Agenda 06/25/2019 Item #17D (Land Development Code Amendment)06/25/2019
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance 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, to add standards and requirements for permanent
emergency generators for single family and two family dwellings, 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 Four - Site Design and
Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in
Base Zoning Districts; Chapter Five - Supplemental Standards, adding Section 5.03.07 Permanent
Emergency Generators; Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date. [PL20180003486]
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of a proposed Land
Development Code (LDC) amendment relating to permanent emergency generator for single -family and
two-family dwelling units.
CONSIDERATIONS: Since January 1, 2017, the County has processed more than 900 residential
emergency generator applications for permanent installation to detached single-family and two-family
dwelling units. These applications have demonstrated that when homes are constructed up to the setback
line, placement of a generator in the side yard will frequently violate the existing LDC standard which
limits encroachments into side yard setbacks to no more than three (3) feet. This has resulted in the
rejection of many applications for permanent generators.
On June 16, 2018, the Board directed staff to prepare a Land Developme nt Code (LDC) amendment that
would address residential permanent emergency generator setbacks and make recommendations to
enhance the existing LDC regulations.
Staff worked with stakeholders and industry representatives to draft the amendment, and many me mbers
of the public have provided support of the proposed amendment. The amendment makes the following
modifications to the existing standards for permanent emergency generators.
• Reduces the minimum distance to the lot line for permanent generators.
• Creates separation standards between generators and several elements that could create
obstructions or other hazards.
• Requires installation of carbon monoxide detectors in certain circumstances.
DSAC RECOMMENDATION: On February 6, 2019, the DSAC unanimously recommended approval
of the amendment.
CCPC RECOMMENDATION: On May 16, 2019, the CCPC recommended approval of the LDC
amendment with changes which have been incorporated into the amendment by a vote of 4 to 1. The
dissenting commissioner objected to the placement of generators within public utility and drainage
easements and closer than 5 feet to a lot line.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of
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four is needed for Board approval. (HFAC)
RECOMMENDATION: To approve the LDC amendment amending the standards for permanent
emergency generators for single-family and two-family dwelling units.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (PDF)
2. Public Comments - 5-12-19 Emil Hatz Email (PDF)
3. Public Comments - Joseph Marino 4-16-19 Petition (PDF)
4. Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (PDF)
5. Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (PDF)
6. draft LDC ordinance - emergency generators - 5.29.19 (PDF)
7. Legal Ad - Agenda ID 9136 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 9136
Item Summary: Recommendation to approve an Ordinance 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, to add standards and requirements for
permanent emergency generators for single family and two family dwellings, by providing for: Se ction
One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter Four - Site Design and
Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base
Zoning Districts; Chapter Five - Supplemental Standards, adding Section 5.03.07 Permanent Emergency
Generators; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [PL20180003486]
Meeting Date: 06/25/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
05/29/2019 1:43 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
05/29/2019 1:43 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/30/2019 10:39 AM
Zoning Michael Bosi Additional Reviewer Completed 05/30/2019 11:05 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/30/2019 12:21 PM
Growth Management Department James C French Deputy Department Head Review Completed 05/30/2019 6:49 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/05/2019 10:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/10/2019 1:24 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/10/2019 3:39 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/10/2019 4:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/16/2019 4:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180003486
SUMMARY OF AMENDMENT
This amendment introduces a new section to address the placement and
location of residential permanent emergency generators for single-family
and two-family dwelling units. The amendment establishes locational
criteria to property lines, another generator, ancillary fuel tanks, window
openings to a dwelling, and when necessary the installation of carbon
monoxide detectors.
LDC SECTION TO BE AMENDED
4.02.01 Dimensional Standards for Principal Uses in Base Zoning
Districts
5.03.07 Permanent Emergency Generators (New Section)
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC 06/25/2019
CCPC 05/16/2019
03/07/2019
02/07/2019
DSAC 02/06/2019
DSAC-LDR 12/18/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approved with recommendations
DSAC
Approved
CCPC
Approved with changes
BACKGROUND
After Hurricane Irma, all of the County’s 270,000 customers served by Florida Power and Light had power
outages. There has been a significant increase of County residents installing various residential permanent
emergency generators as a means of resiliency against power outage events. Many building permit applications
have been rejected due to setback requirements, lacking a detailed location plan, or insufficient information. The
majority of permits issued have been for 20 and 22 kilowatt generators which represent 77.2% of the total permits
and 89.5% are 30 kilowatts or less. (See Exhibit “A”). Also, an update to the total permits issued from January 1,
2017 to March 13, 2019 by the required setback location, indicates 25.31% (223) were issued within 5 feet or less
sideyard setbacks and the majority were at 46.54% (410) within sideyard setbacks gre ater than 5 feet and up to
7.5 feet.
On June 26, 2018, the Board directed staff to proceed with an amendment to increase flexibility for the placement
of emergency generators on residential parcels or lots. Staff reviewed common manufacturers’ recommende d
minimum surrounding clearances from walls, fences and landscaping (See Exhibit “B”), standards in other
communities (See Exhibit “C”), and other guidelines. Staff also worked with industry professionals to better
understand common constraints and potential safety issues.
The amendment provides additional flexibility for generator placement by establishing minimum setbacks from
property lines that vary depending on the required yard sizes. These setbacks are based on the majority of
generators being placed within three to four feet from the exterior house’s wall. Four out of five common
manufacturer’s installation guidelines would be able to meet placement within four feet of the house wall (See
Exhibit “B”- Tan highlight).
The amendment also addresses potential health, safety and welfare associated with adding permanent generators
in close proximity to homes by requiring minimum distances between generators and mechancial air intake
equipment, compliance with manufacturer’s specifications, concurrent review of applicable building permits and
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providing design standards consistent with the Florida’s building, mechanical, electrical, plumbing, fuel and gas
codes.
A scaled illustration of the proposed 10 feet separation standard between generators is shown in Exhibit “D” along
with photos of installed generators taken from West Coast Generators’s website. Additionally, the exhibit
identifies two generator permits that have been rejected, one in a side yard setback of 6.0 feet and the other 7.5
feet. To meet manufacturer’s locational specifications and current LDC code requirement, these generators
exceeded the current standard by 11 inches and 8 inches.
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR subcommittee accepted staff’s textual changes and made the following recommendations:
• Revise the words or term “permanent emergency generators” to “optional standby generators” to relate to
the Florida Building and National Electrical Code’s use of the term. Report back at the full DSAC
meeting, if the County Attorney’s Office or Building Manager has a reason not to change the term.
• Require screening when the generator’s placement is in the front yard, on a waterfront or preserve lot.
• Increase the setback to road right-of-ways from two feet to five feet.
• Require a five feet setback from waterfront or preserve lots.
• Modify the Table to alleviate possible confusion with a required setback for a side yard.
The proposed text incorporates DSAC-LDR subcommittee’s recommendations. After consulting with the County
Attorney’s Office, the title “ permanent emergency generators” does not require a change to address the Florida
Building or National Electrical Code definitions and use of the term “optional standby generators.”
DSAC Recommendation
On February 6, 2019, the DSAC unanimously approved the proposed textual changes as recommended by DSAC -
LDR subcommittee.
CCPC Recommendation
On February 7, 2019, the CCPC did not vote on the amendment. Following a general discussion, they decided to
re-examine the amendment at a later date and requested a Fire Official attend the next meeting to determine if
there are access, fire safety or firefighting concerns when multiple mechanical equipment (AC and generators) are
located between two adjoining residential lots with a minimum five feet sideyard setback. They also
recommended adding to the purpose intent section the words “to reduce noise” and requested a 2007 noise study,
that had been reviewed by a prior planning commission, be provided. This study had assisted the planning
commission in establishing the current acceptable sound level at 75 db (A).
On March 7, 2019 the CCPC recommended the following changes:
• Add to the Purpose and Intent Section: “To improve the aesthetics of mechanical equipment”.
• Revise Table 1 to establish a standard of five feet for the minimum “distance to lot line” when sideyard
setbacks are less than 20 feet. This would be comparable with the County’s minimum 10 feet separation
distance between structures and serve to maintain 10 feet of distance between an abutting neighbor’s
dwelling unit, window, or other generator.
• Increase the distance to a public road right-of-way line from 5 to 10 feet to be consistent with the
residential minimun development standard of 10 feet for signage, stated in LDC section 5.06.02.B.1.b.
• Evaluate distance separation requirements between other obstructions such as pool equipment, AC
compressor, water systems and water softener systems, and landscaping.
• Require all easements to be shown on a site plan and to be submitted with each permit application and if
the generator is located within the easement, a written consent from all easement holders.
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Regarding health and safety, the CCPC needed early warning and protection assura nces that carbon monoxide
(CO) detectors are installed within and outside of residential sleeping rooms. Upon further research, the 2017 -
Florida Building Code (FBC) Residential, Sixth Edition, Section R315.1: Carbon Monoxide Protection require
operational CO alarm(s) to be installed in accordance with new building permit construction. It states the
following:
“Every separate building or an addition to an existing building for which a permit for new
construction is issued and having a fossil-fuel-burning heater or appliance, a fireplace, an
attached garage, or other feature, fixture, or element that emits carbon monoxide as byproduct
of combustion shall have an operational carbon monoxide alarm installed within 10 feet of each
room used for sleeping purposes” with the exception: “…to existing buildings that are
undergoing alterations or repairs unless the alternation is an addition as defined in Section
R315.3”. Section R315.3 describes “addition” to mean “an extension or increase in floor area,
number of stories or height of a building or structure”.
The proposed LDC text broadens this provision for additional early protection warning by requiring the
installation of CO detectors to be installed in an existing home when there isn’t an extension or incre ase in floor
area, number of stories or height of the building or structure and the location of an applicant’s generator is 10 feet
or less in distance to the existing home.
On May 16, 2019, the CCPC approved the LDC amendment with changes by a vote of 4 to 1. The dissenting
commissioner objected to the placement of generators within public utility and drainage easements and closer than
5 feet to a lot line.
The CCPC received public comments and numerous petitions regarding how the CCPC’s proposal of 5 feet to a
lot line would prohibit generators from being allowed in the side yards of smaller lots and especially when they
need 6 additional inches for permit approval. Additionally, the public concerns centered on the effect to property
values in communities with natural gas (such as Stone Creek), the offensive placement within front yards by
HOAs and neighbors, and reasonable use of private property.
Therefore, the CCPC reconsidered their previous recommendation and agreed the distance to lot line would remain
the same as in the initial LDC draft submittal for required side yard setbacks, public and private road right of ways
and an inclusion that there be a provision for drainage flows to be maintained. Based on the CCPC
recommendation, the following changes have been incorporated:
• Table 1 is revised to match the original initial draft submittal column presented in the LDC narrative on
May 16, 2019.
• Added a new section 5.03.07 C.6 to address the CCPC’s recommendation to add language requiring lots
to maintain drainage. Text has been added to cross-reference LDC section 6.05.03 since maintenance of
drainage flows is already required in LDC section 6.05.03 F.2 which states: “The property owner shall
maintain site grading and drainage (e.g. swales, French drains, grates, etc.) in accordance with the
approved stormwater plan.”
After the CCPC hearing, staff made the following changes to the amendment to i ncrease clarity of the setback
table and preserve the intent of the CCPC’s recommendation. These changes do not have any substantive effect.
• Clarified column headings in the Table.
• Simplified the layout of the formatting for the “Rear Yard” setbacks.
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• Deleted in its entirety, previously proposed LDC section 5.03.07 C.3.d, because generators elevated 30
inches above the ground are setback the same distance to a lot line as ground mounted generators and in
LDC section 5.03.07 C.3.c, deleted the words “preserve lot” as a vegetative screen is not necessary to
protect an aesthetic view or provide a buffer to a preserve lot.
FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts with
this amendment to the County. When applicable,
the homeowner’s added costs are: to screen a
generator, install carbon monoxide detectors,
extend an exhaust outlet, acquire a spot survey and
written consent from easement holders.
GMP CONSISTENCY
Based upon staff’s analysis, the amendment is consistent
with the GMP. (See Exhibit “E”)
EXHIBITS: A) Permanent Generator Permits Issued or Rejected; B) Manufacturer’s Surrounding Clearances;
C) Other Florida Communities Research; D) Illustrations; E) GMP Consistency Review; F) Manufacturer’s
Generator Sound Level Readings.
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Amend the LDC as follows:
4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts 1
2
* * * * * * * * * * * * * 3
4
D. Exemptions and exclusions from design standards. 5
6
* * * * * * * * * * * * * 7
8
13. Permanent emergency generators may be placed within the rear yard with a 10-9
foot rear yard setback. Permanent emergency generators may encroach into side 10
yards up to 36 inches. Generators are not permitted to encroach into required front 11
yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for 12
exceptions and requirements. Above-ground fuel tanks for the generators are 13
subject to the same setbacks; however, underground tanks are not subject to 14
setback requirements. In order to reduce noise during required routine exercising 15
of the generators, this exercising is restricted to operating the generator for no 16
more than 30 minutes, weekly once every seven days, during the hours of 9:00 17
a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and 18
Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. 19
All permanent emergency generators must be equipped with sound attenuating 20
housing to reduce noise. 21
22
# # # # # # # # # # # # # 23
24
5.03.07 - Permanent Emergency Generators 25
26
A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the 27
aesthetics of mechanical equipment, and protect the public health and safety of 28
homeowners from the risks associated with combustion engines and the entry of carbon 29
monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners 30
who seek shelter at home during periods of electrical power outages. 31
32
B. Applicability. Permanent emergency generators for single-family and two-family dwellings 33
shall be permitted as an accessory use and located in accordance with LDC section 34
5.03.07 Table 1. 35
36
C. Standards and Requirements. 37
38
1. Permanent emergency generators shall adhere to all generator manufacturer’s 39
locational specifications and applicable federal, state, and local code 40
requirements. The manufacturer’s locational specifications shall be concurrently 41
reviewed with the applicable electrical, structural, mechanical, gas piping, and 42
storage tank permits. 43
44
2. Submittals. At a minimum, the applicant’s site plan shall indicate the location and 45
dimension of the proposed generator, generator exhaust direction and permanent 46
fuel tank(s) in proximity to the dwelling unit and lot line, and all easements 47
burdening the property, including but not limited to drainage easements, lake 48
maintenance easements, and/or access easements. The site plan shall be 49
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provided with the building permit application. The written approval of an easement 1
holder for placement in an easement is required and must be included with the 2
submittal. 3
4
3. Location and Distances. Permanent emergency generators may be located in the 5
required front, side and rear yard setback in accordance with the following in Table 6
1. All distance setback and separation requirements shall be measured from the 7
most restrictive of the generator’s enclosure or exhaust outlet and adhere to the 8
following: 9
10
a. When located underneath the dwelling unit, the exhaust outlet shall be 11
vented outside of the dwelling unit above the roof line. 12
13
b. Generators may be allowed in the front yard, at a distance no greater than 14
six feet from the dwelling unit in zoning districts with 35 feet front yard 15
setback or greater and shall require a vegetative screen. For corner lots, 16
the generator may be allowed in the front yard which has the longest street 17
frontage utilizing the side yard generator setback standards in Table1. 18
19
c. Generators located in the rear yard of a waterfront lot shall require a 20
vegetative screen. 21
22
TABLE 1 Generator Setback and Separation Standards (feet) 23
24
Principal Structure Setback
Generator
Distance to Lot
Line
Side Yard
5 or less 1
Greater Than 5 and Up To 7.5 2
Greater Than 7.5 and Up To 20 4
Greater Than 20 10
Rear Yard 10_waterfront
5 non-waterfront
Separation
Distance to Public and Private Road Right-Of-Way 10
Between Mechanical Air Intake Equipment or
Other Generator 10
Distance from Windows, Soffit Vent, Eaves To the
Dwelling, Shrubs and Trees 5
Distance from Gas and Electrical Meters, Pool
Pumps, Water and Water Softener Systems, AC
Compressors and Landscape Plantings
3
25
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4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the 1
generator’s exhaust outlet, at least one carbon monoxide detector shall be installed 2
inside the structure near the exterior wall openings and on each floor level. 3
4
5. Generator Noise and Testing. Generator noise and routine testing shall be in 5
compliance with LDC section 4.02.1 D.13. 6
7
6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC 8
section 6.05.03. 9
10
D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, 11
diesel or gasoline powered generators shall be set back a minimum of 15 feet from any 12
lot line. 13
# # # # # # # # # # # # # 14
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Exhibit A – Permanent Generator Permits Issued or Rejected
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Generator
KW Size
2017 Yr.
Ending
2018
thru July 5 Total
Permits
2017 Total
thru KW 30
2018 Total
thru KW 30
Total
Combined
% of all
permits
7.5 1 0 1
8 1 0 1
11 1 0 1
12 1 3 4
14 0 1 1
15 1 0 1
16 3 5 8
19.5 1 0 1
20 62 119 181 34.6
22 88 135 223 42.6
23 0 0 0
24 4 5 9
25 1 4 5
27 7 5 12
30 8 12 20 179 289 468 89.5
32 3 5 8
36 1 2 3
38 5 9 14
40 0 4 4
45 2 0 2
48 9 8 17
60 2 3 5
80 1 0 1
100 0 1 1
Totals 202 321 523
Missing size information, rejected
or lacking other information
78
Permit Status- Issued or Expired by Setback Location
1-01-2017 Through 3-13-19
Sideyard
Setback
0-5’ Greater Than
5’ up to 7.5’
Greater Than
7.5’ up to 20’
Greater Than
20’
Rear/Front
Yard or Other
Totals
Total 223 410 143 92 13 881
Percent 25.31 46.54 16.23 10.44 1.48 100
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Exhibit B – Manufacturers’ Surrounding Clearances
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Manufacturer-
Generator 14 to 30
KW
Briggs/Stratton
17 /20 -25
Air-Liquid
Cooled
Champion
14
Air
Cooled
Kohler
Res14/20
Air
Cooled
Kohler
RCL24
Liquid
Cooled
Generac
16/20/22
Air
Cooled
Generac
22/25/30
Liquid
Cooled
Generac
22/27
Spark
Ignited
Cummins
RS22
Air
Cooled
Dimensi
on
Width 34”-30” 30.1” 26.2” 32.9 “ 25.5” 30.6” 29” 34”
Clearan
ces
Exhaust
Outlet
5’ 5’ 4’ 8’ 5’
Overhead 5’ 5’ 5’
Shrubs 5’ 4’
SWRI-
Rated
18”
18”
18”
1 Hour-
Fire Rated
17.7” 3’
Non-Rated 5’
Total Clearance and Width To Wall (Inches)
Encroach
ment
SWRI-
Rated
52-48 44.2 50.9 43.5 48.6 47 52
Fire Rated 52-48 47.8 62.2 68.9 61.5 66.6 65 70
Non-Rated 94-90 90.1 86.2 92.9 85.5 90.6 89 94
TRANE Manufacturer – AC Compressor Unit Dimension by Living Area -Model 4TTR40
Area Under Air
(sq.ft.)
Depth At 12” from
Wall*
At 24” from
Wall
Width Height
1,100 26 38 50 29
29 1,500 30 42 54 33
1,900 33
2,300
34
46
58
37
29 2,700
3,100 37
*Note: Distance from wall is per manufacturer’s specification at 12 inches and others can require a greater distance of up
to 24 inches or more for working space.
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Exhibit B – Manufacturers’ Surrounding Clearances
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Exhibit Based on Generac’s Site Selection Installation Guidelines
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Exhibit C – Other Florida Communities Research
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Community
Setbacks
Zoning Districts Side Rear Distance to Property Line (PL)
County
Brevard1 All Residential 4’ into required side and rear yard.
Not Addressed (N/A)
Miami-Dade2
Residential Urban 3’ 5’
Residential Estates 5’ 5’
Orange3 All Residential 10’ 5’ or rear ½ of lot or parcel
Palm Beach4
Single-Family 3’ 5’
Zero lot line 5’
Sarasota
All districts except
Siesta Key Overlay
District (SKOD)
Exempt from setback requirements when
located at above ground level or elevated
due to FEMA elevation requirements.
No closer than 3’
SKOD Same as side yard setback.
City
Boca Raton
All Residential
Districts
Anywhere within side or rear yard.
N/A
Boynton Beach5
3’ plus 1 foot for every 1 foot above height
of 6 feet but not greater than the
minimum principal structure setback.
Key Biscayne6 Single-Family and
Two-Family
5’
Lighthouse Point7
All Residential
Districts
5’ Not allowed. 5’
Naples Same as principal structure (SPS).
N/A North Miami8 5’ 5’ or 15’ from rear street
PL.
Ocean Ridge SPS 5’
Marco Island 4’ into required side or rear yard. N/A
Miami Springs Anywhere within side or rear yard.
Town of Palm
Beach
5’ 5’ 5’
Palmetto Bay9 5’ 5’ N/A
Plantation10 2.5’ from side or rear property line and 7.5’ from sidewalk, bikeway, or street
right-of-way lines.
Redington Beach Anywhere within side or rear yard. N/A
Sanibel Anywhere within side or rear yard. 10’
South Miami 12.5’ 12.5’ 12.5’
Footnotes and Additional Criteria:
1- Encroachment is not subject to separation distances between structures.
2- 10’ setback from street property line.
3- 15’ setback from side street.
4- Encroachment is limited to 10% of setback requirement and generators less than 4’ in height.
5- Not allowed in front yard or corner side yard unless approved by administrative adjustment and no other on -site
location is feasible or there is a finding the location and use or design of the abutting property would not have
negative impact.
6- None in a yard facing any street. Propane gas tanks – 5 feet to side property line, limited to 500 gallons above ground and
1,000 gallons underground.
7- If not 5 feet from property line, then generator must be placed lengthwise and 1 foot from building.
8- 15’ from rear street property line.
9- 10’ from rear street.
10- Generators above 5.5’ height must comply with same setback as principal structure.
17.D.1
Packet Pg. 2792 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9136 : Permanent Emergency Generators LDC
Exhibit D – Illustrations
12
L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-
28-19 for CAO review.docx
Exhibit D-Illustrations
17.D.1
Packet Pg. 2793 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9136 : Permanent Emergency Generators LDC
Exhibit D – Illustrations
13
L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-
28-19 for CAO review.docx
17.D.1
Packet Pg. 2794 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9136 : Permanent Emergency Generators LDC
Exhibit D – Illustrations
14
L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-
28-19 for CAO review.docx
17.D.1
Packet Pg. 2795 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9136 : Permanent Emergency Generators LDC
Exhibit E- GMP Consistency Review
15
L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-
28-19 for CAO review.docx
17.D.1
Packet Pg. 2796 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9136 : Permanent Emergency Generators LDC
Exhibit F- Manufacturer’s Generator Sound Level Readings
16
L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-
28-19 for CAO review.docx
Note: Collier County Generator Noise Related Code Enforcement Cases
For the period between January 10, 2017 and February 21, 2019, the Growth Management
Department-Code Enforcement Operations Division recorded 274 noise related complaints
which only four cases were related to generator noise that had resulted from the use of a
temporary or portable generator and none from permanent emergency generators.
Typical Generator Size- 20 to 22KW (yellow highlighted)
KW Size
Manufacturer
Width
Inches
Length
Inches
Height
Inches
Average Output Sound dB(A)
measured at 23’ - Manual
Testing Specification Sheet
AC-Air Cooled
LC-Liquid Cooled
SI-Spark Ignited Weekly Full or Normal Load
17
Briggs-Stratton
34 48.1 29.6 69.1 AC
20 29.6 48.1 30.6 64 AC
25 32.3 71 37 69 70 LC
14 RESAL
Kohler
26.2
47.8
28.9
63 67 AC
20 RESC 64 69 AC
24/30/38 RCL 32.9
74 46 54 61 LC
48/60 89.8 45.2 60 61 LC
RS 20A/AC and
RS14 AF
Cummins
40.8
52.7 35 62 AC
RS22
34
72
45.5
64
LC- 50/50
mixture. RS25
RS 36
34 94 45.5 63
14 Champion 30 49 28 63.5 SI
16/20
Generac
25.5 48.5 28.8 55 67
AC 22 57 67
22/27 30.6
62.2
38.6 59 72
LC
25/30 59 73
36/45
35
76.8
46.1
61 72
32/38 58 64
48 63 68
60 65 72
17.D.1
Packet Pg. 2797 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9136 : Permanent Emergency Generators LDC
1
HenderlongRichard
From:FrantzJeremy
Sent:Tuesday, May 14, 2019 8:48 AM
To:HenderlongRichard
Subject:Fw: Board of Commissioners meeting on May 16th
________________________________
From: emil hatz <emil.hatz@gmail.com>
Sent: Sunday, May 12, 2019 9:09:14 PM
To: FrantzJeremy
Subject: Board of Commissioners meeting on May 16th
Hi Jeremy,
I understand you are the best person to reach out to with our concern on getting approval for a generator installation
for our new home in Talis Park in Naples that we purchased in April 7, 2017.
Address: 16868 Brightling Way, Naples, FL 34110
The input forwarded to us from the zoning planner of Collier County is that the side setback on our property is 5’ on
both sides. The generator is allowed to encroach up to 36” into the required setback. Apparently we are within inches of
conforming. Also, know that there is a wide open and walkable area on the side of the house the generator would be
installed.
We have been working with David Gordon of Kurtz Homes who has spoken with Naples Generator and I also met with
Empowered Global, Inc. In Bonita Springs. We have been trying to get approval for a generator for over a year now.
We have a very important and unique medical need for a generator:
* my wife is a lifelong childhood cancer survivor with numerous long term effects
* She has both heart and lung challenges resulting from her extensive chemotherapy and radiation treatments
* lasting heat and humidity causes difficulty breathing and heart arrhythmias
* she also has medicine that is taken daily and some must be kept refrigerated
In summary, any prolonged lack of AC ( cooling ) even for a day in the home can be a real health risk and would force us
to have to leave and go to a hotel.
We love being in Naples but never imagined that we would be denied installing a generator. This is so important to us
that without one we have to consider selling especially with summer already here and then hurricane season.
I hope you can consider our medical consideration coupled with ample clear space.
We truly appreciate your consideration in this meeting this week and hope we can get approval soon. Let me know if
you need a site plan or a photo of the installation area.
Regards,
Emil Hatz
410-274-3771
________________________________
17.D.2
Packet Pg. 2798 Attachment: Public Comments - 5-12-19 Emil Hatz Email (9136 : Permanent Emergency Generators LDC Amendment - 2nd Hearing)
EMIL HATZ RESIDENCE: Lot 27, Brightling At Talis Park
17.D.2
Packet Pg. 2799 Attachment: Public Comments - 5-12-19 Emil Hatz Email (9136 : Permanent Emergency Generators LDC
17.D.2Packet Pg. 2800Attachment: Public Comments - 5-12-19 Emil Hatz Email (9136 : Permanent Emergency Generators LDC Amendment - 2nd Hearing)
17.D.3
Packet Pg. 2801 Attachment: Public Comments - Joseph Marino 4-16-19 Petition (9136 : Permanent Emergency Generators LDC Amendment - 2nd Hearing)
17.D.4Packet Pg. 2802Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2803Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2804Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2805Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2806Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2807Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2808Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2809Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2810Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2811Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2812Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2813Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2814Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2815Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2816Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2817Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2818Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2819Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2820Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2821Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2822Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2823Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2824Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2825Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2826Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2827Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2828Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2829Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2830Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2831Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2832Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2833Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2834Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2835Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2836Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2837Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2838Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2839Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2840Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2841Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2842Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2843Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2844Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.4Packet Pg. 2845Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9136 : Permanent Emergency Generators LDC Amendment
17.D.5Packet Pg. 2846Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2847Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2848Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2849Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2850Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2851Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2852Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2853Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2854Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2855Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2856Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2857Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2858Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2859Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2860Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2861Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2862Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2863Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2864Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2865Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2866Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2867Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2868Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2869Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2870Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2871Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
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17.D.5Packet Pg. 2873Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2874Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2875Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2876Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2877Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2878Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2879Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
17.D.5Packet Pg. 2880Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9136 : Permanent Emergency Generators LDC Amendment -
DRAFT 5/29/19
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ORDINANCE NO. 19 – ___
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, TO ADD STANDARDS AND REQUIREMENTS
FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS, 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 FOUR – SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL
STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS;
CHAPTER FIVE – SUPPLEMENTAL STANDARDS, ADDING SECTION
5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180003486]
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, 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 Collier County Planning Commission, sitting as the land planning
agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, and May 16,
17.D.6
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2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan
and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on June __, 2019, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 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. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
17.D.6
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4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
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, 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
17.D.6
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County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. 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
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D. Exemptions and exclusions from design standards.
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13. Permanent emergency generators may be placed within the rear yard with a 10-
foot rear yard setback. Permanent emergency generators may encroach into
side yards up to 36 inches. Generators are not permitted to encroach into
required front yards. For single-family and two-family dwelling units, see LDC
section 5.03.07 for exceptions and requirements. Above-ground fuel tanks for
the generators are subject to the same setbacks; however, underground tanks
are not subject to setback requirements. In order to reduce noise during required
routine exercising of the generators, this exercising is restricted to operating the
generator for no more than 30 minutes, weekly once every seven days, during
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the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for
Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise
Ordinance, as amended. All permanent emergency generators must be equipped
with sound attenuating housing to reduce noise.
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SUBSECTION 3.B. ADDING NEW SECTION 5.03.07 PERMANENT EMERGENCY
GENERATORS
Section 5.03.07 Permanent Emergency Generators, is hereby added to Ordinance 04-41, as
amended, the Collier County Land Development Code, to read as follows:
5.03.07 Permanent Emergency Generators
A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the
aesthetics of mechanical equipment, and protect the public health and safety of
homeowners from the risks associated with combustion engines and the entry of carbon
monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners
who seek shelter at home during periods of electrical power outages.
B. Applicability. Permanent emergency generators for single-family and two-family
dwellings shall be permitted as an accessory use and located in accordance with LDC
section 5.03.07 Table 1.
C. Standards and Requirements.
1. Permanent emergency generators shall adhere to all generator manufacturer’s
locational specifications and applicable federal, state, and local code
requirements. The manufacturer’s locational specifications shall be concurrently
reviewed with the applicable electrical, structural, mechanical, gas piping, and
storage tank permits.
2. Submittals. At a minimum, the applicant’s site plan shall indicate the location and
dimension of the proposed generator, generator exhaust direction and
permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all
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easements burdening the property, including but not limited to drainage
easements, lake maintenance easements, and/or access easements. The site
plan shall be provided with the building permit application. The written approval
of an easement holder for placement in an easement is required and must be
included with the submittal.
3. Location and Distances. Permanent emergency generators may be located in the
required front, side and rear yard setback in accordance with the following in
Table 1. All distance setback and separation requirements shall be measured
from the most restrictive of the generator’s enclosure or exhaust outlet and
adhere to the following:
a. When located underneath the dwelling unit, the exhaust outlet shall be
vented outside of the dwelling unit above the roof line.
b. Generators may be allowed in the front yard, at a distance no greater
than six feet from the dwelling unit in zoning districts with 35 feet front
yard setback or greater and shall require a vegetative screen. For corner
lots, the generator may be allowed in the front yard which has the longest
street frontage utilizing the side yard generator setback standards in
Table 1.
c. Generators located in the rear yard of a waterfront lot shall require a
vegetative screen.
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TABLE 1 Generator Setback and Separation Standards (feet)
Principal Structure Setback Generator Distance to
Lot Line
Side Yard
5 or less 1
Greater Than 5 and Up To 7.5 2
Greater Than 7.5 and Up To 20 4
Greater Than 20 10
Rear Yard 10 waterfront
5 non-waterfront
Separation
Distance to Public and Private Road Right-Of-Way 10
Between Mechanical Air Intake Equipment or Other
Generator 10
Distance from Windows, Soffit Vent, Eaves To the
Dwelling, Shrubs and Trees 5
Distance from Gas and Electrical Meters, Pool
Pumps, Water and Water Softener Systems, AC
Compressors and Landscape Plantings
3
4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the
generator’s exhaust outlet, at least one carbon monoxide detector shall be
installed inside the structure near the exterior wall openings and on each floor
level.
5. Generator Noise and Testing. Generator noise and routine testing shall be in
compliance with LDC section 4.02.1 D.13.
6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC
section 6.05.03.
D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the
foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet
from any lot line.
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SECTION FOUR: 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 FIVE: 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 SIX: 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 ___ day of ______, 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/____ (5/29/19)
18-LDS-00064
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