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Ordinance 2020-044 ORDINANCE NO. 2020 - 44 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 EXTEND THE AVAILABILITY OF THE TRANSFER OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS CREDIT FOR SENDING LANDS IN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY, TO REVISE THE PROCEDURES AND APPROVAL PROCESS FOR COMPARABLE USE DETERMINATIONS, TO MODIFY THE TIMEFRAMES AND PROCESS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDERS IN THE STEWARDSHIP RECEIVING AREA, TO ESTABLISH AN APPROVAL PROCESS AND DEVELOPMENT STANDARDS FOR EVENTS WHICH TAKE PLACE IN COUNTY RIGHT-OF-WAY, 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 TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, 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WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and 10.15.20 Page I of 28 Words struck through are deleted,words underlined are added 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 September 9, 2020, 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 November 10, 2020, 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: 10.15.20 Page 2 of 28 Words struck through are deleted,words underlined are added 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element 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 10.15.20 Page 3 of 28 Words struck through are deleted,words underlined are added land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. 10.15.20 Page 4 of 28 Words struck through are deleted,words underlined are added SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES Section 2.03.00, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.00 — Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted and conditional uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted and conditional uses , which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in interpretations, of this LDC. LDC section 1.06.0010.02.06 K.; * * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03, 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). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning 10.15.20 Page 5 of 28 Words struck through are deleted,words underlined are added district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 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. a. Permitted uses. * * 41. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * * 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 LDC section 10.08.00. * * * * * * * * * * * * * * 16. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent--w'ith the purpose an�tent statement of the district, as determined by the board of zoning appeals, pursuant to section 10.08.00. 10.15.20 Page 6 of 28 Words struck through are deleted,words underlined are added B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. * * * * * * * * * * * * * * 74. Any other commercial convenience 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 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. the board of zoning * * * * * * * * * * * * * * 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 LDC section 10.08.00. * * * * * * * * * * * * * * 10.15.20 Page 7 of 28 Words struck through are deleted,words underlined are added 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 app als pursuant to section 10.08.00. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. * * * * * * * * * * * * * * 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. * * * * * * * * * * * * * * 96. Any other intermediate commercial or professional use which is comparable in nature with the (-5-1-) list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. board of zoning appeals, pursuant to section 10.08.00. 10.15.20 Page 8 of 28 Words stru,�, ough are deleted,words underlined are added * * * * * * * * * * * * * * 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 LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * * * * 27. Any other intermediate commercial u-sc which is comparable in nature with the foregoing list of permitted uses and co�ent with the n rrm it? s and purpose and intent statement of the district as determined by the hoard of zoning e appeals pursuant to section 1 n nit 00 D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * * 142. Any other general 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 Hearing Examiner or CCPC, 10.15.20 Page 9 of 28 Words struckgh are deleted,words underlined are added pursuant to LDC section 10.02.06 K. board of zoning appeals, pursuant to section 10.08.00. * * * * * * * * * * * * * * 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 LDC section 10.08.00. * * * * * * * * * * * * * * 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 thesis ricc, as deterrrmr ned—hby the board of zoning appeals pursuant to section 10.08.00. E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 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). a. Permitted uses. * * * * * * * * * * * * * * 183. Any other heavy 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 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. board of zoning appeals, pursuant to section 10.08.00. 10.15.20 Page 10 of 28 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * * 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 LDC section 10.08.00. * * * * * * * * * * * * * * 19. 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 DISTRICTS Section 2.03.04, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04— Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). * * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * * 10.15.20 Page 11 of 28 Words struck through are deleted,words underlined are added 26. Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and inteent stateemri nt of the dist ictc , as-determined pursuant to section 10.08.00. B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * 34. Any other use which is comparable in nature with the list of permitted forgoing uses and is otherwise clearly consistent with the intent and purpose and intent statement of the district as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated 10.15.20 Page 12 of 28 Words strut g-,h are deleted,words underlined are added government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * * 14. Any other public structures and uses which are 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 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * * 13. Any other public uses which arc comparable in nature with the foregoing uses. -1-4 13. Earthmining. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07, 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). 10.15.20 Page 13 of 28 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * * c. TDR credits from RFMU sending lands: General Provisions * * * * * * * * * * * * * * ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types of TDR Bonus credits are as follows: Early Entry Bonus credits * * * * * * * * * * * * * * c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004, until # September 27, 2022 2-042, unless further extended by resolution by the Board of County Commissioners. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non- RFMU Receiving Lands after the termination of the Early Entry Bonus period. * * * * * * * * * * * * * * f. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. * * * * * * * * * * * * * * 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 10.15.20 Page 14 of 28 Words struck through are deleted,words underlined are added receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until March 27, 2015 September 27, 2022, unless further extended by resolution by the Board of County Commissioners, shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. * * F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO). * * * * * * * * * * * * * * 2. These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. in Golden Gate City as measured perpendicularly from the abutting right-of-way for a distance of approximately 3,600 feet more or less and consisting of approximately 20.84 acres. These properties are identified on Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. a. Permitted Uses. * * * * * * * * * * * * * * 42. Any other commercial use or profc:sional scrvicc which is comparable in nature with the foregoing list of permitted uses, and consistent with the purpose and intent statement of the 10.15.20 Page 15 of 28 Words struck through are deleted,words underlined are added overlay, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * * 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. * * * * * * * * * * * * * * e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in section 10.08.00 and as set forth below: * * * * * * * * * * * * * * iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: * * * * * * * * * * * * * * j- Any other heavy commercial—use which i1 comparable in nature with the foregoing uses and is dccmcd consistent with the intent of this Subdistrict. * * * * * * * * * * * * * * 10.15.20 Page 16 of 28 Words struck through are deleted,words underlined are added SUBSECTION 3.F. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION Section 4.08.07, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.08.07-SRA Designation * * * E. SRA Application Review Process 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre- application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre- application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the GMP; b. Consideration of suitability criteria described in LDC sSection 4.08.07 A.1. and other standards of this Section; c. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses, and; e. Consideration of impacts, including environmental and public infrastructure impacts. 2. Application Package Submittal and Processing Fees, and Review. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with LDC sSection 4.08.07 D. The review and approval of the application shall be in accordance with section 125.022, Florida Statutes. of the SRA Application, the County manager or his designee shall notify the applicant in writing that the application is doomed sufficient for agency u��. uNN�wu�ra , review or advise what additional information is nccdcd to find the 10.15.20 Page 17 of 28 Words struck through are deleted,words underlined are added application sufficient. If required, the applicant shall submit additional information. Within twenty (20) days of rcceipt of the additional information, the County Manager or his designee shall notify the applicant in writing that „ pi ratio ee emed sufficient, or, what additional or revised information is required. If necessary, the County Manager shall again inform the applicant in writing of information needed, and the timcframe outlined herein shall occur until the application is found sufficient for review. /1. Review by County Reviewing Agencies: Once the SRA application is deemed s efficient Oho Co rota Manager or hie r esignee will distrib ite if try specific County review staff. 5. Staff Review. Within sixty (60) days of receipt of a sufficient application, County staff shall review the submittal documents and provide comments, questions, and clarification items to the applicant. If deemed necessary by County staff or the applicant, a meeting shall be held to address outstanding issues and confirm public hearing dates vuwau���.rrri9-r 6. Staff Report. Within ninety (90) days from the receipt of a sufficient application, County staff shall prepare a written report containing their review findings a rJ. enconm�mT nrl _of apprr yal approval with conditions or denial. This timeframe may be extended upon agreement of County staff and the applicant * * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS Section 5.04.05, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.05 — Temporary Events A. Special Events. This section establishes the location and development standards for special events, including temporary market events, sales and promotional events, and sports, religious, and community events, and events in County right-of-way. 1. Standards applicable to all special events. a. Sanitary facilities shall be provided for the duration of the event. Proof of consent by business management shall be provided if permanent business restrooms are to be used. b. Safe ingress and egress shall be provided to the site, including emergency access measures. 10.15.20 Page 18 of 28 Words struck through are deleted, words underlined are added c. A maximum of 25 percent of the vehicular use area may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise associated with the special event, unless equivalent additional off-site parking is provided. d. The minimum required number of handicapped parking spaces for the site pursuant to LDC section 4.05.07 shall not be used for the special event. e. In support of the special event, temporary structures, equipment, merchandise, and signage may be placed on the site subject to the approval of a site diagram depicting the locations of principal structures, parking, temporary structures, and signage. Temporary signage shall be subject to the restrictions set forth in LDC section 5.04.06. ii. All temporary structures, equipment, merchandise, or placement and parking of vehicles in conjunction with the special event shall be located in a parking lot or open space at least 10 feet from the property line, except events in County right-of-way that are approved in accordance with LDC section 5.04.05 A.5. All temporary structures, equipment, merchandise, or placement and parking of vehicles in conjunction with the special event and shall be removed at the conclusion of each event. iii. A building permit may be required for the erection of temporary tents or structures. f. See Collier County Code of Laws Sections 118-102 and 118-131 to 118-155, or successor sections, for additional standards related to solid waste and recycling collection. g. No sales, advertising, or other activity related to the special event shall be permitted in the public right-of-way in accordance with Collier County Code of Laws Section 26-1, or successor sections, unless approved in accordance with LDC section 5.04.05 A.5. h. Application. The Administrative Code shall establish the procedural requirements for special events. * * * 5. Events in County Right-of-Way. 10.15.20 Page 19 of 28 Words struck through are deleted,words underlined are added a. A temporary use permit shall be required for events which take place in any County right-of-way. b. The temporary use permit application shall be submitted at least 120 days prior to an event that requires Hearing Examiner or Board approval or 60 days prior to an event that requires administrative approval. c. At a minimum, temporary use permit applications for events shall be reviewed by the following Collier County departments, divisions, and outside agencies: Collier County Growth Management Department shall determine compliance with all applicable requirements. ii. Collier County Sherriff's Office shall determine whether any additional security or police service is necessary. iii. The applicable Fire District shall determine whether any additional fire service is required. iv. Emergency Medical Services shall determine whether any additional medical services are required. v. Collier County Bureau of Emergency Services shall determine whether additional crowd control is required. vi. Collier County Risk Management shall determine whether additional insurance or bonds are required for the event. d. Any event that necessitates the use of the right-of-way of any arterial or collector roadway, or any event which necessitates closing all or part of any County right-of-way between the hours of 7:00 AM through 9:00 AM or 3:30 PM through 6:30 PM shall require review and approval at a public hearing of the Hearing Examiner or Board of County Commissioners. Public notice shall be in accordance with LDC section 10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the Board of Zoning Appeals. e. Events that do not require a public hearing as set forth in LDC section 5.04.05 A.5.d above, shall be reviewed by the County Manager or designee. Any appeal from an administrative determination shall be to the Hearing Examiner or Board of Zoning Appeals, as applicable. f. Criteria for review: The applicant has complied with all required criteria on the permit application form. 10.15.20 Page 20 of 28 Words struck through are deleted,words underlined are added ii. Sufficient support personnel, including certified crowd managers are available to assist in the conduct of the event. iii. Adequate support facilities are available for the event including, but not being limited to, parking, refuse collection, sanitation, and lighting. iv. No conflict exists with the requested event and other approved and previously scheduled events. v. Crowd size has been determined to be a manageable size for the proposed event and site. vi. The event is generally compatible with the character of the surrounding area. vii. The applicant complied with the terms and conditions of any previously approved permits. g. Applications shall include a site plan and route map that shows the proposed route of the event, areas of assembly or dispersal, parking areas, location of temporary signs, maintenance of traffic signs (such as detour signs, barricades, or cones), stationing of any crowd managers, officers, or flag persons, temporary detours to be utilized by the public, and all temporary construction or structures (stages, booths, water and toilet facilities, etc.). h. The placement and location of maintenance of traffic signs shall be in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended, and FDOT's Roadway and Traffic Design standard plans. Certified crowd control managers shall be provided at a minimum ratio of one per 250 participants or attendees. Hiring of off-duty law enforcement officers shall satisfy the requirement for certified crowd control managers. j. The County Manager or designee may revoke a temporary use permit if it is determined that any condition or stipulation has been violated, that the approval was in error or based on inaccurate information, or that the use negatively impacts the surrounding uses or poses a safety hazard, or otherwise is negatively impacting the safety, health or welfare of the general public. * * * * * * * * * * * * * * 10.15.20 Page 21 of 28 Words stru^'- h are deleted,words underlined are added SUBSECTION 3.H. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS Section 5.04.06, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.06 - Temporary Signs A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. 1. The County Manager or designee may issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Growth Management Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by authority of this section shall not be placed within any public right-of-way, except when an event in the County right-of-way is approved and a temporary use permit is issued in accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1. Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists. b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may display 1 on-site temporary sign; a second such sign may be displayed on a property having a second street frontage. c. Absent specific standards to the contrary, temporary signs shall be located onsite and no closer than 10 feet to any property line. d. Temporary signs and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in sign area or 8 feet in height. 10.15.20 Page 22 of 28 Words struckgh are deleted,words underlined are added e. Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height. B. Temporary Sign Permit Types and Standards. 1. Temporary Events. A temporary use permit for a temporary event, issued per LDC section 5.04.05., shall allow for the placement of temporary signage as classified and regulated herein. a. A "sign only" temporary use permit may be issued for temporary ground signs and banners used to promote a sale, event, or activity not requiring a temporary event temporary use permit per LDC section 5.04.05 of this Code. Such uses include, however are not limited to, study or course offerings, vacation camp, non-public indoor events, and sales events occurring within the confines of an established business. "Sign only" temporary use permits will be allowed, regulated, and enforced as special event signs. ii. Time limits for "sign only" temporary use permits shall be the same as those for special events, see LDC subsection 5.04.05 A.3. b. Special event signs. Special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. c. Seasonal sales signs. d. Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted. e. Temporary signs for events in County right-of-way. Signs may display the event, name, date, location and a directional arrow pointing to the direction of the event only. ii. No sales, advertisement, or commercial message is allowed on signs. iii. Maximum dimension of 2 feet by 3 feet. 10.15.20 Page 23 of 28 Words struck through are deleted,words underlined are added iv. No signs shall be erected more than seven days prior to a scheduled event, and all signs must be removed within three business days after the event completion. v. No signs shall be located within the right-of-way medians. vi. No signs shall be attached to traffic control signs or other authorized highway signs and impede vehicular or pedestrian traffic. vii. Limited to six signs within a five-mile radius of the event boundaries. However, events recognized at a regular meeting of the Board of County Commissioners to benefit the Community and promote tourism are limited to up to 40 signs. * * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR PERMITS Section 10.02.06, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 — Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. * * * * * * * * * * * * * * * J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status of the property. b. Comparable Use Determination. The County Manager or designee may ircue a zoning verification letter to determine whether a use 10.15.20 Page 24 of 28 Words struck through are deleted,words underlined are added within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall-bc G7 b. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non- residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. d- c. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. * * * * * * * * * * * * * * K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. 10.15.20 Page 25 of 28 Words struck through are deleted,words underlined are added c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. * * * * * * * * * * * * * * SUBSECTION 3.J. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Section 10.03.06, 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 * * * * * * * * * * * * * * O. Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K. Zoning Verification Letter that allows a new use that is comparable, compatible, and consistent within a PUD. 1. The following advertised public hearings are required: a. One CCPC BCC or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. * * * * * * * * * * * * * * Z. Events in County Right-of-Way, pursuant to LDC section 5.04.05 A.S. 1. The following advertised public hearing is required: a. One Hearing Examiner or BCC hearing. 2. The following notice procedures are required: 10.15.20 Page 26 of 28 Words struck through are deleted,words underlined are added a. Newspaper advertisement prior to the advertised public hearing in accordance with F.S. 125.66. b. Mailed notice prior to the first advertised public hearing. For the purposes of this application, all mailed notices shall be sent to property owners, neighborhoods and business associations within one-quarter mile of the County right-of-way impacted by the event. * * * * * * * * * * * * * * 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. 10.15.20 Page 27 of 28 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I041\day of NUv x- , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL'K._KINZEL, CLERK OF COLLIER COUNTY, FLORIDA n A • By: f4e,)1/...Ace.A.as- Mes#astQ .h afy Clerk BURT L. SAUNDERS, Chairman Signatteeonly: Approved as to farm and legality: \'lJ�� rif 4\t)( \ `Heidi shton-Cicko Managing Assistant County Attorne (duplicated from: 20-CMP-01081/63) 10/15/2020 PL20190002819;PL20190000389;PL20200000268;PL20190002647 This ordinance filed with the Sect tory of State's Office the ay of NOV4 . ,2<I'D and ocknowledgemer that filing receiv d this / clay outy ow* 10.15.20 Page 28 of 28 Words struck through are deleted,words underlined are added `A 1' A-f 44 .A �N FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State November 17, 2020 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2020-44, which was filed in this office on November 17, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270