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CHAPTER 1 GENERAL PROVISIONS
1.01.00 - TITLE
This Code shall be known as the "Collier County Land Development Code" and may be cited and referred
to herein as the "LDC." Citation to provisions contained in this LDC shall be referenced as "Section ____________
."
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
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.
The rules of construction and de nitions 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 speci c rules of construction. If any law, code or
rule, now or hereafter, adopted herein by reference has speci c rules of construction, those
rules of construction shall supersede the rules of construction contained in this Chapter to the
extent of any inconsistency or con ict with this Chapter.
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 speci cally provided, shall have the meanings
prescribed by the statutes of this State for the same terms.
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 e ect 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 e ect in Collier County, Florida, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
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In all circumstances, the provisions of these regulations shall be interpreted and construed to
be consistent with the GMP. Where any provision(s) of these regulations are determined to be
in con ict with the GMP, the GMP shall control.
1.03.02 - Meaning of Text and Graphics
The term "written" or "in writing" shall be construed to include any representation of words,
letters, or gures whether by printing or other form or method of writing.
In case of any di erence of meaning or implication between the text of this LDC and any gure,
the text shall control.
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
Words importing the masculine gender shall be construed to include the feminine and neuter.
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.
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.
Words used in the past or present tense include the future as well as the past or present.
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," "or," "either . . . or,"
the conjunction shall be interpreted as follows:
"And" indicates that all the connected terms, conditions, provisions or events shall apply.
"Or" indicates that the connected items, conditions, provisions or events may apply
singularly and in any combination.
"Either . . . or" indicates that the connected items, conditions, provisions or events shall
apply singularly, but not in combination.
1.03.03 - Determination of Time
The time within which an act is to be done shall be computed by excluding the rst and
including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be
excluded.
The word "day" shall mean a calendar day.
The word month shall mean 30 calendar days, unless a calendar month is indicated.
The word "week" shall be construed to mean 7 calendar days.
The word "year" shall mean 365 calendar days, unless a scal year is indicated, or unless a
calendar year is indicated.
1.03.04 - Delegation of Authority
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The authority and responsibility for implementation of the provisions of this LDC are assigned to the
County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC 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
The provisions of this LDC shall apply to all land, property and development in the total
unincorporated area of Collier County except as expressly and speci cally provided otherwise
in this LDC. No development shall be undertaken without prior authorization pursuant to this
LDC.
Speci cally, 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.
The regulations established in this LDC 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 speci c provision is made in this LDC.
This LDC 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
LDC and any applicable provisions of the Collier County Growth Management Plan (GMP).
1.04.02 - Applicability to Previously Established Time Limits
Any time limits on any development orders approved prior to the adoption of this LDC shall
continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC.
This subsection shall not apply to nal subdivision plats approved prior to February 17, 1976.
Any time limits on any nonconforming signs shall continue to run and shall not be enlarged,
expanded or stayed by the adoption of this LDC.
1.04.03 - Exceptions
Previously issued building permits. The provisions of this LDC and any amendments hereto
shall not a ect the validity of any lawfully issued and e ective building permit issued prior to
the e ective date of this LDC if:
The development activity authorized by the permit has commenced prior to the e ective
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date of this LDC or any amendment hereto, or will commence after the e ective date of
this LDC but prior to the permit's expiration or termination; and
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 LDC or any amendment hereto.
Certain previously approved development orders . The provisions of this LDC shall not a ect
the types, densities and intensities of land uses or the yard or landscape bu er width
requirements of any (1) nal subdivision plat and nal improvement plan, (2) nal site
development plan, or (3) phased site development plan that has been approved for at least one
nal site development plan, provided each such development order was lawfully issued prior
to the e ective date of this LDC and remains e ective according to the time limits and
provisions established by this LDC.
1.04.04 - Reserved
Editor's note— Ord. No. 08-63, § 3.A, adopted October 30, 2008, repealed § 1.04.04, which pertained to
reduction of required site design requirements. See also the Code Comparative Table.
1.04.05 - Relationship to Growth Management Plan
The adoption of this LDC 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 a rmatively states that in the event that any land development regulation, this LDC, 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
LDC, 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
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 development
of property in unincorporated Collier County, and to provide a development review process
that will be comprehensive, consistent, and e cient in the implementation of the goals,
objectives, and policies of the GMP.
In order to foster and preserve public health, safety, comfort and welfare, and to aid in the
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harmonious, orderly, and progressive development of the unincorporated areas of Collier
County, it is the intent of this LDC that the development process in Collier County be e cient,
in terms of time and expense, e ective, 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.
The Board of County Commissioners deems it to be in the best public interest for all property
and development to be conceived, designed, built, and used in accordance with good planning
and design practices and the minimum standards set forth in this LDC.
It is the intent and purpose of this LDC 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 future 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.
This LDC intends to accomplish and to provide for e ciency 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 tra c for the transport of people, goods, and commodities; protection of persons
and property in oodways and oodplains ; 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.
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, o -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
The County Manager or designee shall have the authority to make all interpretations of the text
of this LDC, the boundaries of zoning districts on the o cial zoning atlas, and to make all
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interpretations of the text of the GMP and the boundaries of land use districts on the future
land use map.
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.
During the course of review of a development order or permit, as the case may be, should an
applicant and sta be unable to concur on the application of a speci c provision or provisions
of this LDC, the County Manager or designee shall be authorized to make a nal determination.
Request for O cial Interpretation. The County Manager or designee may render an o cial
interpretation of any part of the LDC. The building o cial may render an o cial interpretation
of any part of the Florida Building Code.
Generally. An o cial interpretation may be requested by any a ected person, resident,
developer, land owner, government agency or department, or any person having a
contractual interest in land in Collier County.
Procedure. The Administrative Code shall establish the procedure and submittal
requirements for an o cial interpretation.
Request Criteria. Each request must identify the speci c LDC 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 3 issues or
questions. It must not contain a single question with more than 3 sub-issues or questions.
If it is determined by the appropriate o cial that the request for interpretation contains
more than 3 issues, the applicant will be required to submit a separate request
accompanied by the applicable fees.
Notice. The interpretation shall be in writing and shall be sent to the applicant by certi ed
mail return receipt requested. Public notice procedures are identi ed in LDC subsection
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E ective time limits of an interpretation.
An interpretation rendered by the County Manager or designee shall remain in e ect
until the appropriate LDC section is amended to clarify the applicable provision or
provisions which warranted the interpretation, or until such time as the
interpretation is adopted, modi ed, 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 identi ed in LDC section 1.06.01 D.1, above.
From the time the interpretation is rendered and the time the appropriate LDC
section is amended, or in the case of an appeal, until such time as the Board of
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Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its
nding, no further request for interpretation regarding the same issue shall be
permitted.
An interpretation rendered by the building o cial shall remain in e ect as provided
for in the Florida Building Code.
Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals.
Within 30 days after receipt by the applicant or a ected property owner of a written
o cial interpretation sent by certi ed mail return receipt requested by the County
Manager or designee or building o cial, or within 30 days of publication of public
notice of the o cial interpretation, the applicant , a ected property owner, or
aggrieved or adversely a ected party may appeal the interpretation to the Building
Board of Adjustments and Appeals for matters relating to building and technical
codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other
matters in the LDC. For the purposes of this section, an a ected property owner is
de ned as an owner of property located within 300 feet of the property lines of the
land for which the o cial interpretation is e ective. An aggrieved or a ected party is
de ned as any person or group of persons which will su er an adverse e ect to an
interest protected or furthered by the Collier County Growth Management Plan, LDC,
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 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 designee or building
o cial, whichever is applicable, and public testimony in light of the growth
management plan, the future land use map, the LDC or the o cial 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 designee's or building o cial's interpretation,
whichever is applicable, with or without modi cations or conditions, or reject their
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 designee's or building o cial's interpretation unless such board
nds that the determination is not supported by substantial competent evidence or
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that the o cial interpretation is contrary to the Growth Management Plan, the future
land use map, the LDC or the o cial zoning atlas, or building code, whichever is
applicable.
Time limitations on appeals. Any appeal that has not been acted upon by the
applicant within 6 months of the applicant ling the appeal will be determined to
be withdrawn and cancelled unless extended by the BCC. Further review and action
on the appeal will require a new application subject to the then current LDC.
(Ord. No. 13-56, § 3.A)
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 o cial zoning atlas shall be made in accordance with the provisions of this section.
District regulations extend to all portions of districts surrounded by boundaries. Except as
otherwise speci cally provided, a district symbol or name shown within district boundaries
on the future land use map or the o cial zoning atlas indicates that district regulations
pertaining to the district extend throughout the whole area surrounded by the boundary
line.
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 o cial zoning atlas, the
following rules shall apply:
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.
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).
Boundaries indicated as approximately following city or county limits shall be
construed as following such city or county limits.
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Boundaries indicated as following railroad tracks shall be construed as being midway be
tracks.
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 .
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.
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 .
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.
Distances not speci cally indicated on the o cial zoning atlas shall be determined by
the scale of the map on the page of the atlas showing the property in question.
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 § 1.06.02
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 o cial zoning atlas, the interpretation of the future land use map or the
o cial zoning atlas shall be in accordance with the purpose and intent of the GMP and this LDC.
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 e ect in such territory and administered by the County shall
remain in full force and e ect and shall continue to be administered and enforced by the County under this
LDC until such time as municipal zoning within such territory shall be adopted and take e ect.
1.07.00 - LAWS ADOPTED BY REFERENCE
The following Collier County ordinances and laws, as amended or superseded, are hereby incorporated
into this LDC 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 LDC, 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
following technical codes:
• Plumbing
• Mechanical
• Fuel Gas
2002-01 [Code of Laws §§ 22-106, 22-107]
Plumbing Code [Code §§ 22-106, 22-108]
Mechanical Code [Code §§ 22-106, 22-109]
Gas Code [Code §§ 22-106, 22-110]
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.
• National Fire Protection Association (NFPA)
1 with modi cation by Ch. 4A-60.003 F.A.C.
• National Fire Protection Association (NFPA)
101 with modi cation 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
2002-49 [Code of Laws Ch. 58, Art. II]
Coastal Building Zone (Wind)87-20 [Code ch. 22, art. IX] 2002-1
Utility Standards 88-76 [Code ch. 134, art. III] 89-23
89-32
2001-57
Public Right-of-Way Standards 82-91 [Code ch. 110, art. II]
89-26
93-64
Seawall Construction 85-2 [Code ch. 22, art. IX]
85-26
86-5
Water Policy 74-50 [Code ch. 90, art. II]
90-10
2001-27
Collier County Streetscape Master Plan
(CCSMP)
97-25
1.08.00 - DEFINITIONS
1.08.01 - Abbreviations
A Agricultural Zoning District
ACOE Army Corps of Engineers
ACP Agricultural Cleaning Permit
ADA Americans with Disabilities Act
ACSC Big Cypress Area of Critical State Concern
ADT Average Daily Trips (transportation)
AHDB A ordable Housing Density Bonus
ALF Assisted Living Facility
APFC Adequate Public Facilities Certi cate (APFC)
ASI Area of Signi cant In uence
ASTM American Society for Testing and Materials
ATF After the Fact
AUIR Annual Update and Inventory Report
BD Boat Dock Petition
BMP Best Management Practices
BOA Collier County Building Board of Adjustments and Appeals
BCC Collier County Board of County Commissioners
BFE Base Flood Elevation
BMUD Bayshore Mixed Used District
BP Business Park Zoning District
BZA Collier County Board of Zoning Appeals
CAO County Attorney's O ce
C-1 Commercial Districts
C-2 Commercial Convenience District
C-3 Commercial Intermediate District
C-4 General Commercial District
C-5 Heavy Commercial District
CCME Conservation and Coastal Management Element of the Growth Management Plan
CMS Concurrency Management System
CCPC Collier County Planning Commission
CCSL(P)Coastal Construction Setback Line (Permit)
CDD Community Development District
CEB Code Enforcement Board
CDES Community Development & Environmental Services
CF Community Facility
CFR Code of Federal Register
CIE Capital Improvement Element
CIP Capital Improvement Program
CMO Corridor Management Overlay
C.O.Certi cate of Occupancy
COA Certi cate of Public Facilities Adequacy
CON Conservation Zoning District
CRD Compact Rural Development
CSA Concurrency Service Areas
CSP Conceptual Site Plan
CU Conditional Use
DBH Diameter at Breast Height
DCA Department of Community A airs
DEP Department of Environmental Protection
DO Development Order
DRI Development of Regional Impact
DSAC Development Services Advisory Committee
DSWT Dry Season Water Table
E Estates Zoning District
EAC Collier County Environmental Advisory Council
EAR Evaluation and Appraisal Report
EIS Environmental Impact Statement
EPA Environmental Protection Agency
ERP Environmental Resource Permit
EXP Excavation Permit
FAC Florida Administrative Code
FAR Floor Area Ratio
FBC Florida Building Code
FDEP Florida Department of Environmental Protection
FDOT Florida Department of Transportation
FEMA Federal Emergency Management Agency
FFWCC Florida Fish and Wildlife Conservation Commission
FIHS Florida Interstate Highway System
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FISH Florida Inventory of School Houses
FLDO Final Local Development Order
FLUCFCS
(FDOT
1999)
"Florida Land Use Cover and Forms Classi cation System" (FDOT 1999)
FLUE Future Land Use Element of the Collier County Growth Management Plan
FLUM Future Land Use Map of the Collier County Growth Management Plan
F.S./Fla.
Stat.
Florida Statutes
FSA Flow Way Stewardship Area
FSP Final Subdivision Plat
GC Golf Course Zoning District
GGAMP Golden Gate Area Master Plan
GGPPOCO Golden Gate Parkway Professional O ce Commercial Overlay District
GMP Collier County Growth Management Plan
GPCD Gallons per Capita per Day
GT Gopher Tortoise
GTMUD Gateway Triangle Mixed Use District
GIS Geographic information system
GWP Ground Water Protection Zone
GZO Goodland Zoning Overlay
HSA Habitat Stewardship Area
HVAC Heating, Ventilation, & Air Conditioning
I Industrial Zoning District
ICBSD Immokalee Central Business Subdistrict
LDC Collier County Land Development Code
LPA Local Planning Agency
LOS Level of Service
LSPA Littoral Shelf Planting Area
M/F Multi-Family Use or Zoning
MH Mobile Home
MHO Mobile Home Overlay
MHWL Mean High Water Line
MLW Mean Low Water
MPP Manatee Protection Plan
MUP Mixed Use Project
NAICS North American Industry Classi cation System
NAVD North American Vertical Datum
NBMO North Belle Meade Overlay
NC Neighborhood Commercial District
NPDES National Pollution Discharge Elimination System
NGS National Geodetic Survey
NGVD National Geodetic Vertical Datum
NOAA National Oceanic and Atmospheric Administration
NRPA Natural Resource Protection Area
O.C.On Center
P Public Use District
PPL Plans and Plat
PSI Pounds per Square Inch
PSP Preliminary Subdivision Plat
PUD Planned Unit Development
RCW Red Cockaded Woodpecker
RFMU Rural Fringe Mixed-Use
RLS Request for Legal Services
RLSA Rural Lands Stewardship Area
RNC Residential Neighborhood Commercial Subdistrict
ROW Right-of-way
RSF-
1-2-3-4-5-6
Residential Single-Family
RMF-6 Residential Multiple-Family District 6
RMF-12 Residential Multiple-Family District 12
RMF-16 Residential Multiple-Family District 16
RT Residential Tourist District
SBCO Santa Barbara Commercial Overlay District
SBR School Board Review
SCADL School Capacity Availability Determination Letter
SIC Standard Industrial Classi cation
SDP Site Development Plan
SF Single-Family
SIA School Impact Analysis
SIP Site Improvement Plan
SFWMD South Florida Water Management District
SLOSH Sea, Lake, and Overland Surge from Hurricane
SLR Sound Level Reduction
SRA Stewardship Receiving Area
SSA Stewardship Sending Area
ST Special Treatment Area Zoning Overlay
ST-NAR Special Treatment Area Zoning for Natural Aquifer Recharge
SWM
permit
Surface Water Management Permit
TCEA Transportation Concurrency Exemption Areas
TCMA Transportation Concurrency Management Areas
TCMS Transportation Concurrency Management System
TDR Transfer of Development Rights
TIS Transportation Impact Statement
TND Traditional Neighborhood Design
TP Turtle Permit
TTRVC Travel Trailer Recreational Vehicle Campground
UMAN Uni ed Wetland Mitigation Assessment Methodology
USDOTFHA U.S. Dept. of Transportation Federal Highway Administrator
USFWS United States Fish and Wildlife Service
VOB Vehicle on the Beach Permit
VR Village Residential Zoning Districts
VRP Vegetation Removal Permit
VRSFP Vegetation Removal and Site Fill Permit
W Waterfront District
WRA Water Retention Area (within RL SA)
(Ord. No. 04-72, § 3.A; Ord. No. 05-27, § 3.A; Ord. No. 06-08, § 3.A; Ord. No. 06-63, § 3.A; Ord. No. 07-67, § 3.A;
Ord. No. 10-23, § 3.A)
1.08.02 - De nitions
Abut or abutting : To share a common property line or boundary at any one 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).
Accessory parking zone (APZ): Residentially zoned lots that are permitted for o -street parking or water
retention and management areas. APZ lots must be adjacent to the Neighborhood Commercial, Waterfront
and Mixed Use subdistricts and have a common lot line and be under same ownership or legal control (lease,
easement, etc.).
Accessory unit: An accessory unit is a separate structure related to the primary residence for uses which
include, but are not limited to: library studio, workshop, playroom, or guesthouse.
Accessory 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 ].
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 identi ed 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.
Airport : Any area of land or water designed and set aside for the landing and taking o 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. §§ 77.21, 77.23, 77.25, 77.28, and 77.29, and which obstructs the airspace required for
the ight of aircraft in taking o , maneuvering, or landing, or is otherwise hazardous to such taking o ,
maneuvering, or landing of aircraft.
Alley : A public or approved private way which a ords only a secondary means of access to abutting
properties and which is not intended for general tra c circulation. See Figure 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 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 identi ed, or which may generate higher volumes
of tra c. A multi-occupancy structure may have 1 or more anchor tenants.
Ancillary facility: A building or other facility necessary to provide district-wide support services, such as an
energy plant, bus garage, warehouse, maintenance building, and/or administrative building.
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.
Aquaculture : The cultivation of marine or aquatic species (fresh or salt water) under either natural or
arti cial conditions.
Aquifer : A geologic formation, group of formations, or part of a formation that contains su cient
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 ood hazard : The area/land in the ood plain within a community subject to a one percent
or greater chance of ooding 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
tra c volume, long trip length, and high operating speed. In addition, every United States numbered highway
is an arterial road. See Figure 1.
Artist village: A residential development intended exclusively for the housing of artists, such as painters,
sculptors and jewelry makers, and that consists of one or more multifamily attached dwellings, clustered
single-family detached dwellings, or a combination thereof, with shared studio and/or gallery space that may
be used by all residents.
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 pro t or not, which undertakes through its
ownership or management to provide for a period exceeding 24 hours, housing, food service, and 1 or more
personal services for 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 speci cally licensed to do so pursuant to §
400.407, F.S. A facility o ering personal services or limited nursing services for fewer than 4 adults is within
the meaning of this de nition 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.
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.
Awning: Temporary canvas or other material covering extending from and attached to the facade of a
building, without ground supports.
Base ood elevation : A ood 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 e ective limit of storm waves.
Berm : A mound of earth to provide screening or bu ering between uses.
Best Management Practices: Schedule of activity, maintenance procedures, pre-emptive site control
measures and other management techniques intended to reduce the discharge of pollutants to waters of the
United States.
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.
Boat lift canopy: A covering that is applied to a boat lift over a legally permitted dock.
Boatel : A facility o ering transient lodging accommodations normally on a daily rate for boat travelers.
These accommodations include wet boat slips, where guests may or may not sleep on their boat.
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 TDR Credits, up to the minimum required density.
[sec. 2.03.08 A.2.b.(3)(b)]
Breakaway wall : A wall that is not part of the structural support of the building and is intended through its
design and construction to collapse under speci c lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundations system.
Bu er (also, landscape bu er) : Land or a combination of land and vegetation for the separation of 1 use
from another and the alleviation of adverse e ects of 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 elevation 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 rst nished oor to the highest point of the roof
surface of a at 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. Where minimum oor elevations have been established by
law or permit requirements, the building height shall be measured from such required minimum oor
elevations. (See section 4.02.01, Exclusions from height limits, and o -street parking within a building.)
Required minimum oor 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 rst- oor 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 xed line established in or along the Gulf of Mexico, a river, watercourse, or other body
of water, in order to x and establish the distance from the shoreline within which lling may be permitted
and bulkheads constructed.
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 modi cation, and other such services. This type
of facility shall contain 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), (i.e., assisted
living facilities; foster care facilities; facilities for: aged persons, developmentally disabled persons (as de ned
in the FAC), physically disabled or handicapped persons (as de ned in the FAC); crisis and attention care;
displaced adult care; homeless shelters; mental and emotional health care; o ender 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 de nition 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.
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 tra c volume,
moderate trip length, and moderate operating speed. Collector roads collect and distribute tra c between
local roads or arterial roads. See Figure 1.
Commercial equipment: Any equipment used in a commercial business, regardless if the equipment is
actually owned or utilized by a business. Commercial equipment shall include the following; earth-moving
equipment, landscaping equipment, lawn mowers (push-type or tractor), tillers, ladders, pipes, spools of
electric-type wiring or cable, portable pumps, portable generators, pool cleaning equipment and supplies, any
trailer not recreational in nature ( at-bed, stake-bed, or fully enclosed), in addition to any other equipment of
similar design or function.
Commercial vehicles: Any vehicle used in conjunction with a commercial or business activity, or possessing
the following characteristics. Any motor vehicle not recreational in nature having a rated load capacity of
greater than one ton, exceeding 7½ feet in height, 7 feet in width, and/or 25 feet in length. The display of
lettering or a similar sign upon a vehicle shall not in and of itself make a vehicle commercial.
Community garden: A single piece of land managed and maintained by a group of individuals to grow and
harvest food crops and/or non-food, ornamental crops such as owers, for personal or group use,
consumption or donation. Community gardens may be divided into separate plots for cultivation by one or
more individuals or may be farmed collectively by members of the group and may include common areas
maintained and used by group members.
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 e ect 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.
CON District: Lands that are generally depicted on the Future Land Use Map, and more speci cally
depicted on the O cial Zoning Atlas, as Conservation. [§ 2.03.09 B]
Concurrency : The public facilities and services necessary to maintain the adopted level of service
standards are available when the impacts of development occur.
Concurrency service area (CSA): A geographic area in which the level of service standard for each type of
school is measured when an application for residential development is reviewed for school concurrency
purposes.
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 1 or more owners, and there is
appurtenant to each unit as part thereof an undivided share in common elements.
Conservation Collier lands: Lands acquired by Collier County, whether held in fee or otherwise, under the
Conservation Collier Program for the purposes of conservation, preservation and provision of public green
space.
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 uses,
industrial uses, or a use that has a residential equivalency, 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.
Destination resort hotel: A transient lodging facility (i.e. - less than six months occupancy) where patrons
generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural
or man-made, including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and
golf-related facilities, (iii) health spa and/or tness center, (iv) other recreational amenities and on-site services,
including full dining services and cocktail lounge, entertainment rooms for video and movies, and concierge
services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not
required. In all cases, a destination resort hotel must include full dining services and a cocktail lounge, and not
a.
b.
c.
d.
e.
f.
g.
less than 25 percent of the gross oor area must be devoted to common usage and support service areas,
such as but not limited to tness room, health spa, media room, meeting rooms, dining and lounge facilities,
and spaces in support of hotel functions.
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 3 or more parcels. The
following activities or uses shall be taken for the purposes of this Code to involve "development":
A reconstruction, alteration of the size, or material change in the external appearance of a
structure on land.
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, o ces, or dwelling units in a structure or on land.
Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including
any "coastal construction" as de ned in § 161.021, F.S.
Commencement of drilling, except to obtain soil samples, mining, or excavation on a
parcel of land.
Demolition of a structure.
Clearing of land as an adjunct of construction.
Deposit of refuse, solid or liquid waste, or ll 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—163.3243, F.S.
Development order : Any order, permit, determination, or action granting, denying, or granting with
conditions an application for any nal 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, HVAC 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, ood 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,
stewardship receiving area (SRA), or any other o cial action of Collier County having the e ect of permitting
development as de ned in this Code.
Development plan : A graphic representation along with supportive information and data depicting the
intended development.
a.
a.
b.
Diameter at breast height: The diameter of the trunk, limb, or stem material measured at the point or
points of the tree located 4½ 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 4½
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, boathouses 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.
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 100-year storm surge.
Duplex : A freestanding building, which contains only 2 dwelling units.
Dwelling (also called dwelling unit) : Any building, or part thereof, constituting a separate, independent
housekeeping establishment for no more than 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 3 or more dwelling units within a single building.
For purposes of determining whether a lot is for multi-family dwelling use, the following characteristics
shall be considered:
Multiple-family dwelling uses may involve dwelling units intended to be rented and
maintained under central ownership and management, or cooperative apartments, or
condominiums, and the like and may include the fee ownership of land beneath each
dwelling unit following development from a common base of ownership.
For purposes of di erentiating between multi-family residential dwelling units and other similar
or related uses, and for density calculations purposes, the following shall apply:
Any multiple-family dwelling in which dwelling units are available for rental for periods of
less than one week shall be considered a tourist home, a motel, motor hotel, or hotel, as
the case may be, and shall only be permitted in districts where speci cally designated.
Timeshare estate facilities shall be considered as intended primarily for transient
occupancy and shall only be permitted in districts where speci cally designated.
c.Guesthouses and employee quarters shall not be considered as dwelling units in the comput
Dwelling, single-family or one-family : A building that contains only 1 dwelling unit.
Dwelling, two-family: A single, freestanding, conventional building intended, designed, used and occupied
as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot
under separate ownership.
Easement : An interest in land owned by another that entitles its holder to a speci c limited use or
enjoyment.
Educational facilities: The buildings and equipment, structures, and special 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, sta , 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 ndings 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; re, 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 having appropriate
jurisdiction, and governmental facilities.
Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production
testing and eld delineation of discovered petroleum and natural gas resources as de ned 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- eld separation and
removal of test production. (See Oil extraction and related processing)
Facade : That portion of any exterior elevation of a building extending from nished grade to the top of
the parapet wall or eaves, extending the entire width of the building elevation, and exposed to public view.
Facility with fuel pumps: Any establishment that sells, distributes, or pumps fuels for motor vehicles
whether or not such facility provides automotive repair services or includes a convenience store. See fuel
pump de nition.
Family care facility : A residential facility designed to be occupied by not more than 6 persons under care,
plus supervisors as required by subsection 10A-5.019, FAC, and constituting a single dwelling unit (i.e., 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. As to the
provisions in Sections 6.02.00 and 10.02.07, respectively, pertaining to COA's and adequate public facilities
only, a nal local development order is a nal subdivision plat, a nal approved site development plan, or
building permit or mobile home tie-down permit issued by the county.
Fire station: The building(s) and site of a government establishment primarily engaged in re ghting, used
to house re trucks and other emergency vehicles, re ghting equipment and apparatus, re ghters, and
support/administrative sta .
Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a
government establishment primarily engaged in re ghting, such as re training camps, but which is not
required to be located at a re station for that re station to serve its function. However, services designed to
repair any re ghting equipment is not an ancillary re station service.
Flood : A general and temporary condition of partial or complete inundation of normally dry land area
from the over ow of inland or tidal waters or the unusual and rapid accumulation or runo 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 ood, that is, the ood level that has a one percent or greater chance of occurrence in
any given year.
Flood insurance rate map (FIRM) : An o cial map of Collier County, Florida, on which the County Manager
or designee has delineated both the special hazard areas and the risk premium zone applicable to the
community.
Flood insurance study (FIS) : The o cial report provided in which the Federal Emergency Management
Agency (FEMA) has provided ood pro les, as well as the Flood Insurance Rate Maps and the water surface
elevation of the base ood.
Flood plain : Area inundated during a 100-year ood event or identi ed 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 de nition
of " ood").
Floodway : The channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base ood without cumulatively increasing the water surface elevation more than
one foot.
Floor area : The sum of the gross horizontal areas of the several oors of a building measured from the
exterior faces of the exterior walls or from the centerline of common walls separating 2 buildings, excluding
attic areas with a headroom of less than 7 feet, enclosed or unenclosed stairs or re 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 48 inches above the general nished 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 the site. A
oor area ratio is the relationship between the gross oor area on a site and the gross land area. The FAR is
calculated by adding together the gross oor areas of all buildings on the site and dividing that gure by the
gross land area. See Figure 5. The gross oor area of a building clearly designed for a parking facility shall not
be included in the oor area ratio calculation.
Florida Inventory of School Houses (FISH) - Permanent Capacity: The report of the permanent capacity of
existing public school facilities. The FISH capacity is the number of students that may be housed in a facility
(school) at any given time based on a percentage of the total number of existing student stations and a
designated size for each program.
Flowway: A natural or manmade swath of land, varying in width and length, providing for the conveyance
of water, primarily sheet ow, during seasonally wet periods, generally from north to south, and providing
bene cial wildlife habitat and aquifer recharge.
Frontage : The side of a lot or parcel abutting a street. Where a lot abuts 2 or more streets, frontage is
de ned as the side of a lot where the main building entrance is located. See Figure 2.
Front yard build-to-line: The line to which a building facade must be built, not a minimum distance.
Fuel pump: Also known as a "fueling position," means any self-service or full-service device used for the
sale of fuel for motor vehicles. A single fuel pump is a fuel pump that can serve only one vehicle at a time. The
number of pumps on a single device is determined by the maximum number of vehicles that can be serviced
at the same time. For example, a fuel dispensing device that can fuel two vehicles at once is considered two
fuel pumps, and two fuel dispensing devices that can fuel four vehicles at once is considered four fuel pumps,
and so on.
a.
b.
Grade: A reference plane representing the average of nished ground level adjoining the building at all
exterior walls. When the nished ground level slopes away from the exterior walls, the reference plane shall
be established by the lowest points within the area between the building and the lot line or between the
building and a point 6 ft. (1829 mm) from the building, whichever is closer to the building.
Greenbelt: A required bu er and open space area surrounding a Rural Village. [§ 2.03.08 (A)(2)(b)(6)]
Group care facility : A type of facility, which provides a living environment for 7 to 14 persons under care
who operate as the functional equivalent of a family, including such supervision and care by supportive sta
as may be necessary to meet the physical, emotional, and social needs of the residents.
Category I: A group care facility designed to accommodate 7 to 14 persons under care,
plus resident supervisors as required by Florida Administrative Code (i.e., adult congregate
living facilities for aged persons; developmentally disabled persons (as de ned in Florida
Statutes; physically disabled or handicapped persons, as de ned in Florida Statutes;
mentally ill persons (as de ned in Florida Statutes; and persons recovering from alcohol
and/or drug abuse. Foster care facilities are also included.
Category II: A group care facility designed to accommodate 7 to 14 persons under care,
plus resident supervisors as required by Florida Administrative Code. This type of facility
o ers a higher level of personal and therapeutic care than a category I facility (i.e., crisis
and attention care, displaced adult care, homeless shelters, mental and emotional health
care, o ender 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 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 con gured or of a size that may accommodate a kitchen.
Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal dwelling
located on the same residential 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 may contain kitchen facilities. Guesthouses are not permitted in development that is receiving an
AHDB. See LDC sections 4.01.02, 5.03.03 and 2.05.02 for additional information.
Hazardous product or waste:
Hazardous product means any hazardous substance designated pursuant to 40 Code of Federal
Regulations part 302, as amended or superseded. In general a hazardous product is a
hazardous substance that has a reactive, ignitable, corrosive, or toxic characteristic, and if
released or misused, can harm people, other living organisms, property, or the environment.
Hazardous Waste shall have the meaning provided in 40 Code of Federal Regulations 261 and
Florida Administrative Code 62-730, as amended or superseded. In general a hazardous waste
is a waste material that has a reactive, ignitable, corrosive, or toxic characteristic, and if
released or misused, can harm people, other living organisms, property, or the environment.
Holiday decoration: An ornate embellishment placed speci cally for the purpose of celebrating a speci c
holiday, holiday event or holiday season.
Hospital : A building or group of buildings having facilities for overnight care of 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 sta facilities.
Hotel (also motel) : A building or group of buildings o ering 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.
House pad: The ll placed on the original ground of a lot upon which a house with an attached garage is
built; as di erentiated from yard, driveway, detached garage or drain eld ll pads.
Housing, a ordable workforce: means 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 a range of median adjusted gross annual income (median income) for households 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), speci cally including the following subsets:
Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be
"very-low income".
Owner occupied workforce housing: 51 percent—60 percent of median income, otherwise considered
to be "low income".
a.
b.
c.
d.
e.
Owner occupied workforce housing: 61 percent—80 percent of median income, otherwise considered
to be "low income".
Owner occupied workforce housing: 81 percent—100 percent of median income, otherwise
considered to be "moderate income".
Owner occupied gap housing: 81 percent—150 percent of median income.
Rental workforce housing less than 50 percent of median income, otherwise considered to be "very-
low income".
Rental workforce housing from 51 percent—60 percent of median income, otherwise considered to be
"low income".
The term a ordable housing is speci cally intended to include a ordable workforce housing.
Housing, gap: means 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 a
range of median adjusted gross annual income (median income) for households 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), speci cally including the following subset:
The term "gap housing: 81 percent—150 percent of median income" is speci cally intended to include
similar categories, such as "Essential Personnel Housing", "Professional Housing", and "Reasonably Priced
Housing". Gap housing is intended to provide housing for households falling above the federal and state
assistance guidelines, but still unable to a ord market priced homes.
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.
In ltration trench: An excavated trench, nominally two to three feet in width and depth lined with a class
"C" geotextile fabric, or better, and back lled with clean stone aggregate.
Integrated phased development: A development plan which has established the following development
criteria pursuant to section 10.02.04:
Identi cation of the initial subdivision phase and the balance of the proposed additional
phases;
Established density and intensity of the overall development and each individual proposed
phase;
Delineation of environmentally sensitive areas and provisions for their preservation or
mitigation;
Delineation of the extent of external bu ering for the overall integrated development;
Assurance of the provisions of adequate access and extension of infrastructure for the
f.
initial phase and to subsequent phases; and
Assurance for the provision of adequate public facilities and services based upon the
established density and intensity of the overall development in accordance with applicable
Collier County ordinances. (See Chapter 10)
Kennel: An establishment licensed to operate as a facility housing dogs, cats, or other household pets.
Kitchen, primary: A room in a principal dwelling or guesthouse which is used, designed and intended for
the preparation and cooking of food, often where meals are also eaten. See LDC section 4.01.02 Kitchens in
Dwelling Units and Guesthouses.
Kitchen, secondary: A kitchen, accessory in function to the primary kitchen, located within and only
accessible through the principal dwelling unit. See LDC section 4.01.02 Kitchens in Dwelling Units and
Guesthouses.
Landowner: Any owner of a legal or equitable interest in real property, and includes the heirs, successors
and assigns of such ownership interests, including developer's holding development rights susceptible to
claims of vested rights or takings.
Level of service : An indicator of the extent or degree of service provided by, or proposed to be provided
by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate
the capacity per unit of demand for each public facility.
Live-work units: A dwelling unit in which a signi cant portion of the space includes a non-residential use
that is operated by the tenant.
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.
Lot, corner: A lot located at the intersection of two or more streets. In the case of corner lots, the front
yard with the shorter street frontage shall establish the required minimum lot width. A lot abutting a curved
street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot
lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
Lot, interior: A lot other than a corner lot, with only one frontage on a street. See Figure 8.
Lot, through: A lot other than a corner lot, with frontage on more than one street. Through lots abutting
two streets are considered double-frontage lots. See Figure 8.
Lot coverage : The part or percentage of the lot occupied by principal and accessory buildings and
structures. See Figure 7.
Lot line : The boundary of a lot; the legally de ned limits of a lot. See Figure 2.
Lot measurement, width: Width of a lot shall be considered to be the average distance between straight
lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the
foremost points of the side lot lines where they intersect with the street line and the points of the side lot lines
where they intersect the rear property line, (see Figure 9). The width between the side lot lines at their
foremost points in front shall not be less than 80 percent of the required lot width, except in the case of lots
on the turning circle of a cul-de-sac when the 80 percent requirement shall not apply. The minimum lot width
on a cul-de-sac shall be gured by drawing a straight line at the chord, then drawing a straight line parallel to it
at the required setback distance for that particular zoning district. That new established line shall meet the
minimum lot width of that district, (see Figure 10).
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 xed boundaries, described by metes and bounds or other speci c legal
description, the description of which has been so recorded in the public records of Collier County, Florida, on
or before the e ective date of this LDC; or (3) a lot, parcel, or the least fractional unit of land or water under
common ownership which has limited xed 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, chie y 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 shing 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.
Mixed use project approval process: A process by which a land owner may petition for approval of a mixed
use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If
located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Triangle
Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus
density pool units.
Mobile home : A structure, transportable in one or more sections, which is 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 uni ed 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 e ective radii.
Motel : 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 o ce 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 speci cally depicted on the O cial Zoning Atlas, as Neutral Lands. [§ 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: 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 de nition also includes any lot or parcel made nonconforming by a rezoning
initiated by Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990).
North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on
the Future Land Use Map, and more speci cally depicted on the O cial Zoning Atlas, as the North Belle Meade
Overlay. [§ 2.03.08(D)]
Oil and gas exploration: Activities and facilities involved in the search for and subsequent production
testing and eld delineation of discovered petroleum and natural gas resources as de ned 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- eld separation and
removal of test production. (See Oil extraction and related processing)
Oil and gas eld development and production: Activities and facilities involved in developing petroleum
and natural gas resources following successful exploration as de ned 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, owlines and gathering lines, in- eld 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
eld development and production as de ned above.
Open space: Areas that are not occupied by buildings, impervious parking areas, streets, driveways or
loading areas and 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.
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 parks, playgrounds, tennis courts, golf
courses, beach frontage, waterways, lakes, lagoons, oodplains, 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, required yards (setbacks) and landscaped areas, which are accessible to and usable by residents of
an individual lot, the development, or the general public. Open water area beyond the perimeter of the site,
street rights-of-way, driveways, o -street parking and loading areas, shall not be counted towards required
Usable Open Space.
Outparcel: 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.
Parcel: Any quantity of land capable of being described with such de niteness 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: Means a park which serves the population of a neighborhood and is generally
accessible by bicycle or pedestrian ways.
Passive Recreation: Activities characterized by a natural resource emphasis and non-motorized activities.
These activities are deemed to have minimal negative impacts on natural resources; or are consistent with
preservation, enhancement, restoration and maintenance goals for the purpose of habitat conservation.
Examples of passive recreation include, but are not limited to, bird watching and nature study, swimming,
picnicking, hiking, shing and hunting, where appropriate.
Pathway: A de ned corridor for the primary use of non-motorized travel.
Pedestrian pathway: The area between the Road Rights-of-Way and the building within the Commercial
Mixed Use Project and the Residential Mixed Use PUD Project. The Pedestrian pathway shall include: street
furnishings; a street tree planting zone, and a pedestrian travel zone, and shall be a minimum of 21 feet in
width.
Pedestrian travel zone: The area within a Pedestrian pathway located in a Commercial Mixed Project or a
Residential Mixed Use Project in which furnishings or other obstructions shall be kept out to promote
pedestrian movement. The pedestrian travel zone shall be a minimum of 5 feet in width.
Pervious (also pervious surface or pervious area: Applicable to Section 4.05.03 only): Material that allows
the percolation or absorption of water into the ground including, but not limited to grass, mulch, and crushed
stone. Pavers (excluding those speci cally designed and constructed to be pervious) and limerock are not
considered as pervious surface.
Post Take Plan: A plan depicting site modi cations, enhancements, and/or deviations from the
requirements of this Code as set forth in Section 9.03.07, or from the requirements of a PUD or Conditional
Use as may be applicable, where such modi cations, enhancements, and/or deviations are designed to
remediate, mitigate, minimize, or resolve site impacts caused by a Take to an improved property, or
unimproved property where an application for Development Order has been made. A Post Take Plan may
include, but is not limited to, any or all of the following: redesign or relocation of ingress/egress; replacement
of all, or a portion of, lost parking spaces; redesign of internal vehicular circulation patterns; relocation or
replacement of signage, redesign or relocation of stormwater retention, detention, or conveyance facilities,
replacement of landscaping materials and/or irrigation xtures; redesign or relocation of landscape bu ers,
preserves, or conservation areas; and similar types of site related modi cations or enhancements.
Primary facade (applicable to Section 5.05.08 only): A facade that is in public view and faces a public or
private street.
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.
a.
b.
c.
d.
e.
Public utility ancillary system: The individual or collective appurtenant equipment and structures owned or
operated by a public or quasi public entity which are integral to treatment facilities that provide raw water,
potable water, irrigation quality (IQ) water and wastewater services.
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.
Redemption: Utilization of Rural Fringe Mixed-Use District (RFMUD) Transfer of Development rights (TDR)
credit for development purposes.
Renovation (applicable to Section 5.05.08 only): Restoration, remodeling, improvement, in whole or in
part, of an existing building.
Restaurant : A building or part of a building where food is o ered for sale or sold to the public primarily
for immediate consumption.
Restaurant, drive-through: A fast food facility with one or more drive-through lanes where food is ordered
through a speaker phone and a menu board located in the drive-through lane. This type of facility has no
indoor seating or food ordering but may have walk-up windows and/or outdoor seating.
Restaurant, fast food: An establishment where food is prepared and served to the customers in an ready
to consume state for consumption either within the restaurant building, outside the building but on the same
premises, or o the premises and having any combination of two or more of the following characteristics:
A limited menu, usually posted on a sign rather than printed on individual sheets or
booklets;
Self-service rather than table service by restaurant employees;
Disposable containers and utensils;
A kitchen area in excess of 50% of the total oor area; or
A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purposes of
this Land Development Code.
Restaurant, sit-down: A restaurant where food is ordered from a menu normally while seated at a table,
and where table service is provided. Cafeterias are deemed sit-down restaurants for the purposes of this Land
Development Code.
Restaurant, walk-up: A fast food facility with one or more walk-up windows. This type of facility has no
indoor eating or drive-through windows, but may have outdoor seating.
RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map
and speci cally depicted on the O cial Zoning Atlas as the Rural Fringe Mixed Use District, which is generally a
transition between the Urban and Estates Designated lands and the Urban and Agricultural/Rural and
Conservation designated lands farther to the east. [§ 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 speci cally depicted on the O cial Zoning Atlas, as Receiving Lands. [§ 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 speci cally depicted on the O cial Zoning Atlas, as Sending Lands. [§ 2.03.08(A(4)]
Right-of-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. [§ 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.
School Capacity Availability Determination Letter (SCADL): Based upon a School Impact Analysis (SIA), a
letter prepared by the School District, identifying if school capacity is available to serve a residential project, if
capacity exists for each school type, and whether the proposed development is conceptually approved or
vested.
School Impact Analysis (SIA): A detailed report which evaluates a development plan for a proposed
residential development and identi es the anticipated student impact from the development on the level of
service standard within the Concurrency Service Area for each school type.
Self-storage buildings (applicable to Section 5.05.08 only): Buildings where customers lease space to store
and retrieve their goods; see NAICS 531130.
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 de ned location and
the beginning point of the buildable area. See Figure 2.
Sewage system, central : 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 1 unit (as de ned in the health code used by
Collier County) comprised of pipes, tanks, and a subsurface absorption eld, or other approved treatment
device, for handling and disposing of wastewater.
Shopping center: A group of uni ed commercial establishments built on a site which is planned,
developed, owned or managed as an operating unit and related in its location, size, and type of shops to the
trade area that the unit serves. It consists of eight or more retail business or service establishments containing
a minimum total of 20,000 square feet of oor area. No more than 20 percent of a shopping center's oor area
can be composed of restaurants without providing additional parking for the area over 20 percent. A marina,
hotel, or motel with accessory retail shops is not considered a shopping center.
Shoreline or shore: The interface of land and water and, as used in the coastal management element
requirements, is limited to oceanic and estuarine 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)
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 governmental operations.
Solid waste bulk container : Any watertight, portable nonabsorbent container equipped with a watertight
lid or cover, which is used to store 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 tting watertight cover, with handles and of 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 land ll or other solid waste
management facility.
Sporting and recreational camp: A facility, public or private, which may o er permanent or temporary
shelters such as cabins or tents and is primarily engaged in providing camping, sporting or other recreational
activities. Examples of sporting and recreational camps shall include boys' and girls' camps, hunting camps,
shing camps, or summer camps.
Standard design buildings (applicable to Section 5.05.08 only): Buildings whose design is based on a
"corporate prototype" or other standardized architectural design that is used consistently with little or no
variation at many di erent sites.
State Requirements for Educational Facilities ("SREF"): The Florida Department of Education State
Requirements for Educational Facilities, e ective 1999, as amended.
Story: That portion of a building included between a oor which is calculated as part of the building's
habitable oor area and the oor or roof next above it.
Street : A public or approved private thoroughfare, including the right-of-way, which a ords the principal
means of access to abutting property. The term street includes lanes, ways, places, drives, boulevards, roads,
avenues, or other means of access, regardless of the descriptive term used.
Streetscape zone: The streetscape zone is the space between the front yard build-to-line and the properly
line.
Streetwall: A freestanding wall parallel with the facade of an adjacent building for the purpose of
screening parking from the street.
Structure : Anything constructed or erected which requires a xed location on the ground, or in the
ground, or attached to something having a xed 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 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 10
acres, for the purpose, 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 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 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 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
speci cations which have been identi ed by the local code enforcement o cial and which are the minimum
necessary to assure safe living conditions; or any alteration of a historic structure.
Take or Taking: A parcel of land or a lot or portion thereof, or parcels or lots in combination or a portion
thereof, that Collier County (or other governmental agency with eminent domain powers), or a private party or
parties under agreement with Collier County or other government entity, has acquired or proposes to acquire
for public use, whether by fee simple title or by easement, regardless of whether that acquisition occurs
through dedication, condemnation, purchase, gift, or some similar manner.
Takings claim: Any claim that falls within the scope of Section 9.02.10. of this Code, whether claimed to be
temporary or permanent in character.
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. [§ 2.03.07 D.4]
Timeshare estate: Any interest in a dwelling unit under which the exclusive right of use, ownership,
possession, or occupancy of the unit circulates among the various owners of timeshare estates in such unit in
accordance with a xed time schedule on a periodically recurring basis for a period of time established by
such schedule.
Timeshare estate facility: Any dwelling in which timeshare estates have been created.
Timeshare unit: A dwelling unit in which timeshare estates have been created.
Tower : A structure for the primary purpose to raise the height of an antenna.
Townhouse : A group of 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 gas pipeline, storm drainageway, water
main, sanitary or storm sewer main, canal, landscape bu er, 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 re ects 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 alters native vegetation communities
by: displacing native plant species, changing the structure or ecological functions of native plant communities,
or hybridizing with native species; which includes all species of vegetation listed on the 2003 Florida Exotic
Pest Plant Council's List of Invasive Species, under Category 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 displacing 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 determined by accepted
valid scienti c references such as those listed in Section 4.06.05.
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.
Vegetation, protected: Any living, woody plant (tree, shrub or groundcover) and any dead woody plant that
has a nest of a bald eagle. Nuisance invasive vines and nuisance invasive groundcover are not protected
vegetation.
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 o ce, and of civic, and government uses.
Wastewater : The combination of liquid and water-carried pollutants from residences, commercial
buildings, industrial plants, and institutions together with any groundwater, surface runo , or leachate that
may be present.
Wet bar: An area designed for mixing drinks that contains a sink with running water, has a counter top,
and is not a kitchen. See LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses.
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 bene ts for listed species, measured using the Uni ed 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 de nition, "unobstructed" means a structure or
portion of a structure from 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.
Yard, waterfront: The required open space on property adjacent to the Gulf, bays, bayous, navigable
streams and on man-created canals, lakes, or impounded reservoirs. The required waterfront yard shall be
measured from the most restrictive of the following: property line, bulkhead, shoreline, seawall, control
elevation contour, or mean high water line (MHWL). Waterfront yards do not apply to drainage easements,
canals, and lakes that were created for water management purposes with no intention to be navigable
waterways providing vessel access to a larger body of water.
1996 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier
County as recorded in O cial Record Book 2207, Pages 1729 et seq. which bears an e ective date of June 25,
1996.
2003 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier
County as recorded in O cial Record Book 3228, Page 2989 et seq. which bears an e ective date of February
28, 2003.
2008 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier
County as recorded in O cial Record Book 4492, Page 1107, et seq. , which bears an e ective date of October
14, 2008, establishing processes for public school facility planning and public school concurrency.
Zero lot line : The location of a building on a lot in such a manner that 1 or more of the building's sides
rest directly on a lot line.
(Ord. No. 04-54, § 1, 7-27-04; Ord. No. 04-72, § 3.B; Ord. No. 05-27, § 3.B; Ord. No. 06-07, § 3.B; Ord. No. 06-08,
§ 3.B; Ord. No. 06-63, § 3.B; Ord. No. 07-67, § 3.B; Ord. No. 07-68, § 3.A; Ord. No. 08-08, § 3.A; Ord. No. 08-11, §
3.A; Ord. No. 08-63, § 3.B; Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.B; Ord. No. 12-38, § 3.A; Ord. No. 12-39, §
3.A; Ord. No. 14-33, § 3.A; Ord. No. 15-46, § 2.A; Ord. No. 16-27, § 3.A; Ord. No. 18-18, § 3.A)
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