
(Name changed to
Tuscanv Reserve)
ROYALWOOD 87-71; 93-4; 96-72
GOLF/CNTRY.
CLUB
SABAL BAY 86-77; See 99-68
SABAL LAKE 82-41; 86-23; 94-
32; 97-78
SADDLEBROOK 91-55 Rpld.; 98-16
VILLAGE
SALVATION 90-107 Rpld.; 01-
ARMY 65
SANDERS PINES 88-5
SANDERS 91-30 (Now Pine
RETAIL CENTER Ridge Medical
Center)
SANDPIPER 01-15 Rpld.; 02-02
VILLAGE
SAND RIDGE 89-28; 89-64
SAN MARINO 00-1 0
SAXON MANOR 94-21
ISLES
V.F.W. POST 75-29
8089
VANDERBILT 96-73 Rpld.; 98-52
PINES (Now Vanderbilt
Country Club)
VANDERBILT 99-70
TRUST 1989
VANDERBILT 87-57; 88-27
VILLAS
VENETIAN 99-30
PLAZA
VETERANS 96-33; 97-80; 01-
PARK 22
VETERAN'S 96-33; 01-23
PARK MEDICAL (Name change,
was Veteran's
Park Common)
VICTORIA FALLS 80-62; 91-86
Rpld.; 99-83
VICTORIA 92-58
LANDINGS
CONDO.
VILLAGE PLACE 82-82; 92-51; 97-
20 Rpld; 00-1
VINCENTIAN 85-27 Rpld.; 91-
88; Res. 98-24;
99-37
VINEYARDS 85-15; 86-63; 87-
44; 90-78; 91-75;
95-62
WALGREEN 98-84 Rpld.; 99-5
WALNUT LAKES 01-70 Rpld.; 03-06
WARREN 76-54
BROTHERS
WATERGLADES 82-51 (Villages at
Emerald Bay)
WATERFORD 91-31
ESTATES
WEST CROWN 87-30; 88-32; 90-
POINTE 59 (Loch Lou ise)
WESTPORT 94-56
COMMERCE
CENTER
WESTVIEW 83-45
PLAZA
<.~"' --.- - ..~..-
WHIPPOORWILL 00-16
LAKES
WHIPPOORWILL 00-17
PINES
WHIPPOORWILL 98-64
WOODS
WHISTLER'S 97-1
COVE
WHITE LAKES 93-1 Rpld.; (Now
INDUSTRIAL White Lake
PARK Corporate Park)
01-59
WIGGINS BAY 82-121
WIGGANS PASS 97-46
ROAD
WIGGINS LAKE 87-94
WILDERNESS Reso. 73-24; 76-
COUNTRY CLUB 17; 77-7; 77-22;
96-43 99-74
WILDWOOD 81-27
ESTATES
WILLOUGHBY 81-67 (Mirage)
GARDENS
WILLOW PARK 98-51
WILSHIRE 90-70; 93-34
LAKES Rpld.; 95-5
WILSON BLVD. 00-72
CENTER
WILSON 92-23; 98-21
PROFESSIONAL (Bailey Executive
CENTER Park)
WINDING 99-93 Rpld.; 02-35
CYPRESS and DO-02-2/Res.
02-203; 02-48
WINDSONG 88-6; 93-74; 98-73
WINDSTARlFISH 80-95; 81-40; 82-
ERMAN'S COVE 54; 93-23
WINTERPARK 83-32; 85-76; 86-
87; 86-88
WINTERPARK 85-77
NORTH
WITTENBURG 96-44 (Victoria
Landings)
WITTENBURG 99-20 Rpld.; 00-7
ESTATES
WOODBRIDGE 85-25 (Now
Monterey)
WOODFIELD 84-11; 88-86; 92-
LAKES 76 Rpld.; 98-33
(Now Falling
Waters Beach
Resort)
WOODLANDS 86-75; 96-64; 99-
27 (Olde Cypress)
WOODSIDE 85-79,88-24
APARTMENTS (Summerwind)
WOODSIDE 88-31
LANES
WORLD TENNIS 82-1,82-75; 87-93
CENTER
WYNDEMERE 75-34; 79-81; 81-
29; 82-120; 84-66;
87-86; 98-66
WYNDHAM PARK 99-9 Rpld.; Now
Indigo Lakes 99-
71
YOUTH HAVEN 81-43; 89-12
ZURICH LAKE 97-34 Rpld.; Now
VILLAS Malibu Lake 99-49
--
_____m.. <--..-..
APPENDIX G
ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
1. Security: Property Owner is responsible for ensuring that adequate
security is provided for each Beach Event.
2. Traffic Safety: Authorization from the Collier County Sheriffs office
may be required for certain Beach Events. Property Owner is responsible for
consulting the Collier County Sheriffs Office to determine whether separate
authorization for a particular event is required.
3. Use of Electrical Apparatus: Need to speak with Building
Department.
4. Signage: Use of signs shall be subject to the provisions of the
Collier County Land Development Code.
5. Noise: All music shall be subject to the terms and conditions of
Property Owner's Music Permit, which permit may be obtained from Collier
County on an annual basis.
6. Restrooms: Existing restroom facilities must be adequate, or
additional portable faculties made available and not located on the beach.
7. Vehicles On Beach: Use of vehicles shall be subject to provision of
the Collier County Land Development Code section 10.02.06 I.
8. Public Access: Beach Events shall be conducted in a manner that
does not interfere with the public's ability to traverse that portion of the beach
owned by the State of Florida.
9. No structures may be set, placed, or stored on, or within ten feet of,
any beach dune.
10. Annual beach events which occur during Sea Turtle Nesting
Season (May 1 st through October 31 st of each year) are also subject to the
following regulations:
A. All required Florida Department of Environmental Protection
(FDEP) Field Permits, shall be obtained and a copy furnished to
Collier County prior to the time of the scheduled event as set forth
in section 5.04.06.
,_0"
B. Consistent with section 10.02.06 I, no structure set up, or beach
raking, or mechanical cleaning activity for any particular Beach
Event shall not commence until after monitoring conducted by
personnel with prior experience and training in nest surveys
procedures and possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit has been completed.
C. Prior to all scheduled beach events, every beach event permit
holder is required to rope off (or otherwise identify with a physical
barrier) an area with no less than a 15-foot radius arou'nd each sea
turtle nest that has been identified and marked on a beach, unless
a greater distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be
permitted under section 10.02.06 I.
E. Consistent with section 10.02.06 I all materials placed on the beach
for the purpose of conducting permitted Beach Events must be: 1)
removed from the beach by no later than 9:30 p.m. the date of the
event; and 2) no structures may be set, placed, or stored on, or
within ten feet of any beach dune, except that materials may remain
in an identified staging area until 10:00 p.m. The location and size
of all staging areas will be as identified in the annual beach events
permit.
F. All lights that are visible from the beach and cast a shadow thereon
shall be turned off by no later than 9:00 p.m. of the date of the
event.
G. Identification of sea turtle nests on the beach may cause the Beach
Event to be relocated from its planned location or to have additional
reasonable limitations placed on the event pursuant to the
recommendation of Collier County staff in order to protect the
identified sea turtle nests in this permit; except that county staff
may relocate a staging area as provided for in standard condition
10.E., as part of its daily sea turtle monitoring.
H. Pole lighting, and any other object or structure designed to
penetrate the beach surface by more than three (3) inches shall be
subject to the approval of the FDEP and Collier County.
I. A copy of all notices required by any permit or these regulations
must also be provided by the permit holder .to Collier County
Natural Resources Department.
Note: When a State permit is more restrictive than the LDC requirements, the
State requirements shall supersede, and the County shall enforce these
requirements.
"-.,.... -_....~-,,~ ... -~.-._- _..,m
APPENDIX H - LDC/UDC COMPARATIVE TABLES
The tables contained in this Appendix provide a detailed cross-reference
between the sections of the LDC in effect prior to the August 30,2004, effective
date, and the LDC sections thereafter in effect on that date. The documents are
broken down into Articles, which was the format of the LDC prior to the August
30,2004, effective date. The LDC has been revised into a Chapter format as of
the August 30th, 2004 date. The contents of this Appendix are as follows:
Article 1 - General Provisions
Article 2 - Zoning
Article 3 - Development Requirements
Article 4 -Impact Fees
Article 5 - Decision-Making and Administrative Bodies
Article 6 - Definitions
ARTICLE 1 - GENERAL PROVISIONS
LDC LDC LDC Sub- UDC UDC Section Other Notes
Division Section section Chapter
1.1 Chapter 1 1.01.00 - Title
1.2. Chapter 1 1.02.00 -
Authority
1.3. Chapter 1 1.05.00 -
Findings,
Purpose and
Intent
1.4. Chapter 1 1.05.00 -
Findings,
Purpose and
Intent
1.5. Chapter 1 1.04.01 -
Generally
1.5.1. Chapter 1 1.04.05 -
Relationship to
GMP
1.5.2. Chapter 1 1.04.03 -
Exceptions
1.5.3. Chapter 1 1.04.02 -
Applicability to...
1.5.4. Chapter 1 1.04.02 -
Applicability to...
1.5.5. Relocated to
Code of Laws
& Ord..
1.5.6. Chapter 1 1.04.01 -
Generally
1.5.7. Relocated to
Code of Laws
& 0 rd..
1.6. Revised in
Supp. 17
COrd. 03-55)
1.6.1. Chapter 1 1.06.01 -
Responsibility
for...
991 .6.2. - 10.02.02 -
1.6.6. Submittal
Requirements
for All
Applications
2
1.6.7. Chapter 1 1.06.02 - Rules
for
Interpretations. . .
1.6.8. Chapter 1 1.06.03 -
Interpretations
Not.. .
1.6.9. Chapter 1 1.06.02 - Rules
, . for
Interpretations.. .
1.6.10. Chapter 1 1.06.40 -
Continuity of
Zoning
1.7. Chapter 9 9.02.00 - This Division
Development is no longer
with Vested legally
Rights- effective and
[Reserved] therefore is
not being
carried
forward, but
the section is
reserved for
future
amendment
1.8. Chapter 9 9.03.00 - ~ 1.8.2. was
Nonconformities revised in
Supp. 16
(Ord. 03-27)
and Supp. 17
(Ord. 03-55)
1.9. Chapter 8 8.08.00 - Code
Enforcement
Board
1.10. Fees This Division
relocated to
the County
Ad min istrative
Code
1.11.-1.17. These
"Reserved"
divisions were
not required
for inclusion
in the UDC
3
.- -
1.18. Chapter 1 1.07.00 - Laws Revised in
Adopted by Supp. 16
Reference (Ord. 03-27)
1.19. Chapter 10 10.02.08 - 11
1.20. & These
1.21. Divisions are
replaced by
Section Five
in the 2004
adopting
Ordinance.
1.22. This Division
is replaced by
Section Four
in the 2004
adopting
Ordinance.
1.23 This Division
is replaced by
Section
Seven in the
2004
adopting
Ordinance.
4
ARTICLE 2- ZONING
LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes
Division Section section
2.1. - 2.1.1. This section
General is not needed
and is not
included in
the UDC.
2.1.2. Chapter 2 2.01.01 -
Purpose
2.1.3. This section
is not needed
and is not
included in
the UDC.
ss. 2.1.4. - Chapter 2 2.02.01 -
2.1.7. Establishment
of Official
Zoning Atlas
ss. 2.1.8. Chapter 2 2.02.01 -
& 2.1.9. Official Zoning
Atlas
ss. 2.1.10. Chapter 1 1.04.01 -
- 2.1.12. Generally
2.1.13. Chapter 1 1.04.04 C
Reduction
2.1.14. Chapter 2 2.02.02 -
District.. .
2.1.15. Chapter 2 2.02.03 -
Prohibited Uses
2.1.16. Chapter 2 2.02.02 -
District. . .
2.1.17. Chapter 1 1.04.02 -
Applicability.. .
2.1.18. Chapter 1 1.04.02. 0....
Div.2.2. 2.2.1. Chapter 2 2.03.05. &
2.04.03 - Table
of Uses
2.2.2. Chapter 2 2.03.05 - Open Revised in
Space Zoning Supp. 16
Districts (Ord. 03-27)
& Supp. 18
(Ord. 04-08)
5
--~..--,._~-- -",-;
2.2.2 ~ Chapter 2 2.03.08 - New zoning
Eastern Landsl district
Rural Fringe
Zoning Districts
ss. 2.2.3. - Chapter 2 2.03.01 - Revised in
2.2.10. Residential Supp. 16
Zoning Districts (Ord. 03-27)
and in Supp.
18 (Ord. 04-
'.. 08)
2.2.11. Chapter 2 2.03.02. F-
TTRVC District
2.2.11.4.13. Chapter 4 4.06.06 -
Special Buffer
Requirements.. .
ss. 2.2.12. Chapter 2 2.03.02 - Revised in
- 2.2.15 ~ Commercial Supp. 18
Zoning Districts (Ord. 04-08)
ss. 2.2.16 Chapter 2 2.03.03 - Sec. 2.2.16.
& 2.2.16 ~ Industrial revised in
Zoning Districts Supp. 17
(Ord. 03-55)
and in Supp.
18 (Ord. 04-
08)
2.2.17. Chapter 2 2.03.05 - Open Revised in
Space Zoning Supp. 18
Districts (Ord.04-08)
ss. 2.2.18. Chapter 2 2.03.04 - Civic Revised in
& 2.2.19. and Institutional Supp. 18
Zoning (Ord.04-08)
Sub-section Chapter 4
2.2.18.4.6. 4.05.05 -
Parking
Variation in
the P District
2.2.20. Chapter 2 2.03.06 - PUD Revised in
Districts Supp 18
(Ord. 04-08)
ss. 2.2.21. Chapter 2 2.03.07 - 9 2.2.27.
- 2.2.29. Overlay Zoning created by
Districts Supp. 16
2.2.27: in (Ord.03-27),
Chapter 4 revised in
4.08.00 Supp. 18
(Ord. 04-08)
6
ss. 2.2.30. NRPA-2.03.08 Revised in
(NRPA) & C; Supp. 18
2.2.31. NBMO - (Ord.04-08)
(NBMO) 2.03.08 0
ss. 2.2.32. Chapter 2 2.03.07 - ~~ 2.2.32.&
- 2.2.35. Overlay.. . 2.2.33.
revised in
Supp. 16
(Ord. 03-27)
~~ 2.2.33. &
2.2.34.
revised in
Supp. 17
(Ord.03-55)
2.2.37. This section
has expired
and is no
longer
needed or
included in
the UDC.
2.2.38. New district Revised in
~ 2.03.07 Supp. 18
(Ord. 04-08)
2.3. 2.3.1. This section is
not needed
and is
therefore not
included in
the UDC.
ss. 2.3.2. Chapter 4 4.05.01 -
& 2.3.3. Generally
ss. 2.3.4. - Chapter 4 4.05.04 - Sec. 2.3.5.
2.3.12. Parking Space revised in
Requirements Supp. 18
(Ord. 04-08)
2.3.13. Chapter 1 1.04.04 C
ss.2.3.14. These were
& 2.3.15. reserved
sections and
are not
included in
the UDC.
7
-_. ^ .<.~-
,,-...'-.- ,,~-
2.3.16. Chapter 4 4.05.09 - Revised in
Stacking Lane Supp. 16
Requirements (Ord. 03-27)
2.3.16.1. Chapter 4 4.05.08 Bicycle
Parking.. .
ss.2.3.17. Chapter 4 4.05.06 - S 2.3.19.
- 2.3.21. Loading Space revised in
'.. Requirements Supp. 16
(Ord. 03-27).
S 2.3.21.
revised in
Supp. 18
(Ord. 04-08)
2.3.22. Chapter 4 4.05.07 -
Handicapped
Parking.. .
ss. 2.3.23. These were
& 2.3.24. reserved
sections and
are not
included in
the UDC.
2.4. 2.4.1. This section is
not needed
and is
therefore not
included in
the UDC.
2.4.2. Chapter 4 4.06.01 -
Generally
2.4.3. Note: ss. Chapter 10 Administrative S 2.4.3.6.
2.4.3.4. - procedures revised in
2.4.3.7. in Chapter. Supp. 16
Chapter 4 (Ord. 03-27)
(4.06.05) S 2.4.3.
revised in
Supp. 17
(Ord. 03-55)
2.4.4. Chapter 4 4.06.05 - S. 2.4.4.
General revised in
Landscape Supp. 17
Requirements (Ord. 03-55)
Sub-section Chapter 4 4.06.01 -
2.4.4.16. Generally
8
2.4.5. Chapter 4 4.06.03 - 9 2.4.5.
Landscaping revised in
Requirements Supp. 17
for Vehicular... (Ord. 03-55)
2.4.6. Ch~pter 4 4.06.05 - 9 2.4.6.5.
General revised in
Landscape Supp. 16
Requirements (Ord.03-27)
99 2.4.6.6. &
2.4.6.7.
revised in
Supp. 17
(Ord. 03-55)
2.4.7. Chapter 4 4.06.01 - 992.4.7.2.,
Generally and 2.4.7.3. &
4.06.02 - Buffer 2.4.7.5.
Requirements revised in
Supp '17 (Ord.
03-55).
992.4.7.2.
and 2.4.7.5.
revised in
Supp. 18
(Ord.04-08)
2.5. 2.5.1. This section is
not needed
and is not
included in
the UDC.
ss. 2.5.2. - Chapter 5 5.06.01 - 9 2.5.5.
2.5.4. Generally revised in
Supp. 17
(Ord. 03-55)
and in Supp.
18 (Ord. 04-
08)
2.5.5 Chapter 5 5.06.04
Permitted
ss. 2.5.6. 92.5.7. Chapter 5 5.06.03 - 99 2.5.6.22. &
& 2.5.7. revised in Prohibit~d 2.5.7.30.
Supp. 17 Signs revised in
(Ord. 03- Supp. 16
55) (Ord. 03-27)
9
~._- .- --.
2.5.8. Chapter 5 5.06.04
ss. 2.5.9. Chapter 9 9.03.00 -
& 2.5.10. Nonconformities
2.5.11. Chapter 9 9.04.00 -
Variances
s 2.5.12. & Chapter 10 10.02.06 -
2.5.13. Submittal
Requirements
for Permits
2.6. 2.6.1. Chapter 4 4.04.01 -
Generally
2.6.2. Chapter 4 4.02.03 -
Specific
Standards.. .
ss. 2.6.3. - Chapter 4 4.02.01 - 9 2.6.4.
2.6.4. Dimensional revised in
Standards for Supp. 16
Principal Uses (Ord. 03-27);
in Base Zoning 9 2.6.3.
Districts revised in
Supp. 18
(Ord. 04-08)
2.6.2.4. Chapter 5 5.03.01 -
Canopv Tents
2.6.4.3. Chapter 9 9.04.00 -
Variances
2.6.4.4. Chapter 4 4.02.01 -
Dimensional St.
ss 2.6.5. & Chapter 4 4.04.01 -
2.6.6. Generallv
2.6.7. 2.6.7.1. Chapter 2 2.01.00 A
2.6.7.2. Chapter 2 2.01.00 B
2.6.7.3. Chapter 2 2.01.00 C
2.6.7.4. Chapter 2 2.03.07 L
2.6.8. Chapter 1 1.04.01 -
Generallv
2.6.9. Chapter 2 2.01.03 -
Essential
Services &
2.04.03 - Table
of Uses
2.6.10. Chapter 5 5.05.01 -
Businesses.. .
2.6.11. Chapter 5 5.03.02 -
Fences & Walls
10
2.6.12. Chapter 2 2.01.00 E
2.6.13. Chapter 2 2.01.02
2.6.14. Chapter 2 2.04.00 -
Permissible,
Accessory,
Chapter 4 4.02.01 -
(CONT'D.) Dimensional
Standards &
Chapter 5 5.03.03 -
Guesthouses
2.6.15. Chapter 5 5.03.04 - Revised in
Dumpsters Supp. 16
(Ord. 03-27)
2.6.16. Chapter 5 5.03.05 -
Caretaker ...
2.6.17. Chapter 2 2.01.00 F
2.6.18. Chapter 2 2.01.00 G
2.6.19. Chapter 10 10.02.06 A
2.6.20. Chapter 5 5.02.00 - Home
Occupations
2.6.21. Chapter 5 5.03.06 - Dock Revised in
Facilities Supp.18 (Ord.
04-08 )
2.6.21.2.7. Chapter 3 3.05.00 -
Vegetation. . .
2.6.22. Chapter 5 5.05.02 -
Marinas
2.6.23. Chapter 2 2.03.01 J
2.6.24. Chapter 5 5.04.02 -
Interim.. .
2.6.25. Chapters 2 2.04.00
and 5 5.05.03
2.6.26. Chapter 5 5.05.04 - Group
Housing
2.6.27. Chapter 4 4.02.02 -
Dimensional
Standards
2.6.28. Chapter 5 5.05.05 -
Automobile. . .
Chapter 9 9.04.07 -
11
'~'''--"''-''''-'''''-'.,-".~.- ' -.-- -..-
2.6.28.4. Specific Reqts.
2.6.29. Chapter 5 5.05.06 -
Private Airports
2.6.30. Chapter 2 2.03.06 &
2.04.00
2.6.31. Relocated to
Code of Laws
& Ord.
2.6.32. Chapter 4 4.02.01 -
Dimensional
Standards
2.6.33. Throughout Temporary Use
Chapter 5 - Process in
see below 10.02.06 G
Sub-section Chapter 5 5.03.05 - Revised in
2.6.33.3. Caretaker... & Supplement
5.04.03 - 16 (Ord. 03-
Temporary 27)
Uses...
Sub-section Chapter 5 5.04.04 - Model
2.6.33.4. Homes.. .
Sub- Chapter 5 5.04.05 -
sections Temporary
2.6.33.6. - Events
2.6.33.9.
Sub-section Chapter 5 5.06.06 - Sign Added in
2.6.33.10. Standards for Supplement
Specific 18 (Ordinance
Situations 04-08)
2.6.34. Chapter 5 5.04.06 -
(see Annual Beach
alsoAppx. Events Permit
G
2.6.35. Chapter 5 5.05.09 - Revised in
Communication Supp. 18
Towers COrd. 04-08)
2.6.36. Chapter 5 5.05.07 -
Townhouse...
2.6.37. Chapter 4 4.01.02 - Revised in
Kitchens in Supp. 18
Dwelling Units (Ord. 04-08)
2.6.39. Chapter 2 2.03.07 - Added in
TORs Overlay Zoning Supp. 18
Districts (Ord. 04-08).
12
2.6.40. Chapter 2 2.05.02 - Added in
Density Density Supp. 18
Blending BlendinQ (Ord. 04-08)
2.7. Portions
revised in
Supp.16 (Ord.
03-27)
2.7.1. '.. This section is
not needed
and is not
included in
the UDC.
2.7.2. Chapter 10 10.02.08 - Revised in
Submittal Supp.17 (Ord.
Requirements.. . 03-55)
2.7.3. Chapter 10 10.02.12 - PUD Revised in
Procedures Supp. 17
(Ord. 03-55)
and ~, 2.7.3.5.
revised in
Supp.' 18
(Ord. 04-08)
2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9.
Conditional Use revised in
Procedures Supplement
18 (Ordinance
04-08 )
2.7.5. Chapter 9 9.04.00 -
Variances
2.7.6. Chapter 10 10.02.06 -
Submittal.. .
2.7.7. Chapter 2 2.06.00 - AHDa Revised in
Supp.17 (Ord.
03-55 )
2.8. Chapter 5 All in Portions of
~ 5.05.08 - Div. 2.8. were
Arch itectu ral carried over
Standards, into Div. 2.4.
EXCEPT by Supp. 17
2.8.3.3.2. 4.06.02 C (Ord. 03-55)
13
'-- ~._,.-
--..,... ""-"'-"."~"'
ARTICLE 3- DEVELOPMENT REQUIREMENTS
LDC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes
Section section
3.1. General 3.1.1. None This section
Overview was not
. required or
included in the
UDC
3.1.2. Fees None This section
was not
required or
included in the
UDC
3.2. 3.2.1. Title None This section
Subdivisions and Citation was not
required or
included in the
UDC
3.2.2. Chapter 4 4.03.01
Pu rpose
3.2.3. Chapter 1 1.04.01 Revised in
Applicability Supp. 18 (Ord.
04-08)
3.2.4. Chapter 1 & 1.04.03 -
Exemptions Exceptions
Chapter 10 10.02.02 B
3.2.4.10. 10.02.02 B 10. 3.2.4.10. was
1.to 4., not required or
Rural Area included in the
Subdivisio UDC
n
3.2.4.11. 10.02.02 B 11. 3.2.4.11. was
1.to 4., not required or
Chokolosk included in the
ee Island UDC
Subdivisio
n
3.2.5. 3.2.5.1. Chapter 1 1.04.01
General
Requirement
s
3.2.5.2. Chapter 1 1.04.01
3.2.5.3. Chapter 4 4.03.02
3.2.5.4. Chapter 10 10.02.06 A.2.
14
3.2.6. Sub- Chapter 10 10.02.05 C Revised in
division Supp. 18 (Orc
review procs 04-08 )
3.2.7. Chapter 10 10.02.04 - Revised/made
Preliminary Submittal optional in
subdivision Requirements Supp. 18 (Ord
plat for Plats 04-08 )
3.2.8. Chapter 4 4.03.02, Revised in
Improvement 4.04.01, Supp. 16 (Ord
Plans 4.06.00 03-27) &
Chapter 6 6.03.00 & Supp. 18
6.04.00 (Ord.04-08)
3.2.8.1. - Chapter 10 10.02.05-
3.2.8.2.
3.2.8.3.1. Chapter 10 10.02.05 -
&
3.2.8.3.2.
3.2.8.3.4. Chapter 4 4.06.01
3.2.8.3.5. Chapter 10 10.02.05
3.2.8.3.6. Chapter 4 4.06.04
3.2.8.3.7. - Chapter 10 10.02.05
3.2.8.3.10.
3.2.8.3.11. Chapter 10 10.02.05
&
3.2.8.3.12.
3.2.8.3.13. Chapter 4 4.06.01
3.2.8.3.14. Chapter 2 2.01.04
3.2.8.3.15. Chapter 10 10.02.05
&
3.2.8.3.16.
3.2.8.3.17. Chapter 6 6.06.02
3.2.8.3.18. Chapter 10 & 10.02.05
E.3(n) and
Chapter 4 4.06.01 C
3.2.8.3.19. Chapter 10 10.02.05 E.3
and 21
3.2.8.3.20 Chapter 6 6.06.03 &
and 22. 6.06.05
3.2.8.3.23. Chapter 6 6.01.00 -
3.2.8.3.24. Chapter 6 6.01.01 A
3.2.8.3.25. Chapter 6 6.04.01
3.2.8.3.26. Chapter 6 6.05.01
15
3.2.8.4. 3.2.8.4.1. - Chapter 6 6.05.02 Relocated into
13., Construction
except Stds. Manual,
3.2.8.4.11. except as
noted.
3.2.8.4.14. Chapter 6 6.06.02 D. NOTE:3.2.8.4.
14. revised in
Supp. 16 (03-
27).
3.2.8.4.15. Chapter 6 6.01.03
3.2.8.4.16.; Construction
Streets Standards
Manual
Revised in
Supp. 17 (03-
55).
3.2.8.4.17. Chapters 6 6.06.03 -
Streetlights &
and 10 10.02.12 A
3.2.8.4.18. Chapter 10 10.02.05
E.3.(r)
3.2.8.4.19. Chapter 6 6.01.01
3.2.8.4.20. None Construction
- Standards
3.2.8.4.22.; Manual
except
3.2.8.4.22, Chapter 10 10.02.05 E.4
paragraph
11
3.2.8.4.23. Chapter 6 6.04.01
3.2.8.4.24. Chapter 6 6.04.02
3.2.8.4.25. Chapter 4 4.06.05 E.3
3.2.8.4.26. Chapter 4 4.06.05 E.4 i
i
3.2.9. Final Chapter 10 10.02.04 Revised in
subdivision Supp. 18 (Ord.
plat 04-08 )
3.3. Chapter 10 Revised in
Site Supps. 16
Development 10.02.03 - (Ords. 03-27),
Plans Submittal Supp. 17 (03-
Requirements 55), and 18
for SOP's (04-08 )
16
3.3.1. This section
not required 01
included in the
UDC
3.4. Relocated to
Explosives Code of Laws,
Ord.; Ch 55, AI
I., ss. 55-1 - 5e
18
3.5. 3.5.1. -15.; Relocated to
Excavation Code of Laws (
Ord.; ss. 22-10
except - 22-119
3.5.11.; Chapter 3 3.05.10 NOTE: Revisec
Littoral Shelf in Supp. 16
Planting (Ord.03-27)
Area and Supp. 18
(Ord. 04-08)
3.6. Relocated to
Well Code of Laws ~
Construction Ord.; ss. 90-1 -
90-8.
3.7. 3.7.1. This section
Soil Erosion was not
Control required or
included in the
UDC
3.7.2. This section
was not
required or
included in the
UDC
3.7.3. Chapter 10 10.02.02
3.8. Environ- Revised in
mental Impact Supp. 18 (Ord.
Statements 04-08)
3.8.1. This section
was not
required or
included in the
UDC
3.8.2. - Chapter 10 10.02.02
3.8.11.
17
^~~._","._."._,,"~.._,----- ,..~~
3.9. Revised in
Vegetation Supp. 18 (Ord.
Removal 04-08)
3.9.1. This section
was not
required or
included in the
UDC
3.9.2. ' Chapter 3 3.05.02
Exemptions
3.9.3. Chapter 3 3.05.02
Exemptions
3.9.4. -3.9.7 Chapter 3 3.05.07 Div. 3.9 Sectior
Preservation numbering was
Standards greatly revised
in Cycle 3, 200:
3.9.5. (prior Chapter 3 3.05.04 - Revised in
to Cycle 3, Vegetation Supp. 16 (Ord.
2003, then removal . . . 03-27)
re-numbered thru 3.05.07
to 3.9.8.
3.9.5.5. 3.05.07
(3.9.4. after
Cycle 3,
2003)
3.9.8. 3.9.8.1. Chapter 3 03.05.04
3.9.8.2. Chapter 3 03.05.05
3.9.8.3. Chapter 3 03.05.06
3.9.8.4. This section
was not
required or
included in the
UDC
3.9.9. Chapter 3 3.05.08 -
Requirement
for Removal. . .
3.9.10. Chapter 10 10.02.06 C -
(3.9.6. prior Submittal
to Cycle 3, Requirements
2003) for Permits
3.9.10.2. Chapter 10 10.02.060
18
3.9.11.; ss. 3.9.12. Chapter 10 10.02.06 E -
numbered & 13, were Submittal
ss. 3.9.6.8. created in Requirements
and 3.9.6.9. Cycle 3 & for Permits
prior to 3rd are in
Cycle, 2003. Ch.10
3.10. 3.10.1. '.. This section
Sea Turtle was not
Protection required or
included in the
UDC
3.10.2. - Chapter 3 3.04.02 -
3.10.5. Species.. .
3.10.6. Chapter 3 3.04.02 B.6
3.10.7. Chapter 3 3.04.02
3.10.8. This section
(reserved) was not
required or
included in the
UDC
3.10.9. Chapter 10 10.02.06. C
3.10.10. This section
was not
required or
included in the
UDC
3.11. Chapter 3 3.04.00 - Revised in
Endangered, Protection of Supp. 18 (Ord.
Threatened Endangered, 04-08)
or... Threatened.. .
3.11.3.2. & Deleted in Cycl
3.11.3.3. 3,2003
3.11.3.4. Chapter 3 3.04.02 -
Species
Specific. ..
3.12. 3.12.1. & These sections
Coastal Zone 3.12.4. were not
Management required or
included in the
UDC
3.12.2. Chapter 3 3.03.01 -
Pu rpose
3.12.3. Chapter 3 3.03.02 -
Applicabilitv
19
,.o~,.,_'" ,-"....^ --'.------."
3.12.5. Chapter 3 3.03.02 -
Applicability
3.12.5.1. Chapter 10 Cross- Revised in
referenced in Supp. 18 (Ord.
3.03.04 04-08 )
3.12.5.2. Chapter 10 Revised in
Supp. 18 (Ord.
04-08 )
3.12.5.3. Chapter 3 3.03.05 - Sea
Level Rise
3.12.5.4. Chapter 3 3.03.06 -
Native
Vegetation. ..
3.12.6. Chapter 3 3.03.07 -
Undeveloped
Coastal
Barriers
3.12.8. Chapter 3 3.03.07 -
Undeveloped
Coastal
Barriers
3.12.7. & These sections
3.12.9. were not
required or
included in the
UDC
3.13. 3.13.1 This section
Coastal was not
Construction required or
Setback included in the
UDC.
3.13.2. - Chapter 9 9.04.06 - Variances and
3.13.7. Specific Administrative
Requirements procedures
for Variance chapter
3.13.8 & Chapter 10 10.02.06 A - 3.13.8. revised
3.13.9 Submittal in Supp. 18
Requirements (Ord. 04-13)
for Permits
3.14. Vehicle Chapter 10 10.02.06 I. Revised in
on the Beach Supp. 16 (Ord.
Regulations 03-27)
20
3.15. Revised in
Adequate Supp. 18 (Ord
Public 04-08 )
Facilities
3.15.1. This section
was not
required or
included in the
UDC
3.15.2. Chapter 6 6.02.01
3.15.3. Chapter 6 6.02.01 0
3.15.4.; This section
reserved was not
included in the
UDC
3.15.5 & Chapter 6 6.02.01 -
3.15.6. Generally &
I 6.02.02 -
Management.
3.15.7. Chapter 10 10.02.07
3.16 3.16.1 3.16.1.1. - These sub-
Groundwater 3.16.1.3. sections were
Protection not required or
included in the
UDC
3.16.1.4. & Chapter 3 3.06.01 -
3.16.1.5. Purpose and
Intent
3.16.2. 3.16.2.1. & Chapter 3 3.06.01 -
3.16.2.1.1. Purpose and
Intent
3.16.2.1.2. Chapter 3 Throughout
Ch.3
3.16.2.1.3. Chapter 3 3.06.04 -
Groundwater
Protection
3.16.2.2. & Chapter 3 3.06.05 -
3.16.2.3. Annual
Review of
Zones
3.16.2.4. Chapter 3 3.06.06 -
3.06.08
21
-~_...-. -_...
3.16.2.5. Chapter 3 3.06.09 -
Protection of
Future
Wellfields
3.16.2.6. Chapter 3 3.06.10 -
Effects of. . .
3.16.3. Chapter 3 3.06.11 -
Exempted
'.. Development
3.16.4. Chapter 3 3.06.12 -
Regulated
Development
3.16.5. Chapter 3 3.06.13 -
Countywide
Groundwater
3.16.6. Chapter 10 10.04.01 (B)-
Determination
of
Completeness
3.16.7. Chapter 10 10.02.06 (F)-
Submittal
Requirements
for Permits
3.16.8. Chapter 10 10.04.08 -
Modifications
to Pending
Applications
3.16.9. Chapter 10 10.02.02 (E) -
Submittal
Requirements
for All...
3.16.10. Chapter 10 10.04.11 -
Public
Hearings
3.16.11. Chapter 3 3.06.09 -
Protection of
F utu re
Wellfields
3.16.12. 3.16.12.1 Chapter 1 1.08.00
3.16.12.2 Chapter 1 1.03.02
3.16.13. - Chapter 10 10.01.04 - Administrative
3.16.17. Deter. of procedures
Completeness chapter
22
3.17. Relocated to
Post-Disaster Code of Laws
Recovery & Ord.; ss. 38-1
Re- . 38-12.
construction
Management
23
~'-""'--""'--"""-
ARTICLE 4 -IMPACT FEES
LDC Division LDC Section LDC Sub- UDC UDC Other Notes
section Chapter Section
4.1.-4.7. These
provisions
are located
in Chapter
74 of the
Code of
Laws &
Ordinances,
and
therefore,
are not
required to
be, and are
not, located
in the UDC.
ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES
LDC Division LDC LDC UDC UDC Other Notes
Section Sub- Chapter Section
section
5.1. Board of County Chapter 8 8.02.00 -
Commissioners BOCC
5.2. Planning Chapter 8 8.03.00 -
Commission CCPC
5.3. Board of Zoning Chapter 8 8.04.00 -
Appeals BZA
5.4. Building Board of Chapter 8 8.05.00 - Revised in
Adjustment and BOAA Supp. 16 (Ord.
Appeals 03-27)
5.5. & 5.6.; 5.8. ; & These Divisions
5.10. - 5.12. were not
Reserved required or
included in the
UDC
5.7. County Manager 5.7.1. This Section
was not
required or
included in the
UDC
5.7.2. 5.7.2.1. This Section
was not
required or
included in the
UDC, except for
5.7.2.1.,
relocated to
, , Sec. 2-78 (a)
(4), of the Code
of Laws & Ords.
5.9. CD&ES Division Chapter 8 8.09.00 -
CD&ES
5.13. Environmental Chapter 8 8.06.00 -
Advisory Council EAC
5.14. Historical! Chapter 8 8.07.00 -
Archaeological HAPB
Preservation Board
ARTICLE 6 - DEFINITIONS
LDC Division LDC LDC Sub- UDC UDC Other Notes
Section section Chapter Section
6.1. Rules of Chapter 1 1.03.00
Construction Rules of
Construction
6.2. Chapter 1 1.08.00. A. Revised in
Abbreviations Supp. 18
(Ord. 04-08)
6.3. Definitions Chapter 1 1.08.00. B. Revised in
all three
Supps. (16,
17, and 18).
25
-,-,'.'.
"", , ~ . \. . '::., ;
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth JUdicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-41
Which was adopted by the Board of County Commissioners
on the 22nd day of June 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of June, 2004.
c-. ~'~~:~~~lrl1
'. ':~~: '~~"..' .~ ~~.:...~ 'l'g-~
. ',," - ..,u~~lt'~~"d-'~
.~ '.~,,;;:.. ,..,. .c '....1"1-...: 'j;' . ~~: . \,
" .J:ot..... '/.' '.... SO:
DWIGHT E. BRot~";-:)':;..~~~,~.~.t-;~.~{~:
".'_. "' 1ll>..J. . '\: . _yo.
Clerk of CO,!lr~lt:~B.~~le~k'". ~\
Ex-officio :j:,oi~a~' of ..JI"~~~'~
County Comrit~~:j.9P~~~;'~~F"_"'~ .: ') ~
~.. ~ '. -' ~ "It,d. "- .
~~.":;-'~'" , '~.J.l;zh'
~ ";:_,~.,:~,.,....,,,.. ....:~.,.. (
." 'J.. . . " t. .D:)a.
". ~ ...~,. q "':\,l" .
.....: '//:-.. ~i,Jo'..\\,'
" "U:UUI~.\,t
By: Ann J neJo
Deputy Clerk
-., '--_.-
--...- . ..... ---