Agenda 01/26/2021 Item #17C (Ordinance Amending LDC)01/26/2021
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 allow Communication Towers as a Conditional
Use in the Estates (E) Zoning District, to clarify that Cluster Development for Affordable Housing
does not require a Conditional Use in the RMF-6 Zoning District and to create Alternative Design
Standards for Housing that is Affordable, to modify Setback Requirements for Public Utility
Ancillary Systems (PUAS) Enclosures, and to correct Citations and Update Text, by providing for:
Section One, Recitals; Section Two, Findings of Fact; Section Three, adoption of amendments to the
land development code, more specifically amending the following: Chapter One-General
Provisions, including Section 1.08.02 Definitions; Chapter Two - Zoning Districts and Uses,
including Section 2.03.01 Agricultural Districts, Section 2.03.02 Residential Zoning Districts,
Section 2.03.03 Commercial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning
Districts, Section 2.03.07 Overlay Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts;
Chapter Four - Site Design And Development Standards, including Section 4.02.04 Standards For
Cluster Residential Design, Section 4.02.06 Standards For Development Within The Airport
Overlay (APO), adding New Section 4.02.39 Design Deviations For Housing That Is Affordable;
Chapter Five - Supplemental Standards, Including Section 5.05.09 Communication Towers, Section
5.05.12 Specific Standards For Public Utility Ancillary Systems In Collier County; Chapter Ten -
Application, Review, And Decision-Making Procedures, including Section 10.02.03 Requirements
For Site Development, Site Improvement Plans and Amendments Thereof, Section 10.02.05
Construction, Approval, And Acceptance Of Required Improvements, Section 10.02.13 Planned
Unit Development (PUD) Procedures; and Appendix A-Standard Performance Security Documents
For Required Improvements; Section Four, Conflict and Severability; Section Four, Conflict And
Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date.
OBJECTIVE: To obtain Board approval of four Land Development Code (LDC) amendments
modifying standards or uses for; Cell Towers as a Conditional Use in the Estates Zoning District,
Affordable Housing Design, Setback Requirements for Public Utility Ancillary Systems Enclosures and
correct Citations and Cross References to various LDC sections. (First of two hearings)
CONSIDERATIONS:
The proposed ordinance is composed of four LDC amendments.
1. The first amendment implements the Golden Gate Area Master Plan adopted by the Board on
September 24, 2019 to allow communication towers as a conditional use in the Estates
Zoning District on parcels that are a minimum 2.25 acres in size and located adjacent to
collector or arterial roads.
2. The second amendment clarifies that Cluster Development for Affordable Housing does not
require a conditional use in the RMF-6 Zoning District and creates alternative design
standards by adding a new LDC section 4.02.39 Design Deviations For Housing that is
Affordable. It proposes relief from certain design standards for Housing that is Affordable
pursuant to the Community Housing Plan recommendations.
3. The third amendment modifies the setback requirements for fences and walls enclosing Public
Utility Ancillary System (PUAS) facilities.
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4. Lastly, the amendment corrects scrivener’s errors and updates cross references related
to various LDC sections, the Florida Statues and Florida Administrative Code
Chapter and Rule citations.
Two Board hearings are required to adopt an LDC amendment pursuant to LDC section 10.03.06 K. Two
of the four amendments are changing a permitted or conditional use and require at least one of the
hearings be held after 5:00 PM on a weekday. On December 08, 2020 the Board elected to waive the
nighttime hearing requirement and conduct two daytime hearings. This meeting is the first of the two
required daytime hearings. The second public hearing is scheduled for February 09, 2021.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The
DSAC reviewed these amendments on October 7, 2020 and unanimously recommended approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
reviewed these amendments on November 19, 2020 and unanimously recommended approval with one
stipulation that tree plantings within the 15 feet landscape buffer for Communication Towers be 12 feet
tall at the time of planting. This change has been incorporated in the amendment.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and an affirmative
vote of four is needed for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To approve the proposed Ordinance, amending the Land Development Code
and direct staff as to any changes.
Prepared by: Richard Henderlong, MPA, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Ordinance 011521(1) (PDF)
2. A) LDC 5.05.09 Cell Towers in Estate District 11-19-20 BCC (PDF)
3. B) LDC 4.02.39 Alternative Design for Housing that is Affordable 12-29-2020 (PDF)
4. C) 5.05.12 Public Utility Ancillary Systems in Collier County 11-09-20 BCC (PDF)
5. D) 2020 Scrivener Errors and Cross References 11-05-20 BCC (PDF)
6. legal ad - agenda ID 14601 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 14601
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 allow Communication Towers as a
Conditional Use in the Estates (E) Zoning District, to clarify that Cluster Development for Affordable
Housing does not require a Conditional Use in the RMF-6 Zoning District and to create Alternative
Design Standards for Housing that is Affordable, to modify Setback Requirements for Public Utility
Ancillary Systems (PUAS) Enclosures, and to correct Citations and Update Text, by providing for:
Section One, Recitals; Section Two, Findings of Fact; Section Three, adoption of amendments to the land
development code, more specifically amending the following: Chapter One-General Provisions, Chapter
Two – Zoning Districts and Uses; Chapter Four – Site Design And Development Standards; Chapter Five
– Supplemental Standards; Chapter Ten – Application, Review, And Decision-Making Procedures, and
Appendix A-Standard Performance Security Documents For Required Improvements; Section Four,
Conflict And Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date.
Meeting Date: 01/26/2021
Prepared by:
Title: Planner, Principal – Growth Management Development Review
Name: Richard Henderlong
12/30/2020 9:06 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/30/2020 9:06 AM
Approved By:
Review:
Growth Management Department Michael Cox Level 1 Reviewer Skipped 12/30/2020 9:05 AM
Zoning Michael Cox Additional Reviewer Skipped 12/30/2020 9:05 AM
Zoning Anita Jenkins Additional Reviewer Completed 12/30/2020 9:48 AM
Zoning Anita Jenkins Additional Reviewer Skipped 12/30/2020 9:49 AM
Public Services Department Jeanne Marcella Deputy Department Head Review Skipped 12/30/2020 4:07 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/04/2021 3:10 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/04/2021 3:17 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/11/2021 11:28 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/11/2021 1:53 PM
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County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2021 1:44 PM
County Manager's Office Dan Rodriguez Level 5 County Manager Review Completed 01/13/2021 4:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001721
SUMMARY OF AMENDMENT
This amendment implements the Golden Gate Area Master Plan (GGAMP)
to allow cellular towers as a conditional use in the Estates (E) Zoning
District on parcels that are a minimum of 2.25 acres and located adjacent
to collector or arterial roads. It also corrects a few cross references.
LDC SECTIONS TO BE AMENDED
2.03.01 Agricultural Districts
5.05.09 Communication Towers
Origin
Growth Management
Department
HEARING DATES
BCC 01/26/20
CCPC 11/19/20
DSAC 10/07/20
DSAC-LDR 09/15/20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with changes
DSAC
Approval
CCPC
Approval with change
BACKGROUND
When the GGAMP amendments were adopted in the Growth Management Plan (GMP) on September 24, 2019,
new provisions for various types of conditional uses were added to the Urban and Rural Golden Gate Estates Sub-
elements of the GGAMP. One such provision is the “Special Exceptions to Conditional Use Locational Criteria”
– Urban Section (B.1.A.3.e.5.) and Rural Section (B.1.A.3.d.4.). It states the following:
“Conditional Use for a cellular tower is allowed in the Estates Zoning District only on parcels no
smaller than 2.25 acres and adjacent to a roadway classified within the Transportation Element as
a Collector or Arterial.”
This amendment originated from a solid majority of residents surveyed, both in the rural Estates and the urban
Estates, that had indicated dissatisfaction with existing cellular service. Over 75% of the rural Estates residents
surveyed believed that communication towers should be conditional uses, and available at any locati on in the
Estates. The proposed amendment shall allow cellular service to increase after the approval of new
communication towers.
By LDC section 2.01.03 A 4, communication towers are deemed permitted uses in all zoning districts, except
CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS and “…. limited to those providing wireless
emergency telephone service, subject to all applicable provisions in section 5.05.09 of this Code.” However,
LDC section 5.05.09 G.1 states “….no new tower of any height shall be permitted in the RSF-1 through RSF-6,
RMF- 6, VR, MH, TTRVC and E Zoning districts.” The proposed amendment shall rectify this inconsistency,
put into effect the GGAMP new provision, and provide for new communication towers to be allowed as a
conditional use in the Estates Zoning District.
The Transportation Element of the GMP’s maps depict all of the collector and arterial roads throughout the
County. These roadway maps display where new communication towers can be located. See Exhibit A.
In LDC section 5.05.09 G.1, the cross reference to LDC section 5.05.09 F.7 should read 5.05.09 G.7 which does
address separation requirements and the second cross reference to LDC section 5.05.09 ((F) 3) should read 5.05.09
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G 3 which does address essential services sites.
In LDC section 5.05.09 G.3 another scrivener error is corrected by inserting a period after the words “Essential
services-Specified conditional uses”.
DSAC-LDR Subcommittee Recommendations
The DSAC-LDR Subcommittee reviewed the amendment on September 15, 2020 and unanimously recommended
approval with the following changes:
o In 5.05.9 B.25.d, add the following words “The required” to the beginning sentence of “Perimeter wall
or fence height shall be…”;
o Require the wall or fence height to be a “minimum of eight feet from finished grade…” and
o Stipulate the 15 feet landscape buffer shall be a “Type B” landscape buffer and tree plantings within the
buffer be a minimum 12 feet tall to screen the equipment cabinets.
All recommendations have been incorporated in the LDC text.
After DSAC’s recommendation of approval, staff modified subsection 5.05.09 G.25 b. to require evidence from
the communications provider that it’s search radius for tower placement requires placement of the tower in the
Estates Zoning District to meet its coverage requirements and that the tower cannot be co-located on an existing
tower and provide the same service coverage. The revised text has been incorporated.
CCPC Recommendation
The CCPC recommended unanimous approval with the stipulation that tree plantings within the 15 feet landscape
buffer be 12 feet tall at time of planting. This recommendation has been incorporated in the LDC text.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts to the County associated with this
amendment. The amendment can have fiscal
impacts on property owners in the Estates
who will be eligible to apply for Conditional
Use approval of communication towers.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) GMP Transportation Element Maps
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Amend the LDC as follows:
1
2.03.01 – Agricultural Districts. 2
3
* * * * * * * * * * * * * 4
5
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 6
low density residential development in a semi-rural to rural environment, with limited 7
agricultural activities. In addition to low density residential development with limited 8
agricultural activities, the E district is also designed to accommodate as conditional uses, 9
development that provides services for and is compatible with the low density residential, 10
semi-rural and rural character of the E district. The E district corresponds to and 11
implements the estates land use designation on the future land use map of the Collier 12
County GMP, although, in limited instances, it may occur outside of the estates land use 13
designation. The maximum density permissible in the E district shall be consistent with 14
and not exceed the density permissible or permitted under the estates district of the future 15
land use element of the Collier County GMP as provided under the Golden Gate Master 16
Plan. 17
18
1. The following subsections identify the uses that are permissible by right and the 19
uses that are allowable as accessory or conditional uses in the estates district 20
(E). 21
22
a. Permitted uses. 23
24
* * * * * * * * * * * * * 25
26
c. Conditional uses. For Estates zoning within the Golden Gate Estates 27
subdivision, the Golden Gate Area Master Plan in the GMP restricts the 28
location of conditional uses. The following uses are permissible as 29
conditional uses in the estates district (E), subject to the standards and 30
procedures established in LDC section 10.08.00: 31
32
* * * * * * * * * * * * * 33
34
8. Essential services, as set forth in LDC subsection 2.01.03 G. 35
36
9. Model homes and model sales centers, subject to compliance 37
with all other LDC requirements, to include but not limited to 38
section 5.04.04. 39
40
10. Ancillary plants. 41
42
11. Public schools without an agreement with Collier County, as 43
described in LDC section 5.05.14. Additional standards in LDC 44
section 5.05.14 shall also apply. 45
46
12. Communication towers up to specified heights, subject to LDC 47
section 5.05.09. 48
49
* * * * * * * * * * * * * 50
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# # # # # # # # # # # # # 1
2
5.05.09 – Communication Towers 3
4
* * * * * * * * * * * * * 5
6
G. Development standards for communication towers. 7
8
1. Except to the extent that amateur radio towers, and ground-mounted antennas 9
with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 10
herein, no new tower of any height shall be permitted in the RSF-1 through RSF-11
6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other 12
provisions of this section, including the separation requirements of subsection 13
5.05.09 (F)(7) G.7. below, towers may be allowed to any height as a conditional 14
use in the Estate (E) zoning district only on parcels designated as Urban or Rural 15
Golden Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites 16
approved for a specified essential service listed in subsection 5.05.09 ((F)(3) G.3. 17
below. There shall be no exception to this subsection except for conditional use 18
applications by a government for a governmental use. 19
20
* * * * * * * * * * * * * 21
22
3. Essential services —Specified conditional uses. Except in the RSF-1 through 23
RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a 24
conditional use on sites approved for a conditional use essential service for any 25
of the following conditional uses: safety service facilities including, but not 26
necessarily limited to, fire stations, sheriff's substation or facility, emergency 27
medical services facility, and all other similar uses where a communications 28
tower could be considered an accessory or logically associated use with the 29
safety service conditional use on the site. In addition, communications towers 30
can be approved as a conditional use for a stand-alone essential service facility, 31
provided the tower is to be owned by, or to be leased to, a governmental entity, 32
and the primary uses of the tower are for governmental purposes. 33
34
* * * * * * * * * * * * * 35
36
7. With the exception of rooftop towers and towers on essential services sites, each 37
new communication tower shall meet the following separation requirements: 38
39
a. Each new tower that exceeds 185 feet in height shall be located not less 40
than two and one-half (2.5) times the height of the tower from all RSF-1 41
through RSF-6, and RMF-6 zoning districts, including PUDs where the 42
adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and 43
RMF-6 zoning districts. If a part of a PUD is not developed, and it is 44
inconclusive whether the part of a PUD area within such minimum 45
separation distance from the proposed tower site may be developed with a 46
density of six (6) units per acre or less, it shall be presumed that the PUD 47
area nearest to the proposed site will be developed at the lowest density 48
possible under the respective PUD. 49
50
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b. In addition, each such new tower that exceeds a height of seventy-five (75) 1
feet, excluding antennas, shall be separated from all boundaries of 2
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC,H, 3
and the residential areas of PUDs with existing or planned densities greater 4
than six (6) units per acre by not less than the total height of the tower 5
including its antennas; and from all other surrounding property boundaries 6
by a distance not less than one-half (1/2) the height of the tower and its 7
antennas, or the tower's certified collapse area, whichever distance is 8
greater. 9
10
c. Communication towers in the Estate (E) zoning district shall be separated 11
from residentially zoned properties as follows: 12
13
i. New towers up to 75 feet in height shall be located not less than the 14
total height of the tower and antennas from all residentially zoned 15
properties. 16
17
ii. New towers over 75 feet in height shall be located not less than two 18
and one-half times the height of the tower and antennas, or the 19
certified collapse area, whichever distance is greater, from all 20
residentially zoned properties. 21
22
* * * * * * * * * * * * * 23
24
25. Communication towers in the Estate (E) Zoning District. 25
26
Communication towers are allowed on parcels designated as Urban or Rural 27
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are 28
subject to the following: 29
30
a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector 31
road. 32
33
b. The communications provider has provided evidence that the 34
communications provider’s search radius for tower placement requires 35
placement of the tower in the Estates zoning district to meet its coverage 36
requirements and the tower cannot be co-located on an existing tower and 37
provide the same service coverage. 38
39
c. All security and site lighting shall be less than 20 feet above grade, fully 40
shielded, and directed away from neighboring properties. 41
42
d. Fencing height and landscaping. The required perimeter wall or fence 43
height shall be a minimum of eight feet from finished grade of base 44
supporting structure and no greater than 10 feet. A minimum 15 feet 45
landscape Type B buffer along the perimeter of wall or fence is required 46
and tree plantings within the buffer shall be 12 feet tall at time of planting. 47
48
e. Equipment cabinets. Overall height of ground-mounted equipment or 49
equipment enclosure shall not exceed 12 feet. 50
# # # # # # # # # # # # # 51
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001703
SUMMARY OF AMENDMENT
This amendment proposes relief from certain design standards for
Housing that is Affordable pursuant to the Community Housing Plan
recommendations.
LDC SECTION TO BE AMENDED
ORIGIN
Community and Human
Services Division
HEARING DATES
BCC
CCPC
DSAC
DSAC-LDR
02/09/2021
01/26/2021
11/19/2020
10/07/2020
09/15/2020
2.03.02
4.02.04
4.02.39
Residential Zoning Districts
Standards for Cluster Residential Design
Alternative Design for Housing that is Affordable (New
Section)
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with changes
DSAC
Approval
CCPC
Approval
BACKGROUND
At the October 9, 2018 Board of County Commissioners meeting the Board provided direction upon the
final recommendations of the Collier County Housing Plan. As part of that review, the Board directed
staff to prepare Growth Management Plan (GMP) and Land Development Code (LDC) amendments on
five specific initiatives identified within the Housing Plan:
1. Regulatory relief for affordable housing applications
2. Streamline commercial to residential conversions
3. Incentivize mixed income residential housing in future and redeveloped Activity Centers
4. Create a Strategic Opportunity Sites designation process and allow for increased density
5. Increase density along transit corridors
The first Initiative, regulatory relief for affordable housing applications, seeks to evaluate cost saving
measures identified in the Collier Housing Plan to provide for relief from specified processes and
standards to increase certainty and cost savings for projects that include housing that is affordable. In
addition to the areas identified within the Housing Plan, the Housing team in coordination with a
development industry stakeholder’s group worked to identified and recommended other areas of
potential cost savings relief for housing that is affordable. The approach tries to ensure t hat the quality
of the project does not suffer from a functional or aesthetic standpoint, while allowing the overall cost
of each unit in the project to be reduced, and therefore increasing the potential for future projects to
increase the supply of housing that is affordable.
The changes introduced with this initiative relate to the cost savings in terms of materials required and
standards imposed on projects that provide for housing that is affordable , as well as the process for
approval for cluster housing that is affordable project. As noted, the Community Housing Plan identified
a number of areas to be included for cost savings such as: limiting the number of County reviews for
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various disciplines, removing the requirement for a generator as a lift station, and only requiring
sidewalks on one side of the street. These and additional areas of cost savings identified as part of a
stakeholder think tank held February 21st at the Habitat for Humanity’s Offices formed the basis for the
relief being proposed.
It should be noted that all the initiatives directed by the Board at the October 8 th, 2018 public hearing
could be classified under the premise of regulatory relief, but this initiative focuses upon specific design
components that can be identified as areas of relief, as well as certain process within the County review
that can be identified as potential cost savings, such as making cluster development that is affordable a
permitted use in the RMF-6 zoning district and amending standards for compatibility compliance. The
LDC defines cluster development as, “A design technique allowed within residential zoning districts
or where residential development is an allowable use. This form of development employs a more
compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in
the standard or typical lot size and yard requirements of the applicable zoning district, in order to:
increase common open space; reduce the overall development area; reduce alterations and impacts to
natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce
the cost of providing services, including but not limited to central sewer and water.
The full list of cost savings strategies was scrutinized by the Consultant, Housing Staff and Growth
Management Staff to find agreement on the specific relief measures to be incorporated within the
proposed LDC amendments contained within Initiative One.
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee reviewed the amendment on September 15, 2020, and recommended
approval with the following changes:
• Clarify proposed Section 4.02.39 B.1 regarding storm event design requirements.
o These proposed changes have been incorporated in the amendment.
• Modify proposed Section 4.02.39 B.2 to require relocation of required trees to street trees or
buffer areas, rather than simply exempting the requirement.
o This section has been modified to exempt required trees only on lots adjacent to preserve
areas or perimeter berms and allowing all other required trees to be relocated to common
areas or street tree programs.
• Consider changes to proposed Section 4.02.39 B.5 which allowed for the deferral of payment-in-
lieu of construction of external sidewalks to address potential issues related to deferral of an
assessment to future homeowners.
o This provision has been removed from the amendment.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts to the County. The amendment
relaxes development standards and
application requirements for housing that is
affordable. The amendment is intended to
decrease costs and application review time
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
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for developers of housing that is affordable.
It should be noted that the proposed
amendments could result in a slight decrease
in SDP review fees collected by the Growth
Management Department, as the process for
reviewing certain projects are proposed to be
condensed, but this reduction in fees
corresponds to a decrease in the reviews
required by Staff.
EXHIBITS: N/A
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Amend the LDC as follows:
1
2.03.02 - Residential Zoning Districts 2
3
* * * * * * * * * * * * * 4
5
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-6
family-6 district (RMF-6) is to provide for single-family, two-family and multi-family 7
residences having a low profile silhouette, surrounded by open space , being so situated 8
that it is located in close proximity to public and commercial services and has direct or 9
convenient access to collector and arterial roads on the county major road network. The 10
RMF-6 district corresponds to and implements the urban mixed use land use designation 11
on the future land use map of the Collier County GMP. The maximum density permissible 12
in the RMF-6 district and the urban mixed use land use designation shall be guided, in 13
part, by the density rating system contained in the future land use element of the Collier 14
County GMP. The maximum density permissible or permitted in the RMF-6 district shall 15
not exceed the density permissible under the density rating system, except as permitted 16
by policies contained in the future land use element. 17
18
1. The following subsections identify the uses that are permissible by right and the 19
uses that are allowable as accessory or conditional uses in the RMF-6 district. 20
21
a. Permitted uses. 22
23
1. Single-family dwellings. 24
25
2. Duplexes, two-family dwellings. 26
27
3. Multi-family dwellings, townhouses as provided for in section 28
5.05.07. 29
30
4. Family care facilities, subject to section 5.05.04. 31
32
5. Educational plants and public schools with an agreement with 33
Collier County, as described in LDC section 5.05.14; however, any 34
high school located in this district is subject to a compatibility review 35
as described in LDC section 10.02.03. 36
37
b. Accessory uses. 38
39
1. Uses and structures that are accessory and incidental to uses 40
permitted as of right in the RMF-6 district. 41
42
2. Private docks and boathouses, subject to section 5.03.06. 43
44
3. Recreational facilities that serve as an integral part of a residential 45
development and have been designated, reviewed and approved 46
on a site development plan or preliminary subdivision plat for that 47
development. Recreational facilities may include, but are not limited 48
to, golf course, clubhouse, community center building and tennis 49
facilities, playgrounds and playfields. 50
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1
c. Conditional uses. The following uses are permissible as conditional uses 2
in the RMF-6 district, subject to the standards and procedures established 3
in LDC section 10.08.00. 4
5
1. Churches. 6
7
2. Schools, private. Also, "Ancillary Plants" for public schools. 8
9
3. Child care centers and adult day care centers. 10
11
4. Civic and cultural facilities. 12
13
5. Recreational facilities not accessory to principal use. 14
15
6. Group care facilities (category I and II); care units; nursing homes; 16
assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 17
F.A.C; and continuing care retirement communities pursuant to § 18
651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 19
20
7. Noncommercial boat launch facilities, subject to the applicable 21
review criteria set forth in section 5.03.06. 22
23
8. Cluster development, subject to section 4.02.04, except for 24
affordable housing projects which qualify under Section 4.02.39.C 25
which do not require a conditional use. 26
27
9. Model homes and model sales centers, subject to compliance with 28
all other LDC requirements, to include but not limited to, section 29
5.04.04. 30
31
10. Public schools without an agreement with Collier County, as 32
described in LDC section 5.05.14. Additional standards in LDC 33
section 5.05.14 shall also apply; however, any high school located 34
in this district is subject to a compatibility review as described in 35
LDC section 10.02.03. 36
37
d. Prohibited animals in residential districts. The following animals are to be 38
considered farm animals and are not permitted to be kept in residential 39
districts except as provided for in zoning district regulations: turkeys, 40
chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. 41
42
# # # # # # # # # # # # # 43
44
4.02.04 - Standards for Cluster Residential Design 45
46
A. The purpose of a cluster development design technique is to provide a unique and 47
innovative alternative to residential development in the RSF 1 through 6, RMF-6, PUD and 48
VR districts by creating a more varied, efficient, attractive, and economical residential 49
development containing a more usable pattern of open space . It is intended to implement 50
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the (GMP) by, among other things, encouraging compact urban growth, discouraging 1
urban sprawl, and encouraging the conservation of environmental resources. 2
3
B. This section shall apply to all parcels of land under single 4
ownership within the RSF 1 through 6, RMF-6, VR and PUD zoning 5
districts which permit cluster development. See LDC section 6
2.03.08 A.2 for clustering standards in RFMU receiving lands 7
district. 8
9
C. Conditional uses approved for cluster development and single family affordable housing 10
projects in the RMF-6 zoning districts eligible under Section 4.02.39.C. may reduce the lot 11
area, lot width, and yard requirements within a zoning district, subject to the criteria 12
enumerated in this section. The lot area, lot width, coverage, and yard regulations of the 13
residential zoning district in which the cluster development is located shall be used as the 14
basis for all computations of allowed reductions. The following reductions in lot area, lot 15
width, coverage and yard regulations of the underlying zoning district shall be are 16
permissible: pursuant to the grant of a conditional use for cluster development. 17
18
1. The maximum allowable gross density in any cluster development shall not exceed 19
the maximum allowable gross density of the residential zoning district in which the 20
cluster housing development is located. 21
22
2. The following site design and dimensional standards shall apply to cluster 23
development: 24
25
Table 3. Table of Design Standards for Cluster Development. 26
Design Standard
Minimum lot area per single-family unit 3,000 sq. ft.
Minimum lot width
Cul-de-sac lots 20 feet
All other lots 40 feet
Minimum setbacks
Front yard
front entry garage
side entry garage
If no garage
20 feet
10 feet
25 feet
Side yards
zero lot line on one side
no zero lot line
10 feet remaining side
5 feet each side
Rear yard
principal structure
accessory structure
10 feet
3 feet
D. Requirements for zero lot line developments: 27
28
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1. The zero (0) lot line portion of the dwelling unit shall be void of doors where such 1
wall is contiguous to an adjoining lot line. 2
3
2. Where the nature of the construction of a residence has provided for zero (0) side 4
yard, footings and roof overhang encroachments may be permitted onto the 5
adjoining lot. A roof drainage system shall be put in place to prevent roof drainage 6
from falling onto the abutting property adjacent the walls of the residence with the 7
zero (0) side yard tolerance. Furthermore, provision shall be made for a three (3) 8
foot easement on the abutting property, which shall be recorded running with the 9
land with the residence enjoying the zero (0) lot side yard, for maintenance 10
purposes. 11
12
3. Roof overhangs shall be prohibited over adjacent property lines, unless a recorded 13
restrictive covenant creating the requisite easement interest for encroachment, 14
maintenance, and repair of the building overhang is an element of the project. 15
16
E. Common open space. 17
18
1. All reductions in the minimum lot area, lot width, and yard requirements below that 19
which would otherwise be required within the district in which the cluster 20
development is located shall be required to provide an equal amount of common 21
open space within the same phase and general area of each cluster of homes in 22
the development unless said cluster development is part of a planned unit 23
development where the open space requirements of this LDC have been satisfied. 24
25
2. Common open space shall be reserved for recreational uses. 26
27
3. Any commercial uses recreational facility subject to membership, registration, 28
fees, or aimed at attracting outside users, shall not be counted as common open 29
space. 30
31
4. The sale, lease, or other disposition of common open space shall be prohibited 32
except to a nonprofit corporation or homeowners' association or other similar entity 33
established under the laws of Florida to administer and maintain the facilities 34
subject to a deed restriction acceptable to the County to limit the use of said 35
property to common open space . Provisions shall be included to assure the 36
continued maintenance of the common open space area. 37
38
5. Access rights to common open space for all residents within the cluster housing 39
development shall be guaranteed. 40
41
6. Land utilized for common open space shall be restricted to common open space 42
in perpetuity by appropriate legal instruments satisfactory to Collier County. Such 43
instrument shall be binding upon the owner, developer, his successors, and 44
assigns, and shall constitute a covenant running with the land, and be in recordable 45
form. 46
47
F. Additional reduction to the development standards provided at sections 4.02.04 C.—E. 48
may be approved by the Collier County Planning Commission for projects defined as 49
common architectural theme projects. In determining whether or not a project qualifies as 50
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a common architectural theme project the BCC shall determine that all of the following 1
design features are incorporated into the project: 2
3
1. The architectural style of the dwelling units/structures shall be similar in design and 4
in the use of materials and color. 5
6
2. The residential project shall have a signature entranceway which serves to identify 7
the development as having a common architectural theme. The entranceway 8
design and improvement elements shall include some or all of the following: the 9
use of landscape materials, gated structure, water features, sculpture, and 10
ornamental pavement surfaces. 11
12
3. Street materials, signage, and lighting shall be complementary and the same 13
throughout the project's accessways. 14
15
# # # # # # # # # # # # # 16
17
4.02.39 – Alternative Design for Housing that is Affordable 18
19
A. The intent of this Section is to provide incentives for housing that is affordable and applies 20
to residential only projects, and residential portions of PUDs. Vertical mixed-use projects 21
are not eligible for the alternative designs identified within this Section. 22
23
B. Affordable housing projects may use the following design alternatives, subject to 24
compliance with Section 4.02.39.C. 25
26
1. Section 3.07.02.E - Local/internal roads that are privately maintained may be 27
designed to the elevation required to meet the 5-year, 1-day storm event, and the 28
perimeter berm shall be designed so that surrounding properties will not be 29
adversely impacted by the project’s influence on stormwater sheet flow up to the 30
elevation during the 25 year, 3-day design storm. 31
32
2. Section 4.06.05.A.1 - Single-family developments lots which are adjacent to 33
preserve areas or perimeter berms are exempt from providing one canopy tree per 34
3,000 square feet of pervious open space per lot. For all other lots, the required 35
one canopy tree may be relocated to common areas or to a street tree program. 36
37
3. Sections 6.06.01.S, 10.02.02.A.11 & Appendix B - For all local/internal roads that 38
are privately owned and maintained, an inverted crown design, shall be allowed. 39
40
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4. Sections 6.06.02.A.2 & 6.06.02.F - For local/internal sidewalks that are privately 2
maintained, the minimum sidewalk width shall be four feet, which can be of 3
concrete or asphalt material and shall be constructed over a compacted subgrade. 4
Asphalt shall also require a minimum of 4 inches of compacted limerock base, in 5
addition to the compacted subgrade. 6
7
5. Section 10.02.03.A.3 - Three-family housing structures proposed on a lot(s) of 8
record are exempt from the Site Development Plan provisions of LDC Section 9
10.02.03.A.2. 10
11
6. Section 10.02.04.C - For single-family developments, the clubhouse facility may 12
be included within the construction plans and final subdivision plats. The 13
clubhouse facility shall commence construction when fifty percent of the lots have 14
received a Certificate of Occupancy. 15
16
7. Section 10.02.08.I.2. - The set-aside of land or dedication of land for a public water 17
well at time of rezoning is not required, unless the site is located within a quarter-18
mile of a future raw water transmission main identified in the latest Board-adopted 19
Collier County 10-Year Water Supply Facilities Work Plan Update and in such a 20
way that the quantity of affordable housing units would not be impacted. 21
22
C. Criteria for design alternatives for housing that is affordable. The alternatives described 23
in Section 4.02.39.B. will be allowed when the following criteria are met: 24
25
1. Compatibility. 26
27
a. Setbacks from all project boundaries that abut property zoned or developed 28
for single family residential use shall be a minimum of one foot (setback) 29
per one foot maximum zoned height for principal structures. 30
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1
b. For projects of more than three units, the required buffer for all project 2
boundaries that abut property zoned or developed for single family 3
residential use shall be a 15 foot wide Type ”B” landscape buffer per LDC 4
Section 4.06.02. 5
6
2. Affordability. To qualify for the design alternatives of this section a project shall 7
commit to one of the following agreements or commitments to provide a minimum 8
of 20 percent of the overall units as housing that is affordable: 9
10
a. Affordable Housing Density Bonus (AHDB) Agreement per Section 11
2.06.00; or 12
13
b. Affordable Housing Impact Fee Deferral Agreement per Code of 14
Ordinances Article IV of Chapter 74; or 15
16
c. PUD commitment or Developer’s Agreement (DA) for units that serve 17
households at the income levels (very-low, low, moderate, or gap) identified 18
in Section 2.06.00, or units that are priced within the limits established in 19
the Collier County Housing Demand Methodology, as updated yearly or 20
Board approved Table of Rental Rates, as updated yearly. 21
22
# # # # # # # # # # # # # 23
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001627
SUMMARY OF AMENDMENT
This amendment modifies the setback requirements for fences and walls
enclosing Public Utility Ancillary System (PUAS) facilities.
LDC SECTION TO BE AMENDED
5.05.12 Specific Standards for Public Utility Ancillary Systems in
Collier County
ORIGIN
Public Utilities
Department
HEARING DATES
BCC 01-26-21
CCPC 11-19-20
DSAC 10-07-20
DSAC-LDR 09-15-20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval
BACKGROUND
The Land Development Code (LDC) defines Public Utility Ancillary Systems as “The individual or collective
appurtenant equipment and structures owned or operated by a public or quasi-public entity which are integral to
treatment facilities that provide raw water, potable water, irrigation quality (IQ) water and wastewater services.”
Older PUAS locations are often constrained in size and cannot accommodate new equipment and site r equirements
within a fence or wall enclosure that maintains minimum setback requirements. Additionally, the current maximum
fence and wall height is frequently insufficient to screen equipment.
This amendment removes the minimum height and increases the maximum height to ten feet for a fence or wall,
maintains the existing setback of five feet from adjacent property and right-of-way lines for a fence or wall enclosing
a new PUAS facility, and exempts a fence or wall enclosing an existing PUAS facility installed prior to a certain
effective date or installed within a utility easement existing prior to that date from the five-foot minimum setback.
Fences and walls enclosing raw water wells and appurtenant equipment are subject to the effective date of Ordinance
05-27, and all other PUAS facilities are subject to the effective date of Ordinance 08-63. These effective dates were
implemented pursuant to the request of the Growth Management Department subsequent to DSAC’s recommendation
of approval at their meeting on October 7, 2020. This change was disclosed to DSAC during the staff report portion
of their meeting on November 4, 2020, without objection.
Exhibit A shows examples of existing pump stations where a five-foot minimum setback would preclude construction
of a wall or fence within the existing easement.
The amendment also relocates the fence and wall height standard out of the setback requirement subsection LDC
5.05.12 B.3 to a new LDC section 5.05.12 C and enumerates the remaining sections.
Lastly, a cross reference to LDC section 10.02.03 has been added to clarify when a site development plan or site
improvement plan requires an insubstantial change.
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FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
EXHIBITS: A) Pump Stations 316.01 and 317.01
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Amend the LDC as follows:
1
5.05.12 – Specific Standards for Public Utility Ancillary Systems in Collier County. 2
3
A. Applicability. When water and wastewater is conveyed through physically connected 4
infrastructure to or from a public or quasi-public treatment facility, the system of physically 5
interconnected infrastructure, including but not limited to raw water wells, pump stations, 6
water and wastewater storage tanks, vaults, valves, antennas, and other appurtenant 7
equipment, shall be considered to be collectively located onsite as that term is to be 8
applied in the GMP CCME Policies 6.1.1 and 6.1.2, and any implementing land 9
development regulations. Applicable designs for public utility ancillary systems selected 10
from the Collier County Utility Standards Manual shall be submitted for appropriate County 11
staff review of the following requirements. 12
13
B. Setback Requirements 14
15
* * * * * * * * * * * * * 16
17
3. Fences and walls enclosing public utility ancillary systems must meet the following 18
setbacks: , other than raw water wells and appurtenant equipment, installed after 19
November 12, 2008, shall be setback five feet from adjacent property and right-of-20
way lines. However, for those public utility ancillary systems installed on or before 21
November 12, 2008 or installed in utility easements existing on or before 22
November 12, 2008, there shall be no minimum setback for fences and walls. 23
24
In the case of raw water wells and appurtenant equipment installed after June 16, 25
2005, the setback shall be five feet from adjacent property and right-of-way lines, 26
except where installed in easements existing on or before June 16, 2005, in 27
which case, there shall be no minimum setback for fences and walls. 28
29
30
Adjacent to Right-of-Way or easement line - 5 feet. 31
32
Side yard or easement line - 5 feet. 33
34
Appurtenant equipment, other than antennas, that exceeds the height of the fence 35
or wall, shall be setback no less than the underlying zoning district's requirements 36
for side yard setback. 37
38
Rear yard or easement line - 5 feet. 39
40
Raw water well easements contained within a larger public easement - 2 feet. 41
42
Fence or wall heights may be between six (6) feet and eight (8) feet in height. 43
44
Appurtenant equipment shall not be considered as separate structures. 45
46
C. Fences and walls enclosing public utility ancillary systems shall not exceed ten feet in 47
height unless an administrative fence waiver is approved in accordance with the LDC 48
section 5.03.02. 49
50
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CD. Public utility ancillary system site access: 1
2
1. Direct access from public ways shall be limited to one (1) access point and must 3
otherwise comply with the requirements of LDC Ssection 4.04.02 4
5
2 Access from an easement must provide legal access to a public or approved 6
private way. Access from an existing public way to an easement must otherwise 7
comply with the requirements of LDC Ssection 4.04.02. 8
9
DE. Prior to County approval of any public utility ancillary system site under this Code, the 10
applicant shall obtain permits from SFWMD, FDEP or other state or federal agency having 11
jurisdiction over the intended use if such permits are required. 12
13
EF. Stormwater management and environmental resource permits for public utility ancillary 14
system sites shall be governed by the requirements of SFWMD or FDEP, and if approval 15
is granted for the public utility ancillary system by SFWMD or FDEP under those 16
requirements, or said requirements are deemed not applicable by SFWMD or FDEP due 17
to the de minimus size or nature of the public utility ancillary system site as verified in 18
writing by SFWMD or FDEP, the project may be considered for a waiver from the 19
requirements of LDC Ssection 10.02.02 A. 20
21
FG. Landscaping and buffering shall conform to the requirements of LDC Ssection 4.06.05 B. 22
4 23
24
GH. Site planning review and approval for public utility ancillary systems must follow the 25
requirements of an insubstantial change to a Site Development Plan or Site Improvement 26
Plan review process as required in LDC section 10.02.03, providing water, wastewater or 27
irrigation quality water from such public utility ancillary system is conveyed through 28
physically connected infrastructure to a public or quasi-public treatment facility. The 29
system of physically inter-connected infrastructure and wells may be considered to be 30
collectively located "on-site". 31
# # # # # # # # # # # # # 32
17.C.4
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1
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Exhibit A- Pump Stations 101.16 and 305.17
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001602
SUMMARY OF AMENDMENT
This amendment corrects scrivener’s errors and updates cross references
related to various Land Development Code (LDC) sections, the Florida
Statues (F.S.) and Florida Administrative Code (F.A.C.) Chapter and Rule
citations.
LDC SECTIONS TO BE AMENDED
1.08.02 Definitions
2.03.01 Agricultural Districts
2.03.02 Residential Zoning Districts
2.03.03 Commercial Zoning Districts
2.03.05 Civic and Institutional Zoning Districts
2.03.07 Overlay Zoning Districts
2.03.08 Rural Fringe Zoning Districts
4.02.06 Standards for Development within the Airport Overlay (APO)
10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof
10.02.05 Construction, Approval, and Acceptance of Required
Improvements
10.02.13 Planned Unit Development (PUD) Procedures
Appendix A-Standard Performance Security Documents for Required
Improvements
ORIGIN
Growth Management
Department
HEARING DATES
BCC 01/26/21
CCPC 11/19/20
DSAC 10/07/20
DSAC-LDR 09/15/20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval Approval Approval
BACKGROUND
Staff has researched and reviewed 2019 Florida Statues and Florida Administrative Code citations for the definition
and use of the terms “Assisted Living Facility” (ALF) and “Family Care Facility” (FCF). The previous referenced
citations have been transferred over time and require correction throughout the respective residential and non -
residential zoning districts and the Santa Barbara Commercial Overlay District. The correct F.S. and F.A.C. citations
are listed in a Correction Table. See Exhibit A.
This amendment further corrects scrivener’s errors and cross references in the following LDC sections:
Section 1.08.02: When the F.A.C. Chapter 59 A-36.10 was adopted, the word “supervisors” has been replaced with
“staff” for the definition of “Family Care Facility”, and this change has been made.
Section 2.03.03 D.1.a.26: The word “texture” should read “textile.”
Sections 2.03.08 A.2.a.(4)(b)ii. a)iv) and 2.03.08 A.2.a.(4)(b)ii. b)v): The reference to LDC section 4.02.01
should read 4.02.03 which is the appropriate section for the “Specific Standards for Location of Accessory
Buildings and Structures”.
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Section 4.02.06 L.2.a: When Ordinance 19-35 was sent to FDOT for review, the FDOT-Aviation and
Spaceports Office representatives brought a discrepancy to staff’s attention. The correct height is 499 feet
rather than 500 feet, and this change is consistent with the Federal Regulation Title 14, Part 77. See Exhibit
B.
Section 10.02.03 F.5: The reference to LDC section 10.03.06 Q should read LDC section 10.03.06 R,
which is the appropriate section for public notice and required hearings for “Site Plan with Deviations for
Redevelopment”.
Section 10.02.05 B.2.a: The words “Competition Certificate” should read “Completion Certificate.”.
Section 10.02.13 I.: The reference to LDC sections “2.02.12 and 2.02.12 D” should read “10.02.13 and
10.02.13 D”.
Appendix A: Florida Statues 117.05 (4) provides for the notarial certificate requirements and F.S. 117.05
(13) provides the templates and acknowledgements in a representative capacity. For each respective
standard performance security document, the notarial acknowledgement is updated and replaced with the
generic notarial certificate requirement for conformity.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
There are no anticipated Growth Management Plan
impacts associated with this amendment.
EXHIBITS: A) F.S. and F.A.C. Correction Table
B) Federal Aviation Administration DOT: 14 CFR Part 77, Subpart C § 77.17(a)(1)
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Amend the LDC as follows: 1
2
1.08.02 Definitions 3
4
* * * * * * * * * * * * * 5
Assisted living facility: Any building(s), section of a building, distinct part of a building, 6
residence, private home, boarding home, or other place, whether operated for profit or 7
not, which undertakes through its ownership or management to provide for a period 8
exceeding 24 hours, housing, food service, and 1 or more personal services for 4 or more 9
adults, not related to the owner or administrator by blood or marriage, who require such 10
services and to provide limited nursing services, when specifically licensed to do so 11
pursuant to § 400.407 400.062 F.S. A facility offering personal services or limited nursing 12
services for fewer than 4 adults is within the meaning of this definition if it formally or 13
informally advertises to or solicits the public for residents or referrals and holds itself out 14
to the public to be an establishment that regularly provides such services. 15
* * * * * * * * * * * * * 16
Family care facility: A residential facility designed to be occupied by not more than 6 17
persons under care, plus supervisors staff as required by subsection 10A-5.019, FAC rule 18
59A-36.010, F.A.C. and constituting a single dwelling unit (i.e., adult congregate living 19
facility for: aged persons; developmentally disabled persons; physically disabled or 20
handicapped persons; mentally ill persons; and persons recovering from alcohol and/or 21
drug abuse. Foster care facilities are also included, but not the uses listed under group 22
care facility (category II). This use shall be applicable to single-family dwelling units and 23
mobile homes. 24
* * * * * * * * * * * * * 25
# # # # # # # # # # # # # 26
27
2.03.01 - Agricultural Districts. 28
29
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is 30
to provide lands for agricultural, pastoral, and rural land uses by accommodating 31
traditional agricultural, agricultural related activities and facilities, support facilities related 32
to agricultural needs, and conservation uses. Uses that are generally considered 33
compatible to agricultural uses that would not endanger or damage the agricultural, 34
environmental, potable water, or wildlife resources of the County, are permissible as 35
conditional uses in the A district. The A district corresponds to and implements the 36
Agricultural/Rural land use designation on the future land use map of the Collier County 37
GMP, and in some instances, may occur in the designated urban area. The maximum 38
density permissible in the rural agricultural district within the urban mixed use district shall 39
be guided, in part, by the density rating system contained in the future land use element 40
of the GMP. The maximum density permissible or permitted in A district shall not exceed 41
the density permissible under the density rating system. The maximum density permissible 42
in the A district within the agricultural/rural district of the future land use element of the 43
Collier County GMP shall be consistent with and not exceed the density permissible or 44
permitted under the agricultural/rural district of the future land use element. 45
46
1. The following subsections identify the uses that are permissible by right and the 47
uses that are allowable as accessory or conditional uses in the rural agricultural 48
district (A). 49
* * * * * * * * * * * * * 50
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c. Conditional uses. The following uses are permitted as conditional uses in the rural 1
agricultural district (A), subject to the standards and procedures established in LDC 2
section 10.08.00 and the Administrative Code. 3
* * * * * * * * * * * * 4
16. Group care facilities (category I and II); care units; nursing homes; assisted 5
living facilities pursuant to § 400.402 429.02 F.A.C F.S.; and continuing 6
care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 69O-7
193 F.A.C., all subject to LDC section 5.05.04 when located within the 8
Urban Designated Area on the Future Land Use Map to the Collier County 9
Growth Management Plan. 10
* * * * * * * * * * * * * 11
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 12
low density residential development in a semi-rural to rural environment, with limited 13
agricultural activities. In addition to low density residential development with limited 14
agricultural activities, the E district is also designed to accommodate as conditional uses, 15
development that provides services for and is compatible with the low density residential, 16
semi-rural and rural character of the E district. The E district corresponds to and 17
implements the estates land use designation on the future land use map of the Collier 18
County GMP, although, in limited instances, it may occur outside of the estates land use 19
designation. The maximum density permissible in the E district shall be consistent with 20
and not exceed the density permissible or permitted under the estates district of the future 21
land use element of the Collier County GMP as provided under the Golden Gate Master 22
Plan. 23
24
1. The following subsections identify the uses that are permissible by right and the 25
uses that are allowable as accessory or conditional uses in the estates district (E). 26
* * * * * * * * * * * * * 27
c. Conditional uses. For Estates zoning within the Golden Gate Estates 28
subdivision, the Golden Gate Area Master Plan in the GMP restricts the 29
location of conditional uses. The following uses are permissible as 30
conditional uses in the estates district (E), subject to the standards and 31
procedures established in LDC section 10.08.00. 32
* * * * * * * * * * * * * 33
5. Group care facilities (category I); care units, subject to the 34
provisions of LDC subsection 2.03.01 B.3.f; nursing homes; 35
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 36
58A-5 59A-36 F.A.C.; and continuing care retirement communities 37
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 38
to LDC section 5.05.04. 39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
2.03.02 - Residential Zoning Districts 43
44
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 45
purpose and intent of the residential single-family districts (RSF) is to provide lands 46
primarily for single-family residences. These districts are intended to be single-family 47
residential areas of low density. The nature of the use of property is the same in all of 48
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 49
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districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 1
coverage, parking, landscaping and signs. Certain structures and uses designed to 2
serve the immediate needs of the single-family residential development in the RSF 3
districts such as governmental, educational, religious, and noncommercial recreational 4
uses are permitted as conditional uses as long as they preserve , and are compatible 5
with the single-family residential character of the RSF district[s]. The RSF districts 6
correspond to and implement the urban mixed use land use designation on the future 7
land use map of the Collier County GMP. The maximum density permissible in the 8
residential single-family (RSF) districts and the urban mixed use land use designation 9
shall be guided, in part, by the density rating system contained in the future land use 10
element of the Collier County GMP. The maximum density permissible or permitted in 11
the RSF district shall not exceed the density permissible under the density rating 12
system, except as permitted by policies contained in the future land use element. 13
14
1. The following subsections identify the uses that are permissible by right and the 15
uses that are allowable as accessory or conditional uses in the residential single-16
family districts (RSF). 17
* * * * * * * * * * * * * 18
c. Conditional uses. The following uses are permissible as conditional uses 19
in the residential single-family districts (RSF), subject to the standards and 20
procedures established in LDC section 10.08.00 21
* * * * * * * * * * * * * 22
7. Group care facilities (category I); care units subject to the provisions 23
of LDC subsection 2.03.02 3.h; nursing homes; assisted living 24
facilities pursuant to § 400.402 429.02 F.S. and ch. 58A-5 59A-36 25
F.A.C.; and continuing care retirement communities pursuant to § 26
ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject to LDC 27
section 5.05.04. 28
* * * * * * * * * * * * * 29
30
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the 31
residentialmulti-family-6 district (RMF-6) is to provide for single-family, two-family and 32
multi-family residences having a low profile silhouette, surrounded by open space, 33
being so situated that it is located in close proximity to public and commercial s ervices 34
and has direct or convenient access to collector and arterial roads on the county major 35
road network. The RMF-6 district corresponds to and implements the urban mixed use 36
land use designation on the future land use map of the Collier County GMP. The 37
maximum density permissible in the RMF-6 district and the urban mixed use land use 38
designation shall be guided, in part, by the density rating system contained in the future 39
land use element of the Collier County GMP. The maximum density permissible or 40
permitted in the RMF-6 district shall not exceed the density permissible under the 41
density rating system, except as permitted by policies contained in the future land use 42
element. 43
44
1. The following subsections identify the uses that are permissible by right and the uses that 45
are allowable as accessory or conditional uses in the RMF-6 district. 46
* * * * * * * * * * * * * 47
c. Conditional uses. The following uses are permissible as conditional uses in the 48
RMF-6 district, subject to the standards and procedures established in LDC section 49
10.08.00. 50
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* * * * * * * * * * * * * 1
6. Group care facilities (category I and II); care units; nursing homes; assisted 2
living facilities pursuant to § 400.402 429.02 F.S. and ch. 58A-5 59A-36 3
F.A.C; and continuing care retirement communities pursuant to § ch. 651 4
F.S. and ch. 4-193 69O-193 F.A.C.; all subject to LDC section 5.05.04. 5
* * * * * * * * * * * * * 6
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 7
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 8
a mid-rise profile, generally surrounded by lower structures and open space, located in 9
close proximity to public and commercial services, with direct or convenient access to 10
collector and arterial roads on the county major road network. Governmental, social, and 11
institutional land uses that serve the immediate needs of the multi-family residences are 12
permitted as conditional uses as long as they preserve and are compatible with the mid-13
rise multiple-family character of the district. The RMF-12 district corresponds to and 14
implements the urban mixed use land use designation on the future land use map of the 15
Collier County GMP. The maximum density permissible in the RMF-12 district and the 16
urban mixed use land use designation shall be guided, in part, by the density rating system 17
contained in the future land use element of the Collier County GMP. The maximum density 18
permissible or permitted in the RMF-12 district shall not exceed the density permissible 19
under the density rating system, except as permitted by policies contained in the future 20
land use element. 21
22
1. The following subsections identify the uses that are permissible by right and the 23
uses that are allowable as accessory or conditional uses in the residential multi-24
family-12 district (RMF-12). 25
* * * * * * * * * * * * * 26
c. Conditional uses. The following uses are permissible as conditional uses 27
in the residential multiple-family-12 district (RMF-12), subject to the 28
standards and procedures established in LDC section 10.08.00. 29
* * * * * * * * * * * * * 30
6. Group care facilities (category I and II); care units; nursing homes; 31
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 32
58A-5 59A-36 F.A.C.; and continuing care retirement communities 33
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 34
to 35
* * * * * * * * * * * * * 36
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the 37
residentialmulti-family-16 district (RMF-16) is to provide lands for medium to high density 38
multiple-family residences, generally surrounded by open space, located in close proximity 39
to public and commercial services, with direct or convenient access to arterial and collector 40
roads on the county major road network. Governmental, social, and institutional land uses 41
that serve the immediate needs of the multiple-family residences are permitted as 42
conditional uses as long as they preserve and are compatible with the medium to high 43
density multi-family character of the district. The RMF-16 district corresponds to and 44
implements the urban mixed use land use designation on the future land use map of the 45
Collier County GMP. The maximum density permissible in the RMF-16 district and the 46
urban mixed use land use designation shall be guided, in part, by the density rating system 47
contained in the future land use element of the Collier County GMP. The maximum density 48
permissible or permitted in the RMF-16 district shall not exceed the density permissible 49
under the density rating system, except as permitted by policies contained in the future 50
land use element. 51
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1
1. The following subsections identify the uses that are permissible by right and the 2
uses that are allowable as accessory or conditional uses in the residential multi-3
family-16 district (RMF-16). 4
* * * * * * * * * * * * * 5
c. Conditional uses. The following uses are permissible as conditional uses 6
in the residential multiple-family-16 district (RMF-16), subject to the 7
standards and procedures established in LDC section 10.08.00. 8
* * * * * * * * * * * * * 9
6. Group care facilities (category I and II); care units; nursing homes; 10
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 11
58A-5 59A-36 F.A.C.; and continuing care retirement communities 12
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 13
to LDC section 5.05.04. 14
* * * * * * * * * * * * * 15
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 16
(RT) is to provide lands for tourist accommodations and support facilities, and multiple 17
family uses. The RT district corresponds with and implements the urban mixed use district 18
and the activity center district in the urban designated area on the future land use map of 19
the Collier County GMP. 20
21
1. The following subsections identify the uses that are permissible by right and the 22
uses that are allowable as accessory or conditional uses in the residential tourist 23
district (RT). 24
* * * * * * * * * * * * * 25
c. Conditional uses. The following uses are permitted as conditional uses in 26
the residential tourist district (RT), subject to the standards and procedures 27
established in LDC section 10.08.00. 28
* * * * * * * * * * * * * 29
4. Group care facilities (category I and II); care units; nursing homes; 30
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 31
58A-5 59A-36 F.A.C.; and continuing care retirement communities 32
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 33
to LDC section 5.05.04. 34
* * * * * * * * * * * * * 35
F. Village Residential District (VR). The purpose and intent of the village residential district 36
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses 37
are located and designed to maintain a village residential character which is generally low 38
profile, relatively small building footprints as is the current appearance of Goodland and 39
Copeland. The VR district corresponds to and implements the mixed residential land use 40
designation on the Immokalee future land use map of the Collier County GMP. It is 41
intended for application in those urban areas outside of the coastal urban area designated 42
on the future land use map of the Collier County GMP, though there is some existing VR 43
zoning in the coastal urban area. The maximum density permissible in the VR district and 44
the urban mixed use land use designation shall be guided, in part, by the density rating 45
system contained in the future land use element of the Collier County GMP. The maximum 46
density permissible or permitted in the VR district shall not exceed the density permissible 47
under the density rating system, except as permitted by policies contained in the future 48
land use element, or as designated on the Immokalee future land use map of the GMP. 49
50
17.C.5
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1. The following subsections identify the uses that are permissible by right and the 1
uses that are allowable as accessory or conditional uses in the village residential 2
district (VR). 3
* * * * * * * * * * * * * 4
c. Conditional uses. The following uses are permissible as conditional uses 5
in the village residential district (VR), subject to the standards and 6
procedures established in LDC section 10.08.00. 7
* * * * * * * * * * * * * 8
8. Group care facilities (category I and II); care units; nursing homes; 9
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 10
58A-5 59A-36 F.A.C.; and continuing care retirement communities 11
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 12
to LDC section 5.05.04. 13
* * * * * * * * * * * * * 14
# # # # # # # # # # # # # 15
16
2.03.03 - Commercial Zoning Districts 17
18
A. Commercial Professional and General Office District (C-1). The purpose and intent of 19
the commercial professional and general office district C-1 is to allow a concentration of 20
office type buildings and land uses that are most compatible with, and located near, 21
residential areas. Most C-1 commercial, professional, and general office districts are 22
contiguous to, or when within a PUD, will be placed in close proximity to residential 23
areas, and, therefore, serve as a transitional zoning district between residential areas 24
and higher intensity commercial zoning districts. The types of office uses permitted are 25
those that do not have high traffic volumes throughout the day, which extend into the 26
evening hours. They will have morning and evening short-term peak conditions. The 27
market support for these office uses should be those with a localized basis of market 28
support as opposed to office functions requiring inter-jurisdictional and regional market 29
support. Because office functions have significant employment characteristics, which are 30
compounded when aggregations occur, certain personal service uses shall be permitted, 31
to provide a convenience to office-based employment. Such convenience commercial 32
uses shall be made an integral part of an office building as opposed to the singular use 33
of a building. Housing may also be a component of this district as provided for through 34
conditional use approval. 35
36
1. The following uses, as identified with a number from the Standard Industrial 37
Classification Manual (1987), or as otherwise provided for within this section are 38
permissible by right, or as accessory or conditional uses within the C-1 commercial 39
professional and general office district. 40
41
a. Permitted uses. 42
* * * * * * * * * * * * * 43
20. Group care facilities (category I and II, except for homeless 44
shelters); care units, except for homeless shelters; nursing homes; 45
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 46
58A-5 59A-36 F.A.C.; and continuing care retirement communities 47
pursuant to § ch, 651 F.S. and ch. 4-193 69O-193 F.A.C.; all 48
subject to LDC section 5.05.04. 49
* * * * * * * * * * * * * 50
17.C.5
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B. Commercial Convenience District (C-2). The purpose and intent of the commercial 1
convenience district (C-2) is to provide lands where commercial establishments may be 2
located to provide the small-scale shopping and personal needs of the surrounding 3
residential land uses within convenient travel distance except to the extent that office 4
uses carried forward from the C-1 district will expand the traditional neighborhood size. 5
However, the intent of this district is that retail and service uses be of a nature that can 6
be economically supported by the immediate residential environs. Therefore, the uses 7
should allow for goods and services that households require on a daily basis, as 8
opposed to those goods and services that households seek for the most favorable 9
economic price and, therefore, require much larger trade areas. It is intended that the C-10
2 district implements the Collier County GMP within those areas designated 11
agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; 12
the neighborhood center district of the Immokalee Master Plan; and the urban mixed use 13
district of the future land use element permitted in accordance with the locational criteria 14
for commercial and the goals, objectives, and policies as identified in the future land use 15
element of the Collier County GMP. The maximum density permissible in the C-2 district 16
and the urban mixed use land use designation shall be guided, in part, by the density 17
rating system contained in the future land use element of the Collier County GMP. The 18
maximum density permissible or permitted in a district shall not exceed the density 19
permissible under the density rating system. 20
21
1. The following uses, as identified with a number from the Standard Industrial 22
Classification Manual (1987), or as otherwise provided for within this section are 23
permissible by right, or as accessory or conditional uses within the C-2 24
commercial convenience district. 25
26
a. Permitted uses. 27
* * * * * * * * * * * * * 28
34. Group care facilities (category I and II, except for homeless 29
shelters); care units, except for homeless shelters; nursing homes; 30
assisted living facilities pursuant § 400.402 429.02 F.S. and ch. 31
58A-5 59A-36 F.A.C.; and continuing care retirement communities 32
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 33
to LDC section 5.05.04. 34
* * * * * * * * * * * * * 35
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 36
intermediate district (C-3) is to provide for a wider variety of goods and services intended 37
for areas expected to receive a higher degree of automobile traffic. The type and variety 38
of goods and services are those that provide an opportunity for comparison shopping, 39
have a trade area consisting of several neighborhoods, and are preferably located at the 40
intersection of two-arterial level streets. Most activity centers meet this standard. This 41
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 42
typically aggregated in planned shopping centers. This district is not intended to permit 43
wholesaling type of uses, or land uses that have associated with them the need for outdoor 44
storage of equipment and merchandise. A mixed-use project containing a residential 45
component is permitted in this district subject to the criteria established herein. The C-3 46
district is permitted in accordance with the locational criteria for commercial and the goals, 47
objectives, and policies as identified in the future land use element of the Collier County 48
GMP. The maximum density permissible in the C-3 district and the urban mixed use land 49
use designation shall be guided, in part, by the density rating system contained in the 50
future land use element of the Collier County GMP. The maximum density permissible or 51
17.C.5
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permitted in the C-3 district shall not exceed the density permissible under the density 1
rating system. 2
3
1. The following uses, as identified with a number from the Standard Industrial 4
Classification Manual (1987), or as otherwise provided for within this section are 5
permissible by right, or as accessory or conditional uses within the commercial 6
intermediate district (C-3). 7
8
a. Permitted uses. 9
* * * * * * * * * * * * * 10
42. Group care facilities (category I and II, except for homeless 11
shelters); care units, except for homeless shelters; nursing homes; 12
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 13
58A-5 59A-36 F.A.C.; and continuing care retirement communities 14
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 15
to LDC section 5.05.04. 16
* * * * * * * * * * * * * 17
D. General Commercial District (C-4). The general commercial district (C-4) is intended to 18
provide for those types of land uses that attract large segments of the population at the 19
same time by virtue of scale, coupled with the type of activity. The purpose and intent of 20
the C-4 district is to provide the opportunity for the most diverse types of commercial 21
activities delivering goods and services, including entertainment and recreational 22
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 23
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 24
storage of merchandise and equipment is prohibited, except to the extent that it is 25
associated with the commercial activity conducted on-site such as, but not limited to, 26
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 27
centers are suitable locations for the uses permitted by the C-4 district because most 28
activity centers are located at the intersection of arterial roads. Therefore, the uses in the 29
C-4 district can most be sustained by the transportation network of major roads. The C-4 30
district is permitted in accordance with the locational criteria for uses and the goals, 31
objectives, and policies as identified in the future land use element of the Collier County 32
GMP. The maximum density permissible or permitted in a district shall not exceed the 33
density permissible under the density rating system. 34
35
1. The following uses, as defined with a number from the Standard Industrial 36
Classification Manual (1987), or as otherwise provided for within this section are 37
permissible by right, or as accessory or conditional uses within the general 38
commercial district (C-4). 39
40
a. Permitted uses. 41
* * * * * * * * * * * * * 42
26. Business services - miscellaneous (7381, 7389 - except 43
auctioneering service, automobile recovery, automobile 44
repossession, batik work, bottle exchanges, bronzing, cloth cutting, 45
contractors' disbursement, cosmetic kits, cotton inspection, cotton 46
sampler, directories-telephone, drive-away automobile, exhibits-47
building, filling pressure containers, field warehousing, fire 48
extinguisher, floats-decoration, folding and refolding, gas systems, 49
bottle labeling, liquidation services, metal slitting and shearing, 50
packaging and labeling, patrol of electric transmission or gas lines, 51
17.C.5
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pipeline or powerline inspection, press clipping service, recording 1
studios, repossession service, rug binding, salvaging of damaged 2
merchandise, scrap steel cutting and slitting, shrinking textiles, 3
solvent recovery, sponging textiles, swimming pool cleaning, tape 4
slitting, texture textile designers, textile folding, tobacco sheeting, 5
and window trimming service). 6
* * * * * * * * * * * * * 7
64. Group care facilities (category I and II, except for homeless 8
shelters); care units, except for homeless shelters; nursing homes; 9
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 10
58A-5 59A-36 F.A.C.; and continuing care retirement communities 11
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 12
to LDC section 5.05.04. 13
* * * * * * * * * * * * * 14
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the 15
heavy commercial district (C-5) allows a range of more intensive commercial uses and services 16
which are generally those uses that tend to utilize outdoor spac e in the conduct of the business. 17
The C-5 district permits heavy commercial services such as full-service automotive repair, and 18
establishments primarily engaged in construction and specialized trade activities such as contractor 19
offices, plumbing, heating and air conditioning services, and similar uses that typically have a need 20
to store construction associated equipment and supplies within an enclosed structure or have 21
showrooms displaying the building material for which they specialize. Outdoor storage y ards are 22
permitted with the requirement that such yards are completely enclosed or opaquely screened. The 23
C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, 24
and policies as identified in the future land use element of the Collier County GMP. 25
26
1. The following uses, as identified with a number from the Standard Industrial 27
Classification Manual (1987), or as otherwise provided for within this section are 28
permissible by right, or as accessory or conditional uses within the heavy 29
commercial district (C-5). 30
31
a. Permitted uses. 32
* * * * * * * * * * * * * 33
76. Group care facilities (category I and II, except for homeless 34
shelters); care units, except for homeless shelters; nursing homes; 35
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch. 36
58A-5 59A-36 F.A.C.; and continuing care retirement communities 37
pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 F.A.C.; all subject 38
to LDC section 5.05.04. 39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
2.03.05 - Civic and Institutional Zoning Districts 43
44
* * * * * * * * * * * * * 45
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 46
the GMP by permitting nonresidential land uses as generally identified in the urban 47
designation of the future land use element. These uses can be characterized as public 48
facilities, institutional uses, open space uses, recreational uses, water-related or 49
dependent uses, and other such uses generally serving the community at large. The 50
dimensional standards are intended to insure compatibility with existing or future nearby 51
17.C.5
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residential development. The CF district is limited to properties within the urban mixed use 1
land use designation as identified on the future land use map. 1. 2
3
1. The following uses are permitted as of right, or as accessory or conditional uses, 4
in the community facility district (CF). 5
6
a. Permitted uses. 7
* * * * * * * * * * * * * 8
5. Nursing homes, assisted living facilities (ALF) pursuant to § 9
400.402 429.02 F.S. and ch. 58A-5 59A-36., family care facilities, 10
group care facilities (category I) and continuing care retirement 11
communities pursuant to § ch. 651 F.S. and ch. 4-193 69O-193 12
F.A.C.; all subject to LDC section 5.05.04. 13
* * * * * * * * * * * * * 14
# # # # # # # # # # # # # 15
16
2.03.07 - Overlay Zoning Districts 17
18
* * * * * * * * * * * * * 19
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties 20
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace 21
S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the 22
Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 23
* * * * * * * * * * * * * 24
6. The following uses, as identified within the latest edition of the Standard Industrial 25
Classification Manual, or as otherwise provided for within this section, are 26
permitted as of right, or as uses accessory to permitted primary or secondary 27
uses, or are conditional uses within the Santa Barbara Commercial Overlay 28
District. 29
30
a. Permitted uses. 31
* * * * * * * * * * * * * 32
39. Group care facilities (category I and II, except for homeless 33
shelters); care units , except for homeless shelters; nursing 34
homes; assisted living facilities pursuant to § 400.402 429.02 F.S. 35
and ch. 58A-5 59A-36 F.A.C.; and continuing care retirement 36
communities pursuant to F.S. § 651 and ch. 4-193 ch. 651 F.S. 37
and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 38
* * * * * * * * * * * * * 39
# # # # # # # # # # # # # 40
41
2.03.08 - Rural Fringe Zoning Districts 42
43
A. Rural Fringe Mixed-Use District (RFMU District). 44
* * * * * * * * * * * * 45
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 46
district that have been identified as being most appropriate for development and 47
to which residential develop ment units may be transferred from RFMU sending 48
lands. Based on the evaluation of available data, RFMU receiving lands have a 49
lesser degree of environmental or listed species habitat value than RFMU 50
sending lands and generally have been disturbed through d evelopment or 51
17.C.5
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previous or existing agricultural operations. Various incentives are employed to 1
direct development into RFMU receiving lands and away from RFMU sending 2
lands, thereby maximizing native vegetation and habitat preservation and 3
restoration. Suc h incentives include, but are not limited to: the TDR process; 4
clustered development; density bonus incentives; and, provisions for central 5
sewer and water. Within RFMU receiving lands , the following standards shall 6
apply, except as noted in LDC subsection 2.03.08 A.1. above, or as more 7
specifically provided in an applicable PUD. 8
9
a. Outside rural villages. 10
* * * * * * * * * * * * * 11
(4) Design Standards. 12
* * * * * * * * * * * * * 13
(b) Clustered development: 14
* * * * * * * * * * * * 15
ii. Minimum yard requirements 16
17
a) single-family. Each single-family lot or parcel 18
minimum yard requirement shall be 19
established within an approved PUD, or shall 20
comply with the following standards: 21
* * * * * * * * * * * * * 22
iv) Accessory: Per LDC section 4.02.01 23
4.02.03. 24
25
b) multi-family. For each multi-family lot or 26
parcel minimum yard shall be established 27
within an approved PUD, or shall comply with 28
the following standards: 29
* * * * * * * * * * * * 30
v) Accessory: LDC section 4.02.01 31
4.02.03. 32
* * * * * * * * * * * * * 33
# # # # # # # # # # # # # 34
35
4.02.06 - Standards for Development within the Airport Overlay (APO) 36
37
* * * * * * * * * * * * * 38
L. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06 (C)-(K) 39
above, no structure or obstruction will be permitted within Collier County that would cause 40
a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA), 41
decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which would 42
impose either the establishment of restrictive minimum climb gradients or nonstandard 43
takeoff minimums. 44
* * * * * * * * * * * * * 45
2. Except as otherwise provided in this section of the LDC, no structure, or object of 46
natural growth shall be erected, altered, allowed to grow or be maintained, which 47
is or would result in a potential hazard to air navigation within Collier County by 48
exceeding any of the following: 49
50
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a. A height of 500 499 feet above ground level at the site of the object. 1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4
10.02.03 - Requirements for Site Development, Site Improvement Plans and Amendments 5
thereof 6
7
* * * * * * * * * * * * * 8
F. Site plan with deviations for redevelopment projects. 9
* * * * * * * * * * * * * 10
5. Public notice. Public notice of the hearing shall be as required by the LDC section 11
10.03.06 Q R and Chapter 6 of the Administrative Code. 12
* * * * * * * * * * * * * 13
# # # # # # # # # # # # # 14
15
10.02.05 - Construction, Approval, and Acceptance of Required Improvements 16
17
* * * * * * * * * * * * * 18
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer 19
or designee. Preliminary acceptance by the County Engineer or designee shall identify 20
that the subdivision or development is substantially safe for public occupancy. 21
* * * * * * * * * * * * * 22
2. Submittal requirements. Upon completion of all required improvements contained 23
in the approved construction plans, the applicant's professional engineer of record 24
shall provide the following materials for the review by the County Engineer or 25
designee: 26
27
a. Competition Completion Certificate. The applicant's professional engineer 28
of record shall submit a completion certificate for the required 29
improvements completed. The completion certificate shall be based on 30
information provided by the project professional surveyor and mapper and 31
the engineer's own observations. The completion certificate shall not be 32
based on "information provided by the contractor. "The applicant's 33
professional engineer of record shall document that the required 34
improvements have been installed in compliance with the approved 35
construction plans. Any discrepancy shall be brought to the attention of the 36
County Engineer or designee and resolved to the satisfaction of the County 37
Engineer or designee. 38
* * * * * * * * * * * * * 39
# # # # # # # # # # # # # 40
41
10.02.13 - Planned Unit Development (PUD) Procedures 42
43
* * * * * * * * * * * * * 44
I. Applicability. All applications for either a PUD rezoning or an amendment to an existing 45
PUD document or PUD master plan submitted after January 8, 2003, shall comply with 46
the amended procedures set forth in LDC section 2.02.12 10.02.13 of this Code. All PUDs 47
existing and future, shall comply with the sunset provisions established pursuant to LDC 48
section 2.02.12 10.02.13 D. of this Code. 49
* * * * * * * * * * * * * 50
# # # # # # # # # # # # # 51
17.C.5
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1
APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED 2
IMPROVEMENTS 3
4
The following specimen forms are to be used as a guide for preparation of bonding 5
instruments which will be submitted to the Collier County Board of County Commissioners for 6
guaranteeing the completion of required improvements with respect to this Code. Adherence to 7
the forms will assure an expeditious review by the Development Services Division and the 8
Collier County Attorney's Office. Deviation in substance or form from the suggested specimen 9
forms may result in a substantial delay or disapproval of the bonding provisions for Required 10
Improvements by the Development Services Division or the County Attorney's Office. These 11
specimen forms may be revised from time to time by resolution of the Board of County 12
Commissioners. 13
14
Appendix A consists of the following specimen forms: 15
* * * * * * * * * * * * * 16
A.1. Subdivision Improvements 17
* * * * * * * * * * * * * 18
b. The Performance Bond shall be substantially as follows: 19
* * * * * * * * * * * * 20
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 21
to be executed this ___ day of ________. 22
WITNESSES: (Owner Name and Title if Corporation)
By:___________
_____ _____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
23
ACKNOWLEDGEMENT 24
STATE OF ___________ 25
COUNTY OF ___________ 26
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY______ 27
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 28
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 29
Notary Public - State of ___________ 30
(SEAL) 31
___________ 32
Printed Name 33
34
Notarial Acknowledgement 35
Per Requirements of § 117.05, Florida Statutes 36
37
17.C.5
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STATE OF [state]__ _ 1
COUNTY OF [county]___ 2
3
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 4
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 5
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 6
has produced [type of identification] as identification. 7
8
[signature of Notary Public] _ 9
10
[the notary public’s official seal] 11
12
[printed name of Notary Public] 13
14
WITNESSES: (Surety Name and Title if Corporation)
_____ By: _____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
15
ACKNOWLEDGEMENT 16
STATE OF ___________ 17
COUNTY OF ___________ 18
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY 19
______OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF 20
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS 21
IDENTIFICATION. 22
Notary Public - State of ___________ 23
(SEAL) 24
___________ 25
Printed Name 26
Notarial Acknowledgement 27
Per Requirements of § 117.05, Florida Statutes 28
29
STATE OF [state]__ _ 30
COUNTY OF [county]___ 31
32
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 33
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 34
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 35
has produced [type of identification] as identification. 36
37
[signature of Notary Public] _ 38
39
17.C.5
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[the notary public’s official seal] 1
2
[printed name of Notary Public] 3
* * * * * * * * * * * * * 4
A.2. Excavation Improvements 5
* * * * * * * * * * * * * 6
b. The Performance Bond for Excavation Work shall be substantially as follows: 7
* * * * * * * * * * 8
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be 9
executed this ______ day of ____________, 20____. 10
WITNESSES: (Owner Name and Title if Corporation)
_____ By: _____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
11
ACKNOWLEDGEMENT 12
STATE OF ___________ 13
COUNTY OF ___________ 14
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY______ 15
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 16
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 17
Notary Public - State of ___________ 18
(SEAL) 19
___________ 20
Printed Name 21
Notarial Acknowledgement 22
Per Requirements of § 117.05, Florida Statutes 23
24
STATE OF [state]__ _ 25
COUNTY OF [county]___ 26
27
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 28
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 29
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 30
has produced [type of identification] as identification. 31
32
[signature of Notary Public] _ 33
34
[the notary public’s official seal] 35
36
[printed name of Notary Public] 37
38
17.C.5
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WITNESSES: (Owner Name and Title if Corporation)
_____ By: _____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
1
ACKNOWLEDGEMENT 2
STATE OF ___________ 3
COUNTY OF ___________ 4
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS _____ DAY 5
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 6
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 7
Notary Public - State of ___________ 8
(SEAL) 9
___________ 10
Printed Name 11
Notarial Acknowledgement 12
Per Requirements of § 117.05, Florida Statutes 13
14
STATE OF [state]__ _ 15
COUNTY OF [county]___ 16
17
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 18
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 19
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 20
has produced [type of identification] as identification. 21
22
[signature of Notary Public] _ 23
24
[the notary public’s official seal] 25
26
[printed name of Notary Public] 27
* * * * * * * * * * * * * 28
A.3. Early Work Improvements 29
* * * * * * * * * * * * * 30
b. The Performance Bond for Early Work shall be substantially as follows: 31
* * * * * * * * * * * * 32
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be 33
executed this _____ day of ____________, 20____. 34
WITNESSES: (Owner Name and Title if Corporation)
_____ By:___________
17.C.5
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Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
1
ACKNOWLEDGEMENT 2
STATE OF ___________ 3
COUNTY OF ___________ 4
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS______DAY 5
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 6
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 7
Notary Public - State of ___________ 8
(SEAL) 9
___________ 10
Printed Name 11
Notarial Acknowledgement 12
Per Requirements of § 117.05, Florida Statutes 13
14
STATE OF [state]__ _ 15
COUNTY OF [county]___ 16
17
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 18
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 19
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 20
has produced [type of identification] as identification. 21
22
[signature of Notary Public] _ 23
24
[the notary public’s official seal] 25
26
[printed name of Notary Public] 27
WITNESSES: (Owner Name and Title if Corporation)
_____ By: _____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
28
ACKNOWLEDGEMENT 29
STATE OF ___________ 30
COUNTY OF ___________ 31
17.C.5
Packet Pg. 1139 Attachment: D) 2020 Scrivener Errors and Cross References 11-05-20 BCC (14601 : Batch LDC Amendments #2)
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THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS ______DAY 1
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 2
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 3
Notary Public - State of ___________ 4
(SEAL) 5
___________ 6
Printed Name 7
Notarial Acknowledgement 8
Per Requirements of § 117.05, Florida Statutes 9
10
STATE OF [state]__ _ 11
COUNTY OF [county]___ 12
13
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 14
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 15
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 16
has produced [type of identification] as identification. 17
18
[signature of Notary Public] _ 19
20
[the notary public’s official seal] 21
22
[printed name of Notary Public] 23
* * * * * * * * * * * * * 24
A.4. Site Development Plan Improvements 25
* * * * * * * * * * * * * 26
b. The Performance Bond for Site Development Plans shall be substantially as 27
follows: 28
* * * * * * * * * * * * 29
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be 30
executed this _____ day of ____________, 20____. 31
WITNESSES: (Owner Name and Title if Corporation)
By:___________
_____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
32
ACKNOWLEDGEMENT 33
STATE OF ___________ 34
COUNTY OF ___________ 35
17.C.5
Packet Pg. 1140 Attachment: D) 2020 Scrivener Errors and Cross References 11-05-20 BCC (14601 : Batch LDC Amendments #2)
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THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS ______DAY 1
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 2
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 3
Notary Public - State of ___________ 4
(SEAL) 5
___________ 6
Printed Name 7
Notarial Acknowledgement 8
Per Requirements of § 117.05, Florida Statutes 9
10
STATE OF [state]__ _ 11
COUNTY OF [county]___ 12
13
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 14
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 15
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 16
has produced [type of identification] as identification. 17
18
[signature of Notary Public] _ 19
20
[the notary public’s official seal] 21
22
[printed name of Notary Public] 23
WITNESSES: (Owner Name and Title if Corporation)
_____ By: _____
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
_____
Printed Name
24
ACKNOWLEDGEMENT 25
STATE OF ___________ 26
COUNTY OF ___________ 27
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS ______DAY 28
OF ________, 20___, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO 29
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ___________ AS IDENTIFICATION. 30
Notary Public - State of ___________ 31
(SEAL) 32
___________ 33
Printed Name 34
Notarial Acknowledgement 35
Per Requirements of § 117.05, Florida Statutes 36
37
STATE OF [state]__ _ 38
COUNTY OF [county]___ 39
40
17.C.5
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The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ 1
online notarization, this day of [year] , by [name of person] as [type of authority, e.g. 2
president or vice president] for [legal name of entity] , who ☐ is personally known or ☐ 3
has produced [type of identification] as identification. 4
5
[signature of Notary Public] _ 6
7
[the notary public’s official seal] 8
9
[printed name of Notary Public] 10
* * * * * * * * * * * * * 11
# # # # # # # # # # # # 12
17.C.5
Packet Pg. 1142 Attachment: D) 2020 Scrivener Errors and Cross References 11-05-20 BCC (14601 : Batch LDC Amendments #2)
EXHIBIT A
23
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F.S. and F.A.C. Correction Table 1
2
LDC Section or Zoning District-
Term/Use
Prior Citation Updated
Citation
LDC 1.08.02 Definitions:
Assisted Living Facility 400.407 F.S. 400.62 F.S.
Family Care Facility 10A-5019 F.A.C. 59A-36.00 F.A.C.
LDC Zoning Districts: A, E, RSF-1
through 6, RMF-6, RMF-12, RMF-16,
RT, VR, C-1 through C-5, CF and the
Overlay Zoning District for SBCO.
Assisted Living Facility 400.402 F.S. 429.02 F.S.
58A-5 F.A.C. 59A-36 F.A.C.
Continuing Care Facilities 4-193 F.A.C. 69O-193 F.A.C.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
17.C.5
Packet Pg. 1143 Attachment: D) 2020 Scrivener Errors and Cross References 11-05-20 BCC (14601 : Batch LDC Amendments #2)
EXHIBIT B
24
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Federal Aviation Administration DOT: 14 CFR Part 77, Subpart C § 77.17 1
2
17.C.5
Packet Pg. 1144 Attachment: D) 2020 Scrivener Errors and Cross References 11-05-20 BCC (14601 : Batch LDC Amendments #2)
17.C.6
Packet Pg. 1145 Attachment: legal ad - agenda ID 14601 (14601 : Batch LDC Amendments #2)