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IntroductionSUPPLEMENT NO.25 March 2022 COLLIER COUNTY LAND DEVELOPMENT CODE Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 22-08, adopted March 8, 2022. See the Land Development Ordinance Disposition Table for further information. Remove Old Pages Checklist of up-to-date pages SH:1 LDC 1: 9—LDC 1:16 LDC1:35, LDC1:36 LDC2:86.53, LDC2:86.54 LDC2:86.81—LDC2: 86.84 LDC2:86.103, LDC2:86.104 LDC4:11, LDC4:12 LDC4:47—LDC4:50.1 LDC4:52.21—LDC4:54 LDC5:39—LDC5:40.2 LDC6:27—LDC6:30 LDC 10:3—LDC 10:6 LDC 10:10.1—LDC 10:12 LDC 10:27—LDC 10:30 LDC 10:37—LDC 10:42 LDC 10:107, LDC 10:108 LDC 10:119—LDC 10:122 LDCF:1—LDCF:12 LDODT:93 Insert New Pages Checklist of up-to-date pages (following Table of Contents) SH:1 LDC 1:9—LDC 1:16.1 LDC1:35, LDC1:36 LDC2:86.53, LDC2:86.54 LDC2:86.81—LDC2:86.84 LDC2:86.103, LDC2:86.104 LDC4:11, LDC4:12 LDC4:47—LDC4:50.4 LDC4:53—LDC4:54.2 LDC5:39—LDC5:40.2 LDC6:27—LDC6:30 LDC 10:3—LDC 10:6 LDC 10:11, LDC10:12 LDC 10:27—LDC 10:30 LDC 10:37—LDC 10:42 LDC 10:107, LDC 10:108 LDC 10:119—LDC 10:122 LDCF:1—LDCF:9 LDODT:93, LDODT:94 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode POWERED BY CIVICPLUS info@municode.com 1 800.262.2633 1 www.municode.com P.O. Box 2235 Tallahassee, FL 32316 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Donna Fiala, Chairman Tom Henning Jim Coletta Fred W. Coyle Frank Halas COLLIER COUNTY PLANNING COMMISSION Russell Budd, Chairman Mark Strain Brad Schiffer Kenneth Abernathy Paul Midney Lindy Adelstein Robert Murray Dwight Richardson Robert Vigliotti COUNTY MANAGER James V. Mudd COUNTY ATTORNEY David C. Weigel CLERK OF THE CIRCUIT COURT Dwight E. Brock COMMUNITY DEVELOPMENT ADMINISTRATOR Joseph K. Schmitt CONSULTANT Gail Easley, Gail Easley Company SPECIAL APPRECIATION TO THE LAND DEVELOPMENT CODE AD HOC COMMITTEE AND REVIEW TEAM FOR ITS VALUABLE REVIEW AND COMMENTS AND PROMOTION OF PUBLIC PARTICIPATION Bruce Anderson Michelle Arnold Timothy Billings Michael Bosi Barbara Burgeson Stan Chrzanowski Michael Deruntz Gail Easley Joyce Ernst Diane Flagg Steve Fontaine Ross Gochenaur Marjorie Student Kim Hadley John Houldsworth Bill Lorenz Denise Metcalf Bob Mulhere Susan Murray Dwight Nadeau Brad Schiffer Don Scott Ray Smith Cheryl Soter Mark Strain Russell Webb iv PREFACE This publication is the Collier County Land Development Code, as adopted through Ord. No. 04-41 on June 22, 2004. Amendments to the Land Development Code are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Land Development Code. By use of the comparative table appearing at the back of this publication, the user can locate any ordinance included herein. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes and expression of numbers in text has been used to conform to the Code of Laws and Ordinances, Collier County, Florida. Page Numbering System The page numbering system used in this publication is a prefix system. The letters to the left of the colon are an abbreviation which represents a portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of an article of the Land Development Code, the number to the left of the colon indicates the number of the article. In the case of an appendix to the Land Development Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are the parts of this volume at the time of publication and their corresponding prefixes: LAND DEVELOPMENT CODE LAND DEVELOPMENT CODE APPENDIX LDC1:1 LDCA:1 �--- LAND DEVELOPMENT CODE COMPARATIVE TABLE LDCCT:1 LAND DEVELOPMENT CODE INDEX LDCi:l Index The index appearing at the back of the publication has been editorially supplied and has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. u Acknowledgments This publication was under the direct supervision of John Dombroski, Vice -President of Production, and Elizabeth Butler, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. MUNICIPAL CODE CORPORATION Tallahassee, Florida vi ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT, SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORM ITIES, SEC. 9.04.00 VARIANCES; _ CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance 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 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners 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, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE. RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii SECTION TWO: FINDINGS OF FACT. The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: Collier County, pursuant to Sec. 163.3161, et seq., F.S., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also referred to as a Compre- hensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with, and implement, the adopted comprehensive plan. 3. Sec. 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 as required by the Act. 4. Sec. 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 development 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. Sec. 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations, including transfer of development rights, planned unit development, and impact fees. 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 Sec. 163.3161, et seq., F.S., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), F.S., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan, or element or portion thereof, shall be consistent with such Comprehensive Plan, or element or portion thereof, as adopted. 8. Pursuant to Sec. 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 permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Pursuant to Section 163.3194(3)(b) F.S., 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. ix 10. On October 30, 1991, Collier County adopted the original Collier County Land Development Code, which became effective on November 13, 1991. 11. The Board finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are 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; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and develop- ment 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, F.S., and Chapter 163, F.S., and through these revisions to, and recodification of, the LDC. 13. Notwithstanding Section Four, Repealer, of Ordinance 04-41, it is the express intent of the Board of County Commissioners of Collier County that the effective dates of previously adopted LDC provisions enacted as part of Ordinance Number 91-102, as amended, will continue to be the dates that those provisions were previously considered to have become effective. This intent is supported by the Board's comprehensive re -adoption and re - codification of the substantively identical or similar land development regulations previously adopted and enacted as part of the LDC, i.e., Ordinance 91-102, as amended, into the recodified LDC, with such action being further intended to act as a restatement of the LDC. A further expressly intended effect of this re -adoption and re -codification, notwithstanding any repeal of 91-102, as amended, is that the statutory provisions of Section 70.001(12) Fla. Stat. (2003), insulating land development regulations lawfully enacted and effective prior to May 11 th 1995 from suit under the Bert J. Harris Act, will continue to be so applied such that those LDC provisions lawfully enacted and effective prior to May 11, 1995, will continue to be statutorily insulated from any claim arising under the Bert J. Harris Act. SECTION THREE: ADOPTION OF RECODIFICATION TO THE LAND DEVELOPMENT CODE. The attached Exhibit "A," being the revised and recodified text of the existing Land Development Code and corresponding appendices, is hereby adopted by the Board of County Commissioners as the Land Development Code of Collier County, Florida, as required by § 163.3202 (1) & (3), F.S., and is incorporated by reference as if fully set forth herein as a part of this adopting Ordinance. SECTION FOUR: REPEALER. The Land Development Code set out herein supercedes and repeals any and all resolutions and ordinances in conflict herewith, specifically including Ordinance No. 91-102, as amended, except that the legal effect of Section 1.22.1 as specifically set forth in the existing Land Development Code on the date this Ordinance becomes effective will remain unchanged as to the ordinances referenced therein being repealed. Furthermore, all ordinances pertaining to approved Planned Unit x Developments (PUDs), and all changes to the Official Zoning Atlas, lawfully approved prior to this Ordinance �— becoming effective, will remain in effect and not be repealed by, or be affected by, the adoption of this Ordinance. SECTION FIVE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or of any other statute, code, local resolution, regulation or other applicable federal, state, or local law, the more stringent standard, limitation, or requirement shall govern or prevail to the extent of the conflict, except that in the event that any provisions of the adopted, re -codified LDC should result in the unintended consequence of an unresolved conflict with the provisions of the previously adopted LDC, as amended, the prior provisions will be considered to apply. Determinations regarding such unresolved cases will be made administratively within ten (10) business days of being presented in writing to the Zoning & Land Development Review Director by a five (5) member panel with extensive knowledge of, and significant experience working with, the LDC, three (3) of whom will be County employees and two (2) of whom will not, all to be appointed by the Administrator of the Community Development & Environmental Services Division. If not thereby resolved, the case and all supporting documentation, may be immediately appealed to, and finally decided by, the Collier County Planning Commission, and if not thereby resolved, may then be judicially determined in any manner consistent with the applicable law. It is the legislative intent of the Board of County Commissioners in adopting this Ordinance and LDC that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the unincorporated portion of Collier County. Should any portion or provision of this Ordinance or LDC be held to be unconstitutional or invalid by a court or tribunal of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion or provision and such holding shall not be construed as affecting the validity of any of the remaining portions or provisions. SECTION SIX. PUBLICATIONAS THE COLLIER COUNTYLAND DEVELOPMENT CODE. The provisions of this Ordinance as set forth in Exhibit A, being adopted and enacted as the Official Land Development Code of Collier County, Florida, shall be so published. The provisions of Exhibit A of this Ordinance may be corrected as to any misspellings, formatting, or numbering errors; and may be renumbered or relettered, and the word "ordinance" may be changed to "section," "chapter," or any other appropriate word, as part of the publishing process, so long as the substance and intent of the adopted provisions is not altered in any way. SECTION SEVEN. EFFECTIVE DATE. This Ordinance shall become effective, after filing with the Department of State, at 12:01 AM on September 27th, 2004 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 22nd day of June, 2004. ATTEST: Dwight E. Brock, Clerk BY: /s/ Deputy Clerk BY: /s/ Donna Fiala, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY /s/ Patrick G. White Assistant County Attorney A ll�