2.03.07 Page 1
2.03.07 - Overlay Zoning Districts
A. Corridor Management Overlay (CMO).
1. The purpose of the (CMO) district is to supplement existing zoning regulations for properties
bordering Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frank Road
south of Pine Ridge Road. The CMO district will implement the urban design concepts developed
in the corridor management study for Goodlette-Frank Road and Golden Gate Parkway. These
regulations recognize that two (2) separate jurisdictions govern land uses in these corridors and
are designed to develop greater consistency in design standards between Collier County and the
City of Naples.
2. These regulations apply to all properties adjacent to the rights-of-way of Goodlette-Frank Road
from U.S. 41 to Pine Ridge Road and Golden Gate Parkway from U.S. 41 to Santa Barbara
Boulevard as measured perpendicular from the abutting right-of-way for a distance of 330 feet.
Except as provided in this regulation, all other use, dimensional, and development requirements
shall be as required in the underlying zoning categories.
B. Mobile home Overlay (MHO). The (MHO) district is intended to apply to those agricultural areas where
a mixture of housing types is found to be appropriate within the district. It is intended that mobile
homes allowed under this section shall be erected only in the Rural Agricultural district and only when
the requirements and procedures of this section are met.
C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both airspace
protection and land use compatibility in relation to the normal operation of public-use airports located
within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island
Executive Airport, Immokalee Regional Airport, and all existing and future public-use airports and
heliports in the County. The purpose and intent of these regulations shall be as follows:
1. To attempt to promote maximum safety of aircraft arriving at and departing from all public-use
airports located within the County;
a. To attempt to promote maximum safety of residents and property within areas surrounding
public-use airports located within the County;
b. To attempt to promote full utility of the public-use airports within the County;
c. To provide development standards for land uses within prescribed noise zones associated
with the normal operation of public-use County airports ;
d. To provide building height standards for use within the approach, transitional, horizontal,
and conical zones so as to encourage and promote proper development beneath such
areas;
e. To provide administrative and enforcement procedures for the efficient and uniform
regulation of all development proposals within such areas; and
f. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning
Atlas, the following regulations are additionally applicable to lands in the County in the vicinity
of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on
the airport zoning maps of the County. Lands lying within various zones as indicated on the
airport zoning maps are subject to the additional regulations set out in this section.
D. Special Treatment Overlay (ST).
1. Within the County there are certain areas, which because of their unique assemblages of flora
and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County,
or their contribution to their own and adjacent ecosystems, make them worthy of special
regulations. Such regulations are directed toward the conservation, protection, and preservation
of ecological and recreational values for the greatest benefit to the people of the County. Such
areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier
islands, hardwood hammocks, xeric scrubs, coastal beaches , estuaries, cypress domes, natural
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drainage ways, aquifer recharge areas, and lands and structures of historical and
archaeological significance. The purpose of the "ST" district is to assure the preservation and
maintenance of these environmental and cultural resources and to encourage the preservation of
the intricate ecological relationships within the systems, and at the same time, permit those types
of development which will hold changes to levels determined acceptable by the BCC after public
hearing.
2. An overlay zoning district classification to be known as the ST special treatment overlay district,
and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol of
the basic zoning district which it overlays, is hereby established. This overlay district classification
will be used for those lands of environmental sensitivity and historical and archaeological
significance where the essential ecological or cultural value of the land is not adequately protected
under the basic zoning district regulations established by this LDC. The placement or removal of
this the ST district shall be governed by the procedure for amending the LDC and this Official
Zoning Atlas as prescribed in Chapter 10. All land within the ST overlay district shall be designated
as environmentally sensitive.
3. For purposes of identifying land from which the residential development rights have been
transferred, such lands shall be designated on the Official Zoning Atlas by affixing the letter "P"
for preservation to the symbol "ST," thusly "P-ST." Such designation shall be placed on the land
after the BCC has accepted the deed and/or guarantee to said property.
4. Transfer of Development Rights (TDR).
a. Purpose, Intent and Applicability.
i. Purpose. The primary purpose of the TDR process is to establish an equitable method
of protecting and conserving lands determined to have significant environmental value,
including large connected wetland systems and significant areas of habitat for listed
species; and
To provide a viable mechanism for property owners of such environmentally valuable
lands to recoup lost value and development potential which may be associated with
the application of environmental preservations standards to such lands.
ii. Intent . These TDR provisions are intended to accomplish the above stated purpose
through an economically viable process of transferring development rights from less
suitable non-RFMU sending areas and RFMU sending lands to more suitable non-
RFMU receiving areas and RFMU receiving lands .
iii. Applicability . These TDR provisions shall be applicable to those areas specifically
identified in (b), (c) and (d) below. These TDR provisions shall not be applicable to the
any transfer of development rights within the RLSA District.
b. Transfer of development rights from urban areas to urban areas. An owner of land located
within areas designated as urban on the Future Land Use Map, including agriculturally zoned
properties, which may or may not be identified with the ST overlay, may elect to transfer
some or all of the residential development rights from one parcel of land to another parcel
, as an alternative to the development of the sending lands. The lands to which the
development rights are to be transferred shall be referred to as receiving lands and those
lands from which development rights are transferred shall be referred to as sending lands,
as provided herein and shall be located within the urban designated areas of the county.
i. The development rights shall be considered as interests in real property and be
transferred in portions or as a total as provided in this section. Once used, the residential
development rights shall not be used again and the residential development rights of
the subject lands providing them shall be considered severed forever.
ii. The transfer of development rights to be used shall be subject to all of the requirements
of the basic zoning district to which they are transferred unless specifically approved
otherwise as provided by law.
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iii. The minimum area of land eligible for the transfer of development rights shall be equal
to the minimum lot size for the sending zone. For the purposes of this section, legal
non-conforming lots of record may be eligible to transfer density , with the minimum
area of the receiving land equal to the area of the legal non-conforming lot of record ,
excluding subm erged land.
iv. Upon the approval of the transfer of residential development rights by a super majority
vote of the Board of County Commissioners, the property owner of the sending land
shall dedicate in fee simple the land to the county or a state or federal agency; however,
the lands may be dedicated in fee simple to a private, not-for-profit conservation or
environmental organization in accordance with F.S. § 704.06, as amended, with the
approval of the Board of County Commissioners.
v. The maximum number of residential units which may be requested for transfer shall be
compiled on the basis of the permitted density pursuant to the underlying zoning
category of the sending land.
vi. Maximum number of residential units which eligible lands may receive.
a) Lands in all residential zoning districts and residential components of planned unit
development zoning districts are eligible to receive residential development units
provided that the maximum number of residential units which may be transferred
to the receiving land does not exceed ten percent of the maximum number of
residential units permitted under the receiving property's basic zoning district. For
the purpose of determining the number of residential units which a parcel of land
is capable of receiving, the following formulas shall apply:
i) RSF-1 through RSF-5 districts, up to and including five units per acre:
Units per base density × 10% = .1 to .5 units per acre
ii) RMF-6 district, up to and including six units per acre:
6 units × 10% = 0.6 units per acre
iii) RMF-12 district, seven to and including 12 units per acre:
12 units × 10% = 1.20 units per acre
iv) RMF-16 district:
16 units × 5% = 0.80 units per acre
v) RT district:
16 units × 5% = 0.80 units per acre
vi) PUD district:
Residential tract units × 5% = permitted units per acre
b) For the purpose of calculating the final fractional residential unit of the total number
of residential units eligible for transfer to an eligible parcel of land, the following
shall apply: Any fractional residential unit shall be converted upward if one-half or
more of a whole unit, or downward if less than one-half of a whole unit, to the
nearest whole unit value.
vii. Procedure for obtaining transfer of residential development rights. Any owner of
eligible land may apply for a transfer of development rights either separately or
concurrently with rezoning, zoning ordinance amendments, preliminary subdivision
plat or development plan. Prior to the approval of any transfer of development rights
or the issuance of any building permits in connection with the use of any transfer of
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development rights, the petitioner shall submit the following information and data, as
applicable to the petition, to the development services director for his review and
subsequent action by the Board of County Commissioners
a) Name and address of property owner of sending land.
b) Name and address of property owner of receiving land.
c) Legal description of sending land from which transfer of residential development
rights is petitioned.
d) Survey of sending land from which transfer of residential development rights is
requested.
e) Legal description of receiving land which receives the transfer of residential
development rights.
f) Survey of the land which receives the transfer of residential development rights.
g) Three copies of an executed deed of transfer of ownership of the sending property
to the county or a state or federal agency; however, the lands may be dedicated in
fee simple to a private, not-for-profit conservation or environmental organization in
accordance with F.S. § 704.06, as amended, with the approval of the Board of
County Commissioners in a form approved by the county attorney.
h) The owner of the sending land shall provide a guarantee, agreeable to and
approved by ordinance of the Board of County Commissioners, that the sending
land will be utilized only for the purposes of increasing public recreational and/or
educational opportunities, creation of linkages between public or private open
space , protection of critical habitat/ecosystems, or other public purpose as
specified in the ordinance of adoption. Such a guarantee shall be recorded with
the clerk of the circuit court of Collier County, Florida as a recorded restriction of
the use of such land and shall be binding upon all present and subsequent owners,
heirs, or assigns of such property. Such restrictions may not be amended, deleted,
or otherwise altered, except by a majority vote of the BCC.
viii. Time limitations on Board of County Commissioners' approval of transfer of residential
development rights or authorization to proceed with the processing of a building
construction permit. The Board of County Commissioners' approval of a transfer of
residential development rights or the County Manager or his designee authorization to
proceed with the processing of a building or construction permit shall be valid so long
as such approval is permitted by law. The failure to act on the part of the petitioner to
exercise the transfer of residential development rights or obtain and exercise an
authorized building or construction permit within the time period provided by law shall
automatically terminate such approval and the county shall be held harmless for any
damages arising out of the petitioner's failure to act.
ix. Sequential use of residential units approved for transfer by the Board of County
Commissioners. Upon the issuance of any permit for the construction of residential
unit(s) upon the receiving land, the first residential units built thereon shall be
considered to be the residential units approved for transfer by the Board of County
Commissioners, and the succeeding residential units constructed shall be considered
the residential units permitted under the basic zoning district regulations.
c. TDR credits from RFMU sending lands : General Provisions
i. Creation of TDR credits .
a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit
per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or
parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate
of 1 TDR credit per legal non-conforming lot or parcel .
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b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall
be calculated using the following formula:
# of acres x 0.2 = # of TDR credits generated.
Where the number of TDR credits thus calculated is a fractional number, the
number of TDR credits created shall be rounded to the nearest 1/100th.
ii. Creation of TDR Bonus credits . TDR Bonus credits shall only be generated from
RFMU sending land property from which TDR credits have been severed. The three
types TDR Bonus credits are as follows:
a) Environmental Restoration and Maintenance Bonus credits . Environmental
Restoration and Maintenance Bonus credits are generated at a rate of 1 credit
for each TDR credit severed from that RFMU sending land for which a
Restoration and Management Plan (RMP) has been accepted by the County. In
order to be accepted, a RMP shall satisfy the following:
1) The RMP shall include a listed species management plan.
2) The RMP shall comply with the criteria set forth in 3.05.08.A, and B.
3) The RMP shall provide financial assurance, in the form of a letter of credit or
similar financial security, establishing that the RMP shall remain in place and
be performed, until the earlier of the following occurs:
a. Viable and sustainable ecological and hydrological functionality has
been achieved on the property as measured by the success criteria set
forth in the RMP.
b. The property is conveyed to a County, state, or federal agency as
provided in b) below.
4) The RMP shall provide for the exotic vegetation removal and maintenance
to be performed by an environmental contractor acceptable to the County.
b) Conveyance Bonus credits . Conveyance Bonus credits are generated at a rate
of 1 credit for each TDR credit severed from that RFMU sending land that is
conveyed in fee simple to a federal, state, or local government agency as a gift.
Conveyance Bonus credits shall only be generated from those RFMU sending
land properties on which an RMP has been accepted as provided in a) above.
c) Early Entry Bonus credits . Early Entry Bonus credits shall be generated at a
rate of 1 additional credit for each TDR credit that is severed from RFMU sending
land for the period from March 5, 2004, until March 27, 2012. Early Entry Bonus
credits shall cease to be generated after the termination of this early entry bonus
period. However, Early Entry Bonus credits may continue to be used to increase
density in RFMU and non- RFMU Receiving Lands after the termination of the
Early Entry Bonus period.
iii. Calculation of TDR Bonus credits .
a) Environmental Restoration and Maintenance Bonus credits are calculated as
follows:
# TDR credits generated from property × % property subject to an approved RMP
b) Conveyance Bonus credits are calculated as follows:
# TDR credits generated from property × % property subject to an approved RMP
and conveyed as provided in ii.b) above.
c) Early Entry Bonus credits are calculated as follows:
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# TDR credits generated within Early Entry period × 1.
iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending lands . TDR
credits or TDR Bonus credits from RFMU sending lands may be redeemed into
Urban Areas, the Urban Residential Fringe, and RFMU receiving lands , as provided
in subsections 2.03.07 4.d. and e. below.
v. Prohibition on redemption of fractional TDR credits and TDR Bonus credits . While
fractional TDR credits and TDR Bonus credits may be created, as provided in (ii)
above, TDR credits and TDR Bonus credits may only be redeemed in increments of
whole, not fractional, dwelling units. Consequently, fractional TDR credits and
fractional TDR Bonus credits must be aggregated to form whole units, before they can
be utilized to increase density in either non-RFMU Receiving Areas or RFMU
Receiving lands .
vi. Prohibition on severance of development rights.
a) Neither TDR credits nor TDR Early Entry Bonus credits shall be generated from
RFMU sending lands where a conservation easement or other similar
development restriction prohibits the residential development of such property,
with the exception of those TDR Early Entry Bonus credits associated with TDR
credits severed from March 5, 2004, until [the effective date of this provision].
Environmental Restoration and Maintenance Bonus credits and Conveyance
Bonus credits may only be generated from those RFMU sending lands where a
conservation easement or other similar development restriction on development
was imposed in conjunction with the severance of TDR credits .
b) Neither TDR credits nor any TDR Bonus credits shall be generated from RFMU
sending lands that were cleared for agricultural operations after June 19, 2002,
for a period of twenty-five (25) years after such clearing occurs.
d. Redemption of TDRs into non- RFMU receiving areas .
i. Redemption into urban areas.
a) Maximum density increase. In order to encourage residential in-fill in urban areas
of existing development outside of the Coastal High Hazard Area, a maximum of
3 residential dwelling units per gross acre may be requested through a rezone
petition for projects qualifying under this residential infill provisions of the Future
Land Use Element density Rating System, subject to the applicable provisions of
Chapters 2 and 9 of this Code, and the following conditions:
i) The project is 20 acres or less in size;
ii) At time of development , the project will be served by central public water
and sewer;
iii) The property in question has no common site development plan in common
with adjacent property;
iv) There is no common ownership with any adjacent parcels ; and
v) The parcel in question was not created to take advantage of the in-fill
residential density bonus and was created prior to the adoption of this
provision in the Growth Management Plan on January 10, 1989.
vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be
derived from RFMU sending lands and redeemed at Site Plan or prior to Plat
recordation.
b) Developments which meet the residential infill conditions i) through v) above may
increase the base density administratively through a Site Development Plan or
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Plat approval by a maximum of one dwelling unit per acre by redeeming additional
density derived from RFMU district Sending Lands.
ii. Redemptions into the Urban Residential Fringe shall be permitted exclusively through
the use of TDR credits and TDR Bonus credits derived from RFMU sending lands
located within one mile of the Urban Boundary to increase density by a maximum of
1.0 dwelling units per acre, allowing for a density increase from the existing allowable
base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling units per
gross acre.
e. Redemption into RFMU receiving lands .
i. Maximum density on RFMU receiving lands when TDR credits are redeemed.
a) The base residential density allowable shall be as provided in sections 2.03.08
A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a).
b) The density achievable through the redemption of TDR credits and TDR Bonus
credits into RFMU receiving lands shall be as provided for in section 2.03.08
A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and
2.03.08 A.2.b.(3)(c)(i) inside of rural villages.
ii. Remainder uses after TDR credits are severed from RFMU sending lands. Where
development rights have been severed from RFMU district Sending Lands, such lands
may be retained in private ownership and may be used as set forth in section 2.03.08
A.4.b.
f. Procedures applicable to the severance and redemption of TDR credits and the generation
of TDR Bonus credits from RFMU sending lands .
i. General. Those developments that utilize such TDR credits or TDR Bonus credits are
subject to all applicable permitting and approval requirements of this Code, including
but not limited to those applicable to site development plans, plat approvals, PUDs,
and DRIs.
a) The severance of TDR credits and the generation of Early Entry Bonus credits
from RFMU sending lands does not require further approval of the County if the
County determines that information demonstrating compliance with all of the
criteria set forth in ii.a) below has been submitted. However, those developments
that utilize such TDR credits and Early Entry Bonus credits are subject to all
applicable permitting and approval requirements of this Code, including but not
limited to those applicable to site development plans , plat approvals, PUDs, and
DRIs.
b) The generation of Environmental Restoration and Maintenance Bonus credits
and Conveyance Bonus credits requires acceptance by the County of a RMP.
ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the
County shall serve as the central registry for all TDR severances, transfers (sales) and
redemptions , as well as maintain a public listing of TDR credits available for sale
along with a listing of purchasers seeking TDR credits . No TDR credit generated from
RFMU sending lands may be utilized to increase density in any area unless the
following procedures are complied with in full.
a) TDR credits shall not be used to increase density in either non-RFMU Receiving
Areas or RFMU receiving lands until severed from RFMU sending lands . TDR
credits shall be deemed to be severed from RFMU sending lands at such time
as a TDR credit Certificate is obtained from the County. TDR credit Certificates
shall be issued only by the County and upon submission of the following:
i) a legal description of the property from which the RFMU TDR credits
originated, including the total acreage;
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ii) a title opinion establishing that, prior to the severance of the TDR credits from
RFMU sending lands , such sending lands were not subject to a
conservation restriction or any other development restriction that prohibited
residential development ;
iii) an affidavit, signed by the owner, stating that the property was not subject to
a conservation restriction or any other development restriction that prohibited
residential development during the period between the effective date of the
title opinion and conservation easement recordation;
iv) an executed Limitation of Development Rights Agreement, prepared in accord
with the form provided by the County, that limits the allowable uses on the
property after the severance of TDR credits as set forth in section 2.03.08
A.4.b.; and
v) a statement identifying the price, or value of other remuneration, paid to the
owner of the RFMU sending lands from which the TDR credits were
generated and that the value of any such remuneration is at least $25,000 per
TDR credit , unless such owner retains ownership of the TDR credits after
they are severed, unless the RFMU or non- RFMU receiving lands on which
the TDR credits will be redeemed and the RFMU sending lands from which
the TDR credits were generated are owned by the same persons or entities
or affiliated persons or entities; and
vi) a statement attesting that the TDR credits are not being severed from RFMU
sending lands in violation of subsection 2.03.07 D.4.c.vi.b) of the Code.
vii) documented evidence that, if the property from which TDRs are being
severed is subject to a mortgage, lien, or any other security interest; the
mortgagee, lien holder, or holder of the security interest has consented to the
recordation of the Limitation of Development Rights Agreement required for
TDR severance; transfer (sale) of TDR credit ; and redemption of TDR
credit .
b) TDR Bonus credits shall not be used to increase density in either non-RFMU
receiving areas or RFMU receiving lands until a TDR credit certificate reflecting
the TDR Bonus credits is obtained from the County and recorded.
1) Early Entry Bonus credits . All TDR credit certificates issued by the County
for the period from the effective date of this provision until March 27, 2015,
unless further extended by resolution by the Board of County Commissioners,
shall include one Early Entry Bonus credit or fractional Early Entry Bonus
credit for each TDR credit or fractional TDR credit reflected on the TDR
credit certificate. Where TDR credits were severed from March 5, 2004, until
the effective date of this provision, the County shall, upon receipt of a copy of
the TDR credit certificate reflecting those previously severed TDR credits ,
issue a TDR credit certificate entitling Early Entry Bonus credits equal in
number to the previously severed TDR credits .
2) Environmental Restoration and Maintenance Bonus credit . A TDR
certificate reflecting Environmental Restoration and Maintenance Bonus
credits shall not be issued until the County has accepted a RMP for the
sending lands from which the Environmental Restoration and Maintenance
Bonus credit is being generated. Any sending lands from which TDR
credits have been severed may also be used for mitigation programs and
associated mitigation activities and uses in conjunction with any county, state
or federal permitting. Where the Environmental Restoration and Maintenance
Credit is applied for sending lands that are also being used (title or
easement) for mitigation for permits or approvals from the U.S. Army Corps
of Engineers, U. S. Fish and Wildlife Service, Florida Department of
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Environmental Protection, Florida Fish and Wildlife Conservation
Commission, or the South Florida Water Management District, the County
shall accept as the RMP for the sending mitigation lands, the restoration
and/or maintenance requirements of permits issued by any of the foregoing
governmental agencies for said lands.
3) Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus
credits shall not be issued until the County has accepted a RMP for the
Sending Lands from which the Conveyance Bonus credit is being
generated and such sending lands have been conveyed, in fee simple, to a
County, state, or federal government agency.
c) A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally
approved, but no subsequent application for site development plan or
subdivision plat within the PUD or DRI shall be approved, until the developer
submits the following:
i) documentation that the developer has acquired all TDR credits and TDR
Bonus credits needed for that phase of the development that is the subject
of the site development plan or subdivision plat.
d) The developer shall provide documentation of the acquisition of full ownership and
control of all TDR credits and TDR Bonus credits needed for the development
prior to the approval of any site development plan, subdivision plat, or other final
local development order, other than a PUD or DRI.
e) Each TDR credit shall have an individual and distinct tracking number, which shall
be identified on the TDR certificate that reflects the TDR credit . The County TDR
Activity Log shall maintain an ongoing database that categorizes all TDR credits
relative to severance, transfer (sale) and redemption activity.
f) Each TDR Bonus credit shall have an individual and distinct tracking number,
which shall be identified on the TDR certificate and which shall identify the specific
TDR credit associated with the TDR Bonus credit . The County TDR Registry
shall maintain a record of all TDR Bonus credits , to include a designation of those
that have been expended.
g) The County bears no responsibility to provide notice to any person or entity holding
a lien or other security interest in Sending Lands that TDR credits have been
severed from the property or that an application for such severance has been filed.
g. Proportional utilization of TDR credits and TDR Bonus credits . Upon the issuance of
approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR
credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of
the PUD or DRI's approved gross density that is derived through TDR credits and TDR
Bonus credits . All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall
require that the rate of TDR credit and TDR Bonus credits consumption be reported
through the monitoring provisions of section 10.02.12 and subsection 10.02.07.C.1.b of this
Code.
5. In accordance with § 380.05, F.S. and chapter 73-131 Laws of Florida, the administrative
commission instituted regulations for the Big Cypress Area of Critical State Concern "ACSC". The
purpose of these regulations is to conserve and protect the natural, environmental, and economic
resources of the Big Cypress area. Furthermore, these regulations are to provide a land and water
management system that will preserve water quality, provide for the optimum utilization of the
limited water resources of the area, facilitate orderly and well-planned development , and protect
the health, safety and welfare of residents of the state. The Florida Administrative Code
establishes criteria for site alteration, drainage, transportation facilities and structure installation.
These regulations are implemented through the land development regulations as set forth in
section 4.02.14. An overlay zoning classification to be known as Area of Critical State
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Concern/Special Treatment Overlay shall be designated on the Official Zoning Atlas with symbol
ACSC-ST.
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize the importance
and significance of the County's historical and archaeological heritage. To that end, it is the county's
intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts,
structures , buildings , and properties. Further, the BCC, finds that these regulations are necessary
to protect the public interest, to halt illicit digging or excavation activities which could result in the
destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner
which affords the maximum protection to historical and archaeological sites, districts, structures ,
buildings , and properties consistent with individual property rights. It is not the intent of this LDC to
deny anyone the use of his property, but rather to regulate the use of such property in a manner which
will ensure, to the greatest degree possible, that historic and archaeological sites, districts, structures
, buildings , and properties are protected from damage, destruction, relocations, or exportations.
1. Areas for consideration for inclusion in areas of historical/archaeological probability shall have
one (1) or more of the following characteristics:
a. The area is associated with distinctive elements of the cultural, social, ethnic, political,
economic, scientific, religious, prehistoric, or architectural history that have contributed to the
pattern of history in the community, the County, the State of Florida, or the nation; or
b. The area is associated with the lives of persons significant in history; or
c. The area embodies the distinctive characteristics of a type, period, method, or materials of
construction that possess high artistic value, quality of design craftsmanship, or that
represent an individual architect or builder's prominence or contribution to the development
of the County, the State of Florida, or the nation; or
d. The area was the location of historic or prehistoric activities including, but not limited to,
habitation, religious, ceremonial, burial, or fortification during a particular period of time,
which may maintain a sufficient degree of environmental integrity to reflect a significant
aspect of the relationship of the site's original occupants to the environment; or
e. The area is historic or prehistoric site which has been severely disturbed but which may still
allow useful and representative data to be recovered; or
f. The area has yielded or is likely to yield information on local history or prehistory; or
g. The area derives its primary significance from architectural or artistic distinction of historical
importance; or
h. The area is the birthplace or grave of historical figure or is a cemetery which derives its
primary significance from graves of persons of importance, from age, from distinctive design
features, or from association with historic events; or
i. The area is the site of a building or structure removed from its original location which is
significant for its architectural value, or is the sole surviving structure associated with historic
period, person, or event; or
j. The area is a property primarily commemorative in intent, where design, age, tradition, or
symbolic value has invested it with its own historical significance; or
k. The area is an area containing known archaeological sites that have not been assessed for
significance but are likely to conform to the criteria for historical/archaeological significance
or areas where there is a high likelihood that unrecorded sites of potential
historical/archaeological significance are present based on prehistoric settlement patterns
and existing topographic features; or
l. The area is included in the National Register of Historic Places.
2. Applicability during development review process; county projects; agriculture; waiver request.
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a. Applicability. Applications for a specific development order as described in subsection[s]
203.07 E.2.b through deemed adequate for review which have been submitted prior to the
adoption of this section are not required to meet the provisions outlined in the applicable
subsection. However, subsequent applications for development orders as described in
subsection[s] 2.03.07 E.2.b. through k. shall comply with the requirements of the applicable
subsection. Subsections 2.03.07 E.2.b. through k. shall become effective upon the adoption,
by resolution, of the map of areas of historical/archaeological probability by the board of
county commissioners.
b. Development of regional impact (DRI). The application for development approval (ADA) for
the proposed DRI shall include correspondence from the applicant to the Florida department
of state, division of historic resources, indicating that the DRI is in Collier County's designated
area of historical archaeological probability. The ADA shall also include an historical
archaeological survey and assessment, if required by the division of historic resources. The
survey and assessment is subject to review by the County Manager or designee, and
recommendations shall be presented to the Collier County planning commission and the
board of county commissioners for consideration for incorporation into the local development
order. The recommendations shall also be provided to the preservation board. The
preservation board shall be provided the opportunity to present its recommendations to the
planning commission and board of county commissioners at their public hearings.
c. Requests for land use change. Property under consideration for a rezone or conditional
use which is within an area of historical/archaeological probability shall have an
historical/archaeological survey and assessment prepared by a certified archaeologist to be
submitted by the applicant with the land use change request application and is subject to
review by the County Manager or designee. The County Manager or designee's
recommendations derived from the review of a survey and assessment submitted by the
applicant shall be presented to the Collier County planning commission and the board of
county commissioners for consideration for incorporation into the local development order.
The recommendations shall also be provided to the preservation board. The preservation
board shall be provided the opportunity to present its recommendations to the planning
commission and board of county commissioners at their public hearings.
d. Building permits. Building permits issued for new structures on property located within an
area of historical/archaeological probability shall be accompanied by a notice that indicates
the property is within the area of historical/archaeological probability. The notice shall
describe the potential for historical and archaeological sites, structures , artifacts, or
buildings , and shall encourage the preservation of such sites, provide reference to
applicable state and local laws, and provide reference regarding whom to contact in the
event an historical/archaeological site, structure , artifact or building is discovered.
e. Preliminary subdivision plat. Submittal for a preliminary subdivision plat within an area of
historical/archaeological probability but not subject to subsections b through c shall include
a historical/archaeological survey and assessment prepared by a certified archaeologist.
The preservation board shall review the recommendations derived from the survey and
assessment and submit their recommendations to the Collier County Board of County
Commissioners for consideration for incorporation into the local development order .
f. Final subdivision plat or site development plan (SDP). Submittal for a final subdivision plat,
including construction documents or site development plan (SDP) within an area of
historical/archaeological probability but not subject to subsections b, c, or e of this section
shall include a historical/archaeological survey and assessment prepared by a certified
archaeologist. The preservation board shall review the recommendations derived from the
survey and assessment which shall be incorporated into the final subdivision plat and
construction document.
g. Reserved.
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h. County projects. County-sponsored projects, which are located within an area of
historical/archaeological probability shall have an historical/archaeological survey and
assessment prepared by a certified archaeologist. The county shall comply with all
recommendations outlined in the historical/archaeological survey and assessment. A copy
of the historical/archaeological survey and assessment shall be provided to the preservation
board members.
i. Agricultural lands. Owners of agricultural land within an area of historical/archaeological
probability filing a notice of commencement application for active agricultural production shall
be notified in writing by development services staff that the land is in an area of
historical/archaeological probability and that an historical/archaeological survey and
assessment prepared by certified archaeologist is required. The County Manager or
designee shall not issue a notice of commencement until the historical/archaeological survey
and assessment has been completed. The property owner shall adhere to all
recommendations provided by the historical/archaeological survey and assessment.
j. Waiver request. Properties located within an area of historical/archaeological probability with
low potential for historical/archaeological sites may petition the County Manager or designee
to waive the requirement for an historical/archaeological survey and assessment. The waiver
application shall be in a form provided by the community development services division. The
County Manager or designee shall review and act upon the waiver request within five
working days of receiving the application. The waiver request shall adequately demonstrate
that the area has low potential for historical/archaeological sites. Justification shall include,
but not be limited to, an aerial photograph interpretation, a description of historical and
existing land uses, and an analysis of land cover, land formation, and vegetation. The County
Manager or designee may deny a waiver, grant the waiver, or grant the waiver with
conditions. He shall be authorized to require examination of the site by an accredited
archaeologist where deemed appropriate. The applicant shall bear the cost of such an
evaluation by an independent accredited archaeologist. The decision of the County Manager
or designee regarding the waiver request shall be provided to the applicant in writing. In the
event of a denial of the waiver request, written notice shall be provided stating the reasons
for such denial. Any party aggrieved by a decision of the County Manager or designee
regarding a waiver request may appeal to the preservation board. Any party aggrieved by a
decision if the preservation board regarding a waiver request may appeal that decision to
the board of county commissioners utilizing the procedure outlined in section k.
k. Previously completed survey and assessments. A survey and assessment completed by a
certified archaeologist prior to the enactment of this section which is in accordance with the
survey and assessment requirements outlined in section m may at the discretion of the
property owner be utilized to meet the requirements of this section. The survey and
assessment shall be provided to the County Manager or designee and shall be subject to
the procedure as outlined in section a through section i above.
l. Historical/archaeological survey and assessment components. Historical/archaeological
surveys and assessments required by this section shall be consistent with accepted
professional procedures and practices as outlined in the historic preservation compliance
review program of the Florida Department of State. Division of Historical Resources; and
Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716),
Subsections m. and n. shall become effective upon the adoption, by resolution, of the map
of areas of historical/archaeological probability by the board of county commissioners.
m. Survey and assessment components. Surveys and assessments shall include at a minimum:
i. Title page;
ii. Table of contents;
iii. Report, title and authors;
iv. Statement of qualification for each author;
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v. Description of the project location in terms of geologic and physiographic features, the
environment, and land use history;
vi. Description of field and laboratory methodology;
vii. Description of sites located;
a) Significance determination;
viii. Recommendations as to further assessment work, site preservation, or mitigation;
ix. Appendices:
a) Florida Master Site File forms.
n. Significance determination. A significance determination of specific sites as required by
subsection m. item vii. a. of this section shall be based on National Register of Historic Places
eligibility criteria, as follows:
i. The quality or significance in American history, architecture, archaeology, engineering
and culture is present in districts, sites, buildings , structures and projects that
possess integrity of location, design, setting, materials, workmanship; and
ii. That are associated with events that have made a significant contribution to the broad
patterns of our history; or
iii. That are associated with the lives of persons significant in our past; or
iv. That embody the distinctive characteristics of a type, period or method of a type, period,
or method of construction, or that represent the work of a master, or that possess high
artistic values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or,
v. That have yielded, or may be likely to yield, information important in prehistory or
history; or
vi. In addition, the importance of historical/archaeological resources to local, county, and
state history or prehistory shall be considered in a significance determination.
o. Designation of historical/archaeological sites, structures , districts, buildings and
properties.
p. In addition to the areas of historical/archaeological probability outlined in subsection 2.03.07
E.1., specific sites, districts, structures , buildings , and properties may also be designated.
Such designation will be based on the following criteria:
i. Association with distinctive elements of the cultural, social, ethnic, political, economic,
scientific, religious, prehistoric and architectural history that have contributed to the
pattern of history in the community, Collier County, the state or the nation; or
ii. Association with the lives of persons significant in history; or
iii. Embodiment of the distinctive characteristics of a type, period, method or materials of
construction, or that possess high artistic values, quality of design and craftsmanship,
or that represent an individual architect or builder's prominence or contribution to the
development of Collier County, Florida; or
iv. Location of historic or prehistoric activities such as habitation, religious, ceremonial,
burial, fortification, etc., during a particular period of time, and may maintain a sufficient
degree of environmental integrity to reflect some aspect of the relationship of the site's
original occupants to the environment; or
v. An historic or prehistoric site which has been severely disturbed but which may still
allow useful and representative data to be recovered; or
vi. Have yielded or are likely to yield information on local history or prehistory; or
Page 14
vii. Derive their primary significance from architectural or artistic distinction of historical
importance; or
viii. Is the birthplace or grave of an historical figure or is a cemetery which derives its primary
significance from graves of persons of transcendent importance, from age, distinctive
design features, or from association with historic events; or
ix. A building or structure removed from its location which is primarily significant for
architectural value, or is the surviving structure most importantly associated with an
historic period, person or event; or
x. A property primarily commemorative in intent if design, age, tradition or symbolic value
has invested it with its own historical significance; or
xi. Are listed in the National Register of Historic Places.
q. The designation of specific sites, structures , buildings , districts, and properties may be
initiated by the preservation board or by the property owner. Upon consideration of the
preservation board's report, findings, and recommendations and upon consideration of the
criteria and guidelines set forth in section 203.07 E, the Board of County Commissioners
shall approve, by resolution, or deny a petition for historic designation. The application shall
be in a form provided by the County Manager or designee. Property owners of record whose
land is under consideration for designation initiated by the preservation board shall be
provided two notices by certified mail return receipt requested, at least 30 days but no more
than 45 days prior to any hearing regarding the historic designation by the preservation board
or the board of county commissioners. The first notice shall provide all pertinent information
regarding the designation and the preservation board's scheduled meeting date to consider
the site. The second notice shall indicate when the board of county commissioners will
consider official designation of the site. Notice of public hearing shall be advertised in a
newspaper of general circulation 15 days prior to the public hearing for the Board of County
Commissioners. Each designated site, district, structure , property or building shall have a
data file maintained by the preservation board. The file shall contain at a minimum: site
location; the historical, cultural, or archaeological significance of the site; and the specific
criteria from this section qualifying the site. An official listing of all sites and properties
throughout Collier County that reflect the prehistoric occupation and historical development
of Collier County and its communities, including information, maps, documents and
photographic evidence collected to evaluate or substantiate the designation of a particular
site, structure , building , property or district shall be maintained at the Collier County
Museum. The Collier County Museum shall coordinate preservation and or restoration efforts
for any historical/archaeological designated building , structure , site, property, or district
that is donated to or acquired by Collier County for public use.
r. Issuance of certificates of appropriateness. A certificate of appropriateness shall be issued
by the preservation board for sites designated in accordance with subsection p before
issuance of permits by the county to alter, excavate, relocate, reconstruct or demolish. The
certificate of appropriateness shall be issued prior to the issuance of building, tree removal,
or demolition permits.
s. A certificate of appropriateness shall also be issued prior to the issuance of building permits
for new construction within an historical/archaeological district designated in accordance
with subsection 2.p. to ensure harmonious architectural design and to preserve the integrity
of the historical/archaeological district.
t. The application for certificate of appropriateness shall be in a form provided by the
community development services division. The completed application shall be provided to
the County Manager 20 days prior to the regular monthly meeting of the preservation board
who shall schedule the application for consideration at the next regularly scheduled meeting.
The preservation board shall meet and act upon an application for a certificate of
appropriateness within 60 days of receipt of the application from the community development
Page 15
services division. The preservation board shall approve the application, deny the application,
or approve the application with conditions.
u. Ordinary repairs and maintenance as defined in section 1.08.02 are not required to obtain a
certificate of appropriateness.
v. Criteria for issuance of a certificate of appropriateness shall be the U.S. Secretary of the
Interior's Standards for Rehabilitation, 36 CFR 67 (1983), as amended. The community
development services division shall maintain and make available to the public updated
copies of the Standards for Rehabilitation.
w. All decisions of the preservation board shall be in writing and include findings of fact. Notice
of the decision shall be provided to the applicant, and to the County Manager or designee.
x. Any party aggrieved by a decision of the preservation board may appeal the decision as
outlined in subsection gg.
y. Incentives. The following incentives may be applicable to specific sites, structures , districts,
buildings and properties designated as archaeologically or historically significant pursuant
to section o.
z. Financial assistance. Historical/archaeological designated sites, districts, structures ,
buildings , and properties as provided in section p shall be eligible for any financial
assistance set aside for historic preservation projects by the State of Florida or the federal
government, provided they meet the requirements of those financial assistance programs.
aa. Tax credits. The preservation board shall encourage and assist in the nomination of eligible
income-producing properties to the National Register of Historic Places in order to make
available to those property owners the investment tax credits for certified rehabilitations
pursuant to the Tax Reform Act of 1986 and any other programs offered through the National
Register.
bb. Building code. Historical/archaeological sites, districts, structures , buildings , and
properties designated pursuant to subsection o. may be eligible for administrative variances
or other forms of relief from applicable building codes as follows:
cc. Repairs and alterations. Repairs, alterations and additions necessary for the preservation,
restoration, rehabilitation or continued use of a building or structure may be made without
conformance to the technical requirements of the Standard Building Code when the
proposed work has been issued a certificate of appropriateness by the preservation board
and approved by the County Manager or designee, pursuant to the authority granted to the
County Manager or designee by other divisions or statutes and further provided that:
i. The restored building will be no more hazardous based on consideration of life, fire
and sanitation safety than it was in its original condition.
ii. Plans and specifications are sealed by a Florida registered architect or engineer, if
required by the building official.
iii. The County Manager or designee has required the minimum necessary correction to
be made before use and occupancy which will be in the public interest of health, safety
and welfare.
dd. Zoning ordinance. The County Manager or designee may, by written administrative decision,
approve any variance request for any designated historical/archaeological site, district,
structure , building and property pursuant to section q. which has received a certificate of
appropriateness from the preservation board for matters involving setbacks , lot width,
depth, area requirements, land development regulations, height limitations, open space
requirements, parking requirements, and other similar zoning variances not related to a
change in use of the property in question. In addition, contributing projects as defined in
section 1.08.02 are eligible for administrative zoning ordinance variances.
i. Before granting an administrative variance the County Manager or designee must find:
Page 16
a) That the variance will be in harmony with the general appearance and character
of the community.
b) That the variance will not be injurious to the area involved or otherwise detrimental
to the public health, safety or welfare.
c) That the proposed work is designed and arranged on the site in a manner that
minimizes visual impact on the adjacent properties.
ii. In granting any variances, the County Manager or designee may prescribe any
appropriate conditions necessary to protect and further the interest of the area and
abutting properties, including but not limited to:
a) Landscape materials, walls and fences as required buffering .
b) Modifications to the orientation of points of ingress and egress.
c) Modifications of site design features.
ee. Open space. Historical/archaeological resources that are to be preserved may be utilized to
satisfy required setbacks , buffer strips or open space up to the maximum area required by
development regulations. Conservation of such historic or archaeological resources shall
qualify for any open space requirements mandated by the development regulations.
ff. Density calculations. Acreage associated with historical/archaeological resources preserved
within the boundaries of a project shall be included in calculating the project's permitted
density .
gg. Appeal. Any party aggrieved by a decision or interpretation of this division made by the
County Manager or the preservation board shall have the right to appeal said interpretation,
decision or denial to the Board of County Commissioners by filing a written notice of appeal
with the County Manager within 30 working days from the date of such decision,
interpretation, or denial. The County Manager shall provide the Board of County
Commissioners with a copy of said notice of appeal. The notice of appeal shall be provided
to the applicant by certified mail, return receipt requested, and shall state the decision which
is being appealed, the grounds for the appeal, and a brief summary of the relief which is
sought. Within 30 working days of the date of filing the appeal, or the first regular county
commission meeting which is scheduled, whichever is latest in time, the Board of County
Commissioners shall hear the appeal and issue a final decision. Nothing contained herein
shall preclude the county commissioners from seeking additional information prior to
rendering a final decision.
hh. Reserved.
ii. Discovery or accidental disturbance of historical/archaeological sites and properties during
construction. If, during the course of site clearing, excavation or other construction activity,
an historic or archaeological artifact, or other indicator is found, all development within the
minimum area necessary to protect the discovery shall be immediately stopped and the
following procedures shall be followed:
a) The County Manager or designee and code enforcement shall be contacted.
b) The County Manager or designee shall officially notify the property owner/developer of
the discovery within 24 hours and shall issue a stop work order.
c) A certified archaeologist contracted by the property owner/developer shall determine
whether the discovery site requires further investigation based upon the size and
distribution of this site, depth of deposits, soil type, vegetation, and topography.
i) If the site requires further investigation, the certified archaeologist shall cordon off
the identified area, at a point ten feet from the perimeter of the discovery site.
ii) If the discovery site does not require further investigation, construction activity may
resume after authorization by a certified archaeologist.
Page 17
d) The certified archaeologist shall make recommendations for the treatment of accidental
discoveries based on standards outlined in the "Treatment of Archaeological
Properties" in accordance with 36 CFR part 800, as amended. These recommendations
shall be considered for incorporation into the applicable local development order.
e) The certified archaeologist shall expeditiously assess the cordoned-off area and
determine whether it is significant based on criteria outlined in section n.
i) If the identified area is determined to be significant, an historical/archaeological
survey and assessment shall be prepared by a certified archaeologist for the entire
project if one has not been completed as required by this division. The certified
archaeologist's recommendations derived from his survey and assessment shall
be considered for incorporation into the applicable local development order. If an
historical/archaeological survey and assessment has been prepared in
accordance with section m and section n, the recommendations shall be modified
and incorporated into the local development order to reflect the additional site(s).
ii) If the identified area is determined not to be significant, a preliminary survey of the
entire project shall be conducted by a certified archaeologist. Any sites determined
to be significant during the preliminary survey shall be subject to requirements in
section E. Construction activity within the cordoned-off area may continue after all
necessary artifacts and indicators have been recorded and upon authorization by
a certified archaeologist.
f) The certified archaeologist shall prepare a report outlining the results of his assessment
and provide a copy to the County Manager or designee. The County Manager or
designee shall provide a copy of the report to the preservation board members.
g) Land areas in close proximity to the discovery site deemed to have
historical/archaeological significance based on the criteria in section n shall be
considered by the preservation board for addition to the map of areas of
historical/archaeological probability.
jj. Discovery of historical or archeological sites and properties during site inspection. If, during
a project review site inspection, an historic or archaeological site, significant artifact, or other
indicator is found, the following procedures shall be implemented.
i. The project review staff shall cordon off the immediate area and contact the County
Manager or designee.
ii. The identified area shall be further cordoned off at a point ten feet from the perimeter
of the discovery site as identified by a certified archaeologist, contracted by the property
owner/developer.
iii. The certified archaeologist shall assess the identified area and determine whether it is
significant based on criteria outlined in subsection n.
a) If the identified area is determined to be significant, an historical/archaeological
survey and assessment for the entire project shall be prepared by a certified
archaeologist if one has not been completed as required by this division.
Recommendations derived from the historical/archaeological survey and
assessment shall be considered for incorporation into the applicable development
order. If an historical/archaeological survey and assessment has been prepared in
accordance with section E, the recommendations shall be modified and
incorporated into the local development order to reflect the additional areas.
b) If the identified area is determined not to be significant, the certified archaeologist
shall complete a preliminary survey of the entire site. Any areas determined to be
significant during the preliminary survey shall be subject to the requirements
detailed in section ii, item iii. a.
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iv. Land areas in close proximity and encompassing areas deemed to have
historical/archaeological significance based on criteria in subsection n shall be
considered by the preservation board for addition to the map of areas of
historical/archaeological probability.
v. The certified archaeologist shall prepare a report outlining the results of his assessment
and provide a copy to the County Manager or designee. The County Manager or
designee shall provide a copy of the report to the preservation board members.
kk. Willful disturbance of historical/archaeologically significant sites, districts, structures ,
buildings , and properties. Willful looting, pillaging, vandalizing or desecration, as defined
by this division, of historical/archaeologically significant sites, districts, structures ,
buildings , and properties constitutes a violation punishable as described in subsection oo.
ll. Willful disturbance of an unmarked burial or burial site. It is a violation of section E. for any
person to willfully and knowingly disturb an unmarked burial or burial site, or destroy,
mutilate, deface, injure or remove any burial mound, earthen or shell monument containing
human skeletal remains or associated burial artifacts or other structures or items placed or
designed for a memorial, or to disturb the contents of a tomb or grave or for any person to
have knowledge that an unmarked human burial is being disturbed, vandalized, or damaged
and to fail to notify the local law enforcement agency with jurisdiction in the area. Such
actions may also be punishable as a felony pursuant to F.S. ch. 872, as amended.
mm. Appeals. Any party aggrieved by a decision or interpretation of this regulation made by the
County Manager or the preservation board shall have the right to appeal said interpretation,
decision or denial to the Board of County Commissioners by filing a written notice of appeal
with the County Manager within 30 working days from the date of such decision,
interpretation, or denial. The County Manager shall provide the Board of County
Commissioners with a copy of said notice of appeal. The notice of appeal shall be provided
to the applicant by certified mail, return receipt requested, and shall state the decision which
is being appealed, the grounds for the appeal, and a brief summary of the relief which is
sought. Within 30 working days of the date of filing the appeal, or the first regular county
commission meeting which is scheduled, whichever is latest in time, the Board of County
Commissioners shall hear the appeal and issue a final decision. Nothing contained herein
shall preclude the county commissioners from seeking additional information prior to
rendering a final decision.
nn. Jurisdiction. Section E. shall apply to all unincorporated areas of Collier County, Florida.
oo. Penalties. A violation of the provisions of section E. shall constitute a misdemeanor and shall
be prosecuted in the name of the state in the county court by the prosecuting attorney, and
upon conviction shall be punishable by civil or criminal penalties including a fine of not more
than $500.00 per violation per day for each day the violation continues or whatever
reasonable amount as a judge may feel appropriate and including a requirement that any
work or development performed contrary to section E must be removed and the property
returned to its condition at commencement of said action. The Board of County
Commissioners shall have the power to collaterally enforce the provisions of section E. by
appropriate judicial writ or proceeding notwithstanding any prosecution as a misdemeanor.
State Law reference— Penalty for ordinance violations, F.S. § 125.69.
F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).
1. The provisions of the "GGPPOCO" district are intended to provide Golden Gate City with a viable
professional office commercial district. The professional office commercial district has two (2)
purposes. (1), to serve as a bonafide entry way into Golden Gate City. (2), to provide a community
focal point and sense of place. The uses permitted within this district are generally low intensity,
office development which minimize vehicular traffic, provide suitable landscaping, control ingress
and egress, and ensure compatibility with abutting residential districts.
Page 19
2. These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa
Barbara Boulevard and extending eastward to 52nd Terrace S.W. in Golden Gate City as
measured perpendicularly from the abutting right-of-way for a distance of approximately 3,600
feet more or less and consisting of approximately 20.84 acres. These properties are identified on
Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other
use, dimensional, and development requirements shall be as required in the underlying zoning
categories.
a. Permitted Uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Architectural services (8712).
5. Auditing (8721).
6. Banks and credit Unions (6021-6062).
7. Bookkeeping services (8721).
8. Business associations (8611).
9. Business consulting services (8748).
10. Business credit institutions (6153—6159).
11. Commercial art and graphic design (7336).
12. Commercial photography (7335).
13. Computer programming services (7371).
14. Computer programming, processing, data preparation, information retrieval, facilities
management, and miscellaneous services (7371, 7374—7376, 7379).
15. Credit reporting services (7323).
16. Direct mail advertising services (7331).
17. Eating places (5812 except carry-out restaurants; contract feeding; dinner theaters;
drive-in and drive-through restaurants; fast food restaurants, carry-out; restaurants,
fast-food; submarine sandwich shops).
18. Employment Agencies (7361).
19. Engineering services (8711).
20. Health services, offices and clinics (8011—8049).
21. Holding and other investment offices (6712—6799).
22. Insurance carrier, agents and brokers (6311—6399, 6411).
23. Legal services (8111).
24. Loan brokers (6163).
25. Management services (8741—8742).
26. Mortgage bankers and loan correspondents (6162).
27. Museums and art galleries (8412).
28. Personal credit institutions (6141).
29. Photographic studios, portrait (7221).
Page 20
30. Professional Membership organizations (8621).
31. Public administration (9111—9199, 9229, 9311, 9411—9451, 9511—9532, 9611—
9661).
32. Public relations services (8743).
33. Radio, television and publishers advertising representatives (7313).
34. Real estate (6512—6514, 6519, 6531—6553).
35. Research, development and testing services (8732).
36. Secretarial and court reporting services (7338).
37. Security and commodity brokers, dealers, exchanges, and services (6211—6289).
38. Surveying services (8713).
39. Tax return preparation services (7291).
40. Travel agencies (4724).
41. Veterinary services (0742, excluding outside kenneling).
42. Any other commercial use or professional service which is comparable in nature with
the foregoing uses.
b. Accessory Uses .
1. Uses and structures that are accessory and incidental to the permitted uses.
3. For signage to be located along the Golden Gate Parkway, see sections 5.06.00 the Collier
County Sign Code and the Golden Gate Master Plan.
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct
subdistricts for the purpose of establishing development criteria suitable for the unique land use needs
of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated
on the maps below.
Page 21
Page 22
1. State Road 29 Commercial Overlay Subdistrict: Special conditions for the properties abutting
SR-29, as identified in the Immokalee Area Master Plan; referenced on Map 2; and further
identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas
Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities,
and highway commercial uses that serve the needs of the traveling public. These commercial
uses must be located on a major arterial or collector roadway . The provisions of this subdistrict
are intended to provide an increased commercial depth along SR-29 with development
standards that will ensure coordinated access and appropriate landscaping and buffering
compatible with nearby residential properties.
Page 23
2. Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the properties abutting
Jefferson Avenue as identified in the Immokalee Area Master Plan; referenced on Map 3; and
further identified by the designation "JACOSD" on the applicable official Collier County Zoning
Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging
facilities and highway commercial uses that serve the needs of the traveling public. These
commercial uses must be located on a major arterial or collector roadway . The provisions of
Page 24
this subdistrict are intended to provide an increased commercial opportunity along Jefferson
Avenue with development standards that will ensure coordinated access and appropriate
landscaping and buffering to be compatible with nearby residential properties.
3. Farm Market Overlay Subdistrict: Special conditions for the properties identified on Map 4; and
further identified by the designation "FMOSD" on the applicable official Collier County Zoning
Atlas Maps. The purpose of this designation is to provide for wholesale and retail uses, outdoor
agricultural product displays and sales areas, truck parking, and packing houses and
associated uses. The provisions of this subdistrict are intended to provide retail and wholesale
opportunities for agricultural businesses as well as provide truck parking for agricultural sales but
not within roadways and rights-of-way . The development standards contained herein have been
designed to enhance and encourage development and redevelopment.
a. Permitted uses: All permitted uses within the underlying zoning districts, and the following
uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as
a right in this sub-district.
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1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales. Outdoor sales of agricultural products are permitted on
improved or unimproved properties provided the applicant submits a site development
plan which demonstrates that provisions will be made to adequately address the
following:
i. Vehicular and pedestrian traffic safety measures.
ii. Parking for undeveloped properties will be calculated at a rate of 1/250 square feet
of merchandise area. A maximum of ten (10) percent of the parking required by
section 4.05.04 of this LDC may be occupied or otherwise rendered unusable by
the placement of temporary structures , equipment, signs , and merchandise.
The minimum number of disabled parking spaces pursuant to section 4.05.07 shall
be required.
iii. Limited hours of operation.
iv. Fencing, lighting.
v. Fire protection measures.
vi. Sanitary facilities.
vii. The applicant shall provide a notarized letter from the property owner granting
permission to utilize the subject property for agricultural outdoor sales.
viii. The placement of one (1) sign , a maximum of thirty-two (32) square feet, or two
(2) such signs for properties containing more than one (1) street frontage shall
be permitted.
ix. Agricultural products may be sold from a vehicle provided that the vehicle is not
located in the road right-of-way .
x. Agricultural products may be displayed within any front yard provided it does
not adversely affect pedestrian or vehicular traffic or public health or safety and is
not located within the road rights-of-way .
xi. A minimum 5-foot landscape buffer shall be required adjacent to any road rights-
of-way .
4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products
Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only)
provided:
i. Separation requirements: There shall be a minimum distance of 500 linear feet
between the nearest points on any lot or parcel of land containing such proposed
operations, and any lot or parcel which is already occupied by such operation, of
for which a building permit has been issued.
ii. Waiver of separation requirements: The board of zoning appeals may by resolution
grant a waiver of part or all of the minimum separation requirements set forth above
pursuant to section 10.08.00.
iii. Separation from residentially zoned lands: There shall be a minimum distance of
500 linear feet from all residentially zoned land.
iv. Maximum lot area: Two acres.
c. Accessory uses:
1. Uses and structures that are accessory and incidental to the permitted uses.
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4. Agribusiness Overlay Subdistrict. Special conditions for the properties identified on Map 5; and
further identified by the designation "AOSD" on the applicable official Collier County Zoning Atlas
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Maps. The purpose of this designation is to provide for wholesale uses and agricultural packing
houses and associated uses. The provisions of this subdistrict are intended to provide additional
lands for agricultural related businesses and expansion opportunities for existing agribusiness.
The development standards contained herein have been designed to permit consistent land uses
within the AOSD boundary.
a. Permitted uses: All permitted uses within the underlying zoning districts, and the following
uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as
a right in this sub-district.
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
b. Accessory uses .
1. Uses and structures that are accessory and incidental to the permitted uses.
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Page 29
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee
Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on
the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to
encourage development and redevelopment by enhancing and beautifying the downtown Main
Street area through flexible design and development standards.
a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for
properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted
uses within the uses within the underlying zoning districts contained within this Subdistrict,
and the following uses may be permitted as of right in this Subdistrict:
1. Hotel and motels (7011)
2. Communication towers, as defined in section 5.05.09, subject to the following:
i. Such tower is an essential service use as defined by subsection 2.01.03 A.4; and
ii. Such tower may not exceed a height of 75 feet above grade including any antennas
attached thereto.
b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all
permitted uses within the underlying zoning districts contained within this Subdistrict, and
the following uses are permitted as of right in this Subdistrict:
1. All uses allowed in the Commercial Professional District (C-1), of this Code, except for
group 7521.
2. Communication towers, as defined in section 5.05.09 subject to the following:
i. Such tower is an essential service use as defined by subsection 2.01.03 A.4; and
ii. Such tower may not exceed a height of 75 feet above grade including any antennas
attached thereto.
c. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning
districts contained within this Subdistrict, and the following uses, shall be prohibited on
properties with frontage on Main Street in between First Street and Ninth Street in the Main
Street Overlay Subdistrict:
1. Automobile parking (7521).
2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599).
3. Facility with fuel pumps .
4. Primary uses such as convenience stores and grocery stores are prohibited from
servicing and repairing vehicles in conjunction with the sale of gasoline.
5. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542).
6. Radio and television repair shops (7622 automotive).
7. Outdoor storage yards and outdoor storage.
8. Drive-through areas.
9. Warehousing (4225).
10. Communication towers , as defined in section 5.05.09 of this Code, except as otherwise
permitted in this Subdistrict.
11. Any other heavy commercial use which is comparable in nature with the forgoing uses
and is deemed inconsistent with the intent of this Subdistrict shall be prohibited.
d. Accessory uses.
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1. Uses and structures that are accessory and incidental to the permitted uses as of right
in the underlying zoning districts contained within this subdistrict and are not otherwise
prohibited by this subdistrict.
2. Communication towers, as defined in section 5.05.09 subject to the following:
i. Such tower is an essential service use as defined by subsection 2.01.03 A.4.; and
ii. Such tower may not exceed a height of 75 feet above grade including any antennas
attached thereto.
e. Conditional uses.
1. Conditional uses of the underlying zoning districts contained within the subdistrict,
subject to the standards and procedures established in section 10.08.00 and as set
forth below:
i. Local and suburban passenger transportation (4131, 4173) located upon
commercially zoned properties within the Main Street Overlay Subdistrict.
ii. Communication towers, as defined in section 5.05.09 of this Code for essential
service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet
above grade including any antennas attached thereto.
iii. The following conditional uses may be permitted only on properties with frontage
on North First Street, South First Street, and North Ninth Street within the Main
Street Overlay Subdistrict:
a. Automobile parking (7521).
b. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599).
c. Facility with fuel pumps .
d. Automotive repair, services, parking (7514, 7515, 7521) and carwashes
(7542).
e. Radio and television repair shops (7622 automotive).
f. Outdoor storage yards and outdoor storage.
g. Drive-through areas.
h. Warehousing (4225).
i. Communication towers , as defined in LDC section 5.05.09, except as
otherwise permitted in this Subdistrict.
j. Any other heavy commercial use which is comparable in nature with the
foregoing uses and is deemed consistent with the intent of this Subdistrict.
f. Special requirements for outdoor display and sale of merchandise.
i. Outdoor display and sale of merchandise, within the front and side yards on improved
properties, are permitted subject to the following provisions:
a) The outdoor display/sale of merchandise is limited to the sale of comparable
merchandise sold on the premises and is indicated on the proprietors' occupational
license.
b) The outdoor display/sale of merchandise is permitted on improved commercially
zoned properties and is subject to the submission of a site development plan that
demonstrates that provisions will be made to adequately address the following:
i) Vehicular and pedestrian traffic safety measures.
ii) Location of sale/display of merchandise in relation to parking areas.
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iii) Fire protection measures.
iv) Limited hours of operation from dawn until dusk.
ii. Outdoor display and sale of merchandise within the sidewalk area only shall be
permitted in conjunction with "Main Street " approved vendor carts, provided the
applicant submits a site development plan which demonstrates that provisions will be
made to adequately address the following:
a) Location of sale/display of merchandise in relation to road rights-of-way ;
b) Vendor carts are located on sidewalks that afford the applicant a five (5) foot
clearance for non-obstructed pedestrian traffic; and
c) Limited hours of operation from dawn until dusk.
Map 7 - Main Street Overlay Subdistrict
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special conditions for
these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on
October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the
land development code, and are located within the Immokalee Urban Boundary as depicted on
the Immokalee Area Master Plan.
a. Purpose and intent. The purpose of these provisions is to recognize that there are
nonconforming mobile homes on properties in the Immokalee Urban Area and to establish
a process to provide property owners an official record acknowledging the permitted use of
the property and render existing mobile homes, and other structures, as lawful. Travel
trailers, regardless of the square footage, are not permitted as a permanent habitable
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structure and may not seek relief under this section. Properties that cannot meet the
requirements may pursue an agreement with the Board of County Commissioners to
establish compliance with this LDC section 2.03.07 G.6.
b. Application requirements. Property owners shall file an application as provided for in the
Administrative Code, Chapter 4, Section I.3.a. - Immokalee Nonconforming Mobile Home
Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria,
requirements, and process expressly stated in the Administrative Code and this LDC section.
c. Criteria for review. The following criteria shall apply to the existing conditions site
improvement plan approval process and shall be reviewed by the County Manager or
designee.
i. Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-
42.0041 Fire Separation Requirements.
ii. The District Fire Official shall provide written confirmation that either an existing fire
hydrant or a supplemental apparatus, provided by the Fire District, is adequate for fire
protection.
iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 through 6.1.2).
d. Density . Once the existing conditions site improvement plan is approved, owners may
replace mobile home units with an approved building permit at sites shown on the site plan.
Replacement units may be larger than the removed unit, so long as the minimum separation
standards established in LDC section 2.03.06 G.6.c.i are met.
i. Where properties currently exceed the density allowed for by the zoning district, the
approved existing conditions site improvement plan shall establish the maximum
density on the property which shall not exceed the density of the property as depicted
on the Property Appraiser aerial maps dated before February 2016. All lots and units
shall be consistent with the approved existing conditions site improvement plan.
ii. Where the zoning district allows for additional density , new mobile home units may
be added and shall be identified on the site plan. New mobile homes shall be subject
to the dimensional standards established in LDC section 4.02.33.
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District may request
deviations from specific dimensional requirements as described in this section. A deviation
request may be reviewed administratively or by the Planning Commission depending upon its
scope. This section addresses the permissible deviations, limitations thereon, and the review
process.
a. Review Process. Insubstantial deviations will be reviewed administratively by the County
Manager or designee. Substantial deviations will be reviewed by the Planning Commission.
This section is not intended to replace the current established process of requesting
deviations through the PUD rezoning process. Any deviations from the LDC which are not
expressly provided for in this section shall be processed as variances in accordance with
Section 9.04.00 of the LDC.
b. Concurrent Deviation Application required. All deviation requests shall be made concurrently
with an application for an SDP or amendment, SIP or amendment or Final Subdivision Plat,
or in the case of sign deviations, with a building permit. The applicant shall list all requested
deviations on the required site plan(s), and shall depict the deviation(s) graphically on the
plan(s). Additional graphic information may also be required by staff, on a case-by case
basis.
c. Insubstantial Deviations. Requested deviations that do not exceed 10 percent of the required
dimension, amount, size, or other applicable dimensional standard, with the exception of the
required number of parking spaces, which may not exceed 20 percent of the LDC
requirement (not more than 10 spaces), are insubstantial. To be approved, the following
criteria must be considered:
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i. The proposed deviation is compatible with adjacent land uses and structures ,
achieves the requirements of the regulations as closely as is practicable, and meets the
intent of the related Land Development Code regulations; and
ii. The applicant proposes equitable tradeoffs for the proposed diminution in
development standards, such as increased open space , landscaping, pedestrian
spaces, buffering or architectural features, in order to meet the intent of the regulation
being diminished.
d. Substantial Deviations. Requested deviations that do not qualify as insubstantial deviations
are substantial deviations:
i. Considerations for Review and Approval: The CCPC shall consider the following:
a) Whether or not the proposed deviation is compatible with adjacent land uses and
achieves the requirements and/or intent of the regulations as closely as is
practicable; and
b) Whether the proposed deviation is the minimum amount necessary to allow for
reasonable use of the property and/or address the issue necessitating the
deviation request; and
c) Whether the reduced or increased standard requested by the deviation is mitigated
for, either on the subject site or by providing a public benefit on the subject site.
Examples of such on-site mitigation include but are not limited to: increasing
setbacks from the adjacent road right-of-way when proposing to deviate from
sign size limitations; increasing plantings or planting sizes or installing a fence or
wall where a reduced buffer width is proposed; providing public pedestrian and/or
bicycle pathway easements or other similar mobility improvements including
transit enhancements; providing public parking; providing beautification in the
public realm, including street trees, street furniture, lighting and other similar
public benefits.
e. Applicability - List of Development Standards Eligible for Deviation Requests. Property
owners shall be eligible to seek a deviation from the dimensional requirements of the
following Code provisions, unless otherwise noted.
i. 2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii.
ii. 2.03.03 Commercial Zoning Districts, limited to the following subsections:
a) A.1.c.11.vii. limited to a maximum of three stories , viii., and ix.; and
b) E.1.c.4.iv.
iii. 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area
only.
iv. 3.05.07 B.1 Preservation Standards, Specific Standards Applicable Outside the RMFU
and RLSA districts, Required Preservation Percentages (Table 1 inset).
v. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts:
a) Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts;
b) Table 2. Building Dimension Standards for Principal Uses in Base Zoning
Districts, excluding building height and in the case of commercial parcels , no
deviation shall be granted, for new development , from the required 50-foot
building setback when abutting residentially zoned properties, or from the
minimum 10-foot wide landscaped strip between the abutting road right-of-way
and the off-street parking area for new development , but deviations from these
requirements may be considered in the case of redevelopment where existing
structures and/or encroachments are proposed to remain;
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c) Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning
Districts.
vi. 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts, limited to subsection E (Table Inset), except building height.
vii. 4.02.03 A Specific Standards for Location of Accessory Buildings and Structures ,
Dimensional Standards (Tables 3 and 4), except that in the case of new development
on commercial parcels, no deviation shall be granted from the required 50-foot building
setback when abutting residentially zoned properties, or from the minimum 10-foot
wide landscaped strip between the abutting road right-of-way and the off-street
parking area. Deviations from these requirements may be considered in the case of
redevelopment where existing structures and/or encroachments are proposed to
remain.
viii. 4.02.03 B Accessory Building Lot Coverage.
ix. 4.02.27 C Specific Design Standards for the Immokalee—State Road 29A Commercial
Overlay Subdistrict, Building Design Standards.
x. 4.02.28 A Same—Jefferson Avenue Commercial Overlay Subdistrict, Building Design
Standards.
xi. 4.02.29 A Same—Farm Market Overlay Subdistrict, Dimensional Standards.
xii. 4.02.32 Same—Main Street Overlay Subdistrict, limited to the following subsections:
A.; C.1; D.3 and D.4; and E.1, E.2, and E.3.
xiii. 4.05.04 H (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements,
utilizing the existing administrative deviation process set forth in LDC section 4.05.04
G.2., recognizing that the reduced need for off-street parking in Immokalee may be
offered as a viable basis for such administrative deviation.
xiv. 4.06.02 C Buffer Requirements (limited to required width) except that in the case of
new development on commercial parcels , no deviation shall be granted from the
required 50-foot building setback when abutting residentially zoned properties, or
from the minimum 10-foot wide landscaped strip between the abutting road right-of-
way and the off-street parking area. Deviations from these requirements may be
considered in the case of redevelopment where existing structures and/or
encroachments are proposed to remain.
xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and Rights-of-Way ,
Standards for Landscaping in Vehicular Use Areas.
xvi. 4.06.05 B General Landscaping Requirements, Landscaping requirements for industrial
and commercial development , limited to subsection B.3.
xvii. 4.06.05 C General Landscaping Requirements, Building Foundation Planting
Requirements (including Table Inset).
xviii. 5.05.08 C Architectural and Site Design Standards, Building Design Standards.
Deviations from non-dimensional provisions of this section are also allowed as
substantial deviations.
xix. 5.05.08 D Design Standards for Specific Uses. Deviations from non-dimensional
provisions of this section are also allowed as substantial deviations.
xx. 5.05.08 E Architectural and Site Design Standards, Site Design Standards, limited to
subsections 1.b; 2; 3; 4; 5 and 7. Deviations from non-dimensional provisions of this
section are also allowed as substantial deviations. Note: Nothing in LDC section
5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use
of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay
District, provided that: 1) such murals are reviewed and accepted by the Collier County
Page 35
Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of
advertising any business or commercial activity.
xxi. 5.06.04 Development Standards for Signs in Nonresidential Districts, limited to
subsection F.
f. Duration of these provisions. These provisions are interim in nature and will be in effect until
the effective date of Comprehensive Immokalee Overlay LDC amendments.
g. Public Notice. Public notice, including signage, notice to property owners and an advertised
public hearing, is required for substantial deviation requests and shall be provided in
accordance with the applicable provisions of Section 10.03.05 B, for Variances.
h. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner
or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant
to Section No. 250-58 of the Codes of Laws and Ordinances.
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties abutting the
east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., as referenced in the
Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is
referenced as figure 2.03.07 H. below.
1. The purpose and intent of this district is to provide Golden Gate City with additional opportunities
for small scale commercial development to serve the surrounding neighborhoods and those
traveling nearby. This district is intended to: contain low intensity uses which generate/attract
relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby
residential areas; be architecturally designed so as to be compatible with nearby residential areas;
and limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara
Boulevard.
2. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease
in compliance with parking requirements and other development standards.
3. In order to reduce the potential conflicts that may result from residential and commercial uses
being located in this district, existing residential uses, other than owner-occupied dwellings , are
required to cease to exist within a specified time period. This does not require the removal of the
residential structures if they can be, and are, converted to uses permitted in this district.
4. These regulations apply to properties abutting the east side of Santa Barbara Boulevard and the
west side of 55th Terrace S.W., lying north of 27th Court S.W. and south of 22nd Place S.W., all
in Golden Gate City, and consisting of approximately twenty-two (22) acres. These properties are
identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation,
all other use, dimensional, and development requirements shall be as required or allowed in the
underlying zoning categories.
5. Sidewalks . Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic.
Adjacent projects shall coordinate the location and intersection of sidewalks .
Page 36
Figure 2.03.07 H.
6. The following uses, as identified within the latest edition of the Standard Industrial Classification
Manual, or as otherwise provided for within this section, are permitted as of right, or as uses
accessory to permitted primary or secondary uses, or are conditional uses within the Santa
Barbara Commercial Overlay District.
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Amusement and recreation services (7999, bicycle and moped rental only).
5. Animal specialty services, except veterinary (0752, dog grooming and pedigree record
services only) excluding outside kenneling.
6. Apparel and accessory stores (5611-5699).
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7. Architectural services (8712).
8. Auditing (8721).
9. Auto and home supply stores (5531).
10. Banks, credit unions and trusts (6011-6099).
11. Barber shops (7241).
12. Beauty shops (7231).
13. Bookkeeping services (8721).
14. Business associations (8611).
15. Business consulting services (8748).
16. Business credit institutions (6153-6159).
17. Child day care services (8351).
18. Civic, social and fraternal associations (8641).
19. Commercial art and graphic design (7336).
20. Commercial photography (7335).
21. Computer and computer software stores (5734).
22. Computer programming, data processing and other services (7371-7379).
23. Credit reporting services (7323).
24. Crematories (7261).
25. Dance studios, schools and halls, (7911).
26. Department stores (5311).
27. Direct mail advertising services (7331).
28. Drug stores (5912).
29. Eating places (5812, except contract feeding, dinner theaters, food service -
institutional, industrial feeding).
30. Educational services.
31. Electrical and electronic repair shops, miscellaneous (7629 - except aircraft, business
and office machines, large appliances, and white goods such as refrigerators and
washing machines).
32. Engineering services (8711).
33. Federal and federally-sponsored credit agencies (6111).
34. Food stores (5411 - except supermarkets, 5421-5499).
35. Funeral service (7261).
36. Garment pressing, and agents for laundries and drycleaners (7212).
37. General merchandise stores (5331-5399).
38. Glass stores (5231).
39. Group care facilities (category I and II, except for homeless shelters); care units ,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04.
Page 38
40. Hardware stores (5251).
41. Health services, offices and clinics (8011-8049)
42. Home furniture and furnishings stores (5713—5719).
43. Home health care services (8082).
44. Insurance carriers, agents and brokers (6311—6399, 6411).
45. Labor unions (8631).
46. Landscape architects, consulting and planning (0781).
47. Laundries and dry cleaning, coin operated - self service (7215).
48. Legal services (8111).
49. Loan brokers (6163).
50. Management services (8741, 8742).
51. Membership organizations, miscellaneous (8699).
52. Mortgage bankers and loan correspondents (6162).
53. Museums and art galleries (8412).
54. Musical instrument stores (5736).
55. Paint stores (5231).
56. Personal credit institutions (6141).
57. Personnel supply services (7361 & 7363).
58. Photocopying and duplicating services (7334).
59. Photofinishing laboratories (7384).
60. Photographic studios (7221).
61. Physical fitness facilities (7991).
62. Political organizations (8651).
63. Professional membership organizations (8621).
64. Public administration (9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661).
65. Public relations services (8743).
66. Radio, television and consumer electronics stores (5731).
67. Radio, television and publishers advertising representatives (7313).
68. Real estate (6521-6541).
69. Record and prerecorded tape stores (5735).
70. Religious organizations (8661).
71. Retail services, miscellaneous (5912, 5942-5961, 5992-5999).
72. Retail nurseries, lawn and garden supply stores (5261).
73. Secretarial and court reporting services (7338).
74. Security and commodity brokers, dealer, exchanges and services (6211—6289).
75. Shoe repair shops and shoeshine parlors (7251).
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76. Social services, individual and family (8322 - activity centers, elderly or handicapped;
adult day care centers; and, day care centers, adult and handicapped only).
77. Social services, not elsewhere classified (8399).
78. Surveying services (8713).
79. Tax return preparation services (7291).
80. United State Postal Service (4311 except major distribution center.)
81. Veterinary services (0742 veterinarian's office only, excluding outdoor kenneling.)
82. Videotape rental (7841).
83. Wallpaper stores (5231).
84. Watch, clock and jewelry repair (7631).
b. Prohibited uses.
1. Gasoline service stations (5541).
I. Bayshore Mixed Use Overlay District (BMUD). This section provides special conditions for the
properties adjacent to Bayshore Drive as identified by the designation "BMUD" on the applicable
official Collier County Zoning Atlas Map or map series.
1. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the
Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian-
oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity,
including a mix of residential, civic and commercial uses that complement each other and provide
for an increased presence and integration of the cultural arts and related support uses. When
possible buildings , both commercial and residential, are located near the street , and may have
front porches and/or balconies.
2. Applicability.
a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified by
the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps.
b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with
Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary
changes to these PUDs and Provisional Use properties, are not subject to the Bayshore
Overlay District requirements.
3. Relationship to the Underlying Zoning Classification and Collier County Growth Management
Plan.
a. The purpose of the BMUD is to fulfill the goals, objectives and policies of the Collier County
Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements
the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the
Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use
Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County
GMP. Development in the activity center is governed by requirements of the underlying
zoning district and the mixed use activity center subdistrict requirements in the FLUE, except
for site development standards as stated in section 4.02.16 of the LDC.
b. Property owners within the BMUD may establish uses, densities and intensities in
accordance with the LDC regulations of the underlying zoning classification, or may elect to
develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either
instance, the BMUD site development standards as provided for in section 4.02.16 shall
apply.
4. Bayshore Mixed Use District (BMUD) Subdistricts.
Page 40
a. The BMUD consists of the following subdistricts:
i. Neighborhood Commercial Subdistrict (BMUD-NC). The purpose and intent of this
subdistrict is to encourage a mix of low intensity commercial and residential uses,
including mixed use projects in a single building . This subdistrict provides for an
increased presence and integration of the cultural arts and related support uses,
including galleries, artists' studios, and live-work units . Developments will be human-
scale and pedestrian-oriented.
ii. Waterfront Subdistrict (BMUD-W). The purpose of this subdistrict is to encourage a mix
of low intensity commercial and residential uses and allow maximum use of the
waterfront for entertainment while enhancing the area for use by the general public.
Development in this subdistrict is intended to allow a mix of residential and commercial
uses including limited marina and boatyard uses.
iii. Residential Subdistrict 1 (BMUD-R1). The purpose of this subdistrict is to encourage
the development of a variety of housing types which are compatible with existing
neighborhoods and allow for building additions such as front porches. The intent in
new development is to encourage a traditional neighborhood design pattern and create
a row of residential units with uniform front yard setbacks and access to the street .
iv. Residential Subdistrict 2 (BMUD-R2). The purpose of this subdistrict is to allow for a
variety of housing types and encourage the development of multi-family residences as
transitional uses between commercial and single-family development . The multi-
family buildings shall be compatible with the building patterns of traditional
neighborhood design.
v. Residential Subdistrict 3 (BMUD-R3). The purpose of this subdistrict is to allow for a
variety of housing types and encourage the development of townhouses and single-
family dwellings . All new development in this subdistrict shall be compatible with the
building patterns of traditional neighborhood design.
vi. Residential Subdistrict 4 (BMUD-R4). The purpose of this subdistrict is to protect the
character of existing neighborhoods comprised of detached single-family dwelling
units, while allowing for building additions such as front porches.
b. Use Categories and Table of Uses.
i. All uses permitted in the BMUD subdistricts have been divided into 9 general
categories, which are summarized below:
a) Residential: Premises available for long-term human habitation by means of
ownership and rental, but excluding short-term leasing or rental of less than one
month's duration.
b) Lodging: Premises available for short-term human habitation, including daily and
weekly rental.
c) Office and Service: Premises available for the transaction of general business and
the provision of services, but excluding retail sales and manufacturing, except as
a minority component.
d) Retail and Restaurant : Premises available for the commercial sale of
merchandise, prepared foods, and food and drink consumption, but excluding
manufacturing.
e) Entertainment and Recreation: Premises for the gathering of people for purposes
such as arts and culture, amusement, and recreation.
f) Manufacturing, Wholesale and Storage: Premises available for the creation,
assemblage, storage, and repair of items including their wholesale or retail sale.
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g) Civic and Institutional: Premises available for organizations dedicated to religion,
education, government, social service, and other similar functions.
h) Infrastructure: Uses and structures dedicated to transportation, communication,
information, and utilities, including Essential Services .
ii. Interpretation of the Table of Uses.
a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A);
conditional uses (CU), or a combination of the three. Blank cells indicate that a
use is not allowed in the corresponding subdistrict; however, such use may be
permitted by the underlying zoning designation.
b) Any use not listed in the Table of Uses is prohibited unless the County Manager
or designee may determine that it falls within the same class as a listed use through
the process outlined in LDC section 1.06.00, Rules of Interpretation.
c) Mixed Use Projects shall be limited to the permitted, accessory and conditional
uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP
approval process as outlined in Section 10.02.15. All other projects may elect to
establish uses, densities and intensities in accordance with their underlying zoning
or in accordance with the Overlay Subdistrict. However, all projects must comply
with site development standards as provided in section 4.02.16.
iii. Table of Uses.
Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts
USE TYPE
BMUD SUBDISTRICTS
ADDITIONAL STANDARDS RESIDENTIAL MIXED
USE
R1 R2 R3 R4 NC W
a) RESIDENTIAL
1) Dwelling, Single-Family P P P P P
2) Dwelling, Duplex P P P
3) Dwelling, Two-Family P P P P P
4) Dwelling, Rowhouse P P P P P
5) Dwelling, Multi-Family (3 or more) P P P P P
6) Dwelling, Mobile Home P*
*If allowed by underlying
zoning
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7) Home Occupations A A A A A A 5.02.03
8) Live-Work Units CU P P 4.02.16 C.6.
9) Artist Village CU CU CU P P 4.02.16 C.3.
b) LODGING
1) Bed & Breakfast Facilities CU CU CU 4.02.16 C.4.
2) Hotels and Motels P P
c) OFFICE/SERVICE
1) Banks, Credit Unions, Financial
Services P
2) Business Support Services P P
3) Child Care Services CU CU CU CU CU
4) Community Service Organization P P
5) Drive Thru Service (banks)
6) Government Services P P
7) Family Care Facility/Nursing Home P P
8) Medical Services - Doctor Office P P
9) Medical Services - Outpatient/Urgent
Care P
10) Personal Care Services P P
11) Post Office P P
12) Professional Office or Service P P
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13) Rental Services - Equipment/Vehicles P P
14) Studio - Art, Dance, Martial Arts,
Music P P
15) Studio - Motion Picture CU
16) Vehicle Services -
Maintenance/Repair
17) Veterinarians Office P P
18) Video Rental P P
d) RETAIL/ RESTAURANTS
1) Auto Parts Sales
2) Bars/Tavern/Night Club P P
3) Drive Thru Retail/ Restaurant
4) Gas Station with Convenience Store P P 5.05.05
5) Neighborhood Retail - <2,000 sf P P
6) General Retail - <15,000 sf P P
7) General Retail - >15,000 sf CU CU
8) Restaurant P P
9) Shopping Center CU CU
10) Vehicle/Boat/Heavy Equipment Sales CU 4.02.16 C.7.
e) ENTERTAINMENT/RECREATION
1) Gallery / Museum P P
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2) Meeting Facility P P
3) Cultural or Community Facility P P
4) Theater, Live Performance P P
5) Theater, Movie CU CU
6) Recreation Facility, Indoor P P
7) Recreation Facility, Outdoor CU CU
8) Amusements, Indoor P P
9) Amusements, Outdoor CU CU
10) Community Garden P P P P P P 4.02.16 C.5.
f) MANUFACTURING/WHOLESALE/STORAGE
1) Laboratory - Medical, analytical,
research P
2) Laundries and Dry Cleaning P
3) Media Production P
4) Metal Products Fabrication P
5) Mini-Warehouses
6) Repair Shops P P
7) Research and Development P P
8) Storage - Outdoor A 4.02.16 C.9.
9) Storage - Warehouse
g) CIVIC INSTITUTIONAL
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1) College/University P P
2) Educational Plant P P P P P P
3) Hospital
4) Membership Organizations P P
5) Public Safety Facility CU CU
6) Religious Institution CU CU CU CU CU CU
7) Schools - Elementary and Secondary
8) Schools - Vocational and Technical
h) INFRASTRUCTURE
1) Automobile Parking Facilities CU
2) Boat Launch A
3) Essential Services P P P P P P
4) Marinas and Boatyards P P 4.02.16 C.7.
5) Transit Station
6) Wireless Telecommunication Facility
Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU),
or a combination of the three.
Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be
permitted by the underlying zoning designation.
Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-
NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15.
All other projects may elect to establish uses, densities and intensities in accordance with their underlying
zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site
development standards as provided in section 4.02.16.
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J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will
assure the orderly and appropriate development in the unincorporated area generally known as
Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction
under which the growth and development of Goodland can occur with assurance that the tropical
fishing village and small town environment of Goodland is protected and preserved, and that
development and/or redevelopment reflect the unique residential and commercial characteristics of
the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1
below.
GZO - Map 1
1. Permitted uses. The following uses are permitted as of right in this subdistrict:
a. Clam nursery, subject to the following restrictions:
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i. A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through
saltwater system" on the shore of a lot until the clam reaches a size of approximately
one-half inch.
ii. For the purposes of this section, a "raceway" or "flow-through salt water system" is
defined as a piece of plywood or similar material fashioned as a table-like flow through
system designed to facilitate the growth of clams.
iii. At no time may a nursery owner operate a raceway or raceways that exceed a total of
800 square feet of surface area.
iv. The nursery must meet the requirements of a "minimal impact aquaculture facility" as
defined by the Department of Agriculture.
v. The nursery must not be operated on a vacant lot , unless both of the following
requirements are met:
a) The vacant lot is owned by the same individual who owns a lot with a residence
or habitable structure immediately adjacent to the vacant lot ; and
b) The vacant lot must not be leased to another individual for purposes of operating
a clam farm within the RSF-4 and VR zoning districts.
vi. At no time will a nursery owner be allowed to feed the clams, as the clams will be
sustained from nutrients occurring naturally in the water.
vii. Only the property owner or individual in control of the property will be allowed to operate
a raceway on the shore off his property within the VR and RSF-4 zoning districts. In
other words, a landowner must not lease his property to another individual to use for
purposes of operating a clam nursery.
viii. Any pump or filtration system used in conjunction with the nursery must meet all
applicable County noise ordinances and must not be more obtrusive than the average
system used for a non-commercial pool or shrimp tank
2. Conditional uses. The following uses are permitted as conditional uses in this subdistrict:
Reserved.
3. Parking/storage of major recreational equipment, personal vehicles, and certain commercial
vehicles.
a. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer
subdivisions , boats, trailers, recreational vehicles and other recreational equipment may
be stored in any yard subject to the following conditions.
i. Recreational equipment must not be used for living, sleeping, or housekeeping
purposes when parked or stored.
ii. Recreational vehicles or equipment must not exceed 35 feet in length.
iii. Recreational vehicles or equipment must not be parked, stored or encroach in any
county right-of-way easement.
iv. Recreational vehicles or equipment that exceed 35 feet in length will be subject to the
provisions of section 5.03.06 of this Code.
b. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts
subject to the following conditions.
i. No vehicle shall block or impede traffic.
c. Commercial vehicles 35 feet in length or less will be allowed to park at the owner's home
and in the drainage swale subject to the following conditions:
i. No vehicle shall block or impede traffic;
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ii. Drainage must not be blocked or impeded in any way as a result of the parking in the
swales;
iii. Parking will only be permitted in driveways and not in yard areas; and
iv. No more than two commercial vehicles may be parked at one residence/site, unless
one or more of the vehicles is engaged in a construction or service operation on the
residence/site where it is parked. The vehicle engaged in this service must be removed
as soon as the construction or service is completed. For purposes of this subsection
only, a commercial vehicle is defined as a van, pickup truck, or passenger car used for
commercial purposes and licensed by the Department of Transportation. A vehicle is
not considered a commercial vehicle merely by the display of a business name or other
insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or
other equipment used in the construction industry will be allowed to park at a residence
or site overnight unless specifically approved by the County Manager or his designee.
4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain any sheds that were
constructed prior to October 17, 2003. Storage sheds for fishing and boat equipment on the boat
dock parcels off of Bayshore Way constructed after October 17, 2003 are permissible if they
comply with the following requirements:
a. The appropriate building permit must be obtained.
b. Bayshore Way setback : ten feet.
c. Waterfront setback : ten feet.
d. Side yard setback : 0 feet.
e. Maximum size of shed: 144 square feet.
5. Sign requirements. All signs existing as of October 17, 2003 in Goodland are exempt from the
requirements of the Collier County sign ordinance (section 5.06.00) for five years from October
17, 2003 or until the sign is destroyed, whichever comes first. Any signs constructed after
October 17, 2003 must strictly comply with section 5.06.00. Sign maintenance is limited to
painting existing signs . All other maintenance or repairs will void the exemption and require the
owner to construct a sign that strictly adheres to section 5.06.00 in the event that the owner
wishes to have a sign .
K. Activity Center #9 Overlay. The purpose of this designation is to create an enhanced entryway into the
Naples urban area through appropriate, unified design elements and standards; the implementation of
which will result in an attractive, positive image as outlined in the vision statement of the Activity Center
#9 Interchange Master Plan. These regulations and the design standards located in section 4.02.23
apply to the following properties within Activity Center #9 as identified in the Interchange Master Plan
Land Use Map:
1. All buildings and projects that are subject to the requirements of section 5.05.08 of this LDC.
2. Nonresidential land uses abutting any public street except industrial buildings internal to
industrial PUD zoned project, that are located no less than 200 feet from the public street .
L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO).
1. Purpose and intent. The purpose and intent of this district is to encourage development and re
development of the Vanderbilt Beach area to be sensitive to the scale, compatibility and sense
of place that exists in the Vanderbilt Beach area. This district is intended to: establish
development standards which will protect view corridors, light and air movements between the
Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect on each
side of the narrow Gulfshore Drive.
2. Applicability. These regulations shall apply to the Vanderbilt Beach Residential Tourist Overlay
District as identified on VBRTO Map VBRTO-1 and further identified by the designation "VBRTO"
on the applicable official Collier County zoning atlas maps. Except as provided in this section of
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the code, all other uses, dimensional and development requirements shall be as required or
allowed in the applicable underlying zoning district.
3. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay
District are delineated on Map VBRTO-1 below.
VBRTO-1
4. Figures. The figures (1-4) used in this section are solely intended to provide a graphic example
of conditions that will protect view corridors, light and air movements between the Gulf of Mexico
and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations
from these figures, which nonetheless adhere to the provisions of this section, are permitted. The
Community Character Plan For Collier County, Florida (April 2001) should be referenced as a
guide for future development and re development in the overlay district.
5. Development criteria. The following standards shall apply to all uses in this overlay district.
a. Permitted uses.
i. Hotels and motels .
ii. Multi-family dwellings .
iii. Family care facilities , subject to section 5.05.04.
iv. Timeshare facilities.
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b. Accessory uses.
i. Uses and structures that are accessory and incidental to the uses permitted as of right
in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO).
ii. Shops, personal service establishments, eating or drinking establishments, dancing
and staged entertainment facilities, and meeting rooms and auditoriums where such
uses are an integral part of a hotel or a motel and to be used by the patrons of the
hotel / motel .
iii. Private docks and boathouse s, subject to sections 5.03.06 and 5.05.02.
iv. Recreational facilities that serve as an integral part of the permitted use designated on
a site development plan or preliminary subdivision plat that has been previously
reviewed and approved which may include, but are not limited to: golf course clubhouse,
community center building and tennis facilities, parks, playgrounds and playfields.
c. Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt
Beach Residential Tourist Overlay District (VBRTO), subject to the standards and
procedures established in section 10.08.00:
i. Churches and other places of worship.
ii. Marinas , subject to section 5.05.02.
iii. Noncommercial boat launching facilities, subject to the applicable review criteria set
forth in section 5.03.06.
iv. Group care facilities (category I and II); care units ; nursing homes; assisted living
facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to
section 5.05.04.
v. Private clubs.
vi. Yacht clubs.
6. Dimensional standards. The following dimensional standards shall apply to all permitted,
accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District
(VBRTO).
a. Minimum lot area . One contiguous acre, not bisected by a public right-of-way .
b. Minimum lot width . 150 feet.
c. Minimum yard requirements .
i. Front yard : one-half the building height with a minimum of 30 feet.
ii. Side yards : one-half the building height with a minimum of 15 feet.
iii. Rear yard : one-half the building height with a minimum of 30 feet.
d. Maximum height: 75 feet. The height of the building will be measured according to the
definitions in section 1.08.02: building, actual height of and building, zoned height of .
e. Maximum density permitted. A maximum of 26 units per acre for hotels and motels , and
16 units per acre for timeshares, multifamily, family care facilities.
f. Distance between structures. The minimum horizontal distance separation between any
two principal buildings on the same parcel of land may not be less than a distance equal
to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory
buildings and structures dimensional criteria, see section 4.02.01.
g. Floor area requirements.
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i. Three hundred (300) square foot minimum with a five hundred (500) square foot
maximum for hotels and motels , except that twenty percent (20%) of the total units
may exceed the maximum.
ii. Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom (600
square feet), and two or more bedrooms (750 square feet).
h. Maximum lot area coverage. (Reserved.)
7. Preservation of view corridors, light and air movements between the Gulf of Mexico and the
Vanderbilt Lagoon.
a. Figures 1—4, while not requirements, depict desired building relationships and view
plane/angle of vision examples. Figures used in this section are solely intended to provide a
graphic example of conditions that will protect view corridors, light and air movements
between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style
of specific projects. Variations from these figures, which nonetheless adhere to the
provisions of this section, are permitted.
8. Off- street parking and off- street loading. As required in Chapter 4 of this Code.
9. Landscaping requirements. As required in Chapter 4 of this Code.
10. Signs. As required in section 5.06.00 of this Code.
11. Coastal Construction Setback Lines (CCSL). As required in subsection 10.02.06 H.
12. Post-Disaster Recovery And Reconstruction Management. As required in the Code of Laws of
Collier County.
13. Vested Rights. All projects within the Overlay District for which completed applications for
rezoning, conditional use, variance, subdivision , site development plan or plat approval were
filed with or approved by Collier County Prior to the adoption date of the moratorium January 9,
2002, and subsequent amendments to LDC (moratorium provisions have expired), shall be
subject to the zoning regulations for this Residential Tourist Zoning District in effect at the time
the application was deemed to be complete or at the time the application was approved and or
not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay regulations. For purposes
of this provision, the term "completed application" shall mean any application which has been
deemed sufficient by planning services staff and has been assigned an application request
number.
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M. Restricted Parking (RP) Overlay District. Restricting the parking of commercial and major recreational
equipment.
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1. Purpose and intent. It is the intent and purpose of the restricted parking overlay district (RP) to
allow residents within a subdivision in Collier County to prescribe stricter regulations governing
the parking of commercial and/or major recreational equipment than is provided under the
minimum requirements set forth in this zoning code. This district is intended to apply as an overlay
district for areas or portions of areas which are zoned for residential uses. The purpose of this
section is to maintain the appearance and quality of the residential use in the manner in which it
was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and
the free flow of air currents, and to maintain the lasting values and amenities of the neighborhood.
2. Establishment of zoning classification. A zoning overlay district, to be known as the restricted
parking overlay district, and to be designated on the official zoning atlas by the symbol "RP" in
conjunction with the basic residential symbol, is hereby established.
3. Procedure for establishing district. Upon petition to the Board of County Commissioners, signed
by a minimum of 100 property owners or 50 percent of the property owners, whichever is the
lesser, in the proposed district, platted subdivision , or a voting precinct comprising a
homogeneous zoning area, the Board of County Commissioners may revise the boundaries of
the district and enact an implementing ordinance to become effective upon approval by a majority
of the qualified electors residing within the district voting in the next general election held
specifically for the implementing ordinance. The election permits a choice by the elector if in favor
of or opposed to the regulations adopted by the implementing ordinance.
N. Gateway Triangle Mixed Use Overlay District (GTMUD). This section contains special conditions for
the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on
the applicable official Collier County Zoning Atlas Map or map series.
1. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the
Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human-
scale, pedestrian-oriented, interconnected projects that are urban in nature and include a mix of
residential types and commercial uses. Development in this District should encourage pedestrian
activity through the construction of mixed-use buildings , an interconnected street system, and
connections to adjacent neighborhoods. When possible, buildings are located near the street
with on street parking and off street parking on the side or in the rear of the parcel .
This District is intended to: revitalize the commercial and residential development ; promote
traditional urban design; encourage on street parking and shared parking facilities; provide
appropriate landscaping and buffering ; and protect and enhance the Shadowlawn residential
neighborhood.
2. Applicability.
a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as
identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas
Maps.
b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with
Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary
changes to these PUDs and Provisional Use properties, are not subject to the Gateway
Triangle Mixed Use District requirements.
3. Relationship to the Underlying Zoning Classification and Collier County Growth Management
Plan.
a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County
Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD
implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment
Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use
District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the
Collier County GMP. Development standards in the activity center is governed by
requirements of the underlying zoning district requirements and the mixed use activity center
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subdistrict requirements in the FLUE, except for site development standards as stated in
section 4.02.16 of the Collier County Land Development Code (LDC).
b. Property owners may establish uses, densities and intensities in accordance with the
existing LDC regulations of the underlying zoning classification, or may elect to
develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either
instance, the GTMUD site development standards as provided for in section 4.02.16 shall
apply.
4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts.
a. The Gateway Triangle Mixed Use District consists of the following subdistricts:
i. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to
provide for pedestrian-oriented commercial and mixed use developments and higher
density residential uses. Developments will reflect traditional neighborhood design
building patterns. Individual buildings are encouraged to be multi- story with uses
mixed vertically, with street level commercial and upper level office and residential.
Included in this District is the "mini triangle" formed by US 41 on the South, Davis
Boulevard on the North and Commercial Drive on the East, which is intended to serve
as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the
City of Naples.
ii. Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is to encourage the
continuation and revitalization of the Shadowlawn neighborhood. The subdistrict
provides for a variety of compatible residential housing types and a limited mix of non-
residential uses in a walkable context.
b. Use Categories and Table of Uses.
i. All uses permitted in the GTMUD subdistricts have been divided into nine general
categories, which are summarized below:
a) Residential: Premises available for long-term human habitation by means of
ownership and rental, but excluding short-term leasing or rental of less than one
month's duration.
b) Lodging: Premises available for short-term human habitation, including daily and
weekly rental.
c) Office and Service: Premises available for the transaction of general business and
the provision of services, but excluding retail sales and manufacturing, except as
a minority component.
d) Retail and Restaurant : Premises available for the commercial sale of
merchandise, prepared foods, and food and drink consumption, but excluding
manufacturing.
e) Entertainment and Recreation: Premises for the gathering of people for purposes
such as arts and culture, amusement, and recreation.
f) Manufacturing, Wholesale and Storage: Premises available for the creation,
assemblage, storage, and repair of items including their wholesale or retail sale.
g) Civic and Institutional: Premises available for organizations dedicated to religion,
education, government, social service, and other similar functions.
h) Infrastructure: Uses and structures dedicated to transportation, communication,
information, and utilities, including Essential Services .
ii. Interpretation of the Table of Uses
a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular
use is not listed in the Table of Uses, the County Manager or designee may
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determine that it falls within the same class as a listed use through the process
outlined in LDC section 1.06.00, Rules of Interpretation.
b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A);
conditional uses (CU), or a combination of the three. Blank cells indicate that a
use is not allowed in the corresponding subdistrict; however, such use may be
permitted by the underlying zoning designation.
c) Mixed Use Projects shall be limited to the permitted, accessory and conditional
uses allowed in the GTMUD-MXD subdistrict, and subject to the MUP approval
process as outlined in section 10.02.15. All other projects may elect to establish
uses, densities and intensities in accordance with their underlying zoning or in
accordance with the Overlay Subdistrict. However, all projects must comply with
site development standards as provided in section 4.02.16.
iii. Table of Uses.
Table 2. Table of Uses for the Gateway Triangle Mixed Use District Subdistricts
USE TYPE
GTMUD
SUBDISTRICTS ADDITIONAL
STANDARDS
R MXD
a) RESIDENTIAL
1) Dwelling, Single-Family P P
2) Dwelling, Duplex P P
3) Dwelling, Two-Family P P
4) Dwelling, Rowhouse P P
5) Dwelling, Multi-Family (3 or more) P P
6) Dwelling, Mobile Home P*
*If permitted by underlying
zoning
7) Guesthouse A A 5.05.04 and 4.02.16 C.2.
8) Home Occupations A A 5.02.03
9) Live-Work Units CU P 4.02.16 C.6.
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10) Artist Village CU P 4.02.16 C.3.
b) LODGING
1) Bed & Breakfast Facilities CU CU 4.02.16 C.4.
2) Hotels and Motels P
c) OFFICE/SERVICE
1) Banks, Credit Unions, Financial Services P
2) Business Support Services P
3) Child Care Services CU CU
4) Community Service Organization P
5) Government Services P
6) Family Care Facility/Nursing Home CU
7) Medical Services - Doctor Office P
8) Medical Services - Outpatient/Urgent Care P
9) Personal Care Services P
10) Post Office P
11) Professional Office or Service P
12) Rental Services - Equipment/Vehicles P
13) Studio - Art, Dance, Martial Arts, Music P
14) Studio - Motion Picture CU
15) Vehicle Services - Maintenance/Repair CU
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16) Veterinarians Office P
17) Video Rental P
d) RETAIL/ RESTAURANTS
1) Auto Parts Sales P
2) Bars/Tavern/Night Club P
3) Drive Thru Retail/ Restaurant P
4) Gas Station with Convenience Store P 5.05.05
5) Neighborhood Retail - <2,000 sf P
6) General Retail - <15,000 sf P
7) General Retail - >15,000 sf P
8) Restaurant P
9) Shopping Center CU
10) Vehicle/Boat/Heavy Equipment Sales P
e) ENTERTAINMENT/RECREATION
1) Gallery / Museum P
2) Meeting Facility CU P
3) Cultural or Community Facility CU P
4) Theater, Live Performance P
5) Theater, Movie CU
6) Recreation Facility, Indoor P
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7) Recreation Facility, Outdoor CU CU
8) Amusements, Indoor P
9) Amusements, Outdoor CU CU
10) Community Garden P P 4.02.16 C.5.
f) MANUFACTURING/WHOLESALE/STORAGE
1) Boat Yards CU
2) Laboratory - Medical, analytical, research P
3) Laundries and Dry-cleaning P
4) Media Production P
5) Metal Products Fabrication CU
6) Mini-Warehouses
7) Repair Shops P
8) Research and Development P
9) Storage - Outdoor CU 4.02.16 C.9.
10) Storage - Warehouse P
11) Lawn and Garden Services in conjunction
with a Nursery CU
g) CIVIC/INSTITUTIONAL
1) College/University CU
2) Educational Plant P P
3) Hospital CU
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4) Membership Organizations P
5) Public Safety Facility CU
6) Religious Institution CU CU
7) Schools - Elementary and Secondary P
8) Schools - Vocational and Technical CU
h) INFRASTRUCTURE
1) Automobile Parking Facilities P
2) Boat Launch
3) Essential Services P P
4) Marinas P
5) Transit Station CU
6) Wireless Telecommunication Facility CU
Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU),
or a combination of the three.
Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be
permitted by the underlying zoning designation.
Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-
NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15.
All other projects may elect to establish uses, densities and intensities in accordance with their underlying
zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site
development standards as provided in section 4.02.16.
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Downtown Center Commercial Subdistrict
O. Golden Gate Downtown Center Commercial Overlay District (GGDCCO). Special conditions for
properties in the vicinity of Golden Gate Parkway in Golden Gate City, as identified on the Golden
Gate Downtown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as
contained herein.
1. Applicability. These regulations apply to properties in Golden Gate City lying north of Golden Gate
Parkway, generally bounded by 23rd Avenue SW and 23rd Place SW to the north, 45th Street
SW to the west, and 41st Street SW and Collier Boulevard to the east. South of Golden Gate
Parkway, these regulations apply to properties bounded by 25th Avenue SW to the south, 47th
Street SW to the west, and 44th Street SW to the east. These properties are more precisely
identified on the "Golden Gate Downtown Center Commercial Subdistrict" map of the Golden
Gate Area Master Plan and as depicted on the applicable official zoning atlas maps. Except as
provided in this section and section 4.02.26, all other use, dimensional and development
requirements shall be as required or allowed in the underlying zoning districts.
2. Purpose and Intent. The purpose and intent of this overlay district (see Downtown Center
Commercial Subdistrict Map) is to encourage redevelopment herein in order to improve the
physical appearance of the area and create a viable downtown district for the residents of Golden
Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-
oriented areas, such as outdoor dining areas and pocket parks, that do not impede the flow of
traffic along Golden Gate Parkway. Also, emphasis shall be placed on the construction of mixed-
use buildings . Residential dwelling units constructed in this overlay district are intended to
promote resident-business ownership. The provisions of this overlay district are intended to
ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale
that is compatible with residential development within and outside of the overlay district.
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3. Aggregation of Properties. This overlay district encourages the aggregation of properties in order
to promote flexibility in site design. The types of uses permitted within this overlay district are low
intensity retail, office, personal services, institutional, and residential. Non-residential
development is intended to serve the needs of residents within the overlay district, surrounding
neighborhoods, and passersby.
4. Permitted uses.
a. Residential uses: As permitted by right in the existing residential zoning districts, except as
otherwise prohibited by this overlay, when:
1. In an existing owner occupied structure.
2. In an existing non-owner occupied structure, until such time as cessation is required by
subsection 4.02.37 A.1
b. Residential within a mixed use building
c. Commercial uses:
1. Accounting services (8721).
2. Adjustment and collection services (7322).
3. Advertising Agencies (7311).
4. Apparel & accessory stores (5611-5699).
5. Architectural services (8712), limited to 5,000 square feet per floor.
6. Auto and home supply stores (5531).
7. Barber shops (7241).
8. Beauty shops (7231).
9. Building cleaning and maintenance services (7349).
10. Business associations (8611).
11. Business consulting services (8748).
12. Business services - miscellaneous (7397).
13. Business repair service.
14. Carpet and upholstery cleaning (7217).
15. Commercial art and graphic design (7336).
16. Commercial photography (7335).
17. Computer programming, data processing, rental, leasing, repair and other services
(7371-7379).
18. Computer and computer software stores (5734).
19. Credit reporting services (7323).
20. Department stores (5311).
21. Direct mail advertising services (7331).
22. Disinfecting and pest control services (7342).
23. Drug stores (5912), limited to 5,000 square feet per floor.
24. Eating establishments and places (5812 except commercial use employing drive-up,
drive-in, or drive-through delivery of goods and/or services).
25. Electrical and electronic repair shop (7629).
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26. Employment agencies (7361).
27. Engineering services (8711), limited to 5,000 square feet per floor.
28. Equipment rental and leasing (7359), not including heavy construction equipment.
29. Essential services, see sec. 2.01.03; except that law enforcement, fire, and emergency
medical services uses are limited to administrative offices only.
30. Food stores (groups 5411-5499).
31. Funeral service and crematories (7261).
32. General merchandise stores (5331-5399).
33. Glass stores (5231).
34. Hardware stores (5251).
35. Health services, offices and clinics (8011-8049).
36. Home furniture and furnishing stores (5712-5719).
37. Home health care services (8082).
38. Household appliance stores (5722).
39. Insurance carriers, agents and brokers (6311-6399, 6411).
40. Labor unions (8631).
41. Landscape architects, consulting and planning (0781), limited to 5,000 square feet per
floor.
42. Large Appliance Repair Service (7623).
43. Laundry and drycleaners agents, garment pressing, linen supply, cleaning services
(7212, 7213, 7219); no coin operated laundries or drycleaners.
44. Legal services (8111).
45. Libraries (8231).
46. Management services (8741, 8742).
47. Medical equipment rental and leasing (7352).
48. Membership organizations - miscellaneous (8699).
49. Museums and art galleries (8412).
50. Musical instrument stores (5736).
51. Outdoor advertising services (7312).
52. Paint stores (5231).
53. Parks, public or private; limited to pocket parks only, generally described as a small
area accessible to the general public that often includes plantings, fountains, seating
areas, and other similar passive open space features.
54. Personal services - miscellaneous (7299, babysitting bureaus, clothing and costume
rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis,
genealogical investigation service, and hair removal only).
55. Personnel supply services (7363, except labor pools).
56. Photocopying and duplicating services (7334).
57. Photofinishing laboratories (7384).
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58. Photographic studios, portrait (7221).
59. Physical fitness facilities (7991).
60. Political organizations (8651).
61. Professional membership organizations (8621).
62. Public relations services (8743).
63. Radio, television and consumer electronics stores (5731).
64. Radio, television and publishers advertising representatives (7313).
65. Record and prerecorded tape stores (5735).
66. Real estate (6512, 6531, 6541).
67. Retail - miscellaneous (5921-5963 and 5992-5999, excluding liquor stores, pawn
shops, retail firearm and ammunition sales), limited to 5,000 square feet per floor.
68. Retail nurseries, lawn and garden supply stores (5261).
69. Schools - vocational (8243-8299).
70. Secretarial and court reporting services (7338).
71. Security and commodity brokers, dealers, exchanges, and services (6211-6289).
72. Shoe repair shops or shoeshine parlors (7251).
73. Surveying services (8713), limited to 5,000 square feet per floor.
74. Tax return preparation services (7291).
75. United States Postal Service (4311, except major distribution center).
76. Videotape Rental (7841), limited to 1,800 square feet of gross floor area.
77. Wallpaper stores (5231).
78. Watch, clock and jewelry repair (7631).
5. Accessory uses . Accessory uses within the GGDCCO include the uses listed below.
a. Caretaker's residence, accessory to commercial and mixed use projects only.
b. Enameling, painting, or plating, accessory to an artist's studio or craft studio only.
c. Play areas and playgrounds.
d. Recreational facilities.
6. Conditional uses . Conditional uses within the GGDCCO include the uses listed below, subject
to the standards and procedures established in section 10.08.00.
a. Auctioneering Services, auction rooms and houses (5999, 7389); limited to 5,000 square
feet per floor.
b. Community centers.
c. Dance studios, schools, and halls (7911).
d. Food stores (5411-5499), over 5,000 square feet.
e. Motion picture theaters (7832).
f. Outdoor dining areas, not directly abutting the Golden Gate Parkway right-of-way .
7. Prohibited uses. Prohibited uses within the GGDCCO include the uses listed below:
a. New residential-only structures .
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b. Any commercial use employing drive-up, drive-in or drive-through delivery of goods or
services.
c. Sexually oriented businesses (Code of Laws, 26-151 et seq. ).
d. Enameling, painting or plating as a primary use. However, these uses are permitted if
secondary to an artist's or craft studio.
e. Single-room occupancy hotels, prisons, detention facilities, halfway houses, soup kitchens
or homeless shelters.
P. Copeland Zoning Overlay (CZO).
1. Purpose. To create development standards which address the unique community characteristics
of the Copeland community.
2. Applicability. The Copeland Zoning Overlay (CZO) boundary is delineated on the map below, and
these standards apply to those portions of the Copeland Community, which are in private
ownership and located within the urban designated lands on the Collier County Future Land Use
Map.
3. Permitted uses.
a. All principal and accessory uses permitted by right in the VR-ACSC/ST zoning district as
identified in section 2.04.03 of the LDC as of December 26, 2006. In the event any conflicts
arise between the underlying zoning district requirements and those contained in the
Copeland Zoning Overlay, the requirements of the Copeland Zoning Overlay shall supersede
the underlying zoning requirements.
b. The following uses may be permitted only on lands adjacent to Church Street:
i. Churches and places of worship
ii. Community centers
iii. Civic and cultural facilities
iv. Recreational facilities
v. Post Office
vi. Food Store (no gas services)
c. Area of Critical State Concern (ACSC) and Environmental Compliance. Nothing herein shall
exempt any land use from complying with the Area of Critical State Concern requirements
of section 4.02.14 of the LDC. The development of single family dwellings on existing lots
of record within the VR-ACSC/ST zoning district shall be exempt from requirements to
provide an Environmental Impact Statement (EIS); however, any subdivision or site
development plan may be required under section 10.02.02 of the Code to submit an EIS
for review by Collier County.
4. Prohibited Uses.
a. Multi-family dwelling units shall be prohibited on all VR zoned properties located within the
Copeland Zoning Overlay as designated on the official zoning atlas map.
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5. Accessory Uses.
a. Parking and storage of recreational equipment and commercial vehicles.
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i. Within the VR-ACSC/ST zoning district, boats, trailers, recreational vehicles or other
licensed recreational equipment may be stored in any yard subject to the following
conditions:
a) Recreational vehicles and equipment may not be used for living, sleeping, or
housekeeping purposes when parked or stored.
b) Recreational vehicles or equipment stored under this section of the LDC shall not
exceed 35 feet in length.
c) Recreational vehicles exceeding 35 feet in length may only be parked or stored in
accordance with section 2.01.00 of the LDC.
d) No more than 2 commercial vehicles, 35 feet or less in length, shall be permitted
to be parked at the property owner's residence, unless 1 or more of the vehicles
are temporarily engaged in construction or service operation.
i) Parking for the property owner's licensed commercial vehicles shall only be
permitted within driveways, garages, and/or carports in accordance with
Collier County regulations.
ii) Commercial vehicles greater than 35 feet or greater in length shall be
prohibited from parking or being stored on residentially utilized property.
e) Commercial equipment such as crab traps, and other seasonal commercial
equipment may be stored on the owner's residential property in any yard.
b. Keeping of animals/fowl as accessory use. On VR-ACSC/ST parcels a minimum of 2 acres
in area or greater, individual property owners may keep a maximum of 25 poultry or fowl in
total numbers, and a maximum of 2 horses or other livestock per acre.
(Ord. No. 04-54, § 2; Ord. No. 04-72, § 3.E; Ord. No. 05-27, § 3.D; Ord. No. 05-49, § 3.A; Ord.
No. 06-08, §§ 3.C—3.F; Ord. No. 06-63, §§ 3.E—3.H; Ord. No. 07-67, § 3.D; Ord. No. 07-68, §
3.B; Ord. No. 08-08, § 3.B; Ord. No. 08-11, § 3.J; Ord. No. 08-63, § 3.E; Ord. No. 09-43, § 3.A;
Ord. No. 10-23, § 3.H; Ord. No. 12-39, § 3.B; Ord. No. 14-33, § 3.D; Ord. No. 15-44, § 3.A;
Ord. No. 16-27, § 3.F)