Agenda 01/25/2022 Item #17E (Ordinance - PL20210002604)01/25/2022
EXECUTIVE SUMMARY
Recommendation to approve 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 correct scrivener’s errors and update cross references related to
various Land Development Code (LDC) sections, including the Florida Building Code (FBC), the
Florida Fire Prevention Code (FPC), the Florida Statutes (F.S.), and Florida Administrative Code
(F.A.C.) Chapter and Rule citations, and to update the Goodland Zoning Overlay map with no
boundary change; 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 Sections 1.07.00 Laws Adopted By Reference
and 1.08.02 Definitions; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay
Zoning Districts; Chapter Four Site Design and Development Standards, including Section 4.02.03
Specific Standards for Location of Accessory Buildings and Structures and Section 4.02.22 Design
Standards for the Goodland Overlay Zoning District; Chapter Five Supplemental Standards for
Specific Uses, including Section 5.05.04 Group Housing; Chapter Six Infrastructure Improvements
and Adequate Public Facilities Requirements, including Section 6.06.01 Street System
Requirements; and Chapter Ten Application, Review, and Decision-Making Procedures, including
Sections 10.01.02 Development Orders Required and 10.02.03 Requirements for Site Development,
Site Improvement Plans and Amendments thereof; Section Four, Conflict and Severability; Se ction
Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.
[PL20210002604]
OBJECTIVE: To obtain Board approval of a Land Development Code (LDC) amendment correcting
scrivener’s errors and updating cross-references related to various LDC sections, including the Florida
Building Code (FBC), the Florida Fire Prevention Code (FPC), the Florida Statues (F.S.) and Florida
Administrative Code (F.A.C.) Chapter and Rule citations.
CONSIDERATIONS:
This LDC amendment corrects scrivener’s errors and updates various citations/references throughout the
LDC. This staff-led effort required collaboration between Zoning and other disciplines in GMD,
including Development Review, Building Plan Review and Inspection, as well as with staff with the
Greater Naples and North Collier Fire Districts. Changes to LDC section 1.07.00 contain updates with
corresponding updates to code citation and language in following sections. Other changes include
updated code citations and the Goodland Zoning Overlay map, corrected language in LDC sections
1.08.02 and 6.06.01 and the reorganization of the table in 4.02.03 D. These changes are necessary to keep
citations current, language appropriate, and maps and tables accurate. Research to relevant ordinances,
statutes, and codes was applied for validity. This amendment corrects scrivener’s errors and updates
various citations and references in the following LDC sections:
LDC section 1.07.00: Deletes the entries for the Building Construction Administrative, Plumbing,
Mechanical, Gas, Swimming Pool, and National Electrical Codes. These have been incorporated into and
replaced by the current FBC. The County Chief Building Official requested these changes. Current
references to the FPC, as established by the most recent F.A.C. and F.S. are cited. Battalion Chief of Life
Safety / Fire Marshal for North Collier Fire and Rescue District and Assistant Chief of Fire and Life
Safety / Fire Marshal for Greater Naples Fire District approved these changes following a meeting held on
November 17, 2020 regarding LDC consistency with fire prevention standards. The remaining subject
matter for LDC section Laws Adopted By Reference will be addressed and updated in a future LDC
amendment.
LDC section 1.08.02: The reference to minimum floor elevations for the “Building, zoned height of”
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should read the “Florida Building Code” and “Collier County Floodplain Management Ordinance” as
adopted by Ordinance 2019-01. The word, “wooden” is deleted from the definition of a “camping cabin,”
since camping cabins are not required to be a wooden structure.
LDC section 2.03.07 G.6.c.ii. and iii.: Code references are updated to be consistent with the code updates
in LDC section 1.07.00 - FS191.008(4); there are multiple independent fire districts within the County
and this language refers to the district having jurisdiction. The use of the hydrant(s) or supplemental
apparatus is described.
LDC section 2.03.07 J.: The Goodland Zoning Overlay (GZO) District Map-1 is revised to remove any
reference to the underlying zoning atlas map. The underlying zoning changes over time when the Board
approves a rezoning petition which amends the zoning atlas map. The newly revised map delineates
platted lots, major streets, the GZO District’s out er boundary and City of Marco Island jurisdictional
limits. The development standards of the underlying zoning districts shall apply and are not affected by
the new GZO Map.
LDC section 4.02.03 D.: For the table of dimensional standards for accessory buildings and structures in
zoning districts other than rural agricultural and estates districts, the Side and Rear yard Setback columns
are reversed at the request of staff reviewers for easier reading. In the table’s “Accessory/Building
Structure” column for “Waterfront Lots and Golf Course Lots,” 18 separation lines are removed to clarify
the dimensional standards apply to “Waterfront Lots and Golf Course Lots”.
LDC section 4.02.22 B.: A clause was added to clarify, noting the dimensional standards in the GZO
District are applicable to non-commercial zoning districts.
LDC section 5.05.04 E., E.1.c.i.a)i), E.1.c.ii.b), and E.4.: For Group Housing, the F.A.C. rule for
“Emergency Environmental Control Plans” reference is Chapter 59A-36.025.
LDC section 6.06.01 N. The word “principals” should read “principles.” This section is referring to the
fundamental ideas of which engineering is based upon.
LDC section 10.01.02 C.1.f., C.2.a., and C.3.a.: The wording has been modified for consistency with the
previously stated above changes in LDC section 1.07.00.
LDC section 10.02.03 A.5.b.i.: The amendment deletes the reference to Ordinance no. 2001-57 because it
has been repealed by Ordinance 2004-31 which re-established the Collier County Utilities Standard and
Procedures.
LDC section 10.02.03 A.5.c.viii.: The Florida “Uniform Firesafety Standards for Educational Facilities”
has been updated by F.A.C. rule Chapter 69A-58.
LDC section 10.02.03 F.4.: Staff review and recommendations for site plans with deviations for
redevelopment projects are evaluated by factors set forth in LDC section 10.02.03 F.7 Standards for
approval. and not in LDC section 10.02.03 F.8 Timeframe limits.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The
DSAC reviewed this amendment on November 3, 2021 and unanimously recommended approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
reviewed this amendment on December 16, 2021 and unanimously recommended approval, along with
changing the language of “Fire District” having jurisdiction to “Fire authority” having jurisdiction. This
change is in recognition of the fire suppression support Goodland Island receives from the City of Marco
Island and has been included throughout the revised text as it occurs multiple times.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
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action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of
four is needed for Board approval. (HFAC)
RECOMMENDATION: To approve the proposed Ordinance, amending the Land Development Code
and direct staff as to any changes.
Prepared by: Sean Kingston, AICP, CFM, Senior Planner, Planning & Zoning Division
ATTACHMENT(S)
1. PL20210002604 - 2021 Scrivener's Errors and Cross-References - BCC 01-25-2022 (PDF)
2. Ordinance - 123121 (PDF)
3. legal ad - agenda ID 20871 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 20871
Item Summary: Recommendation to approve 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 correct scrivener’s errors and update cross references
related to various Land Development Code (LDC) sections, including the Florida Building Code (FBC),
the Florida Fire Prevention Code (FPC), the Florida Statutes (F.S.), and Florida Administrative Code
(F.A.C.) Chapter and Rule citations, and to update the Goodland Zoning Overlay map with no boundary
change; 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 Sections 1.07.00 Laws Adopted By Reference and 1.08.02 Definitions;
Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter
Four Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location
of Accessory Buildings and Structures and Section 4.02.22 Design Standards for the Goodland Overlay
Zoning District; Chapter Five Supplemental Standards for Specific Uses, including Section 5.05.04 Group
Housing; Chapter Six Infrastructure Improvements and Adequate Public Facilities Requirements,
including Section 6.06.01 Street System Requirements; and Chapter Ten Application, Review, and
Decision-Making Procedures, including Sections 10.01.02 Development Orders Required and 10.02.03
Requirements for Site Development, Site Improvement Plans and Amendments thereof; Section Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date. [PL20210002604]
Meeting Date: 01/25/2022
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
12/21/2021 5:15 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
12/21/2021 5:15 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 12/22/2021 10:57 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/23/2021 4:14 PM
Growth Management Department James C French Growth Management Completed 12/23/2021 10:29 PM
Growth Management Department Trinity Scott Transportation Skipped 12/28/2021 8:59 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/10/2022 1:26 PM
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Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/10/2022 1:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2022 9:24 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/14/2022 11:42 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/16/2022 3:52 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/25/2022 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20210002604
SUMMARY OF AMENDMENT
This amendment corrects scrivener’s errors and updates cross-references
related to various Land Development Code (LDC) sections, including the
Florida Building Code (FBC), the Florida Fire Prevention Code (FPC), the
Florida Statues (F.S.) and Florida Administrative Code (F.A.C.) Chapter
and Rule citations.
ORIGIN
Growth Management
Department (GMD)
HEARING DATES LDC SECTION TO BE AMENDED
BCC 01/25/2022 1.07.00
1.08.02
2.03.07
4.02.03
4.02.22
5.05.04
6.06.01
10.01.02
10.02.03
LAWS ADOPTED BY REFERENCE
Definitions
Overlay Zoning Districts
Specific Standards for Location of Accessory Buildings and
Structures
Design Standards for GZO District
Group Housing
Street System Requirements
Development Orders Required
Requirements for Site Development, Site Improvement Plans
and Amendments thereof
CCPC 12/16/2021
DSAC 11/03/2021
DSAC-LDR 10/19/2021
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approved
DSAC
Approved
CCPC
Approved with change
BACKGROUND
This LDC amendment corrects scrivener’s errors and updates various citations/references throughout the LDC.
This staff-led effort required collaboration between Zoning and other disciplines in GMD, including Development
Review, Building Plan Review and Inspection, as well as with staff with the Greater Naples and North Collier
Fire Districts. Changes to LDC section 1.07.00 contain updates with corresponding updates to code citation and
language in following sections. Other changes include updated code citations and the Goodland Zoning Overlay
map, corrected language in LDC sections 1.08.02 and 6.06.01 and the reorganization of the table in 4.02.03 D.
These changes are necessary to keep citations current, language appropriate, and maps and tables accurate.
Research to relevant ordinances, statutes, and codes was applied for validity. This amendment corrects scrivener’s
errors and updates various citations and references in the following LDC sections:
LDC section 1.07.00: Deletes the entries for the Building Construction Administrative, Plumbing, Mechanical,
Gas, Swimming Pool, and National Electrical Codes. These have been incorporated into and replaced by the
current FBC. The County Chief Building Official requested these changes. Current references to the FPC, as
established by the most recent F.A.C. and F.S. are cited. Battalion Chief of Life Safety / Fire Marshal for North
Collier Fire and Rescue District and Assistant Chief of Fire and Life Safety / Fire Marshal for Greater Naples Fire
District approved these changes following a meeting held on November 17, 2020 regarding LDC consistency
with fire prevention standards. The remaining subject matter for LDC section Laws Adopted By Reference will
be addressed and updated in a future LDC amendment.
LDC section 1.08.02: The reference to minimum floor elevations for the “Building, zoned height of” should read
the “Florida Building Code” and “Collier County Floodplain Management Ordinance” as adopted by Ordinance
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2019-01. The word, “wooden” is deleted from the definition of a “camping cabin,” since camping cabins are not
required to be a wooden structure.
LDC section 2.03.07 G.6.c.ii. and iii.: Code references are updated to be consistent with the code updates in LDC
section 1.07.00 – FS191.008(4); there are multiple independent fire districts within the County and this language
refers to the district having jurisdiction. The use of the hydrant(s) or supplemental apparatus is described.
LDC section 2.03.07 J.: The Goodland Zoning Overlay (GZO) District Map-1 is revised to remove any reference
to the underlying zoning atlas map. The underlying zoning changes over time when the Board approves a
rezoning petition which amends the zoning atlas map. The newly revised map delineates platted lots, major
streets, the GZO District’s outer boundary and City of Marco Island jurisdictional limits. The development
standards of the underlying zoning districts shall apply and are not affected by the new GZO Map.
LDC section 4.02.03 D.: For the table of dimensional standards for accessory buildings and structures in zoning
districts other than rural agricultural and estates districts, the Side and Rear yard Setback columns are reversed at
the request of staff reviewers for easier reading. In the table’s “Accessory/Building Structure” column for
“Waterfront Lots and Golf Course Lots,” 18 separation lines are removed to clarify the dimensional standards
apply to “Waterfront Lots and Golf Course Lots”.
LDC section 4.02.22 B.: A clause was added to clarify, noting the dimensional standards in the GZO District are
applicable to non-commercial zoning districts.
LDC section 5.05.04 E., E.1.c.i.a)i), E.1.c.ii.b), and E.4.: For Group Housing, the F.A.C. rule for “Emergency
Environmental Control Plans” reference is Chapter 59A-36.025.
LDC section 6.06.01 N. The word “principals” should read “principles.” This section is referring to the
fundamental ideas of which engineering is based upon.
LDC section 10.01.02 C.1.f., C.2.a., and C.3.a.: The wording has been modified for consistency with the
previously stated above changes in LDC section 1.07.00.
LDC section 10.02.03 A.5.b.i.: The amendment deletes the reference to Ordinance no. 2001-57 because it has
been repealed by Ordinance 2004-31 which re-established the Collier County Utilities Standard and Procedures.
LDC section 10.02.03 A.5.c.viii.: The Florida “Uniform Firesafety Standards for Educational Facilities” has been
updated by F.A.C. rule Chapter 69A-58.
LDC section 10.02.03 F.4.: Staff review and recommendations for site plans with deviations for redevelopment
projects are evaluated by factors set forth in LDC section 10.02.03 F.7 Standards for approval. and not in LDC
section 10.02.03 F.8 Timeframe limits.
CCPC Recommendation
Collier County Planning Commission unanimously recommended approval with changing the LDC text from
“Fire District” having jurisdiction to “Fire authority” having jurisdiction. This change is to recognize the fire
suppression support Goodland Island receives from the City of Marco Island and has been incorporated in the
amendment.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None
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Amend the LDC as follows: 1
2
1.07.00 LAWS ADOPTED BY REFERENCE 3
4
The following Collier County ordinances and laws, as amended or superseded, are hereby 5
incorporated into this LDC by reference as if fully set forth and recited herein. Repeal or 6
amendment of these ordinances, or adoption of successor ordinances, shall not be subject to 7
procedures otherwise required for adoption of amendments to this LDC, except as otherwise 8
required by general law. 9
10
Subject Ordinance Number
Building Construction Administrative Code 2002-01 [Code of Laws Ch. 22, Art. II]
Florida Building Code 2001 as adopted by 61G20-
1.001, Florida Administrative Code (F.A.C.),
including the following technical codes:
• Plumbing
• Mechanical
• Fuel Gas
2002-01 [Code of Laws §§ 22-106,
22-107]
2020-48 [Code of Laws Ch. 22, Art. II]
Plumbing Code [Code §§ 22-106, 22-108]
Mechanical Code [Code §§ 22-106, 22-109]
Gas Code [Code §§ 22-106, 22-110]
Swimming Pool Code [Code ch. 22, art. IV, div. 3]
The National Electrical Code NFPA 70 1999 [Code ch. 22, art. IV, div. 2]
Florida Fire Prevention Code – Florida Statutes
633.202 and 69A, F.A.C.
• Chapter 4A-60 69A-60, F.A.C.
• National Fire Protection Association (NFPA)
1 with modification by Ch. 4A-60.003 69A-
60.003, F.A.C.
• National Fire Protection Association (NFPA)
101 with modification by Ch. 4A-60.004 69A-
60.004, F.A.C.
• Referenced Publications added to NFPA 1
and NFPA 101 by 4A-60.005 69A-60.005,
F.A.C.
• NFPA 1141: Standard for Fire Protection
Infrastructure for Land Development in
Wildland, Rural, and Suburban Areas – as
referenced in 69A-60.005, F.A.C.
• NFPA 1142: Standard on Water Supplies for
Suburban and Rural Fire Fighting – as
referenced in 69A-60.005, F.A.C.
2002-49 [Code of Laws Ch. 58, Art. II]
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• NFPA 1144: Standard for Reducing Structure
Ignition Hazards from Wildland Fire – as
referenced in 69A-60.005, F.A.C.
• NFPA 501A: Standard for Fire Safety Criteria
for Manufactured Home Installations, Sites,
and Communities – as referenced in 69A-
60.005, F.A.C.
• Local Amendments Ord. # 2002-49
• Local policies or code amendments as
adopted by the Fire District having
jurisdiction per F.S.191.008 (4).
Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX] 2002-1
Utility Standards 88-76 [Code ch. 134, art. III] 89-23
89-32
2001-57
Public Right-of-Way Standards 82-91 [Code ch. 110, art. II]
89-26
93-64
Seawall Construction 85-2 [Code ch. 22, art. IX]
85-26
86-5
Water Policy 74-50 [Code ch. 90, art. II]
90-10
2001-27
Collier County Streetscape Master Plan (CCSMP) 97-25
1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4
1.08.02 Definitions 5
6
* * * * * * * * * * * * * 7
Building, zoned height of: The vertical distance from the first finished floor to the highest 8
point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and 9
to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where 10
minimum floor elevations have been established by law or permit requirements, the 11
building height shall be measured from such required minimum floor elevations. (See 12
section 4.02.01, Exclusions from height limits, and off-street parking within a building.) 13
Required minimum floor elevations shall be in conformance with the Collier County 14
Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional 15
Requirements, 8., as set forth in Code of Laws § 22-26) the Florida Building Code and 16
Collier County Floodplain Management Ordinance and, if necessary, FDEP requirements 17
for minimum habitable first-floor structural support. Rooftop recreational space and 18
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accessory facilities are also exempted from the limitations established for measuring the 1
height of buildings. See Figure 3. 2
* * * * * * * * * * * * * 3
Camping cabin: A wooden structure designed as a detached, temporary living unit for 4
recreation or vacation purposes. 5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
2.03.07 Overlay Districts 9
10
* * * * * * * * * * * * * 11
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 12
distinct subdistricts for the purpose of establishing development criteria suitable for the 13
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 14
Urban Overlay District are delineated on the maps below. 15
* * * * * * * * * * * * * 16
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 17
conditions for these properties which by virtue of actions preceding the adoption 18
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 19
as a result of inconsistencies with the land development code, and are located 20
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 21
Plan. 22
* * * * * * * * * * * * * 23
c. Criteria for review. The following criteria shall apply to the existing 24
conditions site improvement plan approval process and shall be reviewed 25
by the County Manager or designee. 26
* * * * * * * * * * * * * 27
ii. The District Fire Official Fire authority having jurisdiction shall 28
provide written confirmation that either an the existing fire 29
hydrant(s) or a supplemental apparatus, provided by the Fire 30
District, is adequate can supply the required fire flow needed for fire 31
protection. 32
iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 33
through 6.1.2). NFPA 501A: Standard for Fire Safety Criteria for 34
Manufactured Home Installations, Sites, and Communities as 35
referenced in FAC 69A-60.005. 36
* * * * * * * * * * * * * 37
J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards 38
that will assure the orderly and appropriate development in the unincorporated area 39
generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to 40
provide regulation and direction under which the growth and development of Goodland 41
can occur with assurance that the tropical fishing village and small town environment of 42
Goodland is protected and preserved, and that development and/or redevelopment reflect 43
the unique residential and commercial characteristics of the community. The boundaries 44
of the Goodland Zoning Overlay district are delineated on Map 1 below. 45
46
GZO – Map 1 47
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* * * * * * * * * * * * * 2
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# # # # # # # # # # # # # 1
4.02.03 Specific Standards for Location of Accessory Buildings and Structures 2
3
* * * * * * * * * * * * * 4
D. Table of dimensional standards for accessory buildings and structures in zoning districts 5
other than Rural Agricultural (A) and Estates (E): 6
7
Location Accessory
Building/Structure
Setbacks
Front Rear
Side
Side
Rear
Structure
to
Structure
(If
Detached)
Non-
Waterfront
Lots and
Non-Golf
Course
Lots
Attached porch SPS 10 feet
SPS
SPS
10 feet
N/A
Carports (commercial,
industrial, and multi-
family)1
SPS SPS SPS 10 feet
Carports (one- and two-
family)
SPS 10 feet
SPS
SPS
10 feet
10 feet
Chickee, barbecue areas SPS 10 feet
SPS
SPS
10 feet
10 feet
One-story and multi-
story parking structures
SPS SPS SPS 1/12 with a
minimum
of 10 feet
Parking garage (one-
and two-family)
SPS 10 feet
SPS
SPS
10 feet
10 feet
Permanent emergency
generators1
Not
permitted
in front of
building
10 feet
SPS
SPS
10 feet
N/A
Satellite dish antennas Not
permitted
in front of
building
15 feet
SPS
SPS
15 Feet
10 feet
Swimming pool and/or
screen enclosure (one-
and two-family)
SPS 10 feet
SPS
SPS
10 feet
None
Swimming pool (multi-
family and commercial)
SPS 20 feet
15 feet
15 feet
20 feet
None
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Tennis courts (one- and
two-family)
SPS 15 feet
SPS
SPS
15 Feet
10 feet
Tennis courts (multi-
family, and commercial)
SPS 20 feet
15 feet
15 feet
20 feet
20 feet
Trellises, arbors, and
similar structures that do
not exceed the
maximum fence height in
LDC section 5.03.02
None None None None
Trellises, arbors, and
similar structures that
exceed the maximum
fence height in LDC
section 5.03.02
SPS 10 feet
SPS
SPS
10 feet
None
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS 10 feet
SPS
SPS
10 feet
10 feet
Waterfront
Lots and
Golf
Course
Lots3
Attached porch where
floor or deck of porch
are:
• In Isles of Capri:
Seven feet in height or
less above the top of
seawall with a maximum
of four feet of stem wall
exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
SPS 10 feet
SPS
SPS
10 feet
SPS
Attached porch where
floor or deck of porch
are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall
or with more than four
feet of stem wall
exposure
• In all other areas:
More than four feet in
height above top of
seawall or top of bank
SPS 20 feet
SPS
SPS
20 feet
SPS
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Boat slips and ramps
(private)
N/A N/A
7.5 feet
7.5 feet
N/A
N/A
Boathouses and boat
shelters (private)
SPS N/A
See LDC
sections
5.03.06 E
and F
See LDC
sections
5.03.06 E
and F
N/A
10 feet
Carports (commercial,
industrial, and multi-
family)1
SPS SPS SPS 10 feet
Carports (one- and two-
family)
SPS SPS SPS 10 feet
Chickee, barbecue areas SPS 10 feet
SPS
SPS
10 feet
10 feet
Davits, hoists, and lifts N/A N/A
See LDC
sections
5.03.06 E
and F
See LDC
sections
5.03.06 E
and F
N/A
None
Docks, decks, and
mooring pilings
N/A N/A
See LDC
sections
5.03.06 E
and F
See LDC
sections
5.03.06 E
and F
N/A
N/A
Golf clubhouse and
maintenance buildings4
50 feet 50 feet 50 feet N/A
One-story and multi-
story parking structures
SPS SPS SPS 1/12 with a
minimum
of 10 feet
Parking garage (one-
and two-family)
SPS SPS SPS 10 feet
Permanent emergency
generators1
Not
permitted
in front of
building
10 feet
SPS
SPS
10 feet
N/A
Satellite dish antennas Not
permitted
in front of
building
15 feet
SPS
SPS
15 Feet
10 feet
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Swimming pool and/or
screen enclosure (one-
and two-family) where
swimming pool decks
are:
• In Isles of Capri:
Seven feet in height or
less above the top of
seawall with a maximum
of four feet of stem wall
exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
SPS 10 feet
SPS
SPS
10 feet
None
Swimming pool and/or
screen enclosure (one-
and two-family) where
swimming pool decks
are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall
or with more than four
feet of stem wall
exposure
• In all other areas:
More than four feet in
height above top of
seawall or top of bank
SPS 20 feet
SPS
SPS
20 Feet
None
Swimming pool (multi-
family and commercial)
SPS 20 feet
15 feet
15 feet
20 feet
None
Tennis courts (private)
(one- and two-family)
SPS 15 feet
SPS
SPS
15 feet
10 feet
Tennis courts (multi-
family and commercial)
SPS 35 feet
SPS
SPS
35 feet
20 feet
Trellises, arbors, and
similar structures that do
not exceed the
maximum fence height in
LDC section 5.03.02
None None None None
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Trellises, arbors, and
similar structures that
exceed the maximum
fence height in LDC
section 5.03.02
SPS 10 feet
SPS
SPS
10 feet
None
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS SPS
10 feet
10 feet
SPS
10 feet
1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4.02.22 Design Standards for GZO District 4
5
* * * * * * * * * * * * * 6
B. Dimensional Sstandards applicable to non-commercial zoning districts. 7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
5.05.04 Group Housing 11
12
* * * * * * * * * * * * * 13
E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 59A-14
36.025 and 59A-4.1265, F.A.C., as amended, Emergency Environmental Control Plans 15
for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall 16
be submitted as a supplement to its Comprehensive Emergency Management Plan, to the 17
Bureau of Emergency Services - Emergency Management Division. 18
1. The Emergency Environmental Control Plans shall include the following 19
information, in addition to the requirements identified in Rules 58A-5.036 59A-20
36.025 and 59A-4.1265, F.A.C., as amended: 21
* * * * * * * * * * * * * 22
c. Permanent emergency generator or alternate power sources. Assisted 23
living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall 24
install permanent emergency generators or an alternate power source to 25
ensure ambient air temperatures will be maintained at or below 81 degrees 26
Fahrenheit for a minimum of 96 hours in the event of the loss of primary 27
electrical power. 28
i. If a permanent emergency generator is used the following shall be 29
required: 30
a) Permanent emergency generator specifications. 31
i) Permanent emergency generators and the 32
associated fuel supply shall be sized to ensure 33
compliance with §§ 58A-5.036 59A-36.025 F.A.C., 34
as amended, for assisted living facilities and 59A-35
4.1265 F.A.C., as amended, for nursing homes. 36
* * * * * * * * * * * * * 37
b) Regular testing and inspections required. Permanent 38
emergency generators shall be tested under load as 39
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required by §§ 58A-5.036 59A-36.025 F.A.C., as amended, 1
for assisted living facilities and 59A-4.1265 F.A.C., as 2
amended, for nursing homes, and by manufacturer's 3
specifications, and be inspected a minimum of once per 4
year. Each facility shall keep a written statement on site 5
attesting to the regular maintenance, third-party testing and 6
inspection of the generator and fuel system by a service 7
organization authorized by the manufacturer. 8
ii. Submittal Requirements. 9
* * * * * * * * * * * * * 10
b) Calculations demonstrating adequacy of fuel supply to 11
comply with §§ 58A-5.036 59A-36.025 F.A.C., as amended, 12
for assisted living facilities and 59A-4.1265 F.A.C., as 13
amended, for nursing homes. 14
* * * * * * * * * * * * * 15
4. Notification of Plan submittal shall be in accordance with Rules 58A-5.036 59A-16
36.025 and 59A-4.1265, F.A.C., as amended. 17
* * * * * * * * * * * * * 18
# # # # # # # # # # # # # 19
20
6.06.01 Street System Requirements 21
22
* * * * * * * * * * * * * 23
N. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, 24
shall be classified by the cross-sections contained in Appendix B, and will be directly 25
related to traffic volume as indicated in the definition of each street contained herein and, 26
where applicable, clarified by the cross-sections contained in Appendix B. Private street 27
right-of-way widths and design may be determined on a case-by-case basis in accordance 28
with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision 29
plat, the applicants engineer may request that the County Manager or his designee 30
approve an alternate private right-of-way cross-section. The request shall be in writing and 31
accompanied with documentation and justification for the alternate section based on 32
sound engineering principals principles and practices. 33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
10.01.02 Development Orders Required 37
38
* * * * * * * * * * * * * 39
C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a 40
conditional building permit prior to development order approval subject to the criteria, 41
limitations, and procedure established in this section. 42
1. The ECA may be approved by the County Manager or designee if the following 43
criteria are met: 44
* * * * * * * * * * * * * 45
f. The portion of work to be authorized for the permit has been approved by 46
the Office of the Fire Code Official and under the Florida Fire Prevention 47
Code the Fire authority having jurisdiction and in accordance with the 48
Florida Fire Prevention Code. 49
17.E.a
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* * * * * * * * * * * * * 1
2. Limitations on construction activity. 2
a. The ECA permit allows approved construction to commence up to the first 3
building code inspection. Construction may continue following phased or 4
complete building permit approval by the Collier County Building 5
Department and Office of the Fire Code Official the Fire authority having 6
jurisdiction. All construction is subject to the time limitations identified in the 7
Florida Building Code, Permit intent, section 105.4.1. 8
* * * * * * * * * * * * * 9
3. Procedure. 10
a. The ECA permit application shall be reviewed by the Collier County 11
Planning and Zoning Department, the Building Department and the Office 12
of the Fire Official the Fire authority having jurisdiction through a combined 13
submission process. 14
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments 18
thereof 19
20
A. Generally 21
* * * * * * * * * * * * * 22
5. School Board Review Exemption. 23
* * * * * * * * * * * * * 24
b. The expedited site plan for school board review, as referenced in section 25
10.02.03 A.3.a. of the Land Development Code, will consist of the following 26
areas of review: 27
i. Collier County Utilities Standards and Procedures, Ordinance No. 28
01-57 04-31, as may be amended. In accordance with this 29
Ordinance, the following requirements must be met: 30
* * * * * * * * * * * * * 31
c. School board review ("SBR") process. The SBR for School Board projects 32
shall be reviewed under the following expedited process: 33
* * * * * * * * * * * * * 34
viii. Should the School Board place temporary or portable classrooms 35
on a site, the School Board will supply additional data to the Fire 36
Code Office Fire authority having jurisdiction for review pursuant to 37
Rule 4A-58 69A-58, Florida Administrative Code. In addition, the 38
School Board will supply the Public Utilities Division with additional 39
data on temporary and portable classroom facilities relative to 40
concurrency issues related to water and sewer capacity and to the 41
proper sizing of water meters and grease traps. No other reviews 42
will be required for temporary or portable classroom facilities. 43
* * * * * * * * * * * * * 44
F. Site plan with deviations for redevelopment projects. 45
* * * * * * * * * * * * * 46
4. Staff review and recommendation. Based upon evaluation of the factors set forth 47
in LDC section 10.02.03.F.8 10.02.03 F.7. County Staff shall prepare a report 48
17.E.a
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containing their review findings and a recommendation of approval, approval with 1
conditions, or denial. 2
* * * * * * * * * * * * * 3
# # # # # # # # # # # # # 4
17.E.a
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ORDINANCE NO. 22 – ___
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 CORRECT SCRIVENER’S ERRORS AND
UPDATE CROSS REFERENCES RELATED TO VARIOUS LAND DEVELOPMENT
CODE (LDC) SECTIONS, INCLUDING THE FLORIDA BUILDING CODE (FBC), THE
FLORIDA FIRE PREVENTION CODE (FPC), THE FLORIDA STATUTES (F.S.), AND
FLORIDA ADMINISTRATIVE CODE (F.A.C.) CHAPTER AND RULE CITATIONS,
AND TO UPDATE THE GOODLAND ZONING OVERLAY MAP WITH NO
BOUNDARY CHANGE; 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 SECTIONS 1.07.00 LAWS ADOPTED BY REFERENCE AND 1.08.02
DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC
STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
AND SECTION 4.02.22 DESIGN STANDARDS FOR THE GOODLAND ZONING
OVERLAY DISTRICT; CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.05.04 GROUP HOUSING; CHAPTER SIX INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,
INCLUDING SECTION 6.06.01 STREET SYSTEM REQUIREMENTS; AND CHAPTER
TEN APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTIONS 10.01.02 DEVELOPMENT ORDERS REQUIRED AND
10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT
PLANS AND AMENDMENTS THEREOF; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20210002604]
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
17.E.b
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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 ________, 2021, 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 ________, 2022, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1), F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the 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.
17.E.b
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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.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.07.00 LAWS ADOPTED BY
REFERENCE
Section 1.07.00 Laws Adopted By Reference, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
1.07.00 LAWS ADOPTED BY REFERENCE
The following Collier County ordinances and laws, as amended or superseded, are
hereby incorporated into this LDC by reference as if fully set forth and recited herein. Repeal or
amendment of these ordinances, or adoption of successor ordinances, shall not be subject to
procedures otherwise required for adoption of amendments to this LDC, except as otherwise
required by general law.
17.E.b
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Subject Ordinance Number
Building Construction Administrative Code 2002-01 [Code of Laws Ch. 22, Art. II]
Florida Building Code 2001 as adopted by 61G20-
1.001, Florida Administrative Code (F.A.C.), including
the following technical codes:
• Plumbing
• Mechanical
• Fuel Gas
2002-01 [Code of Laws §§ 22-106, 22-
107]
2020-48 [Code of Laws Ch. 22, Art. II]
Plumbing Code [Code §§ 22-106, 22-108]
Mechanical Code [Code §§ 22-106, 22-109]
Gas Code [Code §§ 22-106, 22-110]
Swimming Pool Code [Code ch. 22, art. IV, div. 3]
The National Electrical Code NFPA 70 1999 [Code ch. 22, art. IV, div. 2]
Florida Fire Prevention Code – Florida Statutes
633.202 and 69A, F.A.C.
• Chapter 4A-60 69A-60, F.A.C.
• National Fire Protection Association (NFPA) 1
with modification by Ch. 4A-60.003 69A-
60.003, F.A.C.
• National Fire Protection Association (NFPA)
101 with modification by Ch. 4A-60.004 69A-
60.004, F.A.C.
• Referenced Publications added to NFPA 1 and
NFPA 101 by 4A-60.005 69A-60.005, F.A.C.
• NFPA 1141: Standard for Fire Protection
Infrastructure for Land Development in
Wildland, Rural, and Suburban Areas – as
referenced in 69A-60.005, F.A.C.
• NFPA 1142: Standard on Water Supplies for
Suburban and Rural Fire Fighting – as
referenced in 69A-60.005, F.A.C.
• NFPA 1144: Standard for Reducing Structure
Ignition Hazards from Wildland Fire – as
referenced in 69A-60.005, F.A.C.
• NFPA 501A: Standard for Fire Safety Criteria
for Manufactured Home Installations, Sites,
and Communities – as referenced in 69A-
60.005, F.A.C.
• Local Amendments Ord. # 2002-49
• Local policies or code amendments as
adopted by the Fire District having jurisdiction
per F.S.191.008 (4).
2002-49 [Code of Laws Ch. 58, Art. II]
Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX] 2002-1
Utility Standards 88-76 [Code ch. 134, art. III] 89-23
89-32
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2001-57
Public Right-of-Way Standards 82-91 [Code ch. 110, art. II]
89-26
93-64
Seawall Construction 85-2 [Code ch. 22, art. IX]
85-26
86-5
Water Policy 74-50 [Code ch. 90, art. II]
90-10
2001-27
Collier County Streetscape Master Plan (CCSMP) 97-25
* * * * * * * * * * * * *
SUBSECTION 3.B. 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
* * * * * * * * * * * * *
Building, zoned height of: The vertical distance from the first finished floor to the highest
point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and
to the mean height level between eaves and ridge of gable, hip, and gambrel roofs.
Where minimum floor elevations have been established by law or permit requirements,
the building height shall be measured from such required minimum floor elevations. (See
section 4.02.01, Exclusions from height limits, and off-street parking within a building.)
Required minimum floor elevations shall be in conformance with the Collier County
Administrative Construction Code (see County adopted FBC Section 104.2.1.2.
Additional Requirements, 8., as set forth in Code of Laws § 22-26) the Florida Building
Code and Collier County Floodplain Management Ordinance and, if necessary, FDEP
requirements for minimum habitable first-floor structural support. Rooftop recreational
space and accessory facilities are also exempted from the limitations established for
measuring the height of buildings. See Figure 3.
* * * * * * * * * * * * *
Camping cabin: A wooden structure designed as a detached, temporary living unit for
recreation or vacation purposes.
* * * * * * * * * * * * *
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.07 OVERLAY DISTRICTS
Section 2.03.07 Overlay Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.07 Overlay Districts
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * * *
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special
conditions for these properties which by virtue of actions preceding the adoption
of Ordinance No. 91-102, on October 30, 1991, were deemed to be
nonconforming as a result of inconsistencies with the land development code,
and are located within the Immokalee Urban Boundary as depicted on the
Immokalee Area Master Plan.
* * * * * * * * * * * * *
c. Criteria for review. The following criteria shall apply to the existing
conditions site improvement plan approval process and shall be reviewed
by the County Manager or designee.
* * * * * * * * * * * * *
ii. The District Fire Official Fire authority having jurisdiction shall
provide written confirmation that either an the existing fire
hydrant(s) or a supplemental apparatus, provided by the Fire
District, is adequate can supply the required fire flow needed for
fire protection.
iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1
through 6.1.2). NFPA 501A: Standard for Fire Safety Criteria for
Manufactured Home Installations, Sites, and Communities as
referenced in FAC 69A-60.005.
* * * * * * * * * * * * *
J. Goodland Zoning Overlay (GZO). To create design guidelines and development
standards that will assure the orderly and appropriate development in the unincorporated
area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is
intended to provide regulation and direction under which the growth and development of
Goodland can occur with assurance that the tropical fishing village and small town
environment of Goodland is protected and preserved, and that development and/or
redevelopment reflect the unique residential and commercial characteristics of the
community. The boundaries of the Goodland Zoning Overlay district are delineated on
Map 1 below.
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GZO – Map 1
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* * * * * * * * * * * * *
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SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR
LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
Section 4.02.03 Specific Standards For Location Of Accessory Buildings And Structures, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
* * * * * * * * * * * * *
D. Table of dimensional standards for accessory buildings and structures in zoning districts other
than Rural Agricultural (A) and Estates (E):
Location Accessory
Building/Structure
Setbacks
Front Rear
Side
Side
Rear
Structure to
Structure (If
Detached)
Non-
Waterfront
Lots and
Non-Golf
Course
Lots
Attached porch SPS 10 feet
SPS
SPS
10 feet
N/A
Carports (commercial,
industrial, and multi-
family)1
SPS SPS SPS 10 feet
Carports (one- and two-
family)
SPS 10 feet
SPS
SPS
10 feet
10 feet
Chickee, barbecue areas SPS 10 feet
SPS
SPS
10 feet
10 feet
One-story and multi-story
parking structures
SPS SPS SPS 1/12 with a
minimum of
10 feet
Parking garage (one- and
two-family)
SPS 10 feet
SPS
SPS
10 feet
10 feet
Permanent emergency
generators1
Not
permitted in
front of
building
10 feet
SPS
SPS
10 feet
N/A
Satellite dish antennas Not
permitted in
front of
building
15 feet
SPS
SPS
15 Feet
10 feet
Swimming pool and/or
screen enclosure (one-
and two-family)
SPS 10 feet
SPS
SPS
10 feet
None
Swimming pool (multi-
family and commercial)
SPS 20 feet
15 feet
15 feet
20 feet
None
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Tennis courts (one- and
two-family)
SPS 15 feet
SPS
SPS
15 Feet
10 feet
Tennis courts (multi-
family, and commercial)
SPS 20 feet
15 feet
15 feet
20 feet
20 feet
Trellises, arbors, and
similar structures that do
not exceed the maximum
fence height in LDC
section 5.03.02
None None None None
Trellises, arbors, and
similar structures that
exceed the maximum
fence height in LDC
section 5.03.02
SPS 10 feet
SPS
SPS
10 feet
None
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS 10 feet
SPS
SPS
10 feet
10 feet
Waterfront
Lots and
Golf
Course
Lots3
Attached porch where
floor or deck of porch are:
• In Isles of Capri: Seven
feet in height or less
above the top of seawall
with a maximum of four
feet of stem wall
exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
SPS 10 feet
SPS
SPS
10 feet
SPS
Attached porch where
floor or deck of porch are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall
or with more than four
feet of stem wall
exposure
• In all other areas: More
than four feet in height
above top of seawall or
top of bank
SPS 20 feet
SPS
SPS
20 feet
SPS
Boat slips and ramps
(private)
N/A N/A
7.5 feet
7.5 feet
N/A
N/A
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Boathouses and boat
shelters (private)
SPS N/A
See LDC
sections
5.03.06 E
and F
See LDC
sections
5.03.06 E
and F
N/A
10 feet
Carports (commercial,
industrial, and multi-
family)1
SPS SPS SPS 10 feet
Carports (one- and two-
family)
SPS SPS SPS 10 feet
Chickee, barbecue areas SPS 10 feet
SPS
SPS
10 feet
10 feet
Davits, hoists, and lifts N/A N/A
See LDC
sections
5.03.06 E
and F
See LDC
sections
5.03.06 E
and F
N/A
None
Docks, decks, and
mooring pilings
N/A N/A
See LDC
sections
5.03.06 E
and F
See LDC
sections
5.03.06 E
and F
N/A
N/A
Golf clubhouse and
maintenance buildings4
50 feet 50 feet 50 feet N/A
One-story and multi-story
parking structures
SPS SPS SPS 1/12 with a
minimum of
10 feet
Parking garage (one- and
two-family)
SPS SPS SPS 10 feet
Permanent emergency
generators1
Not
permitted in
front of
building
10 feet
SPS
SPS
10 feet
N/A
Satellite dish antennas Not
permitted in
front of
building
15 feet
SPS
SPS
15 Feet
10 feet
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Swimming pool and/or
screen enclosure (one-
and two-family) where
swimming pool decks
are:
• In Isles of Capri: Seven
feet in height or less
above the top of seawall
with a maximum of four
feet of stem wall
exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
SPS 10 feet
SPS
SPS
10 feet
None
Swimming pool and/or
screen enclosure (one-
and two-family) where
swimming pool decks
are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall
or with more than four
feet of stem wall
exposure
• In all other areas: More
than four feet in height
above top of seawall or
top of bank
SPS 20 feet
SPS
SPS
20 Feet
None
Swimming pool (multi-
family and commercial)
SPS 20 feet
15 feet
15 feet
20 feet
None
Tennis courts (private)
(one- and two-family)
SPS 15 feet
SPS
SPS
15 feet
10 feet
Tennis courts (multi-
family and commercial)
SPS 35 feet
SPS
SPS
35 feet
20 feet
Trellises, arbors, and
similar structures that do
not exceed the maximum
fence height in LDC
section 5.03.02
None None None None
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Trellises, arbors, and
similar structures that
exceed the maximum
fence height in LDC
section 5.03.02
SPS 10 feet
SPS
SPS
10 feet
None
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS SPS
10 feet
10 feet
SPS
10 feet
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.22 DESIGN STANDARDS FOR GZO
DISTRICT
Section 4.02.22 Design Standards For GZO District, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.22 Design Standards for GZO District
* * * * * * * * * * * * *
B. Dimensional Sstandards applicable to non-commercial zoning districts.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING
Section 5.05.04 Group Housing, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.05.04 Group Housing
* * * * * * * * * * * * *
E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 59A-
36.025 and 59A-4.1265, F.A.C., as amended, Emergency Environmental Control Plans
for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall
be submitted as a supplement to its Comprehensive Emergency Management Plan, to
the Bureau of Emergency Services - Emergency Management Division.
1. The Emergency Environmental Control Plans shall include the following
information, in addition to the requirements identified in Rules 58A-5.036 59A-
36.025 and 59A-4.1265, F.A.C., as amended:
* * * * * * * * * * * * *
c. Permanent emergency generator or alternate power sources. Assisted
living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall
install permanent emergency generators or an alternate power source to
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ensure ambient air temperatures will be maintained at or below 81
degrees Fahrenheit for a minimum of 96 hours in the event of the loss of
primary electrical power.
i. If a permanent emergency generator is used the following shall be
required:
a) Permanent emergency generator specifications.
i) Permanent emergency generators and the
associated fuel supply shall be sized to ensure
compliance with §§ 58A-5.036 59A-36.025 F.A.C.,
as amended, for assisted living facilities and 59A-
4.1265 F.A.C., as amended, for nursing homes.
* * * * * * * * * * * * *
b) Regular testing and inspections required. Permanent
emergency generators shall be tested under load as
required by §§ 58A-5.036 59A-36.025 F.A.C., as
amended, for assisted living facilities and 59A-4.1265
F.A.C., as amended, for nursing homes, and by
manufacturer's specifications, and be inspected a
minimum of once per year. Each facility shall keep a
written statement on site attesting to the regular
maintenance, third-party testing and inspection of the
generator and fuel system by a service organization
authorized by the manufacturer.
ii. Submittal Requirements.
* * * * * * * * * * * * *
b) Calculations demonstrating adequacy of fuel supply to
comply with §§ 58A-5.036 59A-36.025 F.A.C., as
amended, for assisted living facilities and 59A-4.1265
F.A.C., as amended, for nursing homes.
* * * * * * * * * * * * *
4. Notification of Plan submittal shall be in accordance with Rules 58A-5.036 59A-
36.025 and 59A-4.1265, F.A.C., as amended.
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS
Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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6.06.01 Street System Requirements
* * * * * * * * * * * * *
N. The minimum right-of-way widths to be utilized shall be as follows and, where applicable,
shall be classified by the cross-sections contained in Appendix B, and will be directly
related to traffic volume as indicated in the definition of each street contained herein and,
where applicable, clarified by the cross-sections contained in Appendix B. Private street
right-of-way widths and design may be determined on a case-by-case basis in
accordance with Chapter 10. In the event that the applicant does not apply for a
preliminary subdivision plat, the applicants engineer may request that the County
Manager or his designee approve an alternate private right-of-way cross-section. The
request shall be in writing and accompanied with documentation and justification for the
alternate section based on sound engineering principals principles and practices.
* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT ORDERS
REQUIRED
Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.01.02 Development Orders Required
* * * * * * * * * * * * *
C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a
conditional building permit prior to development order approval subject to the criteria,
limitations, and procedure established in this section.
1. The ECA may be approved by the County Manager or designee if the following
criteria are met:
* * * * * * * * * * * * *
f. The portion of work to be authorized for the permit has been approved by
the Office of the Fire Code Official and under the Florida Fire Prevention
Code the Fire authority having jurisdiction and in accordance with the
Florida Fire Prevention Code.
* * * * * * * * * * * * *
2. Limitations on construction activity.
a. The ECA permit allows approved construction to commence up to the first
building code inspection. Construction may continue following phased or
complete building permit approval by the Collier County Building
Department and Office of the Fire Code Official the Fire authority having
jurisdiction. All construction is subject to the time limitations identified in
the Florida Building Code, Permit intent, section 105.4.1.
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* * * * * * * * * * * * *
3. Procedure.
a. The ECA permit application shall be reviewed by the Collier County
Planning and Zoning Department, the Building Department and the Office
of the Fire Official the Fire authority having jurisdiction through a
combined submission process.
* * * * * * * * * * * * *
SUBSECTION 3.I. 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
A. Generally
* * * * * * * * * * * * *
5. School Board Review Exemption.
* * * * * * * * * * * * *
b. The expedited site plan for school board review, as referenced in section
10.02.03 A.3.a. of the Land Development Code, will consist of the
following areas of review:
i. Collier County Utilities Standards and Procedures, Ordinance No.
01-57 04-31, as may be amended. In accordance with this
Ordinance, the following requirements must be met:
* * * * * * * * * * * * *
c. School board review ("SBR") process. The SBR for School Board projects
shall be reviewed under the following expedited process:
* * * * * * * * * * * * *
viii. Should the School Board place temporary or portable classrooms
on a site, the School Board will supply additional data to the Fire
Code Office Fire authority having jurisdiction for review pursuant
to Rule 4A-58 69A-58, Florida Administrative Code. In addition,
the School Board will supply the Public Utilities Division with
additional data on temporary and portable classroom facilities
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relative to concurrency issues related to water and sewer capacity
and to the proper sizing of water meters and grease traps. No
other reviews will be required for temporary or portable classroom
facilities.
* * * * * * * * * * * * *
F. Site plan with deviations for redevelopment projects.
* * * * * * * * * * * * *
4. Staff review and recommendation. Based upon evaluation of the factors set forth
in LDC section 10.02.03.F.8 10.02.03 F.7. County Staff shall prepare a report
containing their review findings and a recommendation of approval, approval with
conditions, or denial.
* * * * * * * * * * * * *
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ______, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/____ (__/__/22)
21-LDS-003137/51
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