Ordinance 2014-33ORDINANCE NO. 14-33
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02
DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,
SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION
2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE —
RESOURCE PROTECTION, INCLUDING SECTION 3.05.02
EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION
PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA
FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07
PRESERVATION STANDARDS; CHAPTER FOUR — SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02
KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL
STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS,
SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF
ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.16
DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE
GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02
BUFFER REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL
STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS,
EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES,
SECTION 5.03.05 CARETAKER RESIDENCES, SECTION 5.04.04
MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05
TEMPORARY EVENTS, SECTION 5.06.04 SIGN REGULATIONS AND
STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02
DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL
DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR
SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05
EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06
PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS;
CHAPTER SIX -- INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY
REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF
NONCONFORMITIES; CHAPTER TEN — APPLICATION, REVIEW, AND
DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.08
REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING
ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF
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PROVIDING PUBLIC NOTICE, SECTION 14.03.46 PUBLIC NOTICE
AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION
FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY
ZONING ATLAS, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS
PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS
BOULEVARD (SR -84) FROM AIRPORT -PULLING ROAD (CR -31)
WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL
COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD
AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY
DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT
AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS. this amendment to the LDC is the first amendment cycle for the calendar
year 2014; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on June 24, 2014, and July 8, 2014. and did take action
concerning these amendments to the LDC; and
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WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VI II, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, of seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
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5. Section 163.3262(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of §'163.3161 of seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities , capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan
and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County, to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
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and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
Guest—Douse 9F eettage: An accessory dwelling structure which is attached to or
detached from, a principal dwelling located on the same residential parcel and which an
accessory dwelling serves as an ancillary use providing living quarters for the occupants of the
principal dwelling, their temporary guests or their domestic employees and which may contain
kitchen facilities. Guesthouses OF Gettages are not permitted in development that is receiving an
AHDB. (See LDC section{s} 4.01.02, 5.03.03 and 2.05.02) for additional information.
Kitchen, primary: A room in a principal dwelling or questhouse which is used, designed
and intended for the preparation and cooking of food, often where meals are also eaten. See
LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses.
Kitchen, secondary: A kitchen, accessory in function to the primary kitchen, located
within and only accessible through the principal dwelling unit. See LDC section 4.01.02 Kitchens
in Dwelling Units and Guesthouses.
Lot, corner. A lot located at the intersection of two or more streets. In the case of corner
lots. the front vard with the shorter street frontaae shall establish the reauired minimum lot
width. A lot abutting a curved street or streets shall be considered a corner lot if straight lines
drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an
interior angle of less than 135 degrees.
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Wet bar. An area designed for mixing drinks that contains a sink with running water, has
a counter top, and is not a kitchen. See LDC section 4.01.02 Kitchens in Dwelling Units and
Guesthouses.
Yard, front: The required open space extending across the entire width of the lot
between the front building line and street right-of-way line. Where double -frontage lots exist, the
required front yard shall be provided on both streets except as otherwise provided for herein.
Yard. waterfront: The required open space on property adjacent to the Gulf, bays
bayous, navigable streams and on man -created canals lakes or impounded reservoirs. The
required waterfront yard shall be measured from the most restrictive of the following_ property
line, bulkhead shoreline seawall, control elevation contour, or mean high water line MHWL .
Waterfront yards do not apply to drainage easements, canals, and lakes that were created_ for
water management ourooses with no intention to be navigable waterways providing vessel
access to a larger body of water
SUBSECTION 3.13. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1)...
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1
commercial professional and general office district.
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b. Accessory uses.
Uses and structures that are accessory and incidental to the
uses permitted as of right in the C-1, G 1 district.
C. Conditional uses. The following uses are permissible as conditional
uses in the (C-1) commercial professional and general office district,
subject to the standards and procedures established in section 10.08.40.
1. Ancillary plants.
2. Automobile parking, automobile parking garages and parking
structures (7521 — shall not be construed to permit the activity of
"tow -in parking lots").
3. Banks, credit unions and trusts (6011-6099).
4. Churches.
5.
Civic, social and fraternal associations (8641).
6.
Eating places primarily intended to serve employees and
customers of the permitted use [5812, excluding Automats (eating
places), caterers; commissary restaurants; contract feedingm
dinner theaters, drive-in restaurants: industrial feeding:
restaurants,,carry.-out; theaters: dinner}.The request may be
permitted subject to the following criteria:
a. The use is physically integrated and operated in
conjunction with another permitted use in the C-1 district
(no stand-alone facilities shall be permitted)-.
b. There is no exterior signage.
C. There is no direct exterior access.
d. Parking for the permitted use is consistent with LCC
section 4.05.04.
e. In addition to the Planning Commission's Findings, its
recommendation shall include but not be limited to, the
following considerations for the conditional use request:
i. Seating capacity.
ii. Gross floor area of the request in relation to the
principal structure.
6-7.
Educational services (8211-8222).
7-8.
Funeral services (7261, except crematories).
8-9.
Home health care services (8082).
9-10.
Homeless shelters.
40-11.
Libraries (8231, except regional libraries).
44-12.
Mixed residential and commercial uses subject to design criteria
contained in section 4.02.38 except where superseded by the
following criteria:
413. Religious organizations (8661).
13-14. Soup kitchens.
44-15. Veterinary services (0742, excluding outdoor kenneling).
4&16. Any other commercial or professional use which is comparable in
nature with the foregoing list of permitted uses and consistent with
the purpose and intent statement of the district as determined by
the board of zoning appeals pursuant to section 10.08.00.
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C,q
B. Commercial Convenience District (C-2)...
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
74. Any other commercial or professional use which is comparable in
nature with the (C-1) list of permitted uses and consistent with the
purpose and intent statement of the district as determined by the
board of zoning appeals pursuant to section 10.08.00.
75. An existing lawful structure over 1,800 sq. ft. as of )•effective date
of this ordinance] may be occupied by any C-2 permitted use with
a 1,800 sq. ft. or greater limitation.
C. Conditional uses. The following uses are permissible as conditional
uses in the commercial convenience district (C-2), subject to the
standards and procedures established in section 10.08.00.
1. Ancillary plants.
2. Educational services (8211, 8222).
3. Homeless shelters.
4. Household anoliance stores [5722. limited to air-conditioning room
units, self -contained -retail, electronic household appliance stores -
retail, household appliance stores, electric or -gas-retail, sewing
machine stores -retail, and vacuum cleaner stores -retail] with
1.800 square feet or less of -gross floor area in the principal
structure.
5. Marinas [4493 excluding boat yards, storage and incidental
repair], subiect to LDC section 5.05.02
6. Membership organizations, miscellaneous (8699, excluding
humane societies, animal) limited to 1,800 square feet or less of
gross floor area in the principal structure.
47. Mixed residential and commercial uses subject to design criteria
contained in LDC section 4.02.38 except where superseded by
the following criteria:
* * * * * * * * * *
8. Personal services. miscellaneous (7299 — not listed as ❑rinciole
uses and limited to babysitting bureaus; birth certificate agencies;
car title and taq services; computer photography or portraits;
dating service; diet workshops; dress suit rental; tux rental;
genealogical investigation service; hair removal; shopping service
for individuals only; wardrobe service, except theatrical; wedding
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chapels, privately operated] with 1,800 square feet or less of
gross floor area in the principal structure.
5-9. Permitted personal service, video rental or retail uses with more
than 1,800 square feet of gross floor area in the principal
structure.
6-10. Permitted food service (eating places or food stores) uses with
more than 2,800 square feet of gross floor area in the permitted
principal structure.
7-11. Soup kitchens.
&12. Any other convenience commercial use which is comparable in
nature with the foregoing (C-2) list of permitted uses and
consistent with the purpose and intent statement of the district, as
determined by the board of zoning appeals pursuant to section
10.08.00.
C. Commercial Intermediate District (C-3)...
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses
67. Photographic studios, portrait (7221).
fib. Physical fitness facilities (7991; 7911, except discotheques).
69. Political organizations (8651).
95. Any other commercial or professional use which is comparable in
nature with the (C-1) list of permitted uses and consistent with the
purpose and intent statement of the district as determined by the
board of zoning appeals pursuant to section 10.08.00.
96. An existing lawful structure over 5,000 sq. ft. as of [effective date
of this ordinance] may be occupied by any C-3 permitted use with
a 5,000 sq. ft. or greater limitation.
* * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional
uses in the commercial intermediate district (C-3), subject to the
standards and procedures established in sections 4.02.02 and 10.08.00.
1. Amusements and recreation services (7999 - boat rental,
miniature golf course, bicycle and moped rental, rental of beach
chairs and accessories only).
2. Ancillary plants.
3. Automotive vehicle dealers 5511 limited to automobile agencies
(dealers) -retail and only new vehicles). In addition to the Planning
Commission's Findings, its recommendation shall include, but not
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be limited to the following considerations for the conditional use
request:
a. Controls on outdoor paging or amplified systems used as
part of the daily operations.
b. Location of enclosed service areas with exception for
entrylexit doors.
C. The number of service bays.
d. operation hours.
e. Adequacy of buffer(s).
f. Location of gasoline storage and/or fueling tanks.
q. Means of delive of automobiles -
34. Bowling centers (7933).
45. Coin operated amusement devices (7993).
5-6. Courts (9211).
F. D_;lnce Studios, schools and halls (7911)
a
7. Drinking places (5813) excluding bottle clubs. All establishments
engaged in the retail sale of alcoholic beverages for on -premise
consumption are subject to the locational requirements of section
5.05.01.
8. Educational services (8221 & 8222).
9. Fire protection (9224).
10. Food stores with greater than 5,000 square feet of gross floor
area in the principal structure (groups 5411-5499).
11. Health services (8071. 8092. and 8099).
412. Homeless shelters.
413. Hospitals (groups 8062---8069).
4&l4. Legal counsel and prosecution (9222).
15. Medical equipment rental and leasing [7352].
16. Membership sports and recreational clubs indoor only [7997].
44-17. Mixed residential and commercial uses, subject to design criteria
contained in section 4.02.38 except where superseded by the
following criteria:
418. Motion picture theaters, (7832 - except drive-in).
46-19. Permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure.
4-7-20. Permitted personal services, video rental or retail uses (excluding
drug stores - 5912) with more than 5,000 square feet of gross
floor area in the principal structure.
444-21. Permitted use with less than 700 square feet gross floor area in
the principal structure.
4-9-22. Public order and safety (9229).
2-0-23, Social services (8322 - other than those permitted, 8331-8399)
24-24. Soup kitchens.
2-2-25. Theatrical producers and miscellaneous theatrical services (7922 -
community theaters only).
23-26. Vocational schools (8243-8299).
2427. Any other intermediate commercial use which is comparable in
nature with the foregoing list of permitted uses and consistent with
the permitted uses and purpose and intent statement of the
district, as determined by the board of zoning appeals pursuant to
section 10.08.00.
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D. General Commercial District (C-4)...
The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
C. Conditional uses. The following uses are permitted as conditional uses
in the general commercial district (C-4), subject to the standards and
procedures established in section 10.08.00.
1. Animal specialty services, except veterinary (0752, with outside
kenneling).
2. Amusement and recreation services, outdoor (7948, 7992, 7996,
7999).
3. Auctioneering services, auction rooms (7389, 5999).
4, Automotive dealers and gasoline service stations (5511, 5521;
5551, 5661, 6599 autdoeF display ).
5. Automotive rental and leasing, outdoor display permitted (7513,
7519).
6. Boat dealers (5551).
6-7. Bottle clubs. (All establishments engaged in the retail sale of
alcoholic beverages for on -premise consumption are subject to
the locational requirements of section 5.05.01.).
7-8. Communication towers above specified height, subject to section
5.05.09.
9. Dealers not elsewhere classified (5599 outdoor display permitted.
excluding Aircraft dealers --retail).
8-10. Fire protection (9224).
9-11. Fishing, hunting and trapping (0912-0919).
44-12. Fuel dealers (5983-5989).
44-13. Homeless shelters.
X14. Hotels and motels (7011, 7021, 7041 when located outside an
activity center).
44-15. Kiosks.
44-J6. Legal counsel and prosecution (9222).
4-6-17. Local and suburban transit (groups 4111-4121, bus stop and van
pool stop only).
46-18. Motion picture theaters, drive-in (7833).
47-19. Permitted use with less than 700 square feet of gross floor area
in the principal structure.
49-20. Police Protection (9221).
4-9-21. Public order and safety (9229).
22. Recreational vehicle dealers [55611.
20-23. Soup kitchens.
24-24. Motor freight transportation and warehousing (4225, air
conditioned and mini -and self storage warehousing only).
2--25. Veterinary services (0741 & 0742, with outside kenneling).
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243-26. Any other general commercial use which is comparable in nature
with the foregoing list of permitted uses and consistent with the
permitted uses and purpose and intent statement of the district, as
determined by the board of zoning appeals pursuant to section
10.08.00.
E. Heavy Commercial District (C-5)...
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
,r yr w w w
C. Conditional uses. The following uses are permissible as conditional
uses in the heavy commercial district (C-5), subject to the standards and
procedures established in section 10.08.00.
16. Transfer stations (4212, local refuse collection and transportation
only).
17. Packing Services 4783.
4-7-18. Veterinary services (0741 & 0742, with outdoor kenneling).
X19. Any other heavy commercial use which is comparable in nature
with the foregoing list of permitted uses and consistent with the
purpose and intent statement of the district, as determined by the
board of zoning appeals pursuant to section 10.08.00.
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICT
Section 2.03.04 Industrial Zoning District, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 Industrial Zoning District
A. Industrial District (I). The purpose and intent of the industrial district (1) is to provide lands
for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to manufacturing, processing, storage
and warehousing, wholesaling, and distribution activities, as well as commercial uses
relating to automotive repair and heavy equipment sales and repair are also permissible
in the I district. The I district corresponds to and implements the industrial land use
designation on the future land use map of the Collier County GMP.
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The following uses, as identified within the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as
a right, or as accessory or conditional uses within the industrial district (i).
a. Permitted uses.
33. Miscellaneous repair services (7622-7699) with no associated
retail sales.
34. Miscellaneous services (8999)_
3435. Motor freight transportation and warehousing (4212, 4213-4225,
4225 except oil and gas storage, and petroleum and chemical bulk
stations).
36.36. Outdoor storage yards pursuant to the requirements of section
4.02.12
36-37. Paper and allied products (2621-2679).
38. Perfumes, cosmetics, and other toilet preparations 2844}_
37-39. Physical fitness facilities "�, (7911 except Discotheques.
7991 7999 limited to baseball instruction basketball instruction
gymnastics instruction mudo instruction karate instruction and
Yopa instruction.).
38--40. Printing, publishing and allied industries (2711-2795).
39-41. Railroad transportation (4011, 4013).
4942. Real estate brokers and appraisers (6531).
41-43. Rubber and miscellaneous plastics products (3021, 3052, 3053).
42-44. Shooting range, indoor (7999).
45. Soap: granulated, liquid, cake, flake, and chip (2841).
43-46. Stone, clay, glass, and concrete products (3221, 3231, 3251,
3253, 3255-3273, 3275, 3281).
4447. Textile mill products (2211-2221, 2241-2259, 2273-2289,
2297, 2298).
45-48. Title abstract offices (6541).
4649. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3761,
3764, 3769, 3792, 3799).
47-50. Transportation by air (4512-4581).
48-51. Transportation services (4724-4783, 4789 except stockyards).
49-52. United States Postal Services (4311).
60-53. Vocational schools (8243-8249).
64-54. Welding repair (7692).
52-55. Wholesale trade—Durable goods (5012-5014, 5021-5049,
5063-5092, 5094-5099).
53-56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182,
5191 except that wholesale distribution of chemicals, fertilizers,
insecticides, and pesticides must be a minimum of 500 feet from a
residential zoning district (5192-5199).
5457. Existing retail uses that were in operation on January 1, 2009, in
the Industrial zoning district and which have been continuously
and conspicuously operating in the Industrial zoning district as of
June 8, 2010, without limitation as to square footage of the retail
use. These existing retail businesses shall be treated as legal
non -conforming uses in accordance with the LDC, provided
however that in the event of destruction or damage due to natural
Page 13 of 59
Words ugh are deleted, words underlined are added li ;i
disaster, the structures housing such uses may be rebuilt to their
pre -disaster condition.
X ]C ]C iG x K X iC 1C ]� Y 1C fC
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows,
2.03.07 Overlay Zoning Districts
D. Special Treatment Overlay (ST).
4. Transfer of Development Rights (TDR).
* * * * * w w * * * * W
f. Procedures applicable to the severance and redemption of TDR credits
and the generation of TDR Bonus credits from RFMU sending lands.
* * * * W w * * * * W w
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.
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,
20125, 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
Page 14 of 59
Words stmek thFaugh are deleted, words underlined are added
F'4
certificate entitling Early Entry Bonus credits equal
in number to the previously severed TOR credits.
SUBSECTION 3.E. AMENDMENTS TO SECTION 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION
Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
D. Pre-existing uses. The requirements of LDC subsection 3.05.07 C- shall not apply to,
affect or limit the continuation of uses within the RFMUD which existed prior to June 19,
2002. No changes in location of preserves shall be required for projects identified by this
exemption.
1. Such existing uses shall include: those uses for which all required permits were
issued prior to June 1912002; or projects for which a conditional use ^F Rezone
petition has been approved by the County prior to June 19, 2002; or, projects for
which a Rezone petition has been approved by the County prior to June 19, 2002
— inclusive of all lands not zoned Rurai_Agricultural (A): or, land use petitions for
which a completed application has been submitted and which have been
determined to be vested from the requirements of the Final Order prior to June 19,
2002. The continuation of existing uses shall include on-site expansions of those
uses if such expansions are consistent with or clearly ancillary to the existing
uses.
G. A vegetation removal permit is not required for the following situations:
* * * * * * * * * * * * *
4. Removal of protected vegetation prior to building permit issuance, if the
conditions set forth in LDC section 4.08.04 A are met.
5. Hand removal of prohibited exotic and non-native vegetation. MershaRiGal
oleaFin See LDC section 3.05.05 for mechanical removal of prohibited exotic
and non-native vegetation shall FequFe a vegetatien Femeval peFMi .
Mechanor.al GleaFing is defined as GleaFiAg that would impaGt 9F dirstuFb the sail 9F
sub seil layers or d-StUFb the FG9t systems of plants belew the gFound.
Page 15 of 59
Words fig# are deleted, words underlined are added {
lf`�
6. After a right-of-way for an electrical transmission line or public utility distribution
line has been established and constructed, a local government may not require
any clearing permits for vegetation removal, maintenance, tree pruning or
trimming within the established and constructed right-of-way. Trimming and
pruning shall be in accordance with LDC section 4.05.05 a b6eG en " 06 05 j.1
of the—Gde. All needed environmental permits must be obtained from the
appropriate agencies and management plans must comply with agency
regulations and guidelines. These may include but are not limited to permits for
wetland impacts and management plans for listed species protection.
7. After a publicly owned road right-of-way has been legally secured, a focal
government may not require any clearing permits for vegetation removal,
maintenance, tree pruning or trimming within the established road right-of-way.
Trimming and pruning shall be in accordance with LDC section 4.05.05
sbseGWR " 06 05 j.1 of the Cede. All needed environmental permits or
management plans have been obtained from the appropriate local, state and
federal agencies. These permits may include but are not limited to permits for
wetland impacts or for listed species protection.
8. Vegetation removal for environmental restoration projects on publically owned
land designated as parks, preserves, forests or mitigation areas. State and
Federal agency permits or approvals shall be required, where applicable, prior to
clearing.
g. Vegetation removal to implement Preserve Management Plans and f*ewise
safety wildfire mitigation plans that specify land management practices for
clearing for fuel management or fire lines in accordance with normal forestry
practices and which have been approved as part of a Preserve Management
Plan pursuant to LDC section 3.05.07 H. State and Federal agency permits or
approvals shall be required, where applicable, prior to clearing.
10. Creation of fire breaks installed by the Florida Forest Service or reviewed and
approved by the Florida Forest Service as part of a wildfire mitigation plan.
11. Removal of dead dying or leaning trees within preserves which 12ose a safely
concern unless such trees contain a nest or cavity of a listed animal sl2ecies or
bald eagle. Where such l2reserves have monitoring Ian requirements pursuant
to LDC section 3.05.07.H.1. the annual inspection monitoring report for the
preserve shall document with photographs the trees to be removed for safety
concerns.
SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.05 CRITERIA FOR
REMOVAL OF PROTECTED VEGETATION
Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
Page 16 of 54
Words stmek thfoug are deleted, words underlined are added
3.65.65 Criteria for Removal of Protected Vegetation
Native vegetation shall be retained within proposed developments where existing vegetation
would be expected to survive in open space areas or buffers, where site improvements or
changes in elevation are not proposed or required. A permit for the removal or replacement of
plants installed as LDC required landscaping shall be issued in accordance with LDC section
4.66.65. A vegetation removal permit may be issued under the following conditions:
A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services,
utilities, or to an existing structure.
B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural
practices, and, if required; a site inspection by the County Manager or designee.
C. A final local development order has been issued which allows removal of the
protected vegetation.
D. Compliance with other codes and/or ordinances may involve protected vegetation
removal.
E. RBP'aGemeRt Of Ron native vegetation shall be with native vegetation and shall - ,
shall Gemply with the standa�ds of seotion 4.06-05 and shall nolude the following
tFee6 with 6eveR fGGt GFGWR spread and dbh (diameteF at breast height) of thF
inr,hes- ReplaoerneF;t native vegetation shall be planted within fewFteen (14) rale
days of Fe Fr yal Mechanical removal of„prohibited exotic and non-native vegetation.
Mechanical removal is defined as clearing that would impact or disturb the soil or sub-
soil layers or root systems of plants below the ground.
F. On a parcel of land zoned RSF, VR. E, or other nonagricultural, noncommercial zoning
district in which single-family lots have been subdivided for single-family use only, a
vegetation removal permit may be issued for any permitted accessory use to that
zoning.
G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida
Administrative Code), and state, federal or county approved or endorsed environmental
preservation, enhancement; or restoration projects, shall be peffflitt8d. Vegetation
removal permits issued under these criteria are valid for the period of time authorized by
such agency permits.
H. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to
site development plan, construction plan or other final approvals, a vegetation
relocation permit (vegetation removal permit) may be issued by the County Manager or
designee provided that it can be demonstrated that early transplantation will enhance the
survival of the relocated vegetation. The vegetation relocation plan shall document
methods of relocation, timing of relocation, watering provisions, maintenance and other
information as required by the County Manager or designee.
Page 17 of 59
Words stfa k thFOugh are deleted, words underlined are added
I J- Removal of vegetation f^r fiFebFeakc to implement wildfire mitigation plans reviewed and
approved by the State of Florrda,n,,.,.,.n of Forestry Florida Forest Service,s"�'
permitted. The width of the apPF9Yed GleaFiRg shall be limited to the 4dth
determined necessary ythe DTvm6moR Of FGFes#- Exemptions for fire breaks are as
provided for in LDC section 3-05-02 G.
J K. A State or Federal permit issuance depends on data that cannot be obtained without
preliminary removal of some protected vegetation- The clearing shall be minimized and
shall not allow any greater impacts to the native vegetation on site than is absolutely
necessary- Clearing shall be limited to areas that are outside any on-site preserves, as
identified on the PUD master plan, Plat/Construction Plans or Site Development Plan.
K L. In conjunction with a Collier County approved Preserve Management Plan, native
vegetation clearing may be approved only when it is to improve the native habitat or to
improve listed species habitat.
L M. Conservation Collier projects which may need minimal clearing for parking, pathways
for walking, or structures that may not require site plan approvals.
M N. Early clearing as part of a final review of an SDP, SIP or PPL, in accordance with LDC
Ssections 4.06.04 and_10.01.02. The following criteria shall apply.
Final configuration of preserves is complete.
2.
fesefds. Preserves shall be field surveved and described by sketch and legal
description or shown on a specific purpose survey with geometry for the preserve
provided. Vegetation shall be protected in accordance with LDC section 3.05.04.
3. The site clearing/preservation plan for the SDP, SIP or PPL is approved.
4. All applicable Federal, State, and local permits have been submittedrim
commencement and before or at the pre -construction meeting.
N Q. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if
required, shall be provided from the Florida Fish and Wildlife Conservation Commission
and U.S- Fish and Wildlife Service authorizing the removal of the nest, in accordance
with state and federal permit requirements, prior to issuance of a County permit -
Removal of vegetation containing an active, inactive or abandoned nest may be allowed
when:
The vegetation is located on a single-family lot, and is located in such a manner
that either:
a. The principal structure cannot be constructed, or
Page 18 of 59
Words 5tfu.l b are deleted, words underlined are added
Cil
b. access to the property is impeded.
2. The protected vegetation poses an imminent threat to human safety or an
adjacent principal or accessory building.
3. The vegetation is located outside of a preserve or an area used to fulfill the
native vegetation preservation requirements of this the LDC.
SUBSECTION 3.G. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended; the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum,
the preservation standards contained within this section.
A. General standards and criteria. The following criteria shall be used to administer the
preservation standards in all unincorporated areas of the County:
3. Areas that fulfill the native vegetation retention standards and criteria for native
vegetative communities of this section shall be set aside as preserve areas,
subject to the requirements of LDC section 3.05.07 H. State and Federal parks
preserves, and forests are subject to compliance with the minimum native
vegetation retention requirements of this section; however, such lands are not
required to be designated as preserves and are exempt from the requirements of
LDC section 3.05.07 H.
13 Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU
and RLSA Districts, native vegetation shall be preserved on site, except for single
family residences, through the application of the following preservation and vegetation
retention standards and criteria. The single family exception is not to be used as an
exception from any calculations regarding total preserve area for a development
containing single family lots. For properties not previously within the Coastal High
Hazard Area but now within the Coastal High Hazard Area due to -adoption of a revised
Coastal High Hazard Area boundary in 2013, the native vegetation preservation and
retention standards of the Non -Coastal High Hazard Area shall continue to apply.
(Reference the Coastal High Hazard Area Comparison Map in the Future_ Land Use
Element of the Collier County Growth Management Plana
Page 19 of 59
Words ugh are deleted, words underlined are added G
Required preservation.
Development Type
Coastal High
Non -Coastal High
Hazard Area
Hazard Area
Residential and Mixed Use
Less than 2.5 acres
10%
Less than 5 acres
10%
development
Equal to or greater than 5 acres
15%
Equal to or greater
26%
and less than 20 acres
than 2.5 acres
Equal to or greater than 20 acres
25%
Golf Course
35%
35%
Commercial and Industrial
Less than 5 acres
10%
Less than 5 acres
10%
development and all other non-
Equal to or greater
15%
Equal to or greater than 5 acres
15%
specified development types
than 5 acres
Industrial development (Rural-
50%, not to exceed 25% of the
50%, not to exceed 25% of the project
Industrial District only)
project site
site.
2. Exceptions. An exception from the vegetation retention standards above shall be
granted in the following circumstances:
a. Where the parcel was legally cleared of native vegetation prior to January
1989 and remains cleared of native vegetation;
b. Where the parcel cannot reasonably accommodate both the application
of the native vegetation retention standards and the proposed uses
allowed under this Code, subject to the criteria set forth in LDC section
3.05.07 H.1.e.
C. Right-of-way acquisitions by any governmental entity for all purposes
necessary for roadway construction, including ancillary drainage facilities,
and including utilities within the right-of-way acquisition area.
d. Existing utility easements and easements for ingress or egress required
for neighboring properties.
e. Previously cleared parcels for support of public infrastructure, and which
remain cleared of native vegetation.
Trees and other vegetation planted for landscaping and which have not
been used to satisfy the native vegetation preservation requirement.
g. Previously cleared fallow farm fields and pastures, with no canopy trees
(other than slash pine trees with less than an 8 inch DBH or palms with
less than 8 foot of clear trunk) and less than 75 percent aerial coverage of
native vegetation. Marshes and similar type environments (540 FLUCFCS
Codes) shall not be included in this exception.
h. Industrial zoned parcels, pursuant to the table in LDC section 3.05.07 B.1
(above), which have a native vegetation retention ree uirement of 2 acres
or less shall be exempt from this requirement. This exemption shall not
apply to the overall native vegetation retention re uirement for a PUD or
subdivision used to create these parcels, unless the overall native
Page 20 of 59
Words SIM& thr-eag# are deleted, words underlined are added
vegetation retention requirement for the PUD or subdivision is 2 acres
or less.
C. Specific standards for the RFMU district. For Lands within the RFMU district, native
vegetation shall be preserved through the application of the following preservation and
vegetation retention standards and criteria, in addition to the generally applicable
standards and criteria set forth in LDC section 3.05.07 A. (above). Further, for the
ortion of the Lake Trafford/Camp Keais Strand System located within the Immokalee
Urban Designated Area native vegetation shall be preserved on site through the
application of the Neutral Lands standards established in LDC section 3.55.07 C.2
(below).
RFMU receiving lands outside the NBMO.
a. A minimum of 40% of the native vegetation present, not to exceed 25%
of the total site area shall be preserved.
Off-site preservation shall be allowed at a ratio of 1:1 if such off-
site preservation is located within RFMU sending lands.
Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-
site preservation is located outside of Sending Lands.
iii. Like for like preservation shall be required for Tropical Hardwood
and Oak Hammock vegetative communities.
b. Where schools and other public facilities are co -located on a site, the
native vegetation retention requirement shall be 30% of the native
vegetation present, not to exceed 25% of the site.
2. Neutral lands.
a. In neutral lands, a minimum of 60% of the native vegetation present, not to
exceed 45% of the total site area shall be preserved.
b. Exceptions.
In those neutral lands located in Section 24, Township 49 South,
Range 26 East, in the NBMO, native vegetation shall be
preserved as set forth in LDC section 2,03.08 D.5.b.
Where schools and other public facilities are co -located on a site,
the native vegetation retention requirement shall be 30% of the
native vegetation present, not to exceed 25% of the site.
3. RFMU sending lands.
a. In RFMU sending lands that are not within a NRPA, 80% of the native
vegetation present on site shall be preserved, or as otherwise permitted
under the Density Blending provisions of LDC section 2.05.02. Off-site
preservation shall be allowed in satisfaction of up to 25% of the site
Page 21 of 59
Words StFuek thFaugh are deleted, words underlined are added �r
H
preservation or vegetative retention requirement, at a ratio of 3:1, if such
off-site preservation is located within or contiguous to Sending Lands.
b. In RFMU sending lands that are within a NRPA, 90% of the native
vegetation present shall be preserved or such other amount as may be
permitted under the Density Blending provisions of LDC section 2.05.02.
Off-site preservation shall not be credited toward satisfaction of any of the
vegetative retention requirement applicable in such NRPAs.
Preserve standards.
1. Design standards.
f. Off-site vegetation retention.
Applicability. A property owner may request that all or a portion of
the Collier County on-site native vegetation preservation
retention requirement be satisfied offsite for only the following
situations and subject to restrictions listed below.
a) Properties zoned commercial dial where the on-
site preserve requirement is less than 2 acres in size.
SUBSECTION 3.H. AMENDMENTS TO SECTION 4.01.02 KITCHENS IN DWELLING
UNITS
Section 4.01.02 Kitchens in Dwelling Units, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.01.02 Kitchens in Dwelling Units and Guesthouses
A. A room or area. shall be considered a kitchen when desivnated as such or when there
is an apparent food preparation area having one or more of the following criteria:
1. A range; or
2. A sink and countertop which is not identified for a use other than food
preparation; or
3. An unexplained 220 -volt electrical outlet that could be used for a major kitchen
appliance, such as a range.
B. A dwelling unit containing less than 2,500 square feet of living area shall be limited to
one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or
greater, may have a secondary kitchen provided all rooms are internally accessible
and the secondary kitchen is only accessible through the main dwelling unit.
C. Nothing in this section shall prohibit a dwelling unit from having a wet bar.
Page 22 of 59
Wordssamueli thmugh are deleted, words underlined are added
C� t
i4 9F 7F 'k k % ai is is 7i is k ]F
SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL
STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
A. The following tables describe the dimensional standards pertaining to base zoning
districts. Site design requirements apply to the principal building on each site.
Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts.
Zoning District
Maximum Minimum
exceed 100'
Building Distance
VR S. F. 30
Height Between
MH 30
(feet) Buildings
GC
35 None
A
35 (None
E
30 None
RSF-1
35 None
C-1 35
1
35 None
RSF-2
RSF-3
35 None
RSF-4
35 I None
RSF-5
135 i None
RSF-6
35
I None
RMF -6
35
A
RMF -12
50
JA
RMF -16 75 IA
RT 10 stories, not to
. A
exceed 100'
None
VR S. F. 30
one
MH 30
None
Duplex 30
None
M.F. 35
B
MH 30
None
TTRVC 30 710
—
C-1 35
None
C-2 35
A
Minimum Floor Area of Floor Area
Buildings Ratio
(square feet) (%)
None None
550 None
1,000 None
1 -story 2 -story None
1,500 1,800
1,500 1,800 None
1,000 1,200 None
800 1,200
600 1,200 None
600 800 None
750 None
Efficiency 450 None
1 BR 600
2+ BR 750
Efficiency 450 None
1 BR 600
2+ BR 750
300 None
(max. for hotel units = 500')
None INone I
None
Ifilone
None
None
1,000 (ground floor)
None
1,000 (ground floor)
None
Page 23 of 59
Words struek thr-augare deleted, words underlined are added
0
C-3
150
None
A
700 (ground floor) None
700 (ground floor) Hotels .60
C-4
75
None
None
A
Destination resort .80
700 [ground floor] Hotels .60
C-5 35
50
30
50
Destination resort .80
I
50
FA
1.000 None
BP
35 —
F
1.000 None
CON
35
None
None None
P
C
None
;None None
CF
Towers/antennas
D
1,000 (ground floor) Mone
x
40
25
10
7.5
Other 30
x
RSF-5
Overlay Districts
See table of special
design requirements applicable to overlay districts.
A = 50% of the sum of the heights of the buildings, but not less than 15 feet.
B = 50% of the sum of the heights of the buildings.
C = Buildings within 100 feet of an adjoining district are limited to the height of the most
restrictive of an adjoining district.
❑ = 50% of the sum of the heights of the buildings, but not less than 25 feet-
Principal
eet.
Princi al Structure Minimum Yard Setback Requirements: Table 2.1 below.
provides the minimum yard requirements for principal structures on conformin
lots of record in base zoning districts. The following shall apply for all other lots:
a. Corner Lots: Corner lots shall have front yards along each street
frontage. The other yards shall be considered side ards. See LDC
section 2.03.01 for Estates setbacks.
b. Nonconforming Lots of Record: Minimum yard requirements for
nonconforming lots of record are provided in LDC section 9.03.03 A.
Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS
(SETBACKS) FOR BASE ZONING DISTRICTS
Note as to setback line measurements minimum setback lines are typically measured from the
legal boundary of a lot, regardless of all easements burdening a lot, with the exception of
easements that comprise a road right-of-way where the minimum setback line is to be
measured from the road right-of-way easement line.
Zoning
district
Minimum
Front Yard
(feet)
Minimum
Side Yard
{feet)
Minimum
Rear Yard
(feet)
Public School
Requirements
GC
None
None
None
A
50
30
50
x
E
75
30
75
x
RSF-1
50
30
50
x
RSF-2
40
20
30
x
RSF-3
30
Waterfront
10
Non -waterfront
7.5
25
x
RSF-4
25
10
7.5
125
x
RSF-5
25
10
7.5
20
x
Page 24 of 59
Words stmeli t4augh are deleted, words underlined are added
CA(
RSF-6
25
10
7.5
20
x
RMF -6
S.F. 25
NA 10
7.5
20
x
Duplex 25
NA 1_f
10
20
3 + units 30
RIA 15
15
20
RMF -12
30
A
30
x
RMF -16
b
A
b
x
RT
b
A
b
x
VR
Waterfront
Non -waterfront
x
SF./MH 20
10
5
20
Duplex 35
15
15
30
M.F. 35
15
15
30
MH'
Waterfront
Non -waterfront
x
25
10
7.5
10
TTRVC2
Waterfront
Non -waterfront
Waterfront
Non -waterfront
-
10
10
5
10
S
C-1
25
Residential
Non-
Residential
Non-
x
residential
residential
25
15
25
15
C-2
25
25
15
25
15
x
C-3'
c
25
a
25
a
x
Ci44
d
25
a
25
a
x
C-5'
25
25
15
25
15
x
14
25
50
a
50
15
x
BP
50
50
10
54
25
-
CONS
50
50
50
50
50
-
P
f
f
f
f
f
x
CF
25
Residential
Non-
Residential
Non-
x
residential
residential
25
15
25
15
Overlay
See table of special design requirements for the applicable overlay district located in
Districts
the appropriate section for that district in Chapter 4.
D. Exemptions and exclusions from design standards.
1. The height limitations contained in Chapter 2 LDC subsection 4.02.01 A. Table 2.
Buildina Dimension Standards for Princival Uses in Base Zoninq Districts do not
apply to infrastructure in support of the building, such as mechanical
penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical
screening, spires, belfries, cupolas, flagpoles, antennas, communications
towers, water tanks, fire towers when operated by a branch of government,
ventilators, chimneys, feed storage structures, silos, windmills, airport control
towers, or other appurtenances placed above the roof level and not intended for
human occupancy or for commercial purposes as provided below:
Page 25 of 59
Words str.,^r through are deleted, words underlined are added
f'A f
SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS
FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
Section 4.02.03 Specific Standards for Location of Accessory Buildings And Structures, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows
4.02.03 Specific Standards for Location of Accessory Buildings And Structures
A. For the purposes of this section, in order to determine yard requirements, the term
"accessory structure" shall include detached and attached accessory use structures
or buildings notwithstanding the attachment of such structure or building containing
the accessory use to the principal use structure or building. Accessory buildings
and structures must be constructed simultaneously with or following the construction of
the principal structure and shall conform with the following setbacks and building
separations -
Table 3. Dimensional Standards for Accessory Buildings and Structures on Non -
Waterfront Lots And Non -Golf Course Lots in Zoning Districts other than Rural
Agricultural (A) and Estates (E)**.
Front
Rear Side
1. Parking garage or carport, single-family SPS
10 feet SPS
2. One-story parking structures andlor carports SPS
35 feet SPS
3 �Muttistory parking structures SPS 35 feet SPS
4. Swimming pool andlor screen enclosure (one- and two-family) SPS
1 10 feet I SPS
5. Swimming pool (multi -family and commercial)
I SPS
; 20 feet 1
15 feet
6. Tennis courts (private) (one- and two-family)
SPS
15 feet
5P5
7.
; Tennis courts (multi -family, and commercial)
I SPS
t3.
Utility buildings
SIPS
9.
Chickee, barbecue areas
SPS
r--
10.
11.
12.
3.
Attached screen porch
Unlisted accessory
Satellite dish antenna
Permanent emergency generators
NP
SPS
SPS
NP
20 feet 15 feet
to feet tsps
Structure to Structure
(If Detached)
10 feet
10 feet _l
111
N
N
10 feet J
20 feet
10 feet
10 feet SPS 110 feet
10 feet l SPS
sPs SP5
NIA
10 feet
15 feet E SPS 1 10 feet
10 feet See Sec. 4.02. 01 D.13 NIA
N = None.
N/A = Not applicable.
NP = structure allowed in rear of building only.
SPS = Calculated same as principal structure-
* = 1 foot of accessory height = 1 foot building separation.
" = All accessory structures in Rural Agricultural and Estates zoning districts must meet
principal structure setbacks -
Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront
Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and
Estates(E)**2
Page 26 of 59
Words stFtiek thFough are deleted, words underlined are added
CIA)
Setbacks
Front Rear Side
Structure to Structure
(if detached)
1.
Parking garage or carport, single-family
SPS i SPS
SPS 10 feet
SPS 10 feet
SPS 111'
N
27
One-story parking structures
SPS f SP5
3.
Multistory parking structures _TSPS
TSPS
4.
Swimming pool and/or screen enclosure (one- and two-family)
ISPS 110feeelsps
5.
Swimming pool (mufti -family and commercial)
SPS 20 feet
115 feet
N
6.
7
Tennis courts (private) (one- and two-family) SPS 15 feet
Tennis courts (mufti -family and commercial) SPS 35 feet
i SPS
SIPS
10 feet
20 feet
8.
Boathouses and haat shelters (private) SPS NIA
7.5 feet or 15 fust
10 feet
i
See subsection 5.03.06F.
9.
Utility buildings
SPS
SPS
10 feet
10 feet
10.
Chickee, barbecue areas
SPS
10 feet
SPS
N
r
11.
Davits, hoists and lifts
NIA
NIA
-
7.5 feet or 15 feet
SPS
12.
Attached screen porch
SPS
10 feet'`
SPS
SPS
13.
Unlisted accessory
SPS
SPS
SPS
10 feet
14.
Docks, decks and mooring pilings
NIA
NIA
7.5 feet or 15 feet . NIA
7.5 feet N/A
SPS 10 feet
15.
Boat slips and ramps (private)
NIA
NIA
16.
Satellite dish antennas
NP
15 feet
17.
Permanent emergency generators
NP
10 feet
See Sec. 4.02.01 D.13 1 NIA
N = None.
NIA = Not applicable.
NP = structure allowed in rear of building only.
SPS = Calculated same as principal structure.
" = All accessory structures in Rural Agricultural and Estates zoning districts must meet
principal structure setbacks.
x Y 1C 1C SG
SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.15 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT
AREA
Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle
Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment
Area
D. Building Types and Architectural Standards
Page 27 of 59
Words fig# are deleted, words underlined are added
G
Purpose and intent. The purpose of this section is to supplement the provisions
of LDC section 5.05.08 of the care by identifying and providing design standards
for the building types allowed within the Bayshore Gateway Triangle
Redevelopment Area. The standards are intended to attach the same importance
to the overall building design as is placed on the use contained therein, and to
ensure that proposed development is consistent with the CRA's goals for
building form, character and quality. Buildings within the BMUD and GTMUD
are expected to be added as long-term additions to the architectural vibrancy of
the community.
2. Applicability. Each proposed building shall be designed in compliance with the
standards of this section for the applicable building type, regardless of the
underlying zoning district provisions. The uses permitted within the building are
determined by the underlying zoning district or overlay subdistrict in which it is
located. All buildings shall meet the design requirements set forth in LDC
section 5.05.08 unless otherwise specified in this section.
3. General Architectural Standards.
e. Exterior building color within the Cultural District. Buildings with a mixed
use or non-residential use and within the Cultural District boundary. as
identified in the Community Redevelopment Agency Resolution 2008-60
as amended shall meet the following exterior building color standards:
i. The use of color materials or finish paint above level 10 saturation
chroma or below lightness level 3 on the Collier Count
Architectural Color Charts is limited to no more than 10 gercent of
a facade or the total roof area.
ii. Natural and manmade materials which exceed the saturation or
lightness level recluirements of Collier County Architectural Color
Charts, such as marble, granite, stone, slate, brick block, tile, and
galvanized metal are permissible.
f. Deviations from exterior building color. AQplicants within the Bayshore
Gateway Trian-gle Community Redevelopment District boundaries may
reguest a deviation from the exterior building color re uirements of LDC
section 5.05.48 C. A deviation request shall be subject to the l2rocedures
established in 5.05.08 F and shall be subject to the following criteria:
L The deviation request is consistent with LDC section 5.06.00
regarding sign re ulations and standards.
ii. The deviation request consists of no more than 3 colors.
iii. The deviation request may not be for a color which is below
lightness level 3 on the Collier County Architectural Color Charts.
Page 28 of 59
Words struck through are deleted, words underlined are added .
S. Building Type: COMMERCIAL
� * * * w w * * + • + • w
g. Massing and Scale: Commercial buildings shall relate in mass and scale
to the adjacent built environment and shall avoid single, large, dominant
building mass.
i. Commercial buildings shall include facade variations so that the
maximum length, or uninterrupted curve, of any facade does not
exceed 100 linear feet. Facade variations shall be provided
through projections and recesses with a minimum depth of 4 feet.
ii. Roofline offsets shall be provided to lend architectural interest and
variety to the massing of a building and to relieve the effect of a
single, long roof. The maximum length of an uninterrupted flat roof
is 100 linear feet.
M! TTMZ�Ml
.
2--0 —0.
h. � Awning:
For awnings spanning less than 25 percent of a fagade, an
applicant may request a deviation from the color restriction
identified in section 5.05.08 C.11.6v. These deviation requests
shall be subject to the procedures established in section 5.05.48
F. following the review and approval by the CRA Advisory Board
to ensure consistency with CRA goals and objectives and
community character.
Page 29 of 59
Words stpaek thi-eagh are deleted, words underlined are added
Cit{
SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.06.62 Buffer Requirements
C. Table of buffer yards.
Types of buffers. Within a required buffer strip, the following alternative shall be used
based on the matrix in table 2.4.
1. Altemattve A: Ten -foot -wide landscape buffer with trees spaced no more than
30 feet on center. When an Alternative A buffer is located within a residential
PUD and adjacent to a lake the required trees may be clustered on common
prol2erty lines to provide a view of the lake. Clustered tree plantings shall not
exceed 60 feet between clusters.
2. Altemative B: Fifteen -foot -wide, 80 percent opaque within one year landscape
buffer six feet in height, which may include a wall, fence, hedge, berm or
combination thereof, including trees spaced no more than 25 feet on center.
When planting a hedge, it shall be a minimum of ten gallon plants five feet in
height, three feet in spread and spaced a maximum four feet on center at
planting. When an Alternative B buffer is located within a residential PUD and
adjacent to a lake the recluired plant materials may be clustered to provide
views. Clustered tree plantings shall not exceed 60 feet between clusters and the
clustered hedge plantings can be provided as a double row of shrubs that are a
minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in
width the hedge planting shall not be required. When a community facility is
located within a residential PUD and abuts a residential unit, a Type B buffer
shall be required. When a fence or wall is used within the buffer a minimum of
50 percent of the trees and hedge plantings shall be located on the residential
side of the fence or wall.
Page 30 of 59
Words stmek ffireugk are deleted, words underlined are added
6t
Table 2.4 Table of Buffer Requirements by Land Use Classifications
Subject Property's District'Use
Adjacent Properties Zoning District andlor
Property Use
1 12
13
14
5 16
17
18
9
10
11
12
13
14
1. Agriculture (A)
-
B
B
B
B
B
A
A
A
A
D
A-
A
2. Residential (E, RSF) single-family
A
A
B
B
6
B I
B
C
B*
D
B-
C
3. Residential (RMF -6, RMF -12, RMF -16)
multifamily
A
B
A
A
A
13
B
B
B
B-
C
4. Residential tourist (RT)
A
BAA
BBA
B
B
D
B-
B
5. Village residential (VR)
A
A
B
B
ABB
B
B
D
B-
B
6. Mobile home (MH)
A
B
B
B
B
A
B
B
B
I B
B
B
7. Commercial3-2 (C-1, r- 14, C-2, C-3, C-4,
C-5); Business Park (BP)
A
B
B
B
B
B
A
A
A*❑
B
B
B
8. Industrial2 (1)
A
C
B
B
B
B
I A
A2
A*
D
B
B
B
9. Public use (P), community facility (CF), Golf
Course Clubhouse, Amenity Center
A
B
B
B
BBA
A
A
*
D
B
-
C
10. Planned unit development (PUD)
*
*
*
*
*
D
11. Vehicular rights-of-way
D
D
DID
D
D
D
D
D-
B
12. Golf course maintenance building
B
B
B
B
B
B
B
B
B
B
B
A
B
C
13. Gaff course
-
-
-
-
-
-
-
-
-
-
-
B
-
C
14. Automobile service station a
A
C
C
B
B
B
B
B
C*
D
C
C
D
Table 2.4 information: The letter listed under "Adiacent Properties Zoning District and/or
Property Use" shall be the landscape buffer and screening alternative required. Where a conflict
exists between the buffer re uired by zoning district or progerty use the more stringent buffer
shall be required. The " - " symbol shall represent that no buffer is required. The PUD district
buffer, due to a variety of differing land uses is indicated by the " * " symbol, and shall be based
on the landscape buffer and screening of the district or property use with the most similar types
densities and intensities of use. Where a conflict exists between the buffering requirements and
the vard requirements of this Code, the yard requirements of the subject zoning district shall
- 4 .
Buffering in agriculture (A) districts shall be applicable at the time of site
development plan (SDP) submittal.
2 Industrial (1) zoned property, where abutting industrial (1) zoned property, shall
be required to install a minimum 5 -foot -wide type A landscape buffer adjacent to
the side and rear property lines. The buffer area shall not be used for water
management. In addition, trees may be reduced to 50 feet on center along rear
and side perimeter buffers only. This reduction in buffer width shall not apply to
buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
Abutting industrial zoned properties may remove a side or rear buffer along the
shared property line in accordance with Section 4.06.02 C.7. This exception to
buffers shall not apply to buffers abutting to vehicular rights-of-way.
Page 31 of 59
Words ugh are deleted, words underlined are added
,(,lri
3 Buffer areas between commercial outparcels located within a shopping
center, Business Park, or similar commercial development may have a shared
buffer 15 feet wide with each abutting property contributing 7.5 feet. The
outparcels may remove a side or rear buffer along the shared property line
between comparable uses within the same zoning designation in accordance
with Section 4.06.02 C.7. These provisions shall not apply to right-of-way
buffers.
Lf. to section 5.05.05 for automobile service station landscape
requirements.
SUBSECTION 3.M. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS,
EXCLUDING SOUND WALLS
Section 5.03.02 Fences and Walls, Excluding Sound Walls, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
5.03.02 Fences and Walls, Excluding Sound Walls
* * * • • • * w i. * * w
C. Residential {RSF, RMF, RT, VR, MH} and TTRVC zoning districts and designated
residential components of PUDs shall be subject to the following maximum fence and
wall heights:
a-1. If located within the €required front yard:
�-a. Lots greater than 1 acre: 6 feet.
i -b. Non -waterfront interior lots 1 acre or less: 4 feet.
+++-c. Waterfront lots 1 acre or less: 4 feet -
iv -d, Corner lots 1 acre or less: fences closer than 10 feet to the longest lot
line frontage of a corner lot, 4 feet; when placed at 10 feet or greater
from the longest lot line frontage, t4aA then 6 feet.
b-2. If located within the Rrequired side and/or rear yard(s).
�-a. Lots greater than 1 acre: 6 feet.
+-b. Non -waterfront interior lots 1 acre or less: 6 feet.
+i�c. Waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards.
fv-d. Public Utility Ancillary Systems: 8 feet.
Page 32 of 59
Words stfu,k thfough are deleted, words underlined are added
9
v --e. Corner lots 1 acre or less: 4-6 feet (there is no rear yard on a corner
lot).
H. Wall requirement between residential and nonresidential development. Whenever a
nonresidential development lies contiguous to or opposite a residentially zoned district, a
masonry wall, concrete or pre -fabricated concrete wall and/or fence shall be constructed
on the nonresidential property consistent with the following standards.
4. Deviation from wall requirement.
a. At the applicant's request, the County Manager or designee may
determine that a masonry wail and/or fence is not warranted, particularly
where the local street lies contiguous to the rear of a residence or some
other physical separation exists between the residential development and
the nonresidential development, or for other good cause including the
existence of a wall on an adjacent residential development. The
applicant shall demonstrate that the intent of this section can be
effectively accomplished, without constructing a wall, by providing
submitting f^• appFgyal of an alternative design and a descriptive
narrative throw - h an Administrative f=ence Waiver application, as set forth
in the Administrative Code. through the admiRietFati- PFGGes8
„t foFth ; , bseet;an 6.93.92 Q 2 h of this Go The County Manager
or designee shall review the submitted documents for consistency with
the intent of this section and, if the administrative variance is approved,
the approval and its basis shall be noted on the site development plan
and the administrative variance approval letter.
SUBSECTION 3.N. AMENDMENTS TO SECTION 5.03.03 GUESTHOUSES
Section 5.03.03 Guesthouses, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.03.03 Guesthouses
Where a guesthouse is an allowable use, it shall be permitted only in compliance with the
following standards. See LDC section 1.08.00 Guesthouse for additional information.
A. No guest accommodation facility in a single-family residential district, whether a
freestanding guest house or guest accommodations which are structurally integrated
with the main dwelling, may be utilized for commercial purposes.
Page 33 of 59
Words fig# are deleted, words underlined are added
SUBSECTION 3.0. AMENDMENTS TO SECTION 5.03.05 CARETAKER RESIDENCES
Section 5.03.05 Caretaker Residences, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.03.05 Caretaker Residences
The County Manager or designee may authorize the construction of a caretaker's residence in
the C-1 IT, C-2, C-3, C-4, C-5, and 1 zoning districts subject to the following:
'h ]r[ iC ]F F * is 'IC eF 1F is is
SUBSECTION 3.P. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND
MODEL SALES CENTER
Section 5.04.44 Model Homes and Model Sales Center, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.04.04 Model Homes and Model Sales Center
B. Model homes and model sales centers located within residential zoning districts, a
residential component of a PUD, the estates (E) zoning district, or the agricultural (A)
zoning district, shall be restricted to the promotion of a product or products permitted
within the zoning district in which the model home or model sales center is located and
further subject to the following:
1. Model homes shall only be permitted for dwellings that have not been previously
used as a residence.
2, A model home or model sales center is not intended to allow the full scope of real
estate activities and shall be restricted primarily to the sale and marketing of the
model or products similar to the model. A model home shall not include offices
for builders, contractors, developers, or similar activities.
3. Model homes may be "wet" or "dry."
a. Model homes permitted as "dry" models (unoccupied by a sales office
and/or representative) shall be limited to a conditional certificate of
occupancy allowing the use of the structure as a model only, provided all
required infrastructure is in place to service the unit.
b. Model homes permitted as "wet" models (occupied by a sales office
and/or representative) shall not be occupied until such time as all required
infrastructure is available to service the unit and a permanent certificate of
occupancy has been issued.
Page 34 of 59
Words stru,.L through are deleted, words underlined are added
C. Transportation to and from unoccupied model homes shall be provided at
a sales center, which also provides required parking and handicapped
accommodations in accordance with LDC section 5.04.04.(C).
d. Model homes occupied by a sales office and/or representative must have
all required landscaping, parking, and handicapped access on site.
e. A temporary use permit for a model home (occupied or unoccupied) shall
be issued initially for a period of twee X33 years. Extensions in excess of
this period shall require submittal and approval of a conditional use
petition in accordance with LDC section 10.08.00Chapter 10 of this Code. -
4. Model sales centers may be located in either a temporary structure, usually a
mobile home, or a permanent structure which is either a residential dwelling
unit or a non-residential structure. Temporary use permits shall be issued as
follows:
a. A temporary use permit for a sales center in a temporary structure shall
be issued initially for a period of three (3)—years and may be renewed
annually based upon demonstration of need.
b. A temporary use permit for a sales center in a permanent structure
which is a residential dwelling unit shall be issued initially for a period of
thFee-(3) years. Extensions in excess of this period shall require submittal
and approval nnot a conditional use petition in accordance with LDC
section 10.08.�/ilhptef '1ll ref 4�de
C. A temporary use permit for a sales center in a permanent structure other
than a residential dwelling unit shall be issued initially for a period of
three (3� years and may be renewed annually on demonstration of need.
5. Temporary use permits for model homes or model sales centers to be located
within a proposed single-family development prior to final plat approval may be
requested by the applicant and require:
a. Administrative approval of a plat and construction plans showing all
required infrastructure for the lot(s) on which the model home or model
sales center is to be located.
b. A site development plan (SDP) pursuant to LDC section
10.02.03Gh 1 G).
C. A maximum of f ve453 models, or a number corresponding to ter',4103
percent of the total number of platted lots, whichever is less, per platted,
approved development shall be permitted prior to final plat approval as
specified above.
d. The applicant shall provide documentation that all required utilities will be
available to the subject site, and, where required, shall depict such
utilities in detail on the SDP.
Page 35 of 59
Words fig► are deleted, words underlined are added 1
e. The parcels on which the models are located must abut a privately
owned and maintained road, temporary in nature or permanently
constructed to Collier County roadway standards.
The boundaries depicted on the preliminary subdivision plat shall be
depicted on the SDP in order to ensure compliance with the applicable
development standards in effect on the subject property.
g. Final lot grading and drainage conveyance shall be in conformance with
the master grading plan for the project as depicted on the preliminary
subdivision plat submittal documents.
B. Temporary use permits for model units or units used for sales centers in multi-
family projects shall not be issued prior to plat recordation and final approval of
the project site development plan.
7. All other temporary use requests for model homes shall require the submission of
a conceptual plan which demonstrates that provisions will be made to adequately
address the requirements of LDC section 5.04.44 4C3.
8. Temporary use permits for a model sales center within an existing subdivision
shall require a site plan as follows:
a. In the case of a permanent structure which is a dwelling unit, a site
improvement plan (SIP) per LDC section 10.02.03' n.9'.^" of this Gede;
b. In the case of a permanent structure which is other than a dwelling unit,
a site development plan (SDP);
G. In the case of a temporary structure (mobile Dome or sales trailer), either
a conceptual site plan {CSP} which addresses the requirements of LDC
section 5.04.044C3, or a SIP depending on the extent of the work
required.
d ❑ SIP depending nn rend extant of in�iWOFk F -_----on
Q' , z.�ccc.��a yr the .rv� r. rII..y urs vu.
9. Temporary use permits for model homes to be located within a proposed single-
family development may be approved following administrative approval of a plat
and construction drawings for all required infrastructure encompassing the lots
on which the models are to be constructed pursuant to LDC section 4.03.00, and
a CSP which addresses the requirements of LDC section 5.04,04(C) of this
Cede. Unoccupied (dry) model homes will be permitted only in conjunction with
an approved SDP for a model sales center which provides adequate parking to
support the model(s).
10. Temporary use permits for occupied (wet) model homes following subdivision
approval shall require a CSP which addresses the requirements of section
5.04,044C3 of the LDCthis Code. Temporary use permits for unoccupied model
homes following subdivision approval shall require a CSP and shall be issued
only in conjunction with an approved SDP or SIP for a model sales center which
provides adequate parking to support the model(s).
Page 36 of 59
Words StNeU gh are deleted, words underlined are added
SUBSECTION 3.Q. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04.05 Temporary Events, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be
issued for seasonal and holiday related temporary sales subject to the following
restrictions.
1. Temporary use permits for seasonal sales may be issued only for the following
seasonal/holiday related items:
a. Christmas trees.
b. Fireworks, as allowed by F.S. Chapter 791 and (subject to the issuance of
an approved permit by the jurisdictional fire district).
G. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties.
3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for the
temporary seasonal sales.
4. Temporary use permits for seasonal and/or holiday sales may, in support of the
use being permitted, include the placement of signs, merchandise, temporary
structures, and equipment.
i a. Temporary signage is subject to the restrictions set forth in LDC
subsection 5.04.06 A & B.
++ b. A building permit may be required for the erection of temporary
structures.
Page 37 of 59
Words .., kiel thFOugh are deleted, words underlined are added
SUBSECTION 3.R. AMENDMENTS TO SECTION 5.06.00 SIGN REGULATIONS
AND STANDARDS BY LAND USE CLASSIFICATION
Section 5.05.00 Sign Regulations and Standards by Land Use Classification, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.00 Sign Regulations and Standards by Land Use Classification
A. Definitions_ The definitions of the following terms shall apply to the requirements of the
Land Development Code, in particular this section 5.05.00, to be known as the "Collier
County Sign Code."
Light Pole Banners: Fabric panels promecting from light poles.
SUBSECTION 3.S. AMENDMENTS TO SECTION 5.06.02 DEVELOPMENT
STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS
Section 5.06.02 Development Standards for Signs within Residential Districts, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.02 Development Standards for Signs within Residential Districts
Applicability. Signs within residential zoning districts, and in designated residential
portions of PUD zoned properties shall be permitted as provided for in this section.
5. On -premises directional signs. This grovision shall apply to all new and
existing residential developments within Collier County, including all created
through the PUD process. In the event of a conflict between this provision and a
PUD ordinance, the PUD language shall control. Directional signs are subject to
the following standards: no gFeateF than " S Un.e feet in A feat in height
ate�ternal to the subdivision
and leGnr deyelopmentmay be allowed under the
a
following FeStFiGti9%.-
a. Each sign shall be setback a minimum of 10 feet from the edge of the
roadway, paved surface or back of the curb, as applicable.
b. There is no limitation on the number of directional signs provided they are
separated by a minimum distance of 250 feet or a road right-of-way_
b -c The6e sign may he rembined ;nt„ a SianS shall be no greater than 4
square feet in area and 4 feet in height.
Page 38 of 59
Words ugh are deleted, words underlined are added 0
i. Exception. One on- remise directional sign with a maximum area
of 24 square feet and a maximum height of 8 feet is allowed. Such
semb+ned signs requires a building permit.
d. Directional signs shall be located internal to the subdivision or
development.
12. Community Amenities Sians.
a. Amenity sicin. A community center, clubhouse health spa, tennis club
and other recreational facilities intended primarily to serve the residential
communities and/or residential components of a PUD are allowed to have
amenity signs located interior to the residential development and shall not
be visible from external roadways. This provision shall apply to all new
and existing residential developments within Collier County, including all
created through the PUD process. In the event of a conflict between this
provision and a PUD ordinance, the PUD language shall control. The
following amenity si ns are allowed:
i. A maximum of 2 around signs with a height of 8 feet and a sign
copy area of no more than 32 square feet per sign. Signs shall be
located at the main entrance to the facility. A minimum 10 foot
setback from the property line or road right-of-way is required.
ii. A maximum of 1 wall sign, pursuant to 5.06.02 B.7.
b. Information sign. A community information sign shall be no larger than 6
feet in height and 16 square feet in area. An informational sin shall be
located interior to the subdivision or residential development.
13. Light Pole Banner. Liaht vole banners shall be located interior to residential
developments and/or residential components of a PUD and shall not be visible
from external roadways. One light pole banner may be attached to community
street light poles with a minimum clearance of 8 feet, measured from the lowest
Dint of the light Pole banner bracket. Light Pole banners shall be no more
than 12 square feet per banner. This provision shall appiy to all new and existing
residential developments within Collier County, including all created through the
PUD Rrocess. In the event of a conflict between this Rrovision and a PUD
ordinance, the PUD language shall control.
a. Residential communities shall be responsible. for the maintenance of all
light pole banners. No permit is required to install a light pole banner.
14. Boundary Marker sion. One boundary marker sign or monument structure ma
be located at each RroRerty corner. The boundary marker may contain the name
of the subdivision and the insignia or motto of the development. This Provision
shall apply to all new and existing residential develo ments within Collier Count
including all created through the PUD process. In the event of a conflict between
this provision and a PUD ordinance, the PUD language shall control.
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a. The maximum height is 8 feet to the uppermost portion of the bounds
marker structure.
b. The sign face area may not exceed 24 square feet in area and may not
exceed the height or length of the monument or structure upon which it is
located.
C. Minimum setback from all property lines and road right-of-way is 10
feet.
d. A maximum of two boundary markers shall be allowed on anv one road
frontage, provided that boundary markers are separated by a minimum
distance of 250 feet.
SUBSECTION 3.T. AMENDMENTS TO SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS
Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.04 Development Standards for Signs in Nonresidential Districts
F. On -premise signs. On -premises pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidential zoning districts subject
to the restrictions below:
4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning
sign shall be permitted for each single -occupancy parcel, or for each unit in a
multiple -occupancy parcel. Sicln(s) shall be affixed to the associated tenant or
lease holder's unit, with exceptions for architectural design impediments., as
noted in LDC section 5.06.04 FA.b. End units within shopping centers and
multiple -occupancy parcels, or single occupancy parcels where there is double
frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall
not be placed on one wall. Retail businesses with a floor area of larger than
25,000 square feet and a front wall length of more than 200 linear feet, are
allowed 3 wall signs; however, the combined area of those signs shall not exceed
the maximum allowable display area for signs by the LDC.
a. The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade including windows
of the building or unit to which the sign will be attached and shall not, in
any case, exceed 150 square feet for buildings or units up to 24,999
square feet, 200 square feet for buildings or units between 25,000 and
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G
59,999 square feet and 250 square feet for buildings over 60,000 square
feet in area.
b. No wall sign shall exceed 80 percent of the width of the unit(s) or the
building with a minimum of 10 percent clear area on each outer edge of
the unit(s) or of the building. Exceptions may be granted for architectural
design impediments subject to noted approvals .
j. The clear area,"waver may be reduced in width or eliminated
provided approval is granted by the County Manager or designee.
if it inter-feFes with the ar-n-hotm-G-t-Wral featur49,16 of the WRit(s) OF the
building
ii. A sign may encroach onto an adjacent unit l2rovided the following:
a Approval is granted by the County Manager or designee-,
and
b] A notarized authorization letter is required at the time of
building permit submittal from the property owner or
property management company ivin authorization for the
sign installation and encroachment onto the adjacent
tenant space.
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SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.05 EXEMPTIONS FROM
THESE REGULATIONS
Section 5.06.05 Exemptions from These Regulations, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.06.05 Exemptions from These Regulations
The following signs and actions are exempt from the permit requirements of the LDC this tee,
and shall be permitted in all districts subject to the limitations set forth below:
A. Signs authorized to be displayed by law or by governmental order, rule or regulation.
* * * * * * * * * * * * *
4. Religious dis las that do not constitute advertising and which are consistent
with the requirements of LDC section 5.06.04 F.11 regarding illumination.
� x �
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SUBSECTION 3.V. AMENDMENTS TO SECTION 6.06.06 PROHIBITED SIGNS
Section 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.06.06 Prohibited Signs
A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited.
7. Clear or uncovered neon and exposed LED signs.
SUBSECTION 3.W. AMENDMENTS TO SECTION 5.06.09 NONCONFORMING
SIGNS
Section 5.06.09 Nonconforming Signs, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.06.09 Nonconforming Signs
A. A nonconforming sign shall not be enlarged or altered in a way that increases its degree
of nonconformity. if any sign or portion thereof is to be altered, then the sign/sign
structure is to be brought into compliance with all current provisions of the LDC.
1. Chane in sr n copy. Notwithstanding the above a chane in sin copy to a
nonconforming sin structure shall be permitted and shall require a building
permit. However, if the chane in sin copy includes a chane in size shave, or
function of the sin structure it shall require the nonconforming sin to be
removed or altered so as to conform to the regulations contained within the LDC.
B. A nonconforming sign shall not be structurally altered to prolong the life of the sign.
Reasonable repair and maintenance of nonconforming signs, is permitted.
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SUBSECTION 3.X. AMENDMENTS TO SECTION 6.06.02 SIDEWALKS, BIKE LANE
AND PATHWAY REQUIREMENTS
Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
6.06.02 Sidewalks, Bike Lane and Pathway Requirements
A. All developments must construct sidewalks, bike lanes, and pathways, as described
below:
7. Sidewalks and bike paths at intersections shall continue to the edge of curb as
depicted by Illustrations 1 and 2.
rAP X V P4P 8IW CUP 8
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TO EDGE OF CURB
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Illustration 1
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CURS RAMPS
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Illustration 2
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8. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of
an intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio
greater than as outlined by the Florida accessibility code for building construction.
SUBSECTION 3.Y. AMENDMENTS TO SECTION 9.03.03 TYPES OF NONCONFORMITIES
Section 9.03.03 Types of Nonconformities, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
9.03.03 Types of Nonconformities
A. Nonconforming lots of record. In any district, any permitted or permissible structure
may be erected, expanded, or altered on any lot of record at the effective date of
adoption or relevant amendment to the LDC.
Except as provided herein, theThe minimum yard requirements in any residential
district except RMF -6 and E estates) -shall be as for the most similar district to
which such lot of record most closely conforms in area, width and permitted
use, except that when possible the greater of any yard requirement in either
district shall apply, and except when specifically provided for in the district
regulations.
a. Rural Aaricultural (A) zonin❑ district
i. Front Yard: 40 feet.
ii. Side Yard: 10 percent of lot width not to exceed 20 feet on each
side.
.iii. Rear Yard: 30 feet.
b. Estates Q zoning district: See LDC section 2.03.01 for setbacks.
c. RMF -12:
i. Sinale-family dwellings revert to RSF-6 standards.
ii. Duplex and multi -family dwellings revert to RMF -6 standards.
d. Mobile Home (MH) zoning district:
i. Front Yard: 10 feet.
ii. Side Yard: 5 feet or zero 0 foot. Where zero is used the
opposite Yard must maintain a minimum of_10feet.
iii. Rear Yard: 8 feet.
iv. Waterfront Yard [Side or Rear]: 10 feet.
2. The minimum side yard requirement in any commercial or industrial district shall
be equal to the height of the proposed principal structure, or the minimum side
yard requirement in the district, whichever is lesser.
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rpt
3. Nonconforming through lots, i.e- dGLAble fFGF;tag tS, legal Rop onfeFming
ets of Fecord with dGuble Fead freRtage, which are nonconforming due to
inadequate lot depth, m^ whishGa , may have a reduced the front yard along
the local road frontagepe#+arri. The reduction shall be computed at the rate of
fifteen (15) percent of the depth of the lot, as measured from edge of the right-
of-way. Front yards along the local road shall be developed with structures
having an average front yard of not less than six 5 feet: no building thereafter
erected shall promect beyond the average line. The reduced front yard setback
shall be prohibited along a collector or arterial roadwa .
4.5-, When two or more adjacent legal nonconforming lots of record are either
combined under a single folio or parcel number for taxing purposes by the
property appraiser's office, or combined as a single {parcel by recording the
previously separate non -conforming lots into one legal description, neither or
both of these actions will prohibit the owner or future owners from subsequently
splitting the parcel into two or more folio or parcel numbers for tax purposes; or
severing the parcels into their former legal descriptions as legal nonconforming
lots of record according to the original legal description(s) at the time the
property was recognized as legal nonconforming. Prior to any two or more
adjacent legal non -conforming lots being combined for development, a legally
binding document must be recorded to reflect a single parcel with a unified legal
description. Once such a document has been recorded to amend the legal
description and a development permit has been approved by the County for
development as that unified parcel, the property cannot be split or subdivided
except as may then be allowed by this Code.
5. Nonconformina Corner Lots. Corner lots of record which existed prior to the
date of adoption of Collier County Ordinance No. 82-2 [January 5, 19821 and
which do not meet minimum lot width or area requirements established in the
LDC shall be required to provide only one full depth frontyard- The full depth
front yard requirement shall apply to the front yard which has the shorter or
shortest street frontage. The setback requirement for the remaining front
Yard(s) may be reduced to 50 percent of the full front yard setback requirement
for that district exclusive of any road right-of-way or road ri ht-of-wa
easement. For setbacks for Estates E zo n i ng district see Section 2.03.01.
]C ]C iC X ]C 1C iC r. SC X
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6[
SUBSECTION 32. AMENDMENTS TO SECTION 18.02.08 REQUIREMENTS FOR
AMENDMENTS TO THE OFFICIAL ZONING ATLAS
Section 10.92.08 Requirements for Amendments to the Official Zoning Atlas, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.08 Requirements for Amendments to the Official Zoning Atlas
Restrictions, stipulations and safeguards. The Planning Commission may recommend
that a petition to amend, supplement or establish a zoning district be approved subject to
stipulations, including, but not limited to limiting the use of the property to certain uses
provided for in the requested zoning district. The governing body, after receiving the
recommendation from the Planning Commission on a request to amend, supplement or
establish a zoning district, may grant or deny such amendment or supplement and may
make the granting conditional upon such restrictions, stipulations and safeguards as it
may deem necessary to ensure compliance with the intent and purposes of the Growth
Management Plan.
2. Dedication of public facilities and development of prescribed amenities.
b. Land set aside and/or to be improved as committed as part of the
rezoning approval shall be deeded or dedicated to Collier County within
99 days of receipt of notification by the county that the property is needed
for certain pending public improvements or as otherwise approved by the
Board of County Commissioners during the rezoning approval process. In
any case, however, the county shall take title to the set aside property, at
the latest, by a date certain established during, and condition on, the
approval of the rezoning action. At no cost to the county, the land set
aside and/or to be improved shall be made free and clear of all liens,
encumbrances and improvements, at the applicant's sole expense,
except as otherwise approved by the board. Failure to deed the land or
complete the dedication within the 90 day appropriate time frame noted
above may result in a recommendation to the board of -for consideration
of rezoning the subject parcel from its current zoning district to an
appropriate zoning district and may be in a violation of this LDC pursuant
to LDC section 8.08.09.
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SUBSECTION 3.AA. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT(PUD)PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
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10.02.13 Planned Unit Development (PUD) Procedures
D. Time limits for approved PUDs. If prior to effective date of this ordinance a PUD
contains a sunset provision, the sunset provision shall be deemed null and void-
Development
oid.Devel❑ ment rights conferred by an approved PUD shall remain in force so long as the
are in accordance with the Collier County Growth Management Plan as amended. F-ar
purposes of this seetieR, the word "sunset" eF "suRsetting" -Shall be the t ..... use d to
r-•� m�����nor�
Page 50 of 54
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G
Page 51 of 59
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Words s.r,.,,tg* are deleted, words underlined are added
E. Changes and amendments. There are three types of changes to a PUD r^asteF plan
Ordinance: Substantial, Insubstantial, and Minor. Language Ghanges to a PFeVi OUST
housing whiGh 06 Gon rd,,,d te be a m nor change aS deGGFmbed iR Section 10.024-3
E.v-v
Substantial changes. Any substantial change(s) to an approved PUD Ordinance
shall require the review and recommendation of the Planning Commission and
approval by the Board of County Commissioners as a PUD amendment prior to
implementation. Applicants shall be required to submit and process a new
application complete with pertinent supporting data, as set forth in the
Administrative Code. For the purpose of this section, a substantial change shall
be deemed to exist where:
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Words SIFUek thFekigk are deleted, words underlined are added CA 0)
SUBSECTION 3.13B. AMENDMENTS TO SECTION 10.03.05 REQUIRED METHODS
OF PROVIDING PUBLIC NOTICE
Section 10.03.05 Required Methods of Providing Public Notice, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.03.05 Required Methods of Providing Public Notice
This section shall establish the required methods of providing public notice. Chapter 8 of the
Administrative Code shall establish the public notice procedures for land use petitions.
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where
required shall be held prior to the first public hearing and noticed as follows:
Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section
10.03.05 B.
2. Newspaper Advertisement prior to the NIM.
B. Mailed Notice.
Where required, Mailed Notice shall be sent to property owners in the notification
area as follows:
a. For areas in the urban designated area of the future land use element of
the Growth Management Plan notices shall be sent to all property owners
within 500 feet of the property lines of the subject property.
b. For all other areas, notices shall be sent to all property owners within
1,000 feet of the property lines of the subject property.
C. Notices shall also be sent to property owners and condominium and civic
associations whose members may be_a-re impacted by the proposed land
use changes and who have formally requested the county to be notified.
A list of such organizations must be provided and maintained by the
county, but the applicant must bear the responsibility of insuring that all
parties are notified.
2. For the purposes of this requirement, the names and addresses of property
owners shall be deemed those appearing on the latest tax rolls of Collier County.
Unless required by F.S. §125.66 (4), the mailed notice is a courtesy only and is
not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is
made, failure to mail or to timely mail the notice or failure of an affected property
owner to receive mailed notice will not constitute a defect in notice or bar the
public hearing as scheduled.
C. Newspaper Advertisement.
In accordance with F. S. §125.66.
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0
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first
advertised public hearing pursuant to the Administrative Code.
E. Agent Letter. Where re uired an informational letter shall be sent by the owner or Agent
to property owners within 150 feet of the area covered by the petition following the initial
staff review comments for the petition and prior to the resubmittal of the petition to the
County.
SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.46 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For
minor conditional use notice requirements see 10.03.46 C, below and for County
initiated rezonings, see 10.03.06 K.:
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC or BZA hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
C. Newspaper Advertisement prior to each advertised public hearing in
accordance with F.S. §125.66.
d. Posting of a sign prior to the first advertised public hearing.
e. For a rezoning or a PUD amendment the County shall notify by mail each
owner within the area covered by the proposed ordinance or resolution of
the time, place, and location of the public hearing before the BCC or BZA.
C GFd;n.,nce o Fesel toren f9F a mMinor conditional use.
D QFdinaRGe OF Fesol Linn fwr , PUD extension, conditional use extension, or conditional
use re -review:
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F GFd' ,ante or reser, tion {^r a .Variance, pursuant to LDC section 9.04.02 or a sign
variance, pursuant to LDC section 5.06.08:
The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. An Aaent Letter shall be sent to property owners within 150 feet of the
area covered by the petition following the initial staff review comments
and prior to the resubmittal of the petition to the County.
a -b. Mailed Notice prior to the advertised 12ublic hearing. Mailed NetiGe shall
b -c. Newspaper Advertisement prior to each advertised public hearing.
G -d. Posting of a sign prior to the first advertised public hearing.
G. OFdinanGe GF FeselUtiOR for a PaF ParkincLexemption, pursuant to LDC section
4.05.02 K.3:
The following advertised public hearing is required:
a. One BZA Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission one BZA hearing.
2. The following notice procedures are required:
a. An Agent Letter shall be sent to property owners within 150 feet of the
area covered by the petition following the initial staff review comments
and l2rior to resubmittal of the Retition to the Count .
-A NIM. See LDG
.,Gtpon 1 n 03 95 e
b. Mailed Notice prior to each advertised public hearing.
pFope Fly owneFs
C. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sin prior to the first advertised public hearing.
H QFdi .. nceOF ^i, 9R {^F a PUD Insubstantial Change (PDI) or Boat Dock Facility
Extension, Boathouse Establishment, or Boat Dock Canopy Deviation:
The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
Page 56 of 54
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The following notice procedures are required:
a. For a PDI a NIM. See LDC section 10.03.05 A. However, upon written
request by the applicant, the Hearing Examiner has the discretion to
waive the NIM after the first set of staff review comments have been
issued.
b a. Mailed Notice prior to the advertised public hearing.
c b. Newspaper Advertisement prior to the advertised public hearing.
d G. Posting of a sign prior to the advertised public hearing.
I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a
Development of Regional Impact (DRI):
J. Ordinance or resolution that is initiated by the BCC and will change the zoning map
designation of less than 10 contiguous acres of land. This is commonly referred to as a
rezone.
* is F F F k F F k �c a4 do
2. The following notice procedures are required:
d. The County shall notify by mail each owner within the area covered by the
pr000sed ordinance or resolution of the time, place, and location of the public
hearings before the BCC.
K. Ordinance or resolution that is initiated by the BCC and will change the zoning map
designation of more than 10 contiguous acres of land or more or an ordinance or
resolution that will change the actual list of permitted, conditional, or prohibited uses of
land within a zoning category. This is commonly referred to as a rezone or LDC
amendment:
2. The following notice procedures are required:
b. Newspaper Advertisement prior to the BCC hearings in accordance with
FS § 125.66 (4) including a project location map.
L In lieu of the newspaper advertisement, the BCC may mail a
written notice to property owners within the area covered by the
proposed ordinance or resolution. The notice shall include the
time, place and location of both the public hearings before the
BCC.
T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC
section 10.02.13 E.3.c.
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The following notice procedures are required:
a. Mailed Notice, sent by the applicant.
2. The following advertised public hearings may be required:
a. if a written objection is received, one BCC or Hearing Examiner hearing.
U. Automobile Service Station Waiver pursuant to 5.05.05; and Alcohol Beverage Distance
Waiver pursuant to 5.05.01, .
The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required.
a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent
to property owners within 150 feet of the area covered by the petition
following the initial staff review comments and prior to the second
submittal.
a -b. Newspaper Advertisement prior to the advertised public hearing.
V. Nonconforming Use Chane Rursuant to 9.03.02 D and Nonconformin-g Use Alteration
pursuant to LDC section 9.03.03 B.5.
1. The followinq advertised public hearings are required:
a. One Hearinq Examiner or BZA hearing.
2. The following notice procedures are re uired:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
C. Posting of a sin Rrior to the advertised Rublic hearing.
SECTION FOUR: ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING
ATLAS
The amended Zoning Map Number 0502S attached as Exhibit A is hereby adopted.
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C'1()
SECTION FIVE: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re -lettered to accomplish such, and the word 'ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 81h day of July, 2014.
i--'- �: c"
ATTF$T:1.
DWfdHT E. BROCK, CLERK
Afte#'as to ChalrMafi*puty Clerk
signature only.
Approved as to form and legality:
�1 /I �4 k l
Heidi Ashton-Cicko
Managing Assistant County Attorney
04 -CMD -01077/1058 (718114)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
This ordinance filed with the
S rawry of State's Office tthe
day of .114
and ocknowledgemen sof that
filin received his 4��--x day
of � I
sy
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
July 14, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 14-33, which was filed in this office on July 14, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.il.us