Ordinance 2018-18 ORDINANCE NO. 18 - 18
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE -
GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION
2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07
OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE
ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION,
INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;
CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03
SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY
BUILDINGS AND STRUCTURES, SECTION 4.02.04 STANDARDS FOR
CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.06 STANDARDS
FOR DEVELOPMENT IN AIRPORT ZONES, SECTION 4.02.14 DESIGN
STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST
DISTRICTS, SECTION 4.03.04 LOT LINE ADJUSTMENT AND LOT
SPLIT; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN;
CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR
MINOR AFTER-THE-FACT ENCROACHMENT; CHAPTER TEN -
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED,
SECTION 10.02.09 REQUIREMENTS FOR TEXT AMENDMENTS TO
THE LDC; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE
COLLIER COUNTY OFFICIAL ZONING ATLAS, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ZONING MAP NUMBERS 522930,
2033N, 2033S, 2034N, 2034S TO REMOVE THE ACSC DESIGNATION
FOR CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN;
SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SEVEN, EFFECTIVE DATE.
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Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2018; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on April 10, 2018 and April 24, 2018, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
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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 Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 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.
4. Section 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 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. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 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.
8. Pursuant to § 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
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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.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area 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; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * * * *
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SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
Nonconforming lot of record: When two or more adjacent legal nonconforming lots of record are
conforming lots into one legal description, neither or both of these actions will prohibit the owner
for tax-purposes, or severing the parcels into their former legal descriptions as legal non
was recognized as legal nonconforming. Prior to any two or more adjacent, legal non
• _ . --- _ . e _ e . - -e_-. Any lawful lot or parcel which was recorded, or for which
an agreement for deed was executed prior to October 14, 1974, and which lot or parcel does
not meet the minimum width or lot area requirements as a result of the passage of this Code
shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a
building permit provided all the other requirements of this Code and the Florida Statues are met.
This definition also includes any lot or parcel made nonconforming by a rezoninq initiated by
Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990).
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
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* * * * * * * * * * * * *
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. The
maximum density permissible or permitted in the C-3 district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Amusement and recreation services, indoor (7999 martial arts,
yoga and gymnastics instruction, gymnastic schools, and
recreation involving physical fitness exercise only).
4. 5. Animal specialty services, except veterinary (0752, excluding
outside kenneling).
5- 6. Apparel and accessory stores (5611-5699) with 5,000 square
feet or less of gross floor area in the principal structure.
Note:ALL REMAINING SUBSECTIONS TO BE RENUMBERED ACCORDINGLY
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* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the commercial intermediate district (C-3), subject to the standards and
procedures established in sections 4.02.02 and 10.08.00.
1. Amusements and recreation services, outdoor (7999 boat rental,
miniature golf course, bicycle, and moped rental, rental of beach
chairs and accessories only).
* * * * * * * * * * * * *
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 locational 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 in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Advertising — miscellaneous (7319).
5. Agricultural services (0783).
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6. Amusement and recreation services, indoor (7999).
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 — 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.
1. The following uses, as identified within the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as
a right, or as accessory or conditional uses within the industrial district (I).
a. Permitted uses.
* * * * * * * * * * * * *
39. Physical fitness facilities,- (7911 except Discotheques, 7991, 7999
- limited to baseball instruction, basketball instruction, gymnastics
instruction, judo instruction, karate instruction, and martial arts
instruction, yoga instruction, gymnastic schools, and recreation
involving physical fitness exercise only).
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban 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
Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * * *
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District
may request deviations from specific dimensional requirements as described in
this section. A deviation request may be reviewed administratively or by the
Planning Commission depending upon its scope. This section addresses the
permissible deviations, limitations thereon, and the review process.
* * * * * * * * * * * * *
e. Applicability - List of Development Standards Eligible for Deviation
Requests. Property owners shall be eligible to seek a deviation from the
dimensional requirements of the following Code provisions, unless
otherwise noted.
* * * * * * * * * * * * *
vii. 4.02.03 A-Specific Standards for Location of Accessory Buildings
and Structures, Dimensional Standards (Tables 3 and 1I), except
that in the case of new development on commercial parcels, no
deviation shall be granted from the required 50-foot building
setback when abutting residentially zoned properties, or from the
minimum 10-foot wide landscaped strip between the abutting road
right-of-way and the off-street parking area. Deviations from these
requirements may be considered in the case of redevelopment
where existing structures and/or encroachments are proposed to
remain.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE
ZONING DISTRICTS
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Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU District).
1. Purpose and scope. The purpose and intent of the RFMU Ddistrict 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 Ddistrict 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
Ddistrict 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 deemed necessary to serve the residents of the
RFMU Ddistrict. The innovative planning and development techniques which are
required and/or encouraged within the RFMU Ddistrict 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
Rural Fringe Mixed Use District (RFMUM designation in the Future Land
Use Element (FLUE) of the GMP, the RFMU District shall be designated
as "RFMUO" on the Official Zoning Atlas and is hereby established. The
RFMU District replaces the underlying zoning district where that
underlying zoning district is A, Rural Agricultural, except where
development standards are omitted in the RFMU District. The County-
wide Future Land Use Map is located in the Future Land Use Element of
the GMP or can be obtained at the Community Development Building
from the Growth Management Department, located at 2800 N. Horseshoe
Drive, Naples, FL 34104. The lands included in the RFMU District and to
which this LDC section 2.03.08 apply are depicted by the following map:
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b. Exemptions. The requirements, limitations and allowances of this section
shall not apply to, affect or limit the continuation of existing uses. Existing
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uses shall include: those uses for which all required permits were issued
prior to June 19, 2002i , and or projects for which a Conditional use of
Rezone petition has been approved by the County prior to June 19, 2002i
or, projects for which a Rezone petition has been approved by the
County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural
Agricultural; or, land use petitions for which a completed application has
been submitted prior to June 19, 2002. The continuation of existing uses
shall include on-site expansions of those uses if such expansions are
consistent with or clearly ancillary to the existing uses. Hereafter, such
previously approved developments shall be deemed to be consistent
with the Plan's Goals, Objectives and Policies and for the RFMUD
(Asir-lot, 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 Plan's Goals, Policies and Objectives for the
RFMUD district as long as they do not result in an increase in
development density or intensity.
C. North Belle Meade Overlay District (NBMO).
* * * * * * * * * * * * *
5. Additional specific area provisions.
a. Receiving lands.
* * * * * * * * * * * * *
(4) NBMO rural village. A NBMO rural village shall adhere to the
provisions for rural village set forth in LDC section 2.03.08 A.2.b.
(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.
The minimum required density shall be achieved
through TDR credits, TDR Bonus Credits, and
Rural Village Bonus credits, as provided in LDC
section 2.03.08 A.2.b.(3)(c) (C).
* * * * * * * * * * * * *
b. Neutral lands. Neutral lands shall be governed by the standards set forth
in LDC section 2.03.08 A.3. A . .-. . . - In
addition to standards in LDC section 2.03.08 A.3., neutral lands located in
Section 24, Township 49 South, Range 26 East, shall be governed by the
North Belle Meade Overlay in the Future Land Use Element of the GMP.
Where there is a conflict between provisions, the GMP overlay provisions
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shall apply. - •-•-•••_ . e .o. _ _ • - . -e- - - - - -
preserved.
SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.07 PRESERVATION
STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
* * * * * * * * * * * * *
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 LDC section 3.05.07 A (above). Further, for the
portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee
Urban Designated Area, native vegetation shall be preserved on site through the
application of the Neutral Lands standards established in LDC section 3.05.07 C.2
(below).
* * * * * * * * * * * * *
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.
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 LDC section 2.03.08 D-C.5.b.
SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL
STANDARDS FOR PRINCIPAL USES IN BASE ZONING
DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
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4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
* * * * * * * * * * * * *
D. Exemptions and exclusions from design standards.
* * * * * * * * * * * * *
13. Permanent emergency generators may be placed within the rear yard of any
_ __ . ***•••• _ _ •• _ • - _•• - _- -, . _ _ _ with a 10-foot
rear yard setback;. Permanent emergency generators may encroach into side
yards up to 36 inches. and within side yards subject to a maximum
-- e__•••-• • - •- - e__ e __ -_•- . Generators are not permitted to
encroach into required front yards. Above-ground fuel tanks for the generators
are subject to the same setbacks; however, underground tanks are not subject to
setback requirements. In order to reduce noise during required routine exercising
of the generators, this exercising is restricted to operating the generator for no
more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall
not exceed sound level limits for Manufacturing and Industrial uses as set forth in
Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency
generators must be equipped with sound attenuating housing to reduce noise.
SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS
FOR LOCATION OF ACCESSORY BUILDINGS AND
STRUCTURES
Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the term
"accessory structure" shall include detached and attached accessory use structures or
buildings notwithstanding the attachment of such structure or building containing the
accessory use to the principal use structure or building. Accessory buildings and
structures must be constructed simultaneously with or following the construction of the
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}
principal structure and shall conform with the following setbacks and building
separations.
Table 3. Dimensional Stand- e e • --- e _-• - - - •* - -- - - e -• A. - -- •
-
Lots And k - -e -e- - - e.•••* .. .- e -• - Ae. •-- - - • . .e
Estates
-
Estates (E)**.
Structure to
Front Rear Side Structurc
(If Detached)
Parking garage or carport, single family SPS 10 feet SPS 10 feet
One-story parking structures and/or carports SPS 35 feet SPS 10 feet
Multistory parking structures SPS 35 feet SPS 1/1*
¢ Swimming pool and/or screen enclosure SSS 10 feet SPS N
(one and two family)
•
Swimming pool (multi family and SPS 20 feet 15 feet N
commercial)
6 Tennis courts (private) (one and two family) SPS 15 feet SPS 10 feet
7- ---. _e_- ••• • .... . , _ -e -0••••- _ - SPS 20 feet 15 feet 20 feet
. Utility buildings SPS 10 feet SPS 10 feet
s3 - - --, -- e---- - -- SPS 10 feet SPS 10 feet
10. Attached screen porch SPS 10 feet SPS N/A
11. Unlisted accessory SPS S-P-S SPS 10 feet
12. Satellite dish antenna NP 15 feet SPS 10 feet
13. Permanent emergency generators NP 10 feet See Sec. NJA
4.02.01 D.13
N - None.
N/A - Not applicable.
a - -
* - 1 foot of accessory height - 1 foot building separation.
** - All acce.sory structures in Rural Agricultural and Estates zoning districts must meet principal
-. A e. _
- ' • * . • _ ** 2
Setbacks
Structure to
Front Rear Side structure
{If Detached)
-1-: Parking garage or carport, single family SPS SPS SPS 10 feet
One-story parking structures SPS SPS SP-S 10 feet
Multistory parking structures SPS SPS SPS 1/1
Swimming pool and/or screen enclosure SPS 10 feet a SPS N
{one and two family)
5. Swimming pool (multi family and SPS 20 feet 15 feet N
commercial)
Tennis courts (private) (one and two SSS 15 feet SPS 10 feet
family)
Page 16 of 31
Words struck-through are deleted,words underlined are added
7 Tennis courts (multi family and commercial) SSS 35 feet_ SFS 20 feet
8 Boathouses and boat shelters (private} SPS N/A 7.5 feet or 15 10 feet
feet
See subsection 5.03.06F.
Utility buildings SFS SFS 10 feet 10 feet
10. _ _ -- _. _-__- _ -_ SFS 10 feet S-PS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SSS
feet
12. Attached screen porch SFS 10 feet 4 SFS SFS
13. Unlisted accessory SP-S SFS SSS 10 feet
14. Docks, decks and mooring pilings N/AI /A 7.5 feet or 15 N/A
feet
15. Boat slips and ramps (private) NIA N/A 7.5 feet NIA
16. Satellite dish antennas NP 15 feet SPS 10 feet
17. Permanent emergency generators See Sec.
NP 10 feet ,l 02.01 D.13 NSA
18.Golf clubhouse and maintenance buildings a feet 50 feet 50 feet N/A
N - None.
N/A - Not applicable.
allowed in rear of building only.
SPS - Calculated same as principal structure.
structure setbacks.
1-1 foot of accessory height - 1 foot of building separation.
2-In those cases where the coastal construction control line is involved, the coastal
construction control line will apply.
3-20 feet where swimming pool decks exceed 4-feet in height above top of seawall or top of
above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of
ten feet.
¢20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of
ten feet.
inclusive of separately platted buffer tracts.
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 (i.e., 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
Page 17 of 31
Words struck through are deleted, words underlined are added
exceeded. Nothing 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.
C. All accessory structures in Rural Agricultural (LA) and Estates (E) zoning districts must
meet principal structure setbacks. For accessory structures related to the keeping of
animals and livestock in these districts, see LDC section 4.02.07.
D. Table of dimensional standards for accessory buildings and structures in zoning districts
other than Rural Agricultural (A) and Estates (E):
Setbacks
Structure to
Location Accessory Building/Structure Front Rear Side Structure
Lf
Detached)
Attached porch SPS 10 feet SPS N/A
Carports (commercial, SPS SPS SPS 10 feet
industrial, and multi-family)'
Carports (one- and two-family) SPS 10 feet SPS 10 feet
Chickee, barbecue areas SPS 10 feet SPS 10 feet
1/12 with a
One-story and multi-story SPS SPS SPS minimum of
parking structures _ 10 feet
Parking garage (one- and two- SPS 10 feet SPS 10 feet
family)
Not
Permanent emergency permitted 10 feet SPS N/A
Non- generators' in front of —
Waterfront building
Lots and Not
Non-Golf Satellite dish antennas permitted 15 feet SPS 10 feet
Course in front of
Lots building
Swimming pool and/or screen
enclosure (one- and two- SPS 10 feet SPS None
family)
Swimming pool (multi-family SPS 20 feet 15 feet None
and commercial)
Tennis courts (one- and two- SPS 15 feet SPS 10 feet
family)
Tennis courts (multi-family, SPS 20 feet 15 feet 20 feet
and commercial)
Trellises, arbors, and similar
structures that do not exceed None None None None
the maximum fence height in
LDC section 5.03.02
Page 18 of 31
Words struck through are deleted,words underlined are added
Trellises, arbors, and similar
structures that exceed the SPS 10 feet SPS None
maximum fence height in LDC
section 5.03.02
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS 10 feet SPS 10 feet
Attached porch where floor or
deck of porch are:
• In Isles of Capri: Seven
feet in height or less above
the top of seawall with a
maximum of four feet of SPS 10 feet SPS SPS
stem wall exposure
• In all other areas: Four feet
in height or less above top
of seawall or top of bank
Attached porch where floor or
deck of porch are:
• In Isles of Capri: More than
seven feet in height above
the top of seawall or with
more than four feet of stem SPS 20 feet SPS SPS
wall exposure
Waterfront
• In all other areas: More
Lots and than four feet in height
Golf above top of seawall or top
Course of bank
Lots' Boat slips and ramps (private) N/A N/A 7.5 feet N/A
See LDC
Boathouses and boat shelters SPS N/A sections 10 feet
(private) — 5.03.06
E and F
Carports (commercial, SPS SPS SPS 10 feet
industrial, and multi-family)'
Carports (one- and two- family) SPS SPS SPS 10 feet
Chickee, barbecue areas SPS 10 feet SPS 10 feet
See LDC
sections
Davits, hoists, and lifts N/A N/A 5.03.06 None
E and F
See LDC
Docks, decks, and mooring N/A N/A sections N/A
pilings — — 5.03.06 —
E and F
Golf clubhouse and 50 feet 50 feet 50 feet N/A
maintenance buildings4 —
Page 19 of 31
Words struck through are deleted,words underlined are added
One-story and multi-story 1/12 with a
parking structures SPS SPS SPS minimum of
10 feet
Parking garage (one- and two- SPS SPS SPS 10 feet
family)
Not
Permanent emergency permitted 10 feet SPS N/A
generators' in front of
building
Not
Satellite dish antennas permitted 15 feet SPS 10 feet
in front of
building
Swimming pool and/or screen
enclosure (one- and two-
family) where swimming pool
decks are:
• In Isles of Capri: Seven feet
in height or less above the
top of seawall with a SPS 10 feet SPS None
maximum of four feet of
stem wall exposure
• In all other areas: Four feet
in height or less above top
of seawall or top of bank
Swimming pool and/or screen
enclosure (one- and two-
family) where swimming pool
decks are:
• In Isles of Capri: More than
seven feet in height above
the top of seawall or with SPS 20 feet SPS None
more than four feet of stem
wall exposure
• In all other areas: More
than four feet in height
above top of seawall or top
of bank
Swimming pool (multi-family SPS 20 feet 15 feet None
and commercial)
Tennis courts (private) (one- SPS 15 feet SPS 10 feet
and two-family
Tennis courts (multi-family and SPS 35 feet SPS 20 feet
commercial)
Trellises, arbors, and similar
structures that do not exceed None None None None
the maximum fence height in
LDC section 5.03.02
Page 20 of 31
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431811116 .04011111M -
Trellises, arbors, and similar
structures that exceed the SPS 10 feet SPS None
maximum fence height in LDC
section 5.03.02
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS SPS 10 feet 10 feet
Notes:
SPS = Calculated same as principal structure for the zoning district.
1 See LDC section 4.02.01 D for exemptions and exclusions from required yards.
2 1 foot of accessory height = 1 foot of building separation.
3 In those cases where the coastal construction control line is involved, the coastal construction
control line will apply.
4 The setback shall apply to external boundaries of the golf course district, and shall be
inclusive of separately platted buffer tracts.
SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR
CLUSTER RESIDENTIAL DESIGN
Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.04 Standards for Cluster Residential Design
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
2. The following site design and dimensional standards shall apply to cluster
development:
Table 5-3. Table of Design Standards for Cluster Development.
* * * * * * * * * * * * *
Page 21 of 31
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SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR
DEVELOPMENT IN AIRPORT ZONES
Section 4.02.06 Standards for Development in Airport Zones, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
4.02.06 Standards for Development in Airport Zones
* * * * * * * * * * * * *
D. The width of each primary surface is as follows:
Table 6-4. Primary Surface Width
* * * * * * * * * * * * *
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 lines tangent to those arcs. The radius of each arc is
as follows:
Table 7-5. Horizontal Zone Radius
* * * * * * * * * * * * *
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 8-6. Approach Zone Width (feet)
* * * * * * * * * * * * *
2. Approach zone lengths. The approach zone extends for the applicable
horizontal distance as follows:
Table 9-7. Approach Zone Length (feet).
* * * * * * * * * * * * *
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:
Page 22 of 31
Words struck through are deleted, words underlined are added
Table 1-0-8. Approach Zone Height.
* * * * * * * * * * * * *
SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.14 DESIGN STANDARDS
FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS
Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.14 Design Standards for Development in the ST and ACSC-ST Districts
A. All development orders issued within the Big Cypress Area of Critical State Concern
Special Treatment Overlay (ACSC-ST) shall comply with the Florida Administrative
Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical
State Concern, except as provided by Agreement pursuant to Chapter 380.032(3), F.S.
* * * * * * * * * * * * *
C. Site alteration within the ACSC-ST.
* * * * * * * * * * * * *
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 accomplished with
preexisting species except that undesirable exotic species shall not be
replanted or propagated. Undesirable Eexotic species included are those
enumerated in LDC section 3.05.08 of this code and the following:-
a. Bishopwood (Bischofia iavanica);
b. Castor bean (Ricinus communis);
c. Common papaya (Carica papaya);
d. Common snakeplant (Sanseviera trifasciata);
e. Day jessamine (Cestrum diurnum);
f. Hunters robe (Raphidophora aurea);
q. Queensland umbrella tree (Schefflera actinophylla);
h. Trailing wedelia (Wedelia trilobata).
Page 23 of 31
Words struck through are deleted, words underlined are added
4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise
altered. Plants specifically protected by this regulation include: all wetland
plants listed by the Florida DEP in the Florida Administrative Code.
a. Red mangrove (Rhizophora mangle);
b. Black mangrove (Avicennia nitida);
c. White mangrove (Laquncularia racemosa);
d. Needlerush (Juncus roemerianus);
e. Salt cordgrasses (Spartina alterniflora, S. patens, S. cynosuroides, S.
spartinae);
f. Seashore saltqrass (Distichlis spicata).
* * * * * * * * * * * * *
SUBSECTION 3.L. AMENDMENTS TO SECTION 4.03.04 LOT LINE ADJUSTMENT
AND LOT SPLIT
Section 4.03.04 Lot Line Adjustment and Lot Split, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.03.04 Lot Line Adjustment and Lot Split
A. Generally. Only lot line adjustments or lot split requests meeting the applicable land
development regulations, including the minimum lot area and lot dimensions for the
existing zoning district, may be approved. The approval does not become effective until
the lot line adjustment or lot split is recorded with the Clerk of Courts in the Official
Records of Collier County, Florida.
A B. Lot Line Adjustment. 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. The
Administrative Code shall establi-sh the procedures and submittal requirements for
obtaining a lot line adjustment. The lot line adjustment shall be recorded with the Clerk of
Courts within 12 months of approval by the County Manager or designee, and a copy of
the recorded document shall be provided to the Growth Management Department.
1. 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
Page 24 of 31
Words struck through are deleted, words underlined are added
2. Both landowners whose lot lines are being adjusted provide written consent to
the lot line adjustment; and
3. 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
nonconformity of the lot; and
4. 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.
B C. Lot Split. All lots must have frontage on a public or private right-of-way, with the
exception of-1- one division of a single platted lot or otherwise established lot of record in
the Rural Agricultural or Estates zoning district into 2 two lots. Any such lot split may
utilize an access easement to satisfy access, and frontage requirements for the lot which
would not otherwise have street frontage.
1. The width of such access easement may not be less than 12 feet and may be
required to be wider at the discretion of Collier County staff, to accommodate
safe access and turning movements, stormwater drainage pipes and the like.
Access easement standards for Golden Gate Estates lot divisions shall be per
LDC section 4.03.06.
2. The number of access points to a public right-of-way shall not be increased as a
result of the lot split if, in the opinion of the county staff, safe and sufficient
access may be accomplished with fewer access points than existed prior to the
proposed lot split.
3. The access easement will create a front yard for setback purposes for all lots
abutting the access easement. In cases where access is presently provided by
an access easement to existing lots of record in any zoning district which are not
part of a recorded or unrecorded subdivision, this easement will serve to satisfy
access and frontage requirements for those lots, and yards abutting the
easement will be considered front yards for setback purposes.
4. The further split or division of a lot, parcel, or any lot of record into 2
two proposed parcels must be reviewed and approved by the County prior to any
subsequent development orders or development permits issued or approved.
Page 25 of 31
Words struckgh are deleted, words underlined are added
Evidence of the County approved lot split shall be provided to the Property
Appraiser or Clerk of Courts for their consideration and record-keeping. The lot
split shall be recorded with the Clerk of Courts within 12 months of approval by
the County Manager or designee, and a copy of the recorded document shall be
provided to the Growth Management Department.
a. The Administrative Code shall establish the procedures and submittal
requirements for obtaining a lot split.
b. Appropriate access to the resulting parcels from the public road network
shall be demonstrated, and where necessary, may require appropriate
easements for joint or cross access to be recorded before an approved lot
split becomes effective.
c. Only lot split requests meeting the applicable land development
regulations, specifically including the minimum lot area and lot
dimensions for the existing zoning district, may be approved, but do not
become effective until evidence of the County approved lot split is also
- A - - •-•
consideration
-
consideration and record keeping, as may be applicable.
D. The Administrative Code shall establish the application process and submittal
requirements to obtain a lot line adjustment or lot split.
X X X X X * * X * * X X X
SUBSECTION 3.M. AMENDMENTS TO SECTION 6.01.05 SOIL EROSION AND
SEDIMENT CONTROL PLAN
Section 6.01.05 Soil Erosion and Sediment Control Plan, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
6.01.05 Soil Erosion and Sediment Control Ran
A. Soil Erosion and Sediment Control Plan. For new and existing development and
construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04
and 10.02.05, a 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 policy 5.4.1 of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan.
Page 26 of 31
Words struck through are deleted, words underlined are added
1. Application. The Administrative Code shall establish the procedure and submittal
requirements for a Soil Erosion and Sediment Control Plan.
B. Developments not requiring a Soil Erosion and Sediment Control Plan shall implement
and maintain best management practices in accordance with the Florida Stormwater
Erosion and Sedimentation Control Manual for sediment and soil erosion control, to
prevent the transport of sediment and pollutants off site.
1. All sediment and soil erosion control devices shall be installed prior to the
commencement of construction for demolition, renovation, alteration,
construction, stockpiling of fill, lot clearing or grading.
2. During construction activities, the applicant shall remove any pollutant, silt,
debris, or dirt resulting from the construction activities that accumulates off site or
within any stormwater management system, including but not limited to swales,
lakes, ponds, canals, and waterways.
3. Debris generated on site, including but not limited to building materials, concrete
truck wash-out, litter, and sanitary waste shall be stored, secured, or otherwise
controlled on site.
* * * * * * * * * * * * *
SUBSECTION 3.N. AMENDMENTS TO SECTION 9.04.04 SPECIFIC REQUIREMENTS
FOR MINOR AFTER-THE-FACT ENCROACHMENT
Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
Minor after-the-fact yard encroachments for structures, including principal and accessory
structures, may be approved administratively by the County Manager or designee. Exceptions
to required yards as provided for within LDC section 4.02.01..-_D shall not be used in the
calculations of existing yard encroachments.
* * * * * * * * * * * * *
B. For both residential and non-residential structures, the County Manager or designee
may administratively approve minor after-the-fact yard encroachments of up to ten {10)
percent of the required yard with a maximum of two {2) feet when a building permit and
Page 27 of 31
Words struck through are deleted,words underlined are added
certificate of occupancy has been granted. The encroachment applies to the yard
requirement in effect as of the date the building permit was issued.
1. Exception. Residential structures shall be deemed compliant with the applicable
development standards and no variance shall be required when the following
additional conditions apply:
a. The building permit and certificate of occupancy were approved in
compliance with the required setbacks in effect at that time;
b. The encroachment does not exceed three inches into the required yard;
c. The only portion of the structure encroaching into the required yard is the
exterior wall treatment; and
d. The required structure to structure separation, as identified in LDC
section 4.02.02, is satisfied.
SUBSECTION 3.0. AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT
ORDERS REQUIRED
Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.01.02 Development Orders Required
* * * * * * * * * * * * *
B. Early Work Authorization (EWA). An EWA permit allows for limited development
activities before a development order is issued provided all underlying zoning approvals
are in place. The Administrative Code shall establish the submittal requirements to
obtain an EWA permit.
* * * * * * * * * * * *
2. The County may issue an EWA permit for the allowed activities, subject to
demonstrated compliance with the following criteria, as applicable:
a. The proposed vegetation removal complies with LDC section 3.05.05 0;
b. County right-of-way permit has been approved;
c. A determination of native vegetation to be retained for landscaping which
would comply with LDC section 4.06.00;
d. An excavation permit has been approved;
Page 28 of 31
Words stfuek—thr-ough are deleted,words underlined are added
e. A Soil Erosion and Sediment Control Plan demonstrating compliance with
the provisions of LDC section 6.01.05;
f. Copies of all approved Agency permits being submitted, including, but not
limited to: SFWMD, ACOE, USFWS, and FFWCC;
g. Determination of legal sufficiency of the EWA permit by the County
Attorney's Office;
#g. A vegetation bond in the form of a performance bond, letter of credit, or
cash bond and in the amount of $2,000.00 per acre is posted for
stabilization with vegetation in accordance with LDC section 4.06.04 A.3;
i h. Assurance that all underlying zoning approvals are in place (e.g. PUD,
C.U., etc.);
} i_ The EWA permit is valid for 60 days with the possibility of two 60-day
extensions dependent on the reason for the inability to gain proper
approvals. After that time, cleared areas must be graded off and hydro-
seeded. Where more time is needed, a new EWA may be requested;
k I. All preliminary construction activities are at the risk of the developer.
SUBSECTION 3.P. AMENDMENTS TO SECTION 10.02.09 REQUIREMENTS FOR
TEXT AMENDMENTS TO THE LDC
Section 10.02.09 Requirements for Text Amendments to the LDC, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.09 Requirements for Text Amendments to the LDC
A. Text Amendments to the LDC.
1. Amendments to the LDC may be made no more than twice during the calendar
County Commi.sioners, by at least a super majority vote, directs that additional
amendments be made for specific purposes.
2 1. The LDC may only be amended in such a way as to preserve the consistency of
the LDC with the Growth Management Plan.
3 2. The Administrative Code shall establish the submittal requirements for LDC
amendments.
Page 29 of 31
Words struck through are deleted, words underlined are added
* X X * * * X X * X * X X
SECTION FOUR: ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING
ATLAS
The amended Zoning Map Numbers 522930, 2033N, 2033S, 2034N, 2034S attached as
Exhibit A are hereby adopted.
SECTION FIVE: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 30 of 3 l
Words struck through are deleted,words underlined are added
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24th day of April, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIE' O. NTY, FLO'
I �A.
By: � V `. ► a By:. A i
Attest as to Chairman'b'
p �,° ANDY SOLIS, Chairman
signature only.
Approved as to form and legality:
,r,_ lir
Scott A. Stone
Assistant County Attorney
04-CMD-01077/1776 (3/19/18)
This ordinance filed with the
Secretary of Stt:te;� Office the
A
e2(0vday of '-----, — ,
and acknowledgement of that
film received this day
of —IP/ef .
By I _L._Al.,11
0:i'Ci•rk •'
Page 31 of 31 IP
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-18, which was filed in this office on April 26, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us