Ordinance 2021-05 ORDINANCE NO. 2021 -05
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO 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
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 FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
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Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on November 19, 2020, and reviewed the
proposed amendments for consistency with the Comprehensive Plan and did recommend
approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on February 9, 2021, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
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SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
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8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02, Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
Assisted living facility: Any building(s), section of a building, distinct part of a building,
residence, private home, boarding home, or other place, whether operated for profit or
not, which undertakes through its ownership or management to provide for a period
exceeding 24 hours, housing, food service, and 1 or more personal services for 4 or
more adults, not related to the owner or administrator by blood or marriage, who require
such services and to provide limited nursing services, when specifically licensed to do so
pursuant to § 4100/107 400.062 F.S. A facility offering personal services or limited
nursing services for fewer than 4 adults is within the meaning of this definition if it
formally or informally advertises to or solicits the public for residents or referrals and
holds itself out to the public to be an establishment that regularly provides such services.
* * * * * * * * * * * * *
Family care facility: A residential facility designed to be occupied by not more than 6
persons under care, plus supervisors staff as required by subsection 10A 5.019, FAC
rule 59A-36.010, F.A.C., and constituting a single dwelling unit (i.e., adult congregate
living facility for: aged persons; developmentally disabled persons; physically disabled or
handicapped persons; mentally ill persons; and persons recovering from alcohol and/or
drug abuse. Foster care facilities are also included, but not the uses listed under group
care facility (category II). This use shall be applicable to single-family dwelling units and
mobile homes.
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL DISTRICTS
Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Districts.
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A)
is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered
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compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County, are permissible as
conditional uses in the A district. The A district corresponds to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier County
GMP, and in some instances, may occur in the designated urban area. The maximum
density permissible in the rural agricultural district within the urban mixed use district
shall be guided, in part, by the density rating system contained in the future land use
element of the GMP. The maximum density permissible or permitted in A district shall
not exceed the density permissible under the density rating system. The maximum
density permissible in the A district within the agricultural/rural district of the future land
use element of the Collier County GMP shall be consistent with and not exceed the
density permissible or permitted under the agricultural/rural district of the future land use
element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural agricultural
district (A).
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional uses in the
rural agricultural district (A), subject to the standards and procedures established
in LDC section 10.08.00 and the Administrative Code.
* * * * * * * * * * * * *
16. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to §'100.'102 429.02 F.A.0 F.S. and 58A-
5 F.A.C.; and continuing care retirement communities pursuant to § ch.
651 F.S. and ch. 4193 690-193 F.A.C., all subject to LDC section
5.05.04 when located within the Urban Designated Area on the Future
Land Use Map to the Collier County Growth Management Plan.
* * * * * * * * * * * * *
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional uses,
development that provides services for and is compatible with the low density residential,
semi-rural and rural character of the E district. The E district corresponds to and
implements the estates land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with
and not exceed the density permissible or permitted under the estates district of the
future land use element of the Collier County GMP as provided under the Golden Gate
Master Plan.
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1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district
(E).
* * * * * * * * * * * * *
c. Conditional uses. For Estates zoning within the Golden Gate Estates
subdivision, the Golden Gate Area Master Plan in the GMP restricts the
location of conditional uses. The following uses are permissible as
conditional uses in the estates district (E), subject to the standards and
procedures established in LDC section 10.08.00:
* * * * * * * * * * * * *
5. Group care facilities (category I); care units, subject to the
provisions of LDC subsection 2.03.01 B.3.f; nursing homes;
assisted living facilities pursuant to § 400/102 429.02 F.S. and ch.
68A-5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. /1 193 690-193 F.A.C.; all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
8. Essential services, as set forth in LDC subsection 2.01.03 G.
9. Model homes and model sales centers, subject to compliance with
all other LDC requirements, to include but not limited to section
5.04.04.
10. Ancillary plants.
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply.
12. Communication towers up to specified heights, subject to LDC
section 5.05.09.
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.02 Residential Zoning Districts
Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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2.03.02 Residential Zoning Districts
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The
purpose and intent of the residential single-family districts (RSF) is to provide lands
primarily for single-family residences. These districts are intended to be single-family
residential areas of low density. The nature of the use of property is the same in all of
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot
coverage, parking, landscaping and signs. Certain structures and uses designed to
serve the immediate needs of the single-family residential development in the RSF
districts such as governmental, educational, religious, and noncommercial recreational
uses are permitted as conditional uses as long as they preserve T and are compatible
with the single-family residential character of the RSF district[s]. The RSF districts
correspond to and implement the urban mixed use land use designation on the future
land use map of the Collier County GMP. The maximum density permissible in the
residential single-family (RSF) districts and the urban mixed use land use designation
shall be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the RSF district shall not exceed the density permissible under the density rating system,
except as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential single-
family districts (RSF).
c. Conditional uses. The following uses are permissible as conditional uses
in the residential single-family districts (RSF), subject to the standards
and procedures established in LDC section 10.08.00
* * * * * * * * * * * * *
7. Group care facilities (category I); care units subject to the
provisions of LDC subsection 2.03.02 3.h; nursing homes;
assisted living facilities pursuant to § /100.102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 'l 183 690-193 F.A.C.; all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential
multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family
residences having a low profile silhouette, surrounded by open space, being so situated
that it is located in close proximity to public and commercial services and has direct or
convenient access to collector and arterial roads on the county major road network. The
RMF-6 district corresponds to and implements the urban mixed use land use designation
on the future land use map of the Collier County GMP. The maximum density
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permissible in the RMF-6 district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use element of
the Collier County GMP. The maximum density permissible or permitted in the RMF-6
district shall not exceed the density permissible under the density rating system, except
as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the uses
that are allowable as accessory or conditional uses in the RMF-6 district.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the RMF-6 district, subject to the standards and procedures established
in LDC section 10.08.00.
* * * * * * * * * * * * *
6. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 4100./102 429.02 F.S. and ch.
58A-5 59A-36 F.A.C; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all
subject to LDC section 5.05.04.
7. Noncommercial boat launch facilities, subject to the applicable
review criteria set forth in section 5.03.06.
8. Cluster development, subject to section 4.02.04, except for
affordable housing projects which qualify under Section 4.02.39.0
which do not require a conditional use.
* * * * * * * * * * * * *
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having
a mid-rise profile, generally surrounded by lower structures and open space, located in
close proximity to public and commercial services, with direct or convenient access to
collector and arterial roads on the county major road network. Governmental, social, and
institutional land uses that serve the immediate needs of the multi-family residences are
permitted as conditional uses as long as they preserve and are compatible with the mid-
rise multiple-family character of the district. The RMF-12 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-12 district and the
urban mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the RMF-12 district shall not exceed the
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density permissible under the density rating system, except as permitted by policies
contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-12 district (RMF-12).
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the residential multiple-family-12 district (RMF-12), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
6. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § /100.'102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all
subject to section 5.05.04.
* * * * * * * * * * * * *
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-
family residences, generally surrounded by open space, located in close proximity to
public and commercial services, with direct or convenient access to arterial and collector
roads on the county major road network. Governmental, social, and institutional land
uses that serve the immediate needs of the multiple-family residences are permitted as
conditional uses as long as they preserve and are compatible with the medium to high
density multi-family character of the district. The RMF-16 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-16 district and the
urban mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the RMF-16 district shall not exceed the
density permissible under the density rating system, except as permitted by policies
contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-16 district (RMF-16).
* * * * * * * * * * * * *
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c. Conditional uses. The following uses are permissible as conditional uses
in the residential multiple-family-16 district (RMF-16), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * *
6. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 4100.402 429.02 F.S. and ch.
58A-5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4 193 690-193 F.A.C.; all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district
(RT) is to provide lands for tourist accommodations and support facilities, and multiple
family uses. The RT district corresponds with and implements the urban mixed use
district and the activity center district in the urban designated area on the future land use
map of the Collier County GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential tourist
district (RT).
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional uses in
the residential tourist district (RT), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
4. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 400/102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
F. Village Residential District (VR). The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses
are located and designed to maintain a village residential character which is generally
low profile, relatively small building footprints as is the current appearance of Goodland
and Copeland. The VR district corresponds to and implements the mixed residential land
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use designation on the Immokalee future land use map of the Collier County GMP. It is
intended for application in those urban areas outside of the coastal urban area
designated on the future land use map of the Collier County GMP, though there is some
existing VR zoning in the coastal urban area. The maximum density permissible in the
VR district and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in the VR district shall not exceed
the density permissible under the density rating system, except as permitted by policies
contained in the future land use element, or as designated on the Immokalee future land
use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the village residential
district (VR).
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the village residential district (VR), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
8. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 400/102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of
the commercial professional and general office district C-1 is to allow a concentration of
office type buildings and land uses that are most compatible with, and located near,
residential areas. Most C-1 commercial, professional, and general office districts are
contiguous to, or when within a PUD, will be placed in close proximity to residential
areas, and, therefore, serve as a transitional zoning district between residential areas
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and higher intensity commercial zoning districts. The types of office uses permitted are
those that do not have high traffic volumes throughout the day, which extend into the
evening hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of market
support as opposed to office functions requiring inter-jurisdictional and regional market
support. Because office functions have significant employment characteristics, which are
compounded when aggregations occur, certain personal service uses shall be permitted,
to provide a convenience to office-based employment. Such convenience commercial
uses shall be made an integral part of an office building as opposed to the singular use
of a building. Housing may also be a component of this district as provided for through
conditional use approval.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1 commercial
professional and general office district.
a. Permitted uses.
* * * * * * * * * * * * *
20. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § /100/102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch, 651 F.S. and ch. 4-1 93 690-1 93 F.A.C.; all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office
uses carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can
be economically supported by the immediate residential environs. Therefore, the uses
should allow for goods and services that households require on a daily basis, as
opposed to those goods and services that households seek for the most favorable
economic price and, therefore, require much larger trade areas. It is intended that the C-
2 district implements the Collier County GMP within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan;
the neighborhood center district of the Immokalee Master Plan; and the urban mixed use
district of the future land use element permitted in accordance with the locational criteria
for commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-2 district
and the urban mixed use land use designation shall be guided, in part, by the density
Page 13 of 39
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rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in a district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
* * * * * * * * * * * * *
34. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant § /100.102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.i all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two-arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning
districts typically aggregated in planned shopping centers. This district is not intended to
permit wholesaling type of uses, or land uses that have associated with them the need
for outdoor storage of equipment and merchandise. A mixed-use project containing a
residential component is permitted in this district subject to the criteria established
herein. The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-3 district
and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the C-3 district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
* * * * * * * * * * * * *
Page 14 of 39
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42. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 4100/102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. /1-193 690-193 F.A.C.i all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
D. General Commercial District (C-4). The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent of
the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The
outside storage of merchandise and equipment is prohibited, except to the extent that it
is associated with the commercial activity conducted on-site such as, but not limited to,
automobile sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district because most
activity centers are located at the intersection of arterial roads. Thereforeihe uses in the
C-4 district can most be sustained by the transportation network of major roads. The C-4
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
a. Permitted uses.
* * * * * * * * * * * * *
26. Business services - miscellaneous (7381, 7389 - except
auctioneering service, automobile recovery, automobile
repossession, batik work, bottle exchanges, bronzing, cloth
cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories-telephone, drive-away
automobile, exhibits-building, filling pressure containers, field
warehousing, fire extinguisher, floats-decoration, folding and
refolding, gas systems, bottle labeling, liquidation services, metal
slitting and shearing, packaging and labeling, patrol of electric
transmission or gas lines, pipeline or powerline inspection, press
clipping service, recording studios, repossession service, rug
binding, salvaging of damaged merchandise, scrap steel cutting
Page 15 of 39
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and slitting, shrinking textiles, solvent recovery, sponging textiles,
swimming pool cleaning, tape slitting, texturc textile designers,
textile folding, tobacco sheeting, and window trimming service).
* * * * * * * * * * * * *
64. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 4100/102 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.i all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning
district, the heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space in
the conduct of the business. The C-5 district permits heavy commercial services such as
full-service automotive repair, and establishments primarily engaged in construction and
specialized trade activities such as contractor offices, plumbing, heating and air
conditioning services, and similar uses that typically have a need to store construction
associated equipment and supplies within an enclosed structure or have showrooms
displaying the building material for which they specialize. Outdoor storage yards are
permitted with the requirement that such yards are completely enclosed or opaquely
screened. The C-5 district is permitted in accordance with the locational criteria for uses
and the goals, objectives, and policies as identified in the future land use element of the
Collier County GMP.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
a. Permitted uses.
* * * * * * * * * * * * *
76. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 4100.402 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § ch. 651 F.S. and ch. 4 193 690-193 F.A.C.i all
subject to LDC section 5.05.04.
* * * * * * * * * * * * *
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SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL
ZONING DISTRICTS
Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.05 Civic and Institutional Zoning Districts
* * * * * * * * * * * * *
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement
the GMP by permitting nonresidential land uses as generally identified in the urban
designation of the future land use element. These uses can be characterized as public
facilities, institutional uses, open space uses, recreational uses, water-related or
dependent uses, and other such uses generally serving the community at large. The
dimensional standards are intended to insure compatibility with existing or future nearby
residential development. The CF district is limited to properties within the urban mixed
use land use designation as identified on the future land use map. 1.
1. The following uses are permitted as of right, or as accessory or conditional uses,
in the community facility district (CF).
a. Permitted uses.
* * * * * * * * * * * * *
5 . Nursing homes, assisted living facilities (ALF) pursuant to §
/100.102 429.02 F.S. and ch. 58A 5 59A-36. F.A.C., family care
facilities, group care facilities (category I) and continuing care
retirement-communities pursuant to § ch. 651 F.S. and ch. /1 193
690-193 F.A.C.i all subject to LDC section 5.05.04.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace
S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the
Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below.
Page 17 of 39
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* * * * * * * * * * * * *
6. The following uses, as identified within the latest edition of the Standard
Industrial Classification Manual, or as otherwise provided for within this section,
are permitted as of right, or as uses accessory to permitted primary or
secondary uses, or are conditional uses within the Santa Barbara Commercial
Overlay District.
a. Permitted uses.
* * * * * * * * * * * * *
39. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing
homes; assisted living facilities pursuant to § �100.102 429.02 F.S.
and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement
communities pursuant to ch. 651 F.S.
and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04.
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU District).
* * * * * * * * * * * *
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
district that have been identified as being most appropriate for development
and to which residential development units may be transferred from RFMU
sending lands. Based on the evaluation of available data, RFMU receiving
lands have a lesser degree of environmental or listed species habitat value
than RFMU sending lands and generally have been disturbed through
development or previous or existing agricultural operations. Various incentives
are employed to direct development into RFMU receiving lands and away from
RFMU sending lands, thereby maximizing native vegetation and habitat
preservation and restoration. Such incentives include, but are not limited to: the
TDR process; clustered development; density bonus incentives; and, provisions
for central sewer and water. Within RFMU receiving lands, the following
standards shall apply, except as noted in LDC subsection 2.03.08 A.1. above,
or as more specifically provided in an applicable PUD.
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* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR CLUSTER
RESIDENTIAL DESIGN
Section 4.02.04, Standards for Cluster Residential Design, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
4.02.04 Standards for Cluster Residential Design
A. The purpose of a cluster development design technique is to provide a unique and
innovative alternative to residential development in the RSF 1 through 6, RMF-6, PUD
and VR districts by creating a more varied, efficient, attractive, and economical
residential development containing a more usable pattern of open space . It is intended
to implement the (GMP) by, among other things, encouraging compact urban growth,
discouraging urban sprawl, and encouraging the conservation of environmental
resources.
B. This section shall apply to all parcels of land under single ownership within the RSF 1
through 6, RMF-6, VR and PUD zoning districts which permit cluster development. See
LDC section 2.03.08 A.2 for clustering standards in RFMU receiving lands district.
C. Conditional uses approved for cluster development and single family affordable housing
projects in the RMF-6 zoning districts eligible under Section 4.02.39.C. may reduce the
lot area, lot width, and yard requirements within a zoning district, subject to the criteria
enumerated in this section. The lot area, lot width, coverage, and yard regulations of the
residential zoning district in which the cluster development is located shall be used as
the basis for all computations of allowed reductions. The following reductions in lot area,
lot width, coverage and yard regulations of the underlying zoning district shall be are
permissible: pursuant to the grant of a conditional use for cluster development.
1. The maximum allowable gross density in any cluster development shall not
exceed the maximum allowable gross density of the residential zoning district in
which the cluster housing development is located.
2. The following site design and dimensional standards shall apply to cluster
development:
Table 3. Table of Design Standards for Cluster Development.
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
Page 19 of 39
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Minimum setbacks
Front yard
front entry garage 20 feet
side entry garage 10 feet
If no garage 25 feet
Side yards
zero lot line on one side 10 feet remaining side
no zero lot line 5 feet each side
Rear yard
principal structure 10 feet
accessory structure 3 feet
D. Requirements for zero lot line developments:
* * * * * * * * * * * * *
SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR
DEVELOPMENT WITHIN THE AIRPORT OVERLAY (APO)
Section 4.02.06, Standards for Development within the Airport Overlay (APO), of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
4.02.06 Standards for Development within the Airport Overlay (APO)
* * * * * * * * * * * * *
L. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06 (C)-(K)
above, no structure or obstruction will be permitted within Collier County that would
cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude
(MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor
which would impose either the establishment of restrictive minimum climb gradients or
nonstandard takeoff minimums.
* * * * * * * * * * * * *
2. Except as otherwise provided in this section of the LDC, no structure, or object of
natural growth shall be erected, altered, allowed to grow or be maintained, which
is or would result in a potential hazard to air navigation within Collier County by
exceeding any of the following:
a. A height of 500 499 feet above ground level at the site of the object.
* * * * * * * * * * * * *
Page 20 of 39
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SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.39 ALTERNATIVE DESIGN FOR
HOUSING THAT IS AFFORDABLE
Section 4.02.39, Alternative Design for Housing that is Affordable, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
4.02.39 Alternative Design for Housing that is Affordable
A. The intent of this Section is to provide incentives for housing that is affordable and
applies to residential only projects, and residential portions of PUDs. Vertical mixed-use
projects are not eligible for the alternative designs identified within this Section.
B. Affordable housing projects may use the following design alternatives, subject to
compliance with Section 4.02.39.C.
1. Section 3.07.02.E - Local/internal roads that are privately maintained may be
designed to the elevation required to meet the 5-year, 1-day storm event, and the
perimeter berm shall be designed so that surrounding properties will not be
adversely impacted by the project's influence on stormwater sheet flow up to the
elevation during the 25 year, 3-day design storm.
2. Section 4.06.05.A.1 - Single-family developments lots which are adjacent to
preserve areas or perimeter berms are exempt from providing one canopy tree
per 3,000 square feet of pervious open space per lot. For all other lots, the
required one canopy tree may be relocated to common areas or to a street tree
program.
3. Sections 6.06.01.S, 10.02.02.A.11 & Appendix B - For all local/internal roads that
are privately owned and maintained, an inverted crown design, shall be allowed.
Page 21 of 39
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50' R.O.W.
1.5' C.U.E. r 1.5' C.U.E.
10'RAJ AstI s/1✓I CRASS I I0 TRAVEL LANE I 3' 110' TRAVEL LANE I CRASS I1i/W I.RAS. 1 ' 10'F.tl.E.
2% 3% 2%
._ — , 4' COMPACTED BASE
4' COMPACTED BASE 12' STABIUZED SUBGRADE
CROWN GUTTER - 6' COMPACTED BASE
IV 3s
WATER MAIN Y FORCE MAIN
TYPICAL INTERNAL INVERTED CROWN ROADWAY DESIGN
4. Sections 6.06.02.A.2 & 6.06.02.F - For local/internal sidewalks that are privately
maintained, the minimum sidewalk width shall be four feet, which can be of
concrete or asphalt material and shall be constructed over a compacted
subgrade. Asphalt shall also require a minimum of 4 inches of compacted
limerock base, in addition to the compacted subgrade.
5. Section 10.02.03.A.3 - Three-family housing structures proposed on a lot(s) of
record are exempt from the Site Development Plan provisions of LDC Section
10.02.03.A.2.
6. Section 10.02.04.0 - For single-family developments, the clubhouse facility may
be included within the construction plans and final subdivision plats. The
clubhouse facility shall commence construction when fifty percent of the lots have
received a Certificate of Occupancy.
7. Section 10.02.08.1.2. - The set-aside of land or dedication of land for a public
water well at time of rezoning is not required, unless the site is located within a
quarter-mile of a future raw water transmission main identified in the latest
Board-adopted Collier County 10-Year Water Supply Facilities Work Plan Update
and in such a way that the quantity of affordable housing units would not be
impacted.
C. Criteria for design alternatives for housing that is affordable. The alternatives described
in Section 4.02.39.B. will be allowed when the following criteria are met:
1. Compatibility.
Page 22 of 39
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a. Setbacks from all project boundaries that abut property zoned or
developed for single family residential use shall be a minimum of one foot
(setback) per one foot maximum zoned height for principal structures.
�J Maximum Zoned Height
) fF7Frr
st-
j ti'`°1.e•°jr
,oa
Kati
X X
15'Type 13"
Landscape Buffer
1 to 1 Setback to Height Ratio
b. For projects of more than three units, the required buffer for all project
boundaries that abut property zoned or developed for single family
residential use shall be a 15 foot wide Type "B" landscape buffer per LDC
Section 4.06.02.
2. Affordability. To qualify for the design alternatives of this section a project shall
commit to one of the following agreements or commitments to provide a
minimum of 20 percent of the overall units as housing that is affordable:
a. Affordable Housing Density Bonus (AHDB) Agreement per Section
2.06.00; or
b. Affordable Housing Impact Fee Deferral Agreement per Code of
Ordinances Article IV of Chapter 74; or
c. PUD commitment or Developer's Agreement (DA) for units that serve
households at the income levels (very-low, low, moderate, or gap)
identified in Section 2.06.00, or units that are priced within the limits
established in the Collier County Housing Demand Methodology, as
updated yearly or Board approved Table of Rental Rates, as updated
yearly.
SUBSECTION 3.K. AMENDMENTS TO SECTION 5.05.09 COMMUNICATION TOWERS
Section 5.05.09, Communication Towers, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Page 23 of 39
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5.05.09 Communication Towers
* * * * * * * * * * * * *
G. Development standards for communication towers.
1. Except to the extent that amateur radio towers, and ground-mounted antennas
with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09
herein, 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. However, notwithstanding
other provisions of this section, including the separation requirements of
subsection 5.05.09 (F)(7) G.7. below, towers may be allowed to any height as a
conditional use in the Estate (E). zoning district only on parcels designated as
Urban or Rural Golden Gate Estates Sub-Element in the Golden Gate Area
Master Plan or sites approved for a specified essential service listed in
subsection 5.05.09 ((F)(3) G.3. below. There shall be no exception to this
subsection except for conditional use applications by a government for a
governmental use.
* * * * * * * * * * * * *
7. With the exception of rooftop towers and towers on essential services sites, each
new communication tower shall meet the following separation requirements:
a. Each new tower that exceeds 185 feet in height shall be located not less
than two and one-half (2.5) times the height of the tower from all RSF-1
through RSF-6, and RMF-6 zoning districts, including PUDs where the
adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and
RMF-6 zoning districts. If a part of a PUD is not developed, and it is
inconclusive whether the part of a PUD area within such minimum
separation distance from the proposed tower site may be developed with
a density of six (6) units per acre or less, it shall be presumed that the
PUD area nearest to the proposed site will be developed at the lowest
density possible under the respective PUD.
b. In addition, each such new tower that exceeds a height of seventy-five
(75) feet, excluding antennas, shall be separated from all boundaries of
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC,H,
and the residential areas of PUDs with existing or planned densities
greater than six (6) units per acre by not less than the total height of the
tower including its antennas; and from all other surrounding property
boundaries by a distance not less than one-half (1/2) the height of the
tower and its antennas, or the tower's certified collapse area, whichever
distance is greater.
c. Communication towers in the Estate (E) zoning district shall be separated
from residentially zoned properties as follows:
Page 24 of 39
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New towers up to 75 feet in height shall be located not less than
the total height of the tower and antennas from all residentially
zoned properties.
ii. New towers over 75 feet in height shall be located not less than
two and one-half times the height of the tower and antennas, or
the certified collapse area, whichever distance is greater, from all
residentially zoned properties.
* * * * * * * * * * * * *
25. Communication towers in the Estate (E) Zoning District.
Communication towers are allowed on parcels designated as Urban or Rural
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are
subject to the following:
a. The parcel is a minimum 2.25 acres and adjacent to an arterial or
collector road.
b. The communications provider has provided evidence that the
communications provider's search radius for tower placement requires
placement of the tower in the Estates zoning district to meet its coverage
requirements and the tower cannot be co-located on an existing tower
and provide the same service coverage.
c. All security and site lighting shall be less than 20 feet above grade, fully
shielded, and directed away from neighboring properties.
d. Fencing height and landscaping. The required perimeter wall or fence
height shall be a minimum of eight feet from finished grade of base
supporting structure and no greater than 10 feet. A minimum 15 feet
landscape Type B buffer along the perimeter of wall or fence is required
and tree plantings within the buffer shall be 12 feet tall at time of planting.
e. Equipment cabinets. Overall height of ground-mounted equipment or
equipment enclosure shall not exceed 12 feet.
SUBSECTION 3.L. AMENDMENTS TO SECTION 5.05.12 SPECIFIC STANDARDS FOR
PUBLIC UTILITY ANCILLARY SYSTEMS IN COLLIER COUNTY
Section 5.05.12, Specific Standards for Public Utility Ancillary Systems in Collier County, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
Page 25 of 39
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5.05.12 Specific Standards for Public Utility Ancillary Systems in Collier County.-
A. Applicability. When water and wastewater is conveyed through physically connected
infrastructure to or from a public or quasi-public treatment facility, the system of
physically interconnected infrastructure, including but not limited to raw water wells,
pump stations, water and wastewater storage tanks, vaults, valves, antennas, and other
appurtenant equipment, shall be considered to be collectively located onsite as that term
is to be applied in the GMP CCME Policies 6.1.1 and 6.1.2, and any implementing land
development regulations. Applicable designs for public utility ancillary systems selected
from the Collier County Utility Standards Manual shall be submitted for appropriate
County staff review of the following requirements.
B. Setback Requirements
* * * * * * * * * * * * *
3. Fences and walls enclosing public utility ancillary systems must meet the
following setbacks: , other than raw water wells and appurtenant equipment,
installed after November 12, 2008, shall be setback five feet from adjacent
property and right-of-way lines. However, for those public utility ancillary
systems installed on or before November 12, 2008 or installed in utility
easements existing on or before November 12, 2008, there shall be no minimum
setback for fences and walls.
In the case of raw water wells and appurtenant equipment installed after June 16,
2005, the setback shall be five feet from adjacent property and right-of-way lines,
except where installed in easements existing on or before June 16, 2005, in
which case, there shall be no minimum setback for fences and walls.
Adjacent to Right of Way or easement line 5 feet.
gide-yar-d-e-r-easement-li-Re-5-feet,
Appurtenant equipment, other than antennas, that exceeds the height of the
fencer ei_o I hall be s th ck nn lees than the i inderlying zoning district
requirements for side yard setback.
Rearr yard-or easement line _ 5. feet
R i i ter well e ementc ontained ithin a In a pu e e t 2 feet
��-�-�� rg�r��blis �a-s�men���
Page 26 of 39
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Fence or wall heights may be between six (6) feet and eight (8) feet in height.
Appurtenant equipment shall not be considered as separate structures.
C. Fences and walls enclosing public utility ancillary systems shall not exceed ten feet in
height unless an administrative fence waiver is approved in accordance with the LDC
section 5.03.02.
GD. Public utility ancillary system site access:
1. Direct access from public ways shall be limited to one (1) access point and must
otherwise comply with the requirements of LDC Ssection 4.04.02
2 Access from an easement must provide legal access to a public or approved
private way. Access from an existing public way to an easement must otherwise
comply with the requirements of LDC Ssection 4.04.02.
E. Prior to County approval of any public utility ancillary system site under this Code, the
applicant shall obtain permits from SFWMD, FDEP or other state or federal agency
having jurisdiction over the intended use if such permits are required.
€F. Stormwater management and environmental resource permits for public utility ancillary
system sites shall be governed by the requirements of SFWMD or FDEP, and if approval
is granted for the public utility ancillary system by SFWMD or FDEP under those
requirements, or said requirements are deemed not applicable by SFWMD or FDEP due
to the de minimus size or nature of the public utility ancillary system site as verified in
writing by SFWMD or FDEP, the project may be considered for a waiver from the
requirements of LDC Ssection 10.02.02 A.
FG. Landscaping and buffering shall conform to the requirements of LDC Ssection 4.06.05 B.
4
GH. Site planning review and approval for public utility ancillary systems must follow the
requirements of an insubstantial change to a Site Development Plan or Site
Improvement Plan review process as required in LDC section 10.02.03, providing water,
wastewater or irrigation quality water from such public utility ancillary system is
conveyed through physically connected infrastructure to a public or quasi-public
treatment facility. The system of physically inter-connected infrastructure and wells may
be considered to be collectively located "on-site".
Page 27 of 39
Words tru^'n. throough are deleted,words underlined are added.
SUBSECTION 3.M. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF
Section 10.02.03, Requirements for Site Development, Site Improvement Plans and
Amendments thereof, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
thereof
* * * * * * * * * * * * *
F. Site plan with deviations for redevelopment projects.
* * * * * * * * * * * * *
5. Public notice. Public notice of the hearing shall be as required by the LDC
section 10.03.06 Q R and Chapter 6 of the Administrative Code.
* * * * * * * * * * * * *
SUBSECTION 3.N. AMENDMENTS TO SECTION 10.02.05 CONSTRUCTION, APPROVAL,
AND ACCEPTANCE OF REQUIRED IMPROVEMENTS
Section 10.02.05, Construction, Approval, and Acceptance of Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.05 Construction, Approval, and Acceptance of Required Improvements
* * * * * * * * * * * * *
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer
or designee. Preliminary acceptance by the County Engineer or designee shall identify
that the subdivision or development is substantially safe for public occupancy.
* * * * * * * * * * * * *
2. Submittal requirements. Upon completion of all required improvements contained
in the approved construction plans, the applicant's professional engineer of
record shall provide the following materials for the review by the County Engineer
or designee:
a. Competition Completion Certificate. The applicant's professional engineer
of record shall submit a completion certificate for the required
improvements completed. The completion certificate shall be based on
information provided by the project professional surveyor and mapper and
the engineer's own observations. The completion certificate shall not be
Page 28 of 39
Words struck through are deleted, words underlined are added.
*based on "information provided by the contractor. "The applicant's
professional engineer of record shall document that the required
improvements have been installed in compliance with the approved
construction plans. Any discrepancy shall be brought to the attention of
the County Engineer or designee and resolved to the satisfaction of the
County Engineer or designee.
* * * * * * * * * * * *
SUBSECTION 3.0. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES
Section 10.02.13, Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
* * * * * * * * * * * * *
Applicability. All applications for either a PUD rezoning or an amendment to an existing
PUD document or PUD master plan submitted after January 8, 2003, shall comply with
the amended procedures set forth in LDC section 2.02.12 10.02.13 of this Code. All
PUDs existing and future, shall comply with the sunset provisions established pursuant
to LDC section 2.02.12 10.02.13 D. of this Code.
* * * * * * * * * * * * *
APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS
The following specimen forms are to be used as a guide for preparation of bonding
instruments which will be submitted to the Collier County Board of County Commissioners for
guaranteeing the completion of required improvements with respect to this Code. Adherence to
the forms will assure an expeditious review by the Development Services Division and the
Collier County Attorney's Office. Deviation in substance or form from the suggested specimen
forms may result in a substantial delay or disapproval of the bonding provisions for Required
Improvements by the Development Services Division or the County Attorney's Office. These
specimen forms may be revised from time to time by resolution of the Board of County
Commissioners.
Appendix A consists of the following specimen forms:
Page 29 of 39
Words struck through are deleted,words underlined are added.
A.1. Subdivision Improvements
* * * * * * * * * * * * *
b. The Performance Bond shall be substantially as follows:
* * * * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE M S
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME
OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
(SEAL)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [yearl , by [name of person] as [type of authority,
Page 30 of 39
Words struck through are deleted, words underlined are added.
e.g. president or vice president] for [legal name of entity] , who ❑ is personally known
or ❑ has produced [type of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
WITNESSES: (Surety Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public State of
(SEAL)
Printed Namc
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [yearl , by [name of person] as [type of authority,
e.g. president or vice president] for [legal name of entity] , who ❑ is personally known
or ❑ has produced [type of identification] as identification.
Page 31 of 39
Words struck through are deleted, words underlined are added.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
* * * * * * * * * * * * *
A.2. Excavation Improvements
* * * * * * * * * * * * *
b. The Performance Bond for Excavation Work shall be substantially as follows:
* * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to
be executed this day of , 20 .
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME
OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
{SEAL)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
Page 32 of 39
Words struck through are deleted,words underlined are added.
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority,
e.g. president or vice president] for [legal name of entity] , who 0 is personally known
or ❑ has produced [type of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME
OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
{SEAL)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of El physical presence or ❑
online notarization, this day of [year] , by [name of person' as [type of authority,
e.g. president or vice president] for [legal name of entity] , who El is personally known
or ❑ has produced [type of identification] as identification.
[signature of Notary Public]
Page 33 of 39
Words struck through are deleted,words underlined are added.
[the notary public's official seal]
[printed name of Notary Public]
* * * * * * * * * * * * *
A.3. Early Work Improvements
* * * * * * * * * * * * *
b. The Performance Bond for Early Work shall be substantially as follows:
* * * * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , 20 .
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF
{NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
{SEAL}
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF [statel
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority,
Page 34 of 39
Words struck through are deleted,words underlined are added.
e.g. president or vice president] for [legal name of entity] , who ❑ is personally known
or ❑ has produced [type of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME
OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
(SEAL)
Printed Name
Notarial Acknowledgement
Per Requirements of§ 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of El physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority,
e.g. president or vice president] for [legal name of entity] , who ❑ is personally known
or El has produced [type of identification] as identification.
Page 35 of 39
Words struck through are deleted,words underlined are added.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
* * * * * * * * * * * * *
A.4. Site Development Plan Improvements
* * * * * * * * * * * * *
c. The Performance Bond for Site Development Plans shall be substantially
as follows:
* * * * * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , 20
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME
OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
{SEAL}
Printed Namc
Page 36 of 39
Words struck through are deleted,words underlined are added.
Notarial Acknowledgement
Per Requirements of§ 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person' as [type of authority,
e.g. president or vice president] for [legal name of entity] , who ❑ is personally known
or ❑ has produced [type of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME
OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public State of
(SEAL)
Printed Namc
Notarial Acknowledgement
Per Requirements of§ 117.05, Florida Statutes
STATE OF [state'
COUNTY OF [county'
Page 37 of 39
Words struck through are deleted,words underlined are added.
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority,
e.g. president or vice president] for [legal name of entity] , who ❑ is personally known
or ❑ has produced [type of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Public]
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 38 of 39
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 9th day of February , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, G ERK OF COL R OUNTY, FLORIDA
By: •
, De Cle Penny Ta or, Chairman
At# t a6 to Chairman',
ign.ature only,
Approved as to form and legality:
LiitteLAetm7rufz.
_____,/,v,A1,\
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1857 (1/15/21)
20-LDS-00106
This ordinance fi.ed with the
Sect. Yary of St to s � 1
107__- day of
and acknawledt of that
received this _ _ d'uy,
fili�
of_ram- ' .
_._j ,�
By Deputy Clerk
Page 39 of 39
Words struck through are deleted,words underlined are added.
w
qt.
Fes,
ito
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
February 15, 2021
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-05, which was filed in this office on February 12,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270